After a lawsuit from a former OU professor, the university waits to hear from a district judge as to whether its legal response will be kept.
After a lawsuit from a former Patton College of Education employee, Ohio University is waiting on a decision from a U.S. District Judge before its defense is considered.
The lawsuit was brought before the Ohio Court of Claims and federal court Dec. 18 by Timothy Scott McKeny, who claimed he was denied tenure due to his sexual orientation and religious beliefs.
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The university had 60 days to respond to the lawsuit, but responded a day late, filing its response on Feb. 18 instead of Feb. 17, leading McKeny’s counsel to call the court to strike the response from court records on March 2.
McKeny’s counsel contested the response “for failure to be timely filed and for failure to seek leave to file.”
The motion was brought to Judge James L. Graham of the Southern District Court of Ohio for a “report and recommendation” Monday, according to court documents.
If the defense’s response is stricken from the record, McKeny’s counsel is calling for an automatic decision in favor of McKeny.
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OU’s counsel responded by saying the motion was “frivolous” and calling for the motion to be denied.
McKeny had worked at OU since 2006 and was denied tenure in 2012 by the school’s dean Renee Middleton, according to previous Post reports.
The decision was supported by OU Provost Pam Benoit and OU President Roderick McDavis.
McKeny, who is homosexual and agnostic, said before and after he was denied tenure, heterosexual candidates who were equally or less qualified were promoted, according to previous Post reports.
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He also claimed Middleton’s decision not to grant him tenure was due in part to her religious beliefs. Middleton is a member of the Seventh Day Adventist.
McKeny is seeking more than $300,000 for damages and a tenured position at the university.
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