Case: EEOC v. NEWMAN UNIVERSITY

2:05-cv-02404 | U.S. District Court for the District of Kansas

Filed Date: Sept. 21, 2005

Closed Date: March 13, 2009

Clearinghouse coding complete

Case Summary

In September 2005, the St. Louis District Office of the EEOC (with participation from the Kansas City Area Office) brought this suit against Newman University in the U.S. District Court for the District of Kansas alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant refused to promote the charging party, a female employee, to a position she was well qualified for because of her sex. In addi…
In September 2005, the St. Louis District Office of the EEOC (with participation from the Kansas City Area Office) brought this suit against Newman University in the U.S. District Court for the District of Kansas alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant refused to promote the charging party, a female employee, to a position she was well qualified for because of her sex. In addition, the defendant allegedly retaliated against the charging party after she complained of the discrimination by changing her job title and duties, resulting in her constructive discharge. The charging party intervened in the suit in October 2005. After some scheduling orders and discovery, the parties settled through a consent decree in March 2006. The three-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: revise its anti-discrimination policy and complaint procedures, inform employees in writing of the changes to its policies, distribute a notice of rights, provide annual EEO training for all its administrative and supervisory employees, employ a Vice President of Human Resources to be in charge of compliance with its policies and the decree, provide the charging party with a neutral employment reference, post notices of rights, report to the EEOC at specified intervals, and pay $182,500. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2009.

Summary Authors

Justin Kanter (7/27/2007)

Clearinghouse (6/13/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4267523/parties/equal-employment-opportunity-commission-v-newman-university/


Judge(s)
Attorney for Plaintiff

Baran, Andrea G. (Kansas)

Harper, Donna L. (Kansas)

Johnson, Robert G. (Kansas)

Attorney for Defendant

Davis, Stanley D. (Kansas)

Mehrer, Dana M. (Kansas)

Documents in the Clearinghouse

Documents in this case

2:05-cv-02404

Docket (PACER)

EEOC v. Newman University

March 28, 2006

March 28, 2006

Docket
1

2:05-cv-02404

Complaint

EEOC v. Newman University

Sept. 21, 2005

Sept. 21, 2005

Complaint
9

2:05-cv-02404

Complaint in Intervention

EEOC v. Newman University

Oct. 25, 2005

Oct. 25, 2005

Complaint
13

2:05-cv-02404

First Amended Complaint in Intervention

EEOC v. Newman University

Oct. 26, 2005

Oct. 26, 2005

Complaint
30

2:05-cv-02404

Memorandum and Order [Re: Change of Venue]

EEOC v. Newman University

Jan. 4, 2006

Jan. 4, 2006

Order/Opinion

2006 WL 23566

42

2:05-cv-02404

Consent Decree

Equal Employment Opportunity Commission and Marla Sexson v. Newman University

March 13, 2006

March 13, 2006

Settlement Agreement

2:05-cv-02404

EEOC Litigation Settlement Report - March 2006

EEOC v. Newman University

No Court

May 19, 2006

May 19, 2006

Press Release

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4267523/equal-employment-opportunity-commission-v-newman-university/

Last updated March 21, 2026, 4:53 a.m.

ECF Number Date Description Link
1 Sept. 21, 2005

COMPLAINT (No summons issued) with trial location of Kansas City, KS filed by Equal Employment Opportunity Commission.(jb) (Entered: 09/21/2005)

RECAP
2 Sept. 22, 2005

MOTION to Intervene by Movant Marla Sexon(Shultz, Michael) (Entered: 09/22/2005)

RECAP
3 Oct. 6, 2005

Summons Returned Executed -- certified mail by Equal Employment Opportunity Commission upon Newman University served on 9/29/2005, answer due 10/19/2005 (Attachments: # 1)(Baran, Andrea) (Entered: 10/06/2005)

RECAP
4 Oct. 18, 2005

ENTRY OF APPEARANCE by Kristen Aggeler Page on behalf of Newman University. (Page, Kristen) (Entered: 10/18/2005)

RECAP
5 Oct. 18, 2005

CLERK'S ORDER extending time until 10/31/05 for Defendant Newman University, Newman University to answer or otherwise plead.Signed by Deputy Clerk on 10/18/05. (jb) (Entered: 10/18/2005)

RECAP
6 Oct. 18, 2005

ENTRY OF APPEARANCE by Stanley D. Davis on behalf of Newman University. (Davis, Stanley) (Entered: 10/18/2005)

RECAP
7 Oct. 24, 2005

ORDER SETTING SCHEDULING CONFERENCE:Telephone Scheduling Conference set for 11/30/2005 at 10:00 AM before Magistrate Judge James P. O'Hara. Report of Parties Planning Meeting deadline 11/18/2005. Signed by MagistrateJudge James P. O'Hara on 10/24/2005.(kg) (Entered: 10/24/2005)

RECAP
8 Oct. 25, 2005

Order granting the unopposed motion 2 of movant Marla Sexton to intervene as plaintiff in this case. Movant shall file and serve her complaint within 11 days of the date of the filing of this order. Signed by MagistrateJudge James P. O'Hara on 10/25/05.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (mt, ) (Entered: 10/25/2005)

RECAP
9 Oct. 25, 2005

Intervenor COMPLAINT of Marla Sexson, filed by Marla Sexon.(Shultz, Michael) (Entered: 10/25/2005)

RECAP
10 Oct. 25, 2005

DESIGNATION OF PLACE OF TRIAL filed by Defendant Newman University - trial to be held in Wichita, Kansas. (Page, Kristen) (Entered: 10/25/2005)

RECAP
11 Oct. 25, 2005

MOTION to Transfer Case Defendant's Request for Determination That Wichita, Kansas Be The Designated Location for the Docketing, Maintenance and Trial of This Case by Defendant Newman University (Attachments: # 1 Exhibit A)(Page, Kristen) (Entered: 10/25/2005)

1 Exhibit A

View on PACER

RECAP
12 Oct. 26, 2005

CORPORATE DISCLOSURE STATEMENT by Newman University identifying not-for-profit corporation Adorers of the Blood of Christ, United States Province as corporate parent. (Page, Kristen) (Entered: 10/26/2005)

RECAP
13 Oct. 26, 2005

AMENDED INTERVENOR COMPLAINT by Marla Sexson.(Shultz, Michael) (Entered: 10/26/2005)

RECAP
14 Oct. 31, 2005

RESPONSE by Intervenor Plaintiff Marla Sexson re 11 MOTION to Transfer Case Defendant's Request for Determination That Wichita, Kansas Be The Designated Location for the Docketing, Maintenance and Trial of This Case (Shultz, Michael) (Entered: 10/31/2005)

RECAP
15 Oct. 31, 2005

NEWMAN UNIVERSITY'S ANSWER to Plaintiff EEOC's Complaint by Newman University.(Page, Kristen) (Entered: 10/31/2005)

RECAP
16 Nov. 8, 2005

MEMORANDUM in Opposition by Plaintiff Equal Employment Opportunity Commission re 11 MOTION to Transfer Case Defendant's Request for Determination That Wichita, Kansas Be The Designated Location for the Docketing, Maintenance and Trial of This Case (Baran, Andrea) (Entered: 11/08/2005)

RECAP
17 Nov. 10, 2005

CLERK'S ORDER extending time until November 30, 2005 for Defendants Newman University. Signed by deputy clerk on 11/10/05.(kao) (Entered: 11/10/2005)

RECAP
18 Nov. 14, 2005

REPLY to Response to Motion by Defendant Newman University re: 11 MOTION to Transfer Case Defendant's Request for Determination That Wichita, Kansas Be The Designated Location for the Docketing, Maintenance and Trial of This Case Defendant Newman University's Reply in Further Support of its Request for Determination that Wichita, Kansas be the Designated Location for the Docketing, Maintenance, and Trial of this case (Page, Kristen) (Entered: 11/14/2005)

RECAP
19 Nov. 18, 2005

NOTICE OF SERVICE by Marla Sexson of Written Discovery Requests Upon Newman University (Shultz, Michael) (Entered: 11/18/2005)

RECAP
20 Nov. 18, 2005

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of First Request for Production of Documents. (Baran, Andrea) (Entered: 11/18/2005)

RECAP
21 Nov. 30, 2005

ANSWER to Plaintiff/Intervenor Marla Sexon's 13 First Amended Complaint by Newman University.(Page, Kristen) Modified on 12/1/2005 (ck ). (Entered: 11/30/2005)

RECAP
22 Nov. 30, 2005

SCHEDULING ORDER: Discovery deadline 5/31/2006. Dispositive motion deadline set for 7/7/2006. Proposed Pretrial Order due by 6/6/2006. Final Pretrial Conference set for 6/20/2006 at 10:30 AM before Magistrate Judge James P. O'Hara. Trial set for 11/7/2006 at 9:30 AM before District Judge Kathryn H. Vratil. SEE ORDER FOR ANY ADDITIONAL SCHEDULED DEADLINES AND HEARINGS. Signed by Magistrate Judge James P. O'Hara on 11/30/2005.(kg) (Entered: 11/30/2005)

RECAP
23 Dec. 9, 2005

JOINT MOTION for Protective Order by Defendant Newman University(Page, Kristen) (Entered: 12/09/2005)

RECAP
24 Dec. 9, 2005

CERTIFICATE OF SERVICE by Newman University Newman University's Voluntary Disclosure Statement Pursuant to Fed. R. Civ. P. 26(a)(1). (Page, Kristen) (Entered: 12/09/2005)

RECAP
25 Dec. 12, 2005

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Rule 26 Initial Disclosures Served 12/9/05 (Baran, Andrea) (Entered: 12/12/2005)

RECAP
26 Dec. 13, 2005

ORDER granting 23 Joint Motion for Protective Order. Signed by Magistrate Judge James P. O'Hara on 12/13/05. (sl) (Entered: 12/13/2005)

RECAP
27 Dec. 13, 2005

NOTICE OF SERVICE by Marla Sexson of Rule 26 Disclosures (Shultz, Michael) (Entered: 12/13/2005)

RECAP
28 Dec. 14, 2005

NOTICE OF SERVICE by Marla Sexson of Second Request for Production of Documents Upon Newman University (Shultz, Michael) (Entered: 12/14/2005)

RECAP
29 Dec. 20, 2005

NOTICE by Plaintiff Equal Employment Opportunity Commission of taking deposition of 30(b)(6) on January 18, 2006 (Baran, Andrea) (Entered: 12/20/2005)

RECAP
30 Jan. 4, 2006

MEMORANDUM AND ORDER overruling 11 Motion to Transfer Case. Signed by Judge Kathryn H. Vratil on 1/4/06. (ls)

RECAP
31 Jan. 12, 2006

NOTICE by Defendant Newman University of taking deposition of Marla Sexson on January 19, 2006 (Davis, Stanley) (Entered: 01/12/2006)

RECAP
32 Jan. 12, 2006

CERTIFICATE OF SERVICE of discovery responses. by Newman University. (Davis, Stanley) (Entered: 01/12/2006)

RECAP
33 Jan. 13, 2006

CERTIFICATE OF SERVICE of Discovery Responses by Equal Employment Opportunity Commission. (Baran, Andrea) (Entered: 01/13/2006)

RECAP
34 Jan. 13, 2006

NOTICE by Plaintiff Equal Employment Opportunity Commission of taking deposition of Jeanna Scott on January 18, 2006 (Baran, Andrea) (Entered: 01/13/2006)

RECAP
35 Jan. 13, 2006

NOTICE by Plaintiff Equal Employment Opportunity Commission of taking deposition of Mark Dresselhaus on January 20, 2006 (Baran, Andrea) (Entered: 01/13/2006)

RECAP
36 Jan. 16, 2006

NOTICE OF SERVICE by Marla Sexson of Responses to Written Discovery (Shultz, Michael) (Entered: 01/16/2006)

RECAP
37 Jan. 18, 2006

NOTICE of Hearing: (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) Status Conference set for 10/11/2006 at 01:30 PM before District Judge Kathryn H. Vratil at 500 State Avenue, Suite 511, Kansas City, Kansas. (ls) (Entered: 01/18/2006)

RECAP
38 Jan. 24, 2006

CERTIFICATE OF SERVICE of Defendant Newman University's Second Request for Production of Documents to Plaintiff/Intervenor Marla Sexson by Newman University. (Davis, Stanley) (Entered: 01/24/2006)

RECAP
39 Jan. 30, 2006

MEDIATION MINUTE ORDER - The undersigned magistrate judge has reviewed the confidential settlement reports submitted by the parties' respective attorneys. It does not appear that mediation (or for that matter any other form of mandated ADR) would be productive until sometime after defendant has deposed Kim Miller Jacobs in Nebraska on 2/21/06. By 3/3/06, defendant shall make a good faith settlement counter-proposal, responding to the proposal previously made by plaintiff. By 3/10/06, plaintiff shall respond to defendant's counter-proposal. By 3/20/06, each of the parties' attorneys shall submit independently, by way of e-mail addressed to the undersigned magistrate judge, an updated confidential settlement report. These reports shall briefly set forth the parties' settlement efforts to date, current evaluations of the case, views concerning future settlement negotiations and the overall prospects for settlement, and a specific recommendation regarding mediation and/or any other ADR method, together with an indication concerning who has been selected by the parties (preferably jointly) to serve as a mediator or other neutral in an ADR process. These reports need not be served upon opposing parties and shall not be filed with the Clerk's Office. Thereafter, the court may order the parties to participate in mediation or another ADR process. Signed by Magistrate Judge James P. O'Hara on 1/30/06.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry)(O'Hara, James) (Entered: 01/30/2006)

RECAP
40 Feb. 1, 2006

ENTRY OF APPEARANCE by Dana M. Mehrer on behalf of Newman University (Mehrer, Dana) (Entered: 02/01/2006)

RECAP
41 Feb. 1, 2006

NOTICE OF SERVICE by Marla Sexson of Written Discovery (Shultz, Michael) (Entered: 02/01/2006)

RECAP
42 March 13, 2006

CONSENT DECREE, Defendant and its officers, agents, employees, successors, assigns shall not engage in reprisal or retaliation as set forth in this order. Consent Decree is binding on all parties for a period of three years and can be extended. Each party to bear its own costs. Signed by Kathryn H. Vratil on 3/13/06.(ls)

RECAP
43 March 28, 2006

STIPULATION of Dismissal Stipulated Voluntary Dismissal by Marla Sexson, Newman University. (Mehrer, Dana) (Entered: 03/28/2006)

RECAP

Case Details

State / Territory:

Kansas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 21, 2005

Closing Date: March 13, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Newman University

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Other Dockets:

District of Kansas 2:05-cv-02404

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Implement complaint/dispute resolution process

Monitoring

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Retaliation Prohibition

Amount Defendant Pays: 182500

Order Duration: 2006 - 2009

Issues

General/Misc.:

Pattern or Practice

Retaliation

Discrimination Area:

Conditions of Employment (including assignment, transfer, hours, working conditions, etc.)

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Promotion

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation