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Last-ditch arguments made in lead-up to gender discrimination trial – Daily Montanan [1]

['Keila Szpaller', 'More From Author', '- November']

Date: 2023-11-21  

A gender discrimination case against the University of Montana and Montana University System heads to trial in late February, and lawyers are making last-ditch arguments about whether the case is a class-action lawsuit.

In August 2021, three former high-ranking UM officials and one current faculty member sued UM and the MUS alleging systemic discrimination against women contrary to federal civil rights law — allegations the Missoula flagship has said lack merit and are unsupported by the facts.

Since then, however, more women reached out to the plaintiffs’ lawyers and said they’d experienced discrimination as well; 14 women are named in the U.S. District of Montana Missoula Division lawsuit.

In court documents filed earlier this month, the defendants said those plaintiffs have their own unique complaints with the university, and they don’t have a common claim — despite 21 depositions and 87,000 pages filed during discovery.

UM and MUS also argue the plaintiffs have unfairly tried to widen the umbrella for potential victims much too far so it includes “all women who may have experienced any action that anyone may have interpreted as discriminatory.”

Last year, federal Judge Brian Morris issued an order denying the lawsuit was a class action — but allowing the plaintiffs to try again if more evidence surfaced.

In their recent filing, however, the defendants said the plaintiffs are offering only a “regurgitation” of that order. They argue the plaintiffs mention “policies and practices” in general, but they can’t name any specific ones connected to gender discrimination.

MUS and UM are represented by the Williams Law Firm in Missoula.

“Plaintiffs have impermissibly altered their theory of the case from the pleadings after two years of litigation to attempt certification through a novel and previously undisclosed theory,” the defendants said. “However, even the most strategic rebranding cannot save Plaintiffs’ request for class certification.”

The plaintiffs, though, said the case isn’t about one deficient policy. Instead, they said UM and the MUS aren’t even training employees on preventing discrimination, reporting it, or investigating it.

The former employees argue the common link in their experiences is the university’s failure to remedy discrimination and biases, which is prohibited by Title IX.

The plaintiffs are represented by Carls Law of Bozeman and Procter Law of Billings.

“The individual facts of plaintiffs’ experiences are the pieces of the puzzle that collectively evidence the toxic environment and culture pervading UM and MUS,” the plaintiffs said.

Allegations include that women were let go and replaced with less qualified men after they questioned leadership; were passed over for advancement in ways that favored men; and endured comments about their appearance and weight, including from UM President Seth Bodnar.

President Bodnar is not named in the lawsuit, and UM has countered that it has undertaken a culture shift to empower women under Bodnar.

The plaintiffs, however, allege UM and MUS “failed to recognize that ‘a plague was in their midst,’ and the medicine available to it was the proper policies and procedures to comply with Title IX. Each of the plaintiffs and putative class members suffered from the same injury — improper process.”

Last month, a federal judge found UM did not discriminate against Shannon Schweyen, former head coach of the Lady Griz, in a separate gender discrimination lawsuit. UM said the decision underscored that the university acts in compliance with its anti-discrimination policies.

In a more recent case, Montana State University in Bozeman is under investigation for discrimination allegations against LGBTQ+ students by the federal Office for Civil Rights of the U.S. Department of Education, which enforces Title IX at higher education institutions.

MSU has said it is complying with the investigation, prompted by more than 20 complaints and announced to President Waded Cruzado in an Oct. 5, 2023 letter. Cruzado has not made a public statement about the allegations; MSU said Tuesday the Office for Civil Rights has not provided additional information about the investigation.

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