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Sullivan suit in discovery phase

by Liz Posner

News | 11/3/09
Posted online at 1:25 AM EST on 11/3/09

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An age-discrimination case submitted by former Brandeis women's softball coach Mary Sullivan against the University is in the discovery phase, during which legal teams from both sides exchange despositions and documents, according to Sullivan's attorney Harold Litchen.

"During the discovery phase, parties exchange documents and information related to the subject matter of the claim-in this case the employment and termination of Ms. Sullivan," Steven Locke, from the Office of the General Counsel, wrote in an e-mail to the Justice.

The Massachusetts Commission Against Discrimination legal procedure, as published on its Web site, states that the discovery process will also include "interrogatories to parties, subpoenas requiring the production of documents, papers and other tangible things."

Sullivan, who was 54 years old when she lost her job in 2006, has accused the University of firing as a result of age discrimination. She was replaced by 30-year-old Jessica Johnson, who is now in her fourth season at Brandeis.

On Aug. 19, Sullivan and Litchen met with Locke and Jean Eddy, vice president of Students and Enrollment, for a conciliation conference at the commisioner's meeting. The two parties did not reach a settlement during the meeting and agreed to continue legal proceedings. The case will go to trial by the state commission, most likely in the spring of 2010, according to Lichten, but the exact date has not been determined.

"The University is confident in its position in this case," Executive Director of Media and Public Affairs Dennis Nealon told the Justice.

"The evidence will show that there has been no discrimination here at all whatsoever, and the decision in her case was based on merit alone," Nealon said.

"I was hoping that Brandeis would try to resolve the matter [during the conciliation conference]," Litchen told the Justice. "It is sort of interesting that Brandeis, which considers itself a liberal school and values social justice, has indicated that it wants to fight to the bitter end."

Lichtin could not be reached for further comment by press time.

"I am happy that [my case] is getting more attention," Sullivan said.
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Viewing Comments 1 - 3 of 3

Erin Powers

posted 11/08/09 @ 2:20 PM EST

I am glad to see that progress is being made in granting Coach Sullivan her fair due. The university and athletic department has acted appallingly throughout this whole process. (Continued…)

Betsy Lopata

posted 11/17/09 @ 6:15 PM EST

I am also glad to see that progress is finally being made in granting Coach Sullivan resolution on this matter -- it has been a long time.

The comments in the Justice article from Dennis Nealon lead me to believe that somehow, the case will boil down to statistics -- wins or losses. (Continued…)

Serena Madar

posted 11/20/09 @ 1:50 PM EST

As one of Coach Sullivan's former players, I am saddened by this whole situation. Coach Sullivan always had the utmost respect for her players and truly cared about their overall well-being. (Continued…)

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