(NAME-MCE) Accusations at Alabama State

[Anselmo Villanueva]

Accusations at Alabama State

Three female employees at Alabama State University have filed a
lawsuit charging that they were the victims of repeated incidents of
sexual and racial harassment, and that senior administrators condoned
the actions, The Montgomery Advertiser reported. University officials
counter that the suit was prompted by a former trustee who, they
claim, is trying to unsettle the institution.

http://www.montgomeryadvertiser.com/apps/pbcs.dll/article?AID=20103100339

By Markeshia Ricks and Sebastian Kitchen • March 10, 2010

State Rep. John Knight, Alabama State University's second in command,
says a lawsuit contending that three female university employees
suffered repeated sexual and racial harassment that was condoned by
ASU supervisors and officials is frivolous and possibly the handiwork
of a disgruntled former university trustee.

The federal court suit contends that a female supervisor subjected one
current and two former university employees to a wide variety of
racial and sexual harassment, ranging from verbal harassment to
inappropriate touching, and that ASU officials not only did little to
correct the situation but retaliated against the employees who
reported it.

But Knight, who is the executive vice president and chief operating
officer at ASU, said it is political season and accused former
university board member Joe Reed and the Alabama Education Association
of using the lawsuit to fight progress at the university.

"There are people who served on the board in the past who do not like
progress and are basically committed to fund any lawyers that want to
have a lawsuit against Alabama State University," Knight said. "That
is AEA and Joe Reed."

In the lawsuit, the three women contend that Lavonette Bartley, an
associate executive director at the university, who at one time served
as their supervisor, repeatedly harassed them -- even to the point of
giving one of the women revealing clothing that she wanted her to wear
to the office.

The women allege in the suit that they complained to at least three
members of ASU's board of trustees, and Reed wasn't one of them. The
complaints of harassment and discrimination go back to March 2008, and
continue beyond the time Reed was forced to relinquish his seat on the
board in September 2008.

Reed said none of the women ever made their complaints known to him
while he was on the board.

Cynthia Williams, Jacqueline Weatherly and Lydia Burkhalter allege
that Knight and other ASU supervisors not only condoned but also
encouraged and sometimes participated in these abuses. Burkhalter
alleges that Bartley made overt and Knight more subtle sexual advances
toward her.


The women filed the lawsuit against the university on March 4 and are
seeking compensation that includes back pay.

The suit contends that instead of trying to resolve complaints that
were made in good faith concerning the problems, Knight and Bartley
repeatedly retaliated against the plaintiffs. The suit also contends
ASU's conduct was so "pervasive as to create a racially and sexually
hostile working environment."

Candis McGowan, attorney for the three women, said they have a
federally protected right to report discrimination and should not have
been retaliated against for doing so.

Knight, who told the Montgomery Advertiser he was speaking on behalf
of himself and not the university, said the lawsuit was frivolous and
he was "shocked at some of the allegations that are in there."

Most of the allegations are aimed at Bartley, who is alleged to have
regularly used the N-word when referring to the plaintiffs, other
employees and even students. It also is alleged that Bartley routinely
referred to female employees as "bitches," and often made sexually
suggestive comments about their anatomy. She is even accused of
inappropriately rubbing her breasts against Burkhalter.

According to the suit, Bartley allegedly once complained about
employees' work performance, saying, "Y'all n******s gon' learn I
ain't nothing to play with. When I need y'all bitches you better be
there."

The Montgomery Advertiser, through Kenneth Mullinax Jr., director of
public information and media relations, requested interviews with
Knight, Bartley and President William Harris. Knight was the only
official from ASU to respond.

Burkhalter alleges in court documents that on different occasions
Knight made advances that she perceived as sexual in nature, and he
once allegedly asked her to "dance for me" and promised that he could
take her to parties she'd otherwise never get to attend.

In specifically addressing the allegations against him, Knight said
they are "absolutely false. There is no validity to it at all."

"If anybody ever felt that was happening, then they were certainly
dreaming," Knight said.

He said he has tried his best during his professional career to treat
employees with respect and dignity.

Knight said Williams and Burkhalter were terminated and are
disgruntled employees. The lawsuit alleges that Williams and
Burkhalter were both fired without cause as retaliation for reporting
Bartley's alleged behavior.

When asked if he ever witnessed any improper behavior by Bartley,
Knight said "absolutely not."

Knight said he became aware of the allegations when Weatherly filed
her complaint with the university. He said the university encourages
employees to report complaints about sexual harassment or a hostile
work environment, as Weatherly did.

He said the university took the appropriate actions. The plaintiffs
dispute Knight's recollection of events, alleging that attempts to
transfer to other departments or to reach out to other officials were
often thwarted by Knight. They also say it was nearly impossible for
them to file additional complaints against Bartley and that they were
told not to take their complaints further.

But Knight said the university followed procedures when Weatherly
filed her complaint. He said after four days of testimony, the
committee did not find any sexual harassment, but recommended
sensitivity training for Bartley. He said he insisted she go to
sensitivity training, that she has attended one session and that she
is supposed to attend more training.

The lawsuit alleges that Bartley had not attended any training as of
May 2009, which is the same month that Burkhalter was fired for
allegedly abandoning her position.

In documents acquired by the Montgomery Advertiser about EEOC
complaints against Bartley that were investigated by the university,
the human resources director wrote in August 2008 that "Mrs. Bartley's
intense involvement with various personnel was humiliating,
condescending, intimidating and unwelcome behavior. This type behavior
does and will interfere with one's work performance."

The EEOC committee at the university recommended, according to the
August memo, giving Bartley a written reprimand "from her immediate
supervisor."

Harris approved the recommendation in September 2008. The suit alleges
that it took nearly eight months for Knight to act on the committee's
recommendation, and when he did write the recommended reprimand, he
allegedly wrote that it "does not result from my belief that you have
created a hostile work environment within the context of the Title VII
of the Civil Rights Act of 1964."

Knight said Bartley, whom he said he's known "a long time," continues
to work under his supervision, but in a different position. He said
she no longer supervises employees.