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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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