An Albany County judge decided a high-profile retaliation lawsuit against the University of Wyoming can proceed.
Cameron Wright had served as UW's engineering dean for six years. But he was abruptly removed last spring. In June, Wright launched a lawsuit alleging retaliation and seeking his reinstatement.
The university had sought an immediate dismissal of the suit, alleging that its former dean failed to exhaust all internal administrative remedies before bringing litigation.
In Albany County District Court Tuesday, Judge Misha Westby said there wasn't enough clarity about those administrative remedies to justify tossing the case immediately, so she ruled the lawsuit can proceed.
Wright's lawyer, Mary Galvan, said the former dean plans to show how he did make use of the available remedies.
"This is worthy of a trial," Galvan said.
In the lawsuit, Wright alleges he was punished for blocking a proposed $500,000 transfer from his college to the School of Computing. At that time, the computing school was helmed by the spouse of UW President Ed Seidel. Internal memos highlighted in the press show Wright viewed the transfer as being contrary to the will of the state Legislature, which had provided the money and earmarked it for Tier 1 engineering education and research.
UW has backed off of the transfer, but maintains that it would have served those engineering goals by supporting programs at the intersection of computing and engineering.
UW removed Wright in April, sparking an uproar on campus among faculty and donors, who pointed to Wright's and others' removals as evidence of a culture of secrecy among UW administration.
UW leaders said at the time Wright's removal was related to his performance as dean, and was not retaliation. Wright's lawsuit, meanwhile, alleges university leaders spread false information about him in the lead up to his ouster.
The week before Wright was removed, UW trustees grilled him in a public session about his progress, or lack thereof, toward the same engineering goals supported by Tier 1 funding.
In August, the university asked the court to dismiss the case, alleging the former dean didn't challenge his removal through the proper channels.
"You must exhaust all available administrative remedies," Kay Lynn Bestol, an attorney representing UW, said in the courtroom Tuesday. "The remedies are there. They're available."
Judge Westby said UW's argument might ultimately carry the day, but noted there was not yet sufficient evidence to make that determination. More university policies, for example, would have to be submitted as exhibits, and the plaintiff would have to be given the chance to explain his own attempts to follow those policies.
"The court may be able to make that determination on summary judgment with more information," Westby said. "But I am unable to make that determination with the standard of review on a motion to dismiss, as well as the documents I think I can properly take notice of."
UW has paused its search for the next College of Engineering dean while the lawsuit plays out. The School of Computing has moved out of the College of Engineering and is no longer run by President Seidel's partner. Seidel himself has announced he will not seek another term as university president, and will leave the post next summer at the end of his current three-year contract. A search is underway for his replacement.
