ILNews

Purdue loses appeal bid to shield discrimination, harassment report

Back to TopCommentsE-mailPrintBookmark and Share

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.
 

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Oh yes, lifetime tenure. The Founders gave that to the federal judges .... at that time no federal district courts existed .... so we are talking the Supreme Court justices only in context ....so that they could rule against traditional marriage and for the other pet projects of the sixties generation. Right. Hmmmm, but I must admit, there is something from that time frame that seems to recommend itself in this context ..... on yes, from a document the Founders penned in 1776: " He has refused his Assent to Laws, the most wholesome and necessary for the public good."

  2. Payday loans take advantage of people in many ways. It's great to hear that the courts are using some of their sins to pay money back to the community. Hopefully this will help change the culture of many loan companies, and make lending a much safer endeavor for those in need. http://lawsuitlendingnow.com/lawsuit-loans-post-settlement.html

  3. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  4. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  5. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

ADVERTISEMENT