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WNIJ's summary of news items around our state.

NIU Plans To File 'Motion To Dismiss' In Controller Suit

NIU's Altgeld Hall
Northern Illinois University
NIU's Altgeld Hall

The Northern Illinois University Board of Trustees and President Doug Baker intend to file a Motion to Dismiss a case involving Keith Jackson, who was suspended from his job as university Controller. Additionally, court documents show the defendants want to change the venue from Chicago to Rockford.

A Parties' planning meeting was held Nov. 24 by telephone including Alejandro Caffarelli, representing Keith Jackson, and Helena Wright for the Board of Trustees and President Doug Baker.

According to court records filed Dec. 1, former NIU Chief Financial Officer Nancy Suttenfield was contacted to take part in the proceedings, but neither she nor her attorney responded.

According to court documents, a status hearing is scheduled at 9:30 a.m. Friday, Dec. 4.

Regarding a possible settlement, court records indicate "the parties do not believe that settlement discussions will be fruitful until after the Court has ruled on the Defendants' Motion to Dismiss."

Discovery Plan Timeline

  • All fact discovery to be completed six months after the Court rules on the Defendants' Motion to Dismiss
  • All expert discovery to be completed within 90 days after the close of fact discovery
  • Any dispositive motions to be filed 45 days after the close of all discovery
  • A trial by jury has not been requested. The parties believe the case could be ready for trial within 60 days of the Court's order on any dispositive motions.
  • The trial is expected to take one week

Background

Jackson's lawsuit, filed Oct. 2 in Northern District of Illinois Court, names NIU President Doug Baker, the Board of Trustees, and then-CFO Nancy Suttenfield as defendants.

Jackson, of Hinckley, claims he has been barred from campus by Baker and Suttenfield and placed on involuntary “administrative” leave pending his termination early next year.

In 2012, Jackson was charged during the so-called “Coffee Fund” scandal.

The Coffee Fund consisted of proceeds from scrap metal which should have been turned over to the State but instead were used to pay for office parties.

The DeKalb County State’s Attorney later dismissed the charges against Jackson in that case.

In the filing, Jackson says Baker asked him to sign off on a contract for Suttenfield to serve as interim Chief Financial Officer. Jackson reportedly refused to do so “on the basis that the contract required the approval of the Board of Trustees, and because processing the payments would have violated the Illinois procurement laws that required competitive bidding.”

According to the filing, as a result, Baker arranged for Suttenfield to be paid through the Northern Illinois University Foundation.

The lawsuit claims Suttenfield "immediately exhibited hostility toward Mr. Jackson," alluding to his refusal to sign off on her contract.

On May 13, 2014, Suttenfield allegedly told Jackson that if he did not sign a “Resolution Agreement” within three days the administration would “find” cause to terminate his employment. The agreement provided for two week’s pay, no future employment, and a “neutral” reference in exchange for Jackson’s immediate resignation.

He did not sign it, and filed a formal grievance with the university.

According to the lawsuit filing, Jackson also claims the defendants cut his access to e-mail and other forms of communication, and repeatedly made false, “unfounded, and highly damaging statements about purported unprofessional conduct” that he says has made it virtually impossible for him to find employment elsewhere.

The filing also says, “President Baker and the current University administration have engaged in a pattern and practice of placing University employees on immediate involuntary administrative  leave, cutting off their access to e-mail, barring them from campus, and wrongly threatening to fabricate bogus charges in order to pressure them to sign separation agreements whereby they waive their rights and 'voluntarily' resign, thus willfully and maliciously flouting the University’s own procedures regarding notice and other administrative requirements.”

The lawsuit lists several people who it claims were pressured into resigning.

Jackson is asking to be reinstated as Controller, along with punitive damages. His attorney, Alejandro Caffarelli, says they are withholding comment at this time and will let the complaint speak for itself.

Disclosure: Northern Public Radio is owned by, and licensed to, Northern Illinois University

Jenna Dooley has spent her professional career in public radio. She is a graduate of Northern Illinois University and the Public Affairs Reporting Program at the University of Illinois - Springfield. She returned to Northern Public Radio in DeKalb after several years hosting Morning Edition at WUIS-FM in Springfield. She is a former "Newsfinder of the Year" from the Illinois Associated Press and recipient of NIU's Donald R. Grubb Journalism Alumni Award. She is an active member of the Illinois News Broadcasters Association and an adjunct instructor at NIU.