Lawsuit by former music professors will continue

A lawsuit two former Augustana University music professors brought against AU will move forward in court.

Initially, AU had moved in September to dismiss the suit, but U.S. District Judge Karen E. Schreier filed an order on Dec. 22 granting in part and denying in part Augustana University’s motion to dismiss the lawsuit brought by Lisa Grevlos and Paul Nesheim in May.

The complaint alleged a breach of contract, retaliation and both age- and sex-based discrimination made by AU administration.

Schreier also granted leave for Grevlos and Nesheim to amend their complaint, denied AU’s motion for a more definitive statement, and granted AU’s motion to strike or dismiss certain alleged damages.

The court denied AU’s motion to dismiss both Grevlos’ and Nesheim’s retaliation claims, and denied AU’s motion to dismiss their breach of contract claims.

Schreier also wrote that Grevlos’ sex discrimination claims with respect to her alleged removal as department chair, director of vocal studies, director of the AU summer music camp and reduced salary survive, but her sex discrimination claims with respect to her alleged removal as the conductor of the Angelus Choir, director of the opera theatre and termination fail.

Schreier also wrote that Grevlos’ age discrimination claim with respect to AU’s decision to remove her from her role as the director of the AU summer music camp survives, but none of her other age discrimination claims survive.

The court dismissed Nesheim’s age discrimination claims regarding AU’s decision to remove him as director of choral activities, to suspend him and to terminate him, but didn’t dismiss his age discrimination claims regarding AU’s decision to remove him as the Vespers director and AU choir conductor.

The court also granted AU’s motion to strike a request for damages.

Grevlos, Nesheim and AU must meet by Jan. 25 to discuss the nature and basis of their claims and defenses.

Fourteen days after that, counsel will jointly prepare and file with the clerk of court a written report outlining the plan, according to an order for discovery report filed by Schreier on Dec. 26.