Court of appeals overturns Price case at DePauw

GREENCASTLE, Ind. (DE- PAUW) - The Indiana Court of Appeals has ruled in favor of DePauw University and overturned a jury's verdict in favor of Janis Price, the DePauw employee who had claimed the university unjustly removed her from her part-time teaching position.

"This decision represents total vindication of DePauw," said John T. Neighbours, the attorney who defended the university. "This ruling affirms that all of her claims were without merit and that DePauw acted legally, properly and honorably."

In November 2003, a Clay County jury determined that DePauw did not follow proper procedure in the handling of Price's job change and awarded her $10,401. But the ruling by the Indiana Court of Appeals, issued Jan. 10, determined that the trial judge should have awarded summary judgment for DePauw and that there should not even have been a trial. As a result, the trial judge's denial of summary judgment is reversed and the damages and costs awarded to Mrs. Price are reversed as well.

Price was a part-time instructor at DePauw until July 2001, when her responsibility for teaching one class was not extended by the university. She remains an administrator in DePauw's education department.

Initially, Price sued the university claiming DePauw had cut her teaching duties because of her religious views. She maintains she was reassigned and incurred a $10,000 pay cut because she had distributed anti-homosexual magazines in her classroom. DePauw argued that its decision to change Price's duties was the result of both declining enrollments in the teacher education program and regular and special reviews of her performance.

In March 2003, Putnam Circuit Court Judge Diana LaViolette dismissed Price's claims that DePauw violated her freedom of speech, freedom of religion and academic freedom. The Clay County jury was asked only to decide whether DePauw violated its faculty handbook in the way it handled Price's reappointment, and ruled in her favor. The Jan. 10 decision from the Indiana Court of Appeals reverses that ruling and affirms DePauw's argument that it followed proper procedure in the handling of the matter.

The Court of Appeals also rejected Price's claim that her claim of religious harassment was inappropriately dismissed by the lower court.

"The Indiana Court of Appeals affirms what we have maintained from the beginning: that DePauw scrupulously followed its employment policies and practices every step of the way in this matter," said Ken Owen, director of media relations at DePauw.

Last updated on 25 Apr 2008

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