Whistleblower lawsuit accuses Columbus State, USG of discrimination and retaliation
A former Columbus State University employee has filed a federal lawsuit accusing CSU of racial discrimination and retaliation.
Wayne W. Van Ellis, who was CSU’s registrar from September 2015 until March 2018, also sued the University System of Georgia in the case pending in the Columbus division of the U.S. District Court for the Middle District of Georgia.
CSU university relations director Greg Hudgison told the Ledger-Enquirer, “We do not comment on pending litigation.”
USG vice chancellor for communications Jen Ryan told the L-E that the Georgia Board of Regents hasn’t been served the lawsuit.
Van Ellis asserts violations of the U.S. Civil Rights Act and the Georgia Whistleblower Act and makes the following allegations in his lawsuit:
In December 2017, he requested to be considered for the position of interim assistant vice president for enrollment services, according to the lawsuit.
Van Ellis was qualified, the lawsuit says, noting he worked in a similar position for six years at a previous institution, but he wasn’t interviewed and wasn’t given a reason.
On or about Jan. 4, 2018, Van Ellis, who is black, learned that a white CSU employee who “has no applicable previous experience in such a role” was selected for the position, the lawsuit says.
Four days later, Van Ellis complained in a meeting with CSU president Chris Markwood that “an unqualified Caucasian was selected over a qualified African American,” the lawsuit says.
He also “expressed his concern that certain CSU practices” related to its enrollment reporting could get the university in legal trouble, the lawsuit say. Enrollment is a factor in the amount of money USG institutions receive from the state.
“No remedial action was taken by Defendants,” the lawsuit says.
On Jan. 24, 2018, Van Ellis was suspended and recommended for termination. The employee who was promoted over him accused Van Ellis of “using campus resources for his personal advancement,” the lawsuit says. The lawsuit doesn’t specify the accusation.
Van Ellis denies this charge, wasn’t questioned about it and claims other employees have done this but weren’t disciplined or terminated, according to the lawsuit.
One day later, staff members were told that they could lose their job if they communicated with Van Ellis, according to the lawsuit.
Van Ellis filed a charge of discrimination and retaliation against CSU with the Equal Employment Opportunity Commission. He also filed a complaint with USG’s Ethics and Compliance Board.
On Jan. 31, 2018, his suspension was extended for an additional five weeks, the lawsuit says.
On Feb. 8, 2018, Van Ellis was dropped from his CSU computer science classes and his student loans were canceled, according to the lawsuit.
On March 2, 2018, he was fired, the lawsuit says.
On May 22, 2018, Van Ellis filed a claim against USG with the EEOC.
On October 8, 2019, he received notice from the EEOC that he has a right to sue the defendants.
On Dec. 27, 2019, Amanda Brookhuis of the Kirby G. Smith Law Firm in Atlanta filed the lawsuit on behalf of Van Ellis.
Van Ellis seeks:
- Trial by jury
- Declaratory relief
- Actual and compensatory damages “in an amount to be determined by the enlightened conscience of a jury”
- Punitive damages
- Attorney fees and costs of litigation.
According to his LinkedIn.com page, Van Ellis now is employed as an assistant director of information technology services at West Virginia University.
This story was originally published January 16, 2020 at 5:00 AM.
