IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

Dr. Kevin A. Schulte, Ph.D., :

:
Plaintiff, : Case No. 3:18-cv-00135-TMR

v. : Judge Thomas M. Rose

:
Wittenberg University, et al. :
:
Defendants.
:
:

______________________________________________________________________________

ANSWER OF DEFENDANTS WITH JURY DEMAND ENDORSED HEREON

______________________________________________________________________________

Now come the named Defendants, Wittenberg University, Dr. Michael Frandsen, Dr.

Mary Jo Zembar, and Dr. Wendy Gradwohl (hereinafter collectively referred to as

Plaintiff Dr.

Kevin A. Schulte, hereby admit, deny, and aver as follows:

ANSWER AND FIRST AFFIRMATIVE DEFENSE

1. Defendants are without knowledge or information sufficient to form a belief as to the

therefore, deny

them.

2.

Wittenberg University is the commonly-known name of a private liberal arts

institution located in Springfield, Ohio. Defendants deny the remaining allegations in

Paragraph

1
3.

that Dr. Michael Frandsen is President of Wittenberg University and an individual

residing in the State of Ohio. Defendants deny the remaining allegations in Paragraph

4.

that Dr. Mary Jo Zembar is Interim Provost of Wittenberg University and an

individual residing in the State of Ohio. Defendants deny the remaining allegations in

5.

and an individual residing in the State of Ohio. Defendants deny the remaining

allegations in Paragraph 5 of

6.

that this Court may exercise jurisdiction over

Defendants deny the remaining allegations in Paragraph 6 of

7. s admit

that venue is proper in this Court but deny that any conduct occurred on the part of

the named Defendants that substantiates

8. Defendants are without knowledge or information sufficient to form a belief as to the

therefore, deny

them.

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9. Defendants are without knowledge or information sufficient to form a belief as to the

therefore, deny

them.

10. Defendants are without knowledge or information sufficient to form a belief as to the

therefore, deny

them.

11. Defendants are without knowledge or information sufficient to form a belief as to the

plaint and, therefore, deny

them.

12. Defendants are without knowledge or information sufficient to form a belief as to the

therefore, deny

them.

13. Regarding the allegations in Paragraph 13 o

that Plaintiff was one of two final candidates for the position Assistant Professor of

Practice, Business, that the posting stated that the minimum qualification for the

position was a graduate degree in business or a related field and at least 5 years of

relevant experience, and that the posting stated strong preference would be given to

applicants with a demonstrated aptitude for teaching undergraduate students and

substantial business experience in business analytics, entrepreneurship, and/or

Complaint.

14.

that Plaintiff and Kevin Steidel were the two final candidates for the assistant

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 professor position. Defendants are without knowledge or information sufficient to

form a belief as to the truth of the remaining

Complaint and, therefore, deny them.

15.

16. Defendants are without knowledge or information sufficient to form a belief as to the

therefore, deny them. Further answering,

Defendants admit that Mr. Steidel possesses a Master of Arts Degree in Management.

17. Defendants are without knowledge or information sufficient to form a belief as to the

therefore, deny

them.

18. Defendants admit

that at the time the decision was made to hire Mr. Steidel, Mr. Steidel had taught for

at Wittenberg University two academic years. Defendants are without knowledge or

information sufficient to form a belief as to the truth of the remaining allegations in

and, therefore, deny them.

19.

that, at the time the decision was made to hire Mr. Steidel, Mr. Steidel had taught

graduate courses in analytics and undergraduate courses in business analytics,

business research methods, digital marketing, and entrepreneurship, all at Wittenberg

University. Defendants are without knowledge or information sufficient to form a

Complaint and, therefore, deny them.

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20. Defendants are without knowledge or information sufficient to form a belief as to the

therefore, deny

them.

21. Defendants are without knowledge or information sufficient to form a belief as to the

nt and, therefore, deny

them.

22. Defendants are without knowledge or information sufficient to form a belief as to the

therefore, deny

them.

23. Regarding the allegations in Paragraph 23 of Pl , Defendants admit

position on July 17, 2017.

24.

25. Defendants deny the allegations in Paragraph 25 .

26.

27.

that Plaintiff filed a Charge of Discrimination on or about January 11, 2018.

28. Regarding the allegations in Paragraph 28 of Plaintiff

that the EEOC issued a Dismissal and Notice of Rights letter on March 15, 2018.

29. Defendants admit, aver, and deny the allegations incorporated by reference and

restated through Paragraph 29 .

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30. Defendants deny the allegations in Paragraph 30, 31, 32, 33, and

Complaint.

31. Defendants admit, aver, and deny the allegations incorporated by reference and

restated through Paragraph 35 .

32. Defendants deny the allegations in Paragraph 36, 37, 38, 39, and

Complaint.

33. Defendants deny each and every allegation in Plaintiff's Complaint not specifically

admitted herein.

SECOND AFFIRMATIVE DEFENSE

34. Defendants acted lawfully, reasonably, and in good faith at all times. Defendants

acted with reasonable grounds to believe that their actions did not violate the laws or

statutes cited in the Complaint. Defendants did not act with willfulness or intent to

violate those laws, statutes, or common law as to any claim by Plaintiff.

THIRD AFFIRMATIVE DEFENSE

35. any Defendant upon which relief

can be granted.

FOURTH AFFIRMATIVE DEFENSE

36. Any and all decisions regarding Plaintiff were made for legitimate, non-

discriminatory reasons and reasonable factors other than age.

FIFTH AFFIRMATIVE DEFENSE

37.

remedies doctrine, and this Court la .

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 SIXTH AFFIRMATIVE DEFENSE

38. Plaintiff's claims are barred by the doctrines of waiver, duress, laches, and/or

estoppel.

SEVENTH AFFIRMATIVE DEFENSE

39. Plaintiff's actions, including his unclean hands, bar Plaintiff's claims and recovery of

any alleged damages.

EIGHTH AFFIRMATIVE DEFENSE

40.

mitigate his alleged damages, if any, or, alternatively, any damages or other relief

awarded to Plaintiff must be reduced or limited to the extent of such failure to

mitigate.

NINTH AFFIRMATIVE DEFENSE

41. Defendant alleged acts and/or omissions are not the proximate cause of any injury

or damage Plaintiff claims.

TENTH AFFIRMATIVE DEFENSE

42. Plaintiff has failed to join a necessary or indispensable party.

ELEVENTH AFFIRMATIVE DEFENSE

43.

TWELFTH AFFIRMATIVE DEFENSE

44. Defendants have not waived any affirmative defense available to them and reserve the

right to add additional defenses that may be identified through the course of this

litigation.

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 WHEREFORE, having fully answered the Complaint, Defendants request

Complaint be dismissed with prejudice in its entirety, that judgment be entered in Defendant

favor, that Defendants be awarded their

grant Defendants such further relief it deems just and proper.

Respectfully submitted,

/s/ Beverly A. Meyer

Beverly A. Meyer, Trial Counsel (0063807)
Federico G. Barrera III, Co-Counsel (0090739)
BRICKER & ECKLER LLP
312 N. Patterson Blvd., Suite 200
Dayton, Ohio 45402
Telephone: 937.224.5300
Facsimile: 937.224.5301
E-mail: bmeyer@bricker.com
fbarrera@bricker.com

Attorneys for all Defendants

JURY DEMAND

Defendants hereby demand trial by jury on all issues which may be properly submitted to one.

/s/ Beverly A. Meyer__________________________

Beverly A. Meyer (0063807)
Federico G. Barrera III (0090739)
BRICKER & ECKLER LLP

CERTIFICATE OF SERVICE

This certifies that a true and accurate copy of Defendant Answer with Jury Demand was
filed and served upon Tod J. Thompson, Esq., Attorney for Plaintiff,
filing system this 22nd day of June, 2018.

/s/ Beverly A. Meyer____________________________

Beverly A. Meyer (0063807)
BRICKER & ECKLER LLP