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Aguillard v. Louisiana College

United States District Court, W.D. Louisiana, Alexandria Division

June 13, 2019

JOE W. AGUILLARD
v.
LOUISIANA COLLEGE

          MARK L. HORNSBY, MAG. JUDGE

          RULING

          TERRY A. DOUGHTY, UNITED STATES DISTRICT JUDGE

         Plaintiff Joe W. Aguillard (“Aguillard”) sued his former employer, Louisiana College (“LC”), alleging, in part, that LC “failed to report numerous events or occurrences which were required to have been reported by it pursuant to the Clery Act, 20 U.S.C. § 1092 (f)(1)(F)(I), and then retaliated against plaintiff for filing ‘whistleblower' complaints with respect thereto.” [Doc. No. 58, ¶ 31B). Pending here is LC's Motion for Partial Summary Judgment [Doc. No. 72] seeking dismissal of Aguillard's claims arising under the Clery Act, including his Clery Act retaliation claim. Aguillard has filed an opposition [Doc. No. 82');">82]. LC has filed a reply [Doc. No. 83');">83].

         For the following reasons, the Motion for Partial Summary Judgment is GRANTED.

         I. FACTS

         Aguillard served as President of LC from January of 2005 to July of 2014. Thereafter he served as “President Emeritus” of LC and as a fully tenured member of the faculty. [Doc. No. 1, ¶¶ 1-5]. LC employed an acting president to follow Aguillard for one year, and LC then hired Dr. Richard Brewer (“Brewer”) as president. Brewer has held the job since April 2015.

         LC terminated Aguillard's employment effective March 31, 2016. Following his termination, Aguillard filed a charge of discrimination with the EEOC and the Louisiana Commission on Human Rights, alleging that LC had discriminated against him because of disability, religion, and in retaliation for opposing illegal practices in violation of the American With Disabilities Act, as amended, 42 U.S.C. §§ 12101-12213 (“ADA”), and Title VII. He filed a second charge of retaliation/discrimination with the EEOC and set forth more fully his religious beliefs conflict with Brewer.[1] The EEOC issued a “Right to Sue” letter on both charges. [Id. at¶¶ 31-33].

         Aguillard's original Complaint invoked federal laws that prohibit discrimination on the grounds of religion, age, and disability. Aguillard also alleged that LC retaliated against him for complaining about and opposing unlawful discrimination.[2]

         On November 13, 2018, Aguillard filed a motion for leave to file his First Amended Complaint [Doc. No. 32]. LC opposed the motion for leave [Doc. No. 34]. On February 14, 2019, Magistrate Judge Hornsby issued a Report and Recommendation which recommended that Aguillard's motion for leave be granted [Doc. No. 54]. On March 1, 2019, this Court adopted the Report and Recommendation [Doc. No. 57], and the First Amended Complaint was filed [Doc. No. 58].

         Pertinent here is Paragraph 31B of the First Amended Complaint, which alleges:

“31B
Louisiana College failed to report numerous events or occurrences which were required to have been reported by it pursuant to the Clery Act, 20 U.S.C.A. §1092(f)(1)(F)(1), and then retaliated against Plaintiff for filing “whistleblower” complaints with respect thereto in violation of 79 FR 62783');">83(m) [Oct. 20, 2014].”

[Doc. No. 58, ¶ 31B].

         LC argues in its Motion for Partial Summary Judgment that Aguillard's claims arising under the Clery Act, including his Clery Act retaliation claim, as set forth in Paragraph 31B should be dismissed with ...


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