KSU wrongly fired employee for reporting sexual harassment of students, jury finds
A jury unanimously ruled in favor of a former Kentucky State University employee in a whistleblower lawsuit, saying he was protected by the state whistleblower law when he was fired by KSU in 2018.
The lawsuit was from a former university employee who said he was fired for bringing attention to sexual harassment claims against KSU administrators. In addition to the whistleblower lawsuit, the jury also ruled in favor of the former employee’s retaliation claim.
Xavier Dillard, a KSU alumnus, helped run the college’s Student Support Services until he was fired in 2018. Dillard was fired the same day he sent an email to both internal and external email accounts alleging instances of sexual harassment involving KSU students and administrators. His email also had concerns about improper use of funds from a federal grant.
“I’m just pretty glad that I was able to bring the situation to light, now that everyone noticed what was really going on during that time,” Dillard said after the verdict on Thursday. “I’m just glad that the jury has seen what was really going on, and was able to help students.”
Dillard said he still wants the best for KSU, and hopes the university is able to improve going forward.
“I think Xavier feels very satisfied,” Dillard’s lawyer, Michael Augustus, said after the verdict. “It was a vindication of everything he had said, and obviously, I feel it was a very fair decision. It was, in my mind, very clear cut that Kentucky State did violate the whistleblower law, and I think the jury’s verdict substantiates that.”
Dillard will receive approximately $161,500 in lost wages and $200,000 for emotional distress and damages.
Lawyers for Kentucky State University said Dillard was fired for breaking the university’s confidentiality agreement, which includes protecting student information. Dillard’s email, which was sent to KSU employees, as well as multiple news organizations and government officials, listed students by name and therefore broke the agreement, lawyers said.
KSU’s lawyers declined to comment after the conclusion of the trial.
Dillard’s career at KSU
Dillard began volunteering with KSU’s Student Support Services and was hired to work in the office in Oct. 2016. Dillard’s role was to assist first-generation students, low-income students and students with disabilities. He also served as a mentor to students and worked with the women’s basketball team, he said.
While working in the office, a student told Dillard they were sexually harassed by Justin Mathis, KSU’s former director of admissions, while on a school-sponsored trip. Mathis canceled the student’s hotel room while on the trip, saying it was to save money, and had the student stay in his hotel room. He also came out of the shower naked while the student was in the room, and sent the student sexual messages, the student said during the trial via a video deposition.
Mathis resigned from the university in 2018 after an internal investigation into the student’s claims was opened. Dillard said he began to worry for the student’s mental health. He also had concerns after hearing that the student was being bullied on campus, Dillard said during the trial.
Dillard reported the harassment to a former member of the board of regents, Elgie McFayden, but “nothing got fixed,” he said. Testifying during the trial, McFayden said he did not remember meeting with Dillard and the student. When Dillard’s lawyers played an audio recording of a meeting between the three, McFayden said he couldn’t confirm if it was his voice in the recording.
Dillard said he was retaliated against by the university after making the reports, including his office being relocated to a less desirable location on campus.
Dillard’s 2018 email
Shortly after midnight on Oct. 22, 2018, Dillard sent the email outlining the allegations against Mathis and concerns about limited resources in the Student Support Services office. The office is funded through a TRIO grant, and the university must stay in compliance with certain requirements as part of the grant.
Dillard, in his email and during the trial, said KSU was out of compliance, and not providing the resources for students required under the grant.
Later on Oct. 22, he was fired by KSU.
Dillard, during the trial, said he does not regret advocating for students and bringing attention to his concerns about the grant compliance.
“I would absolutely advocate for him again,” Dillard said. “I would put my job on the line. I would put my life on the line for those students just so they can see they have the potential to become the future president, the future lawyers and the future citizens that make Frankfort, or their states and cities a better place.”
Lawyers for KSU said Dillard did not have permission from supervisors to share the names of the students, and violated the university’s confidentiality agreement by sharing their names with those outside of the university.
Dillard said KSU did not ask him if he had permission to share the names of students during the meeting in which he was fired, and he did not offer the information because, “I was no longer an employee.” He had verbal permission from the student before sending the email, he said, and obtained written consent after he was fired.
Candace Raglin, human resources director at KSU, said poor job performance did not factor into Dillard’s termination. Raglin did not know who made the recommendation to fire Dillard, but said the reason was solely because he disclosed student information to sources outside of the university.
When asked by Dillard’s lawyer if job performance for a series of absences the month before he was fired contributed to Dillard’s termination, Raglin said those two things were not a factor.
Joseph Goodman, Dillard’s former supervisor in Student Support Services until March 2018, said Dillard was an ideal employee. Goodman never had to discipline or cite Dillard during his time at KSU, he said.
“He was an all-around great employee,” Goodman said. “He loved the university and he loved his job.”