STATE OF INDIANA JASPER SUPERIOR COURT NO.

1
) SS:
JASPER COUNTY CAUSE NO. 37D01-1703-PL-

37D01- 7 0 4 -13 L- 0 0 0 2 9 9
WILLIAM WHITE, )
TIMOTHY RICE, )
ROBERT BRODMAN, )
ROBERT C. PFAFF, )
SALLY BERGER, and )
SUSAN CHATTIN, )
c/o Andrew M. Hicks )
Warrick & Boyn, LLP, ) APR 0 4 2017
121 W. Franklin St., Ste. 400 )
Elkhart, IN 46516 ) A- Nat
Clerk of t
) asper Mperior Court
Plaintiffs, )
)
v. )
)
SAINT JOSEPH'S COLLEGE )
c/o Spencer Conroy, Registered Agent )
US Highway 231 South, )
Rensselaer, IN 47978 )
)
Defendant. )

COMPLAINT and JURY DEMAND

Comes now the Plaintiffs, by counsel, the law firm of Warrick & Boyn,
LLP, and for their Complaint against the Defendant, Saint Joseph's College, states
as follows:
Jurisdiction and Venue
1. Plaintiffs are residents of Jasper County, Indiana.
2. Saint Joseph's College is an Indiana Domestic Nonprofit
Warrick Corporation whose principal office is in Jasper County, Indiana.
Boyn, LLP
ATTORNEYS AT LAW 3. Venue and jurisdiction are proper.

The Contract and Handbook

121 West Franklin Street 4. Plaintiffs are tenured faculty members at Saint Joseph's College.
Suite 400
ilkhart, Indiana 46516-3278
574/294-7491
Fax: 574/294-7284 msw\lithscsjc-cmplaint\amhd\mj
 5. For the 2016-2017 academic year Saint Joseph's College entered
into individual contracts with Plaintiffs for employment as tenured professors.
The contracts are identical in relevant parts related to this claim. A redacted copy
of a contract typical for all tenured faculty members is attached as Exhibit A.
(For convenience, reference to the individual contracts of the tenured faculty will
simply be "Contract".)
6. The Contract incorporates into its terms the Faculty Handbook (the
"Handbook"). A copy of Handbook is attached as Exhibit B.
7. As tenured faculty members, Plaintiffs are entitled to certain
benefits as specified in the Contract and the Handbook.
8. Paragraph 3 of the Contract states: "Faculty Member shall be
eligible to participate in the College's retirement and benefit plans, programs and
policies in accordance with the applicable plan, policy or program document. The
College retains the right to change, alter, or eliminate benefits based on the best
interest of the College; provided, however, no such change shall affect Faculty
Member during the academic year of this contract. The College will provide
more specific retirement and benefit information, including premium and
contribution rates, no later than July 15 preceding the academic year."
9. 4.951 of the Handbook defines "Financial Exigency" as "an
emergency need to reorder the nature and magnitude of the financial obligations
of the college in such a way as to restore and preserve the financial ability of the
College."
10. 4.951 requires the President of Saint Joseph's College to consult
with and engage the Chair and Chair-Elect of the Faculty Assembly prior to the
President's recommendation to Saint Joseph's College's Board of Trustees so that
they may provide input and be "parties to the presentation."
Warrick 11. 4.951 separates faculty members from other employees in that
Boyn,LLP
ATTORNEYS AT LAW
"Faculty members shall not be considered affected by a reduction in force action
if they are separated at the normal expiration of their one year contract
appointment, or at the normal expiration of a one year segment of a multi-year
121 West Franklin Street appointment."
Suite 400
'.Ikhart, Indiana 46516-3278
574/294-7491
Fax: 574/294-7284 msw\liti\scsjc-cmplaint\amhthmj 2
 12. 4.953 of the Handbook states that in the event of a financial
exigency, "the Chief Academic Officer, in consultation with the Academic
Cabinet, shall recommend action to the President." The President then is required
to recommend action to the Board of Trustees. However, prior to recommending
divisions or programs for elimination, the Chief Academic Officer "must also
seek the concurrence of the Faculty Assembly."
13. 4.954(2) of the Handbook states the procedures for laying off
faculty members. It states:
In the case of financial exigency where short notices and effective
action are necessary, the following procedures may be followed.
a. The Academic Cabinet and the Chief Academic Officer may
advise the President to hold all contracts until May 31 and to serve
notice of non-renewal of contracts to non-tenured faculty, pending
a final decision on the seriousness of the financial exigency.
b. All tenured faculty to be laid off due to financial exigency will
receive one year's notice to be counted from the date of officially
receiving the decisions of the Board of Trustees. Untenured or
term faculty will complete the current academic term in progress
on the date of the decision by the Board of Trustees.
c. Tenured faculty who have been laid off shall be offered
nonteaching positions in the College if there are openings for
which they are qualified.
d. The College will attempt to assist displaced tenured faculty in
finding employment in industry, government, or other educational
institutions.

14. For tenured faculty, 4.591 and 4.954(2) specifically require: (a)
That the tenured faculty member receive one year's notice entitling the member to
payment and benefits during that notice period; (b) That the tenured faculty's
obligations to Saint Joseph's College cease at the normal expiration of the current
academic year; (c) That the tenured faculty shall be offered non-teaching positions
at Saint Joseph's College, if such positions exist and the faculty members are
Warrick qualified; and (d) that Saint Joseph's College shall attempt to assist displaced
BoyL LLP tenured faculty members in finding alternate employment.
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121 West Franklin Street

Suite 400
Elkhart, Indiana 46516-3278
574/294-7491
Fax: 574/294-7284 msw\liti\scsjc-cmplaint\amhd\mj 3
 Count I Breach of Contract
15. Plaintiffs restate paragraphs 1 through 14.
16. On or about March 15, 2017, Saint Joseph's College officially
notified Plaintiffs, and all other tenured faculty, of the financial exigency and
faculty layoff pursuant to Section 4.95 of the Handbook. A copy of the notice is
attached as Exhibit C.
17. Prior to declaring a financial exigency, Saint Joseph's College
breached its contract with Plaintiffs by failing to follow the terms of the
Handbook.
18. Additionally, Saint Joseph's College made the following threats to
tenured faculty: (a) That faculty members will only receive their one year
severance if they remain "employees" of Saint Joseph's College through March
14, 2018; (b) Faculty members who find alternate employment will not receive
their full compensation; (c) Even though faculty have to remain "employees" in
order to receive their severance, they will not receive their contract benefits; (d)
Even though tenured faculty are to only be contracted on an academic calendar
year basis, and the college is employing them into the next academic year, they
will not be employees through the next full academic year; and (e) Tenured
faculty have an obligation to keep the college updated as to any alternate
employment they may obtain in order to receive their severance.
19. These interpretations of the contract are not supported by the
Handbook and breach the contract with Plaintiffs and all other similarly situated
tenured faculty.
20. These interpretations were made without prior discussion with, or
input from, tenured faculty.
Warrick 21. Saint Joseph's College's breaches described above, together with
Boyn, LLP
ATTORNEYS AT LAW other breaches of the contract, have caused Plaintiffs and all other similarly
situated tenured faculty damage.

121 West Franklin Street

Suite 400
khart, Indiana 46516-3278
574/294-7491
Fax: 574/294-7284 msw\liti\scsjc-cmplaint\amhd\mj 4
 WHEREFORE, Plaintiffs request judgment in their favor and against Saint
Joseph's College in an amount sufficient to compensate them for their damage,
including reasonable attorney's fees, costs, expenses, pre and post-judgment
interest, and all other just and proper relief

Count II Request for Declaratory Relief

22. Plaintiffs restate paragraphs 1 through 21.
23. The contract provides that Plaintiffs, along with other tenured
faculty, are: (a) entitled to receive payment of their current salary and benefits
through March 14, 2018, regardless of whether or not they find alternate
employment; (b) only required to teach and perform services through the
remainder of the academic year, May 12, 2017; (c) to be offered, though not
required to accept, continued employment at Saint Joseph's College; and (d) to be
offered, though not required to accept, assistance from Saint Joseph's College in
finding alternate employment as comparable as possible to their current
employment.
24. Saint Joseph's College interpretation of the contract is inconsistent
with the written language of the Contract and Handbook and makes it financially
difficult for Plaintiffs and other similarly situated tenured faculty to obtain
alternate employment and their contracted benefits.
25. Due to Saint Joseph's College's interpretation, Plaintiffs require
the assistance of this Court to interpret the contact within the four corners of the
Contract and Handbook and issue an order to Saint Joseph's College to require it
to honor the terms of the contract.

WHEREFORE, Plaintiffs request the Court to interpret the contract in

Warrick their favor for the benefit of them and all similarly situated tenured faculty, that
Boyn, LLP the Court order Saint Joseph's College to comply with the Court's interpretation,
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and for all other just and proper relief

121 West Franklin Street

Suite 400
Elkhart, Indiana 46516-3278
574/294-7491
Fax: 574/294-7284 msw\liti\scsjc-cmplaint\amhd\mj 5
 Count III Blacklisting
26. Plaintiffs restate paragraphs 1 through 25.
27. Saint Joseph's College wants the ability to recall or retain tenured
faculty, such as the Plaintiffs, but does not want to pay for them.
28. Saint Joseph's College has stated that even after the end of the
academic year the tenured faculty are "employees" and is attempting to use the
"employee" designation to require them to report their new employment in order
to reduce the compensation due from Saint Joseph's College.
29. During the typical academic year, tenured faculty may not be
engaged in outside employment without the prior approval of certain
administrators, which is routinely approved with no negative consequences. By
classifying the tenured faculty as "employees" Saint Joseph College is attempting
to monitor, track, and prevent the tenured faculty seeking employment and are
threatening to reduce their compensation if they do not report to Saint Joseph's
College prior to obtaining alternate employment.
30. While Saint Joseph's College claims tenured faculty are
"employees" into the next academic year, it is a fictional classification that only
lasts until March 14, 2018, at which point the tenured faculty will receive no
further severance payments or benefits (if any).
31. As faculty positions work on a traditional academic year calendar
and schedule, the tenured faculty will be left without any means of compensation
from March through August of 2018, at a minimum.
32. Saint Joseph's College's actions, including other actions outside of
the contract, are against the specific group (or list) of tenured faculty.
33. Saint Joseph's College's actions against Plaintiffs, and other
Warrick
&--- similarly situated tenured faculty, who have been notified they are laid off,
Boyn, LLP prevent them from obtaining meaningful employment for the 2017-2018
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academic year and beyond, and they will not be fully compensated.
34. As a result, Saint Joseph's College has violated Ind. Code 22-5-
121 West Franklin Street 3-2.
Suite 400
Elkhart, Indiana 46516-3278
574/294-7491
Fax: 574/294-7284 msw\liti\scsjc-cmplaint\amhd\mj 6
 WHEREFORE, Plaintiffs request judgment in their favor in an amount
sufficient to compensate them for their damages, including reasonable costs,
expenses, pre and post-judgment interest and all other just and proper relief.

Count IV Tortious Interference with Business Relations

35. Plaintiffs restate paragraphs 1 through 34.
36. Saint Joseph's College's act of blacklisting tenured faculty
constitutes illegal conduct by Saint Joseph's College.
37. Saint Joseph's College knows that Plaintiffs, and other similarly
situated tenured faculty, are seeking comparable employment opportunities as a
result of Saint Joseph's College terminating them due to financial exigency.
38. Saint Joseph's College's actions are intentionally interfering with
Plaintiffs' ability, and the ability of other similarly situated tenured faculty to
obtain comparable employment.
39. As a result of Saint Joseph's College's actions, Plaintiffs have
suffered damage.

WHEREFORE, Plaintiffs request judgment in their favor in an amount

sufficient to compensate them for their damage, including reasonable costs,
expenses, pre and post-judgment interest and all other just and proper relief.

Jury Demand
Plaintiffs demand a trial by jury.

Dated: /I/61J c ci ( 17

Warrick
Boyn, LLP icks (23608-20)
ATTORNEYS AT LAW Warrick & Boyn, LLP
121 W. Franklin St., Suite 400
Elkhart, IN 46516
Telephone: (574) 294-7491
121 West Franklin Street Attorney for Plaintiffs
Suite 400
lkhart, Indiana 46516-3278
574/294-7491
Fax: 574/294-7284 msw\liti\scsjc-cmplaint\amhamj 7