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Hearing updates status of former vice president's lawsuit against UI
Clark Cahill
Mar. 8, 2011 1:37 pm
Nothing was resolved, but much was discussed when attorneys met at the Johnson County Sixth Judicial District for a status hearing on the wrongful termination lawsuit between Phillip Jones and the University of Iowa and Sally Mason.
The main issues discussed were whether certain communication between the Board of Regents and Stolar Partnership LLP will be submitted for review, whether a motion to include racial discrimination in the lawsuit will be allowed and if attorneys representing Jones can depose a witness the defense believes to be irrelevant to the case.
There have been several documented communications between the Regents and Stolar Partnership submitted to the court, but attorneys for Jones still want more. Stolar Partnership was hired by the UI to investigate its handling of a sexual assault case involving students. The investigation contributed to the firing of Jones. Jones' attorneys believe communication still being withheld will provide pertinent information and facts to the case.
Attorneys representing the UI and Sally Mason believe any communication that has not yet been presented to the court is protected by attorney-client privilege. Defense attorney Gregory Lederer agreed to go through all communication again and submit any disputable communication to Sixth Judicial District Judge Fae Hoover-Grinde for review.
The other significant argument was whether attorneys for Jones can dipose Saundra Schuster. Schuster was hired by the UI to review its policies on handling sexual misconduct among students. She was hired after Jones was terminated and did not have anything to do with Jones' employment status.
Jones' attorneys believe Schuster may have applicable information and opinion regarding UI policies and consider her knowledge to be important to the case despite her having no involvement with Jones' firing.
Defense attorney Jeffery Peterzalek said Schuster is nothing more than a potential expert witness and would not be required to be a witness in the case as she has no official involvement with Jones' firing. He added the UI policies have been revamped since Jones' firing and the revamped policies are the ones Schuster reviewed. Another issue is Schuster is a resident of Ohio, making the deposition process slightly more difficult.
But attorney for the plaintiff Cheryl Weber said she believes Schuster to be familiar with both the revamped policies and the former. Despite inevitable refusal from the defense, plaintiffs will still submit a request for deposition for Schuster.
Jones contends that he was wrongfully fired and the UI did not follow due process. He also alleges that UI President Sally Mason made false and defamatory statements about him.
Named in the suit are the state Board of Regents, the UI and Mason, who fired Jones and another administrator, Marc Mills, in September 2008 after a sexual assault scandal involving student athletes.
The trial is currently set to begin Nov. 1.
This photo, supplied by the University of Iowa, shows Phillip E. Jones, former University of Iowa vice president of student services, who was fired in September 2008. (AP Photo/University of Iowa)

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