Lawsuit dismissed against UK board

Posted: 12:00am on Aug 22, 2009; Modified: 6:50am on Aug 22, 2009

A sexual-harassment lawsuit filed by a former custodian against the University of Kentucky Board of Trustees was dismissed Friday.

Mary Cowan, who was a custodian in the engineering building, filed the lawsuit last year in which she sought punitive damages for "lost wages, pain and emotional distress," according to the document.

The suit states that former co-worker Billy Haynes, a refrigeration division supervisor, sexually harassed her and other employees. The lawsuit said the harassment created a hostile work environment and reduction of Cowan's work assignments.

The board filed a motion for a summary judgment July 24. The motion stated that the trustees are not liable for any harassment Cowan suffered because university officials acted appropriately when supervisors became aware of Cowan's allegations. The board's attorney, Barbara Kriz, said the board and Pat Blair, a UK supervisor also named in the suit, are not liable because they did not employ Cowan.

Fayette Circuit Judge Kimberly Bunnell agreed with the board during a hearing Friday.

Cowan's attorney, Denise Brown of Louisville, had filed a motion to withdraw from the case.

Kriz said she was not aware of the motion to withdraw.

Neither Brown nor Cowan was present during Friday's proceedings.

Cowan said she had not found another attorney to represent her at Friday's hearing. She said she plans to continue to pursue a lawsuit against her former supervisors with Antoinette Bernard, another former employee who said she was sexually harassed.

"Today was not my day," Cowan said. "But my day is coming."

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