Whistleblower lawsuit might move to federal court

The whistleblower lawsuit brought by former learning specialist Mary Willingham will be heard in a federal court if UNC has its way.

Experts say the move could mean the University will see a much quicker end to a lawsuit that has painted the nation's oldest public University as a place that retaliates against its employees for sticking up for academic propriety.

“There could be some strategy behind this move, given the sympathy, or lack thereof, that judges in the Eastern district may have towards these claims,” said Christopher Griffin, an assistant law professor at the College of William and Mary who studies employment discrimination law. 

“In these sorts of instances over the last five to ten years, many federal district judges have granted summary judgments to the defendants, meaning the case does not go to trial.”

Griffin said Willingham, who was the university’s learning specialist and assistant director for the Center for Academic Success and Student Counseling, will have a difficult time proving the University retaliated against her when she was demoted after coming forward with research that many UNC student athletes couldn't read above an eighth grade reading level. 

Willingham refused to comment for this story.

The Context

The motion to move the case comes amid accusations that Willingham plagiarized parts of her masters thesis. Her paper "Academics and Athletics — A Clash of Cultures" appeared to borrow entire sentences from other sources, according to anonymous commenters on an Inside Carolina message board.

Willingham has been subject to criticism from UNC fans ever since she publicized her research that showed 60 percent of the UNC football and basketball players she studied between 2004 and 2012 read between fourth and eight grade reading levels.

An outside panel determined Willingham’s research methods could not accurately gauge the reading level of student athletes. The review showed 6 percent — not 60 percent — of student athletes could only read at a fourth to eight grade level.

Provost Jim Dean said Willingham violated the confidentiality of student athletes who participated in the study. The Institutional Research Board revoked their approval of her data, making it a federal offense to continue to use the data without re-submitting an application for approval.

Willingham claims the university retaliated against her by demoting her, moving her office and inappropriately changing her duties. Willingham said the university created a hostile work environment and treated her unfairly after she publicized her research.

After resigning from her position at the end of the spring semester, Willingham filed a suit against the university in June. In her suit, Willingham asks for the university to reinstate her and pay over $10,000 in compensation. Willingham said she deserved greater protection under North Carolina’s Whistleblower Act, which protects state employees from retaliation by employers.

What this means

If the University's motion is granted, Willingham’s lawsuit would move from Wake County District Court to the U.S. District Court for the Eastern District of North Carolina. UNC filed the petition on July 30.

Willingham claims the university violated her First Amendment rights and the North Carolina Whistleblower Act. The First Amendment violation is an issue of federal law, and could move the case to federal court.

J. Heydt Philbeck, Willingham’s lawyer, said he expected the case to be moved to federal court.

“I think it should be addressed in federal court,” Philbeck said. “I would have filed it in federal court, except the 11th Amendment prohibits an individual from filing a federal case against the state unless the state consents.”

Philbeck said this case will be heard sometime in 2015 according to the federal court’s schedule.

"We continue to believe the facts will demonstrate that Ms. Willingham was treated fairly and appropriately while she was employed at Carolina," said Joel Curran, vice chancellor for communications and public affairs.