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Purdue loses appeal bid to shield discrimination, harassment report

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An appellate panel had harsh words for Purdue University’s conduct in shielding a report investigating a former chancellor’s complaint of gender discrimination and harassment against former university president France Cordova.

The Indiana Court of Appeals on Monday affirmed a Tippecanoe Circuit ruling that Purdue could not argue attorney-client privilege or site the work-product doctrine to block the release of an independent investigator’s report to former Indiana University-Purdue University-Fort Wayne chancellor Michael Wartell.

“Purdue frets that recognizing equitable estoppel as an exception to the attorney-client privilege and the work-product doctrine ‘would have a chilling effect on the very principles on which [they] were founded,’” Judge Terry Crone wrote for the panel in a footnote. “On the contrary, one would hope that it would have a chilling effect on the tactics used by Purdue in this case.”

Wartell filed a formal complaint in 2011 alleging harassment and discrimination against Cordova, claiming among other things that Cordova pointed to a picture of Wartell during a meeting and said, “I am going to replace this one with a woman.” After he reached mandatory retirement age of 65, Wartell was replaced by current chancellor Vicky Carwein.

When Wartell filed his complaint, a process was agreed to by all parties in which an independent investigator would be hired. Indianapolis attorney John Trimble accepted the matter, but Purdue refused to allow Wartell to inspect the report produced after the investigation.

Wartell then sued Purdue, prevailing at the trial court and prompting the instant case, Purdue University v. Michael A. Wartell, 79A02-1304-PL-342.

“Trimble conducted the investigation by interviewing individuals, drafting a report, and submitting it to the Panel (of Purdue Trustees) without disclosing an advocate role,” Crone wrote. “In other words, Trimble conducted the investigation as an independent investigator,” so no attorney-client privilege exists and the work-product doctrine may not prevent disclosure.

But the court ruled that even if Trimble was acting as Purdue’s legal counsel, “Purdue represented to Wartell that it would appoint Trimble as an independent investigator, but then concealed from Wartell that it intended to retain Trimble as its legal counsel; thus, Wartell never had an opportunity to object.

“Based on these facts and circumstances, we cannot say that the trial court abused its discretion in ruling that Purdue should be equitably estopped from invoking the attorney-client privilege and the work-product doctrine as to Wartell,” the court concluded.
 

 

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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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