The College Faculty

See the full PDF of this opinion here.

IN THE COURT OF APPEALS FOR GREENE COUNTY, OHIO

PETER TOWNSEND, et al.
Plaintiffs-Appellants
v.
ANTIOCH UNIVERSITY
Defendant-Appellee

OPINION
C.A. CASE NO. 2008 CA 103
T.C. NO. 2008 CV 0300
(Civil appeal from Common Pleas Court)

Rendered on the 29th day of May, 2009.

W. EVAN PRICE II, Atty. Reg. No. 0056134 and MICHAEL R. GOODSTEIN, Atty. Reg. No. 0080476 and SABRINA HAURIN, Atty. Reg. No. 0079321, One Columbus, 10 West Broad Street, 21st Floor, Columbus, Ohio 43215
Attorneys for Plaintiffs-Appellants

KATHLEEN M. TRAFFORD, Atty. Reg. No. 0021753 and KENDALL V. SHAW, Atty. Reg. No. 0076556, 41 South High Street, Columbus, Ohio 43215
Attorney for Defendant-Appellee

WILLIAM R. GROVES, Atty. Reg. No. 0009440, One S. Limestone Street, Suite 800, Springfield, Ohio 45502
Attorney for Defendant-Appellee

WOLFF, J. (by assignment)

The appellants, a group of tenured Antioch College professors, appeal from the trial court’s judgment entry dismissing their amended complaint against appellee Antioch University pursuant to Civ.R. 12(B)(1) and Civ.R. 12(B)(6).

The appellants advance three assignments of error. First, they contend the trial court erred in finding, as a matter of law, that the relief they sought required judicial intervention in the management and operation of Antioch College. Second, they claim the trial court erred in finding, as a matter of law, that a “Faculty Personnel Policies and Procedures” manual constituted a personal-service contract. Third, they assert that the trial court erred in finding, as a matter of law, that they had an adequate remedy in the form of money damages for the breach of contract alleged in their amended complaint. Continue Reading »

From: theantiochpapers.org/document/116/adcil-in-exile-townsend-et-al-v-antioch-university

On May 12, 2009, the Court of Appeals of Ohio, Second Appellate District, heard an appeal on behalf of the members of the former faculty of Antioch College regarding reinstatement of their recently dismissed lawsuit against Antioch University.

In 2007 members of the former faculty of Antioch College filed a lawsuit alleging that Antioch University violated the Antioch “College Faculty Personnel Policies”. According to this contractual document, the University is mandated to seek “less drastic means” to closure through “consultation” with the College’s Administrative Council, AdCil. Specifically, the University is required to work with AdCil to development “a plan and timetable for abating financial emergency” or closure. The faculty lawsuit alleges that Antioch University officers refused to meet with AdCil to develop this plan or explore less drastic means.

A ruling on the appeal is expected sometime within the next 12 weeks.

For background information see The College Faculty website

From the Yellow Springs News - January 8th, 2009
By Diane Chiddister

The former faculty of Antioch College recently appealed a November decision from the Greene County Common Pleas Court to dismiss the faculty lawsuit against Antioch University. The appeal, filed several weeks ago, will take about eight or nine months to work its way through the court system, according to Attorney Evan Price of Columbus, who represents the faculty.

On Nov. 26 Judge Stephen Wolaver of the Common Pleas Court dismissed the faculty lawsuit, which alleges that the university trustees breached their contractural responsibilities to faculty by declaring a state of financial exigency and suspending operations when less drastic measures were available, and also by making this decision without consulting faculty. These actions violated contractual obligations as stated in the Faculty Personnel Policies and Procedures, the lawsuit said.

Read the full article at http://www.ysnews.com/stories/2009/01/010809_antioch.html

Hi Folks,

The Faculty lawsuit has been moving forward steadily, though quietly. I’ve taken the baton from Peter Townsend in coordinating communication, and thought that we’re way past due in providing an update on the various pieces of the legal puzzle that have been unfolding during the past few months.

a) Some may know that Eric Bates, one of the ACCC negotiators, was deposed June 26th.  Due to the confidentiality agreements between the ACCC and the University in their negotiations, the text of the deposition has not yet been released.  University attorneys are still reviewing the text of the deposition, and it should be released soon.  We’ll post it as soon as it’s made available.

b) The Greene County judge has not yet ruled on the University’s motion to dismiss the Faculty lawsuit.  There is no legal deadline for him to do so, and his ruling could come tomorrow or months from now.

c) We’re moving ahead with depositions, and have scheduled two Trustees to be deposed in early September.  Other Trustees and the Chancellor are in the cue.

d) Faculty counsel sent a request to University counsel for electronic documents on July 11.  Most importantly, the request asked the University to produce all e-mails to and from the Chancellor starting in January of ‘07.  We have received a written response, and should be receiving the documents shortly.  At that point we will have to review what has been released, to examine critical absences, and may have to seek the court’s help in compelling production of relevant electronic documents, including, if necessary, forensic retrieval.

On behalf of the faculty I’d like to thank all of you who have supported us in this legal action.  The process is long and painstaking, and of course very expensive, but I’m convinced that the lawsuit (a) has been a primary force in keeping the Board and University at the negotiating table, and (b) has played a very important role in excavating the Board and University processes that led to the closure of the College.  I hope you will continue to show your generosity in this effort to get at the truth and to bring about an autonomous, viable and thriving Antioch College.  Contributions for the Faculty Legal Fund can be directed to the College Revival Fund folks.

For the Faculty,

Bob Devine

PDF Available

IN THE COURT OF COMMON PLEAS OF GREENE COUNTY, OHIO

PETER TOWNSEND, et al.
Plaintiffs,
v.
ANTIOCH UNIVERSITY,
Defendant.

Case No. 2008 CV 0300
Judge Wolaver

PLAINTIFFS’ MEMORANDUM IN OPPOSITION TO DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S FIRST AMENDED COMPLAINT

I. INTRODUCTION
The Court should deny Defendant Antioch University’s Motion to Dismiss because Plaintiffs, the tenured faculty members of Antioch College (the “College Faculty”), are not seeking specific performance of the provisions of a personal services contract and they are not asking the Court to step into Defendant’s shoes and make decisions regarding the operation of the College. Rather, the College Faculty seeks specific performance of Defendant’s contractual obligation to implement less drastic measures than closing the College in order to alleviate the College’s financial problems. Specifically, Section IV A 56 of the College’s Faculty Personnel Policies and Procedures (“the Contract”) permits Defendant to declare financial exigency and close the College only when “an imminent financial crisis exists which threatens the survival of the College and cannot be alleviated by less drastic means.” (emphasis added).
Continue Reading »

Here’s the latest update: Court Decision - PDF