UNITED STATES
DISTRICT
COURTWESTERN
DISTRICT
OF TEXAS
Austin
Division
C.
MICHAEL
KAMPSPlaintiff,
V.
BAYLOR UNIVERSITY,KENNETH WINSTONSTARR,
in
his
official
capacity
as
President
of
Baylor University, ELIZABETH
DAVIS,in
her
official
capacity
as
Executive
Vice
President and
Provost of Baylor
University,
DAVID
SWENSON,in
his official
capacity
as
Chair
of
the
Admissions
Committee
and Chair
of
the
Scholarship Committee of BaylorLaw
School,
and
Members of
thoseCommittees
Defendants
2OI2JtJL
19
PMI2:22
E5TEr
I
ftXAS
CIVIL ACTION
NUMBER:
PLAINTIFF'S
ORIGINAL COMPLAINT
TO THE
HONORABLE
COURT:
NOW
COMES Plaintiff,
C.
Michael Kamps
("Plaintiff'
herein), complaining
of
Baylor University ("Baylor"); Kenneth Winston
StalT,
in his official capacity
as
President
of
Baylor University; Elizabeth
Davis, in
her officialcapacities
as
Executive VicePresident
and
Provost
of
Baylor University; David Swenson,in his official capacities
as
Chair
of
theAdmissions Committee and Chair
of
the ScholarshipCommittee
of
Baylor
Law School; and
each member
of
the Admissionsand Scholarship Committees
PLAINTIFF'S
ORIGINAL COMPLAINT Page
1
of
39
Case 1:12-cv-00657-LY Document 1 Filed 07/19/12 Page 1 of 39
("Member"or collectively,"Members");
collectively
"Defendants,"
andfor cause
of
actionwouldrespectfullyshow
this HonorableCourt
as
follows:
I.
INTRODUCTION
1.
Plaintiff, more
thanthirty years
ago,
graduatedfrom
a
majorandwell-respecteduniversityin
the top
quarter
of
hisclasscomprisingprimarily hissimilarlyagedpeers.
Plaintiff
first appliedto Defendant
BaylorUniversity's
LawSchool
in
2009,for
the
fallquartercommencingin 2010.
Plaintiff
also appliedfor
a
specificmerit
based
scholarshipwithpublished andlong-establishedqualifyingcriteriawhich
Plaintiff
met.
Thecandidate
pool
forthis class,and for thescholarship,generallyconsisted
of
applicantssubstantiallyyoungerthan Plaintiff.
2.
Plaintiff
expected
to be,and
insists that
he
be,
allowed
to
compete
onan equal
footingwiththe
muchyounger candidates
for
admission
to
LawSchoolandaccess
to
merit basedscholarships.
Plaintiff
expects,and insists,that
Defendants
judge
and
evaluate
his
application
as
onesubmittedby
a
top
quartergraduate
of
a
major
andwell-respected university.
3.
Defendantsrefuse andinsistuponapplyingdisparatestandards
to
older
vs.
younger
candidates.Defendantspretendthatthese arenot disparatestandards
at
all,
butrather
onefacially neutraland uniformstandard.Thesestandards,
as
appliedbyDefendants,
are
biasedwithrespect
toage
andarethereforein
violation
of
the AgeDiscriminationAct
of
1975,42
U.S.C.
§
6101
etseq.,
("theAct")
andits
implementingRegulations
at34
C.F.R.
Part
110
("Regulations").Defendantspersist in
this
practiceevenwhile faced withoverwhelmingevidence
of,
andwhile actuallyacknowledging,the
bias.
PLAINTIFF'S
ORIGINALCOMPLAINTPage
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39
Case 1:12-cv-00657-LY Document 1 Filed 07/19/12 Page 2 of 39
4.
In
response
to
Plaintiff's
application
for
admission,oneormoreDefendantsacted
to
increasetheweightaccordedthe disparatestandards
in theaward
of
meritbasedscholarshipassistance
a
movecalculatedto
mortallyinjure
Plaintiff's
scholarshipcandidacyand simultaneouslybreathelife
into
thecandidacies
of
three,
muchyounger,
applicants.
5.
In
response
to
Plaintiff's
complaint,Defendants,
collectivelyandeachindividuallyin
turn, have failed
or
refusedtheir
(its,
his orher)duty
imposedby
the
Act
and
RegulationsuponRecipients
of
Federalfinancialassistance
toensure
that
its
program
is
in compliancewith the Act
andto takesteps
to
eliminateviolations
of
the
Act.
6.
In
response
to
Plaintiff's
complaint
to
the
U.S.
Department
of
Education,Office
of
CivilRights,Defendantshaveengagedin
retaliatoryactionagainst
Plaintiff
in
violation
of
theAct
andRegulations.
7.
Plaintiff
therefore
sues,seekinginjunctiveand
declaratory
relief;actual,nominal,exemplaryand!or
punitivedamages
as
this Court
may
find
to
be
just
andright;
reasonableattorney
fees,
to
theextent
that
anybe incurred;
recovery
of
costs
of
court;andsuch
other
relief
as
this Court mayfind
Plaintiff
to beentitled.
u*
8.
Plaintiff
is
anindividual,over the
age
of
50
atall
timesrelevantherein,residingin the City
of
Rockwall,RockwallCounty,
Texas.1
9.
BaylorUniversity
is
a
domesticnon-profitcorporationorganizedandexisting
under
thelaws
of
theState
of
Texas,
with
its
principalplace
of
businessOneBearPlace#97043,Waco,McLennanCounty,Texas
76798.
Bayloroperates
its
Law
School
as
anoperatingunit, withthe Law
School's
principalplace
of
business
1114
South
University
PLAINTIFF'S
ORIGINALCOMPLAINTPage
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of
39
Case 1:12-cv-00657-LY Document 1 Filed 07/19/12 Page 3 of 39
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