E-FILED 2017 APR 14 2:58 PM POLK - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR POLK COUNTY

SHEILA KOPPIN,
CASE NO. __________

Plaintiff,
vs.
BOARD OF REGENTS OF THE STATE OF
IOWA AND ROBERT DONLEY.

PETITION AT LAW

Defendants.
Plaintiff Sheila Koppin, in support of her Petition against Defendants State of Iowa Board
of Regents (the “Board”) and Robert Donley, states:
INTRODUCTION
1.

This action is brought by Koppin against Defendants Iowa Board of Regents and

Robert Donley for unlawfully terminating Koppin’s employment and for paying her unequal
wages in violation of the Iowa Civil Rights Act, Iowa Code Ch. 216.
PROCEDURAL REQUIREMENTS
2.

On April 14, 2016, within 300 days of her termination, Koppin filed a complaint

with the Iowa Civil Rights Commission, alleging the Iowa Board of Regents discriminated against
her on the basis of her sex and her age, and by paying her unequal wages.
3.

Koppin received an Administrative Release and Right-to-Sue from the Iowa Civil

Rights Commission on January 27, 2017.
4.

Koppin filed this lawsuit within 90 days of receiving the Administrative Release

and Right-to-Sue from the Iowa Civil Rights Commission.

 E-FILED 2017 APR 14 2:58 PM POLK - CLERK OF DISTRICT COURT

PARTIES
5.

Koppin is a resident of West Des Moines, Dallas County, Iowa.

6.

The Board (established under Iowa Code Chapter 262) is a group of nine citizens

of Iowa who govern five public institutions in the state through policymaking, coordination, and
oversight, as provided by law.
7.

The Board’s principal place of business is in Urbandale, Polk County, Iowa.

8.

Donley is, and was at all times material to the acts described herein, Executive

Director of the Board and was Koppin’s direct supervisor.
JURISDICTION AND VENUE
9.

This Court has jurisdiction over this matter as the value exceeds the small claims

jurisdictional amount.
10.

Venue is appropriate in this Court because Defendants reside in Polk County and

the discriminatory acts complained of herein took place, in whole or in part, in Polk County.
FACTUAL BACKGROUND
11.

Koppin incorporates paragraphs 1 through 11 above as though fully alleged

12.

The Board hired Koppin on February 5, 1986.

13.

As Communications Director, Koppin’s duties included preparing communications

herein.

(press statements, remarks, speeches and editorials) for the Board; coordinating and responding to
media inquiries; working closely with media and serving as Board spokesperson; preparing and
distributing press releases; coordinating and directing Board press conferences; coordinating
Board members' public appearances and participating in media training; managing the Board's
social media sites; coordinating and recommending website communications; consulting and

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coordinating with institutions on communications efforts and media issues; and serving as Board
Transparency Officer.
14.

Throughout her employment, Koppin primarily received favorable performance

evaluations and she never received any form of written discipline.
15.

In January 2015, in a meeting attended by Donley, Tom Evans (General Counsel

and Human Resources Director at that time), and Koppin, Donley told Koppin that he was
reorganizing the twenty- three-person Board office, including creating a new position “Senior
Communications Director.”
16.

Donley assured Koppin that she was not losing her job as part of the reorganization,

and he assured her that the changes he was proposing were not related to her work performance.
17.

During the January 2015 meeting, Donley gave Koppin a letter that included the

sentence: “After the [Senior Communications Director] position is filed, the need for two
communication positions in the Board Office will be evaluated.”
18.

Donley stated that the Senior Communications Director position would require at

least a master’s degree, and he otherwise led Koppin to believe that she would not be seriously
considered for the new position if she applied for it.
19.

Multiple times during the initial months of 2015, Koppin asked Donley for more

information regarding the future of her position given the somewhat conflicting information she
received when Donley told her about the newly created position, called Senior Communication
Director, when they met in January 2015.
20.

When Koppin asked about the status of her employment, Donley dodged Koppin’s

inquiries and refused to clarify her employment status.
21.

On March 11, 2015, Koppin began taking medical leave.

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22.

Before Koppin took medical leave, the Board Office prepared a proposal for Board

consideration of an Early Retirement Incentive Program (“ERIP”), which was to be implemented
as part of the ongoing reorganization efforts.
23.

The ERIP was offered to Koppin on March 11, 2015. Koppin and others eligible

for the benefit described in the ERIP were given forty-five days to decide whether or not to elect
early retirement.
24.

Under the ERIP, Koppin was entitled to continued health care benefits and

additional retirement contributions if she elected to retire early.
25.

After she returned to work in April 2015, Koppin ask to meet with Donley to

discuss the status of her position. She asked to meet with Donley so she could properly evaluate
whether she should elect early retirement under the ERIP.
26.

When Koppin met with Donley in April 2015, Donley continued to dodge her

questions regarding the status of her position.
27.

Donley dodged Koppin’s inquires even though Koppin specifically told Donley that

she needed to know what her employment status was to decide if she would elect early retirement
under the Board’s ERIP.
28.

After she returned to work in April 2015, Koppin also spoke with Evans about

whether she should take the ERIP.
29.

Evans told Koppin that Donley recommend Evans take the ERIP.

30.

Evans also told Koppin that even if she did not take the ERIP, she was allowed a

ninety-day notice under the Iowa State University reorganization policy if her position was
eliminated as part of a reorganization.

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31.

Donley notified Evans that his services were no longer needed on June 5, 2015.

Evans remained on the University of Iowa payroll for ninety days after Donley told Evans he was
fired.
32.

The Board hired Josh Lehman as its Senior Communications Director, and Lehman

started work on June 15, 2015, at an annual salary of $100,000. Koppin’s annual salary at that
time was $76,000.
33.

All of job duties for the Senior Communications Director Koppin previously

performed for substantially lower pay.
34.

Koppin and Lehman worked in the same location and Donley supervised each of

35.

During the two weeks they worked together, Koppin taught Lehman how to do

them.

many of what were to become her former job duties.
36.

Koppin attended a meeting with Donley June 26, 2015. She was lead to believe the

purpose of the meeting was to discuss her annual performance review.
37.

When the meeting began, Donley handed Koppin a letter and asked Koppin to read

it. The letter told Koppin that her position was being eliminated effective June 30, 2015—four
days later.
38.

Koppin asked Donley why she was not given the same ninety-day notice of the

elimination of her position that Evans received.
39.

Donley responded by that the elimination of Koppin’s position was not a

“reorganization,” and that the notice period that applied to Evans did not apply to her.

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40.

When he was interviewing applicants for the Senior Communication Director

position, Donley told at least one applicant that he intended to keep Koppin in her position for only
two weeks after the Senior Communication’s position was filled.
41.

Donley never told Koppin that she would only remain in the job two weeks after a

Senior Communications Director was hired despite Koppin’s many job status inquiries.
42.

The Board has created at least three new positions since Koppin’s discharge, all of

which the Board has filled with men.
43.

One of the positions the Board created, Electronic Media Assistant, included job

duties Koppin previously performed.
44.

Koppin was not offered the Electronic Media Assistant position as an alternative to

being fired even though Koppin was clearly qualified for the position, and even though she had
created and successfully managed all the social platforms the Electronic Media Assistant was
slated to oversee.
45.

By the time the dust settled, it took two male employees to do the same

communication’s work Koppin satisfactorily performed for over ten years.
CAUSES OF ACTION
COUNT I
VIOLATION OF THE IOWA CIVIL RIGHTS ACT
IOWA CODE CHAPTER 216 – AGE DISCRIMINATION
(AGAINST ALL DEFENDANTS)
46.

Koppin incorporates by this reference paragraphs 1 through 46 above as though

fully alleged herein.
47.

Koppin was fifty-three years old when she was fired.

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48.

Koppin is protected by the Iowa Civil Rights Act’s prohibitions against

discrimination.
49.

Koppin’s age was a motivating factor in Defendants’ decision to fire her, in

violation of the Iowa Civil Rights Act.
50.

As a proximate result of Defendants’ conduct, Koppin has suffered lost wages and

benefits, lost earning capacity, and emotional distress and requests damages as set forth in more
detail below.

COUNT II
VIOLATION OF THE IOWA CIVIL RIGHTS ACT
IOWA CODE CHAPTER 216 – GENDER DISCRIMINATION
(AGAINST ALL DEFENDANTS)
51.

Koppin incorporates by this reference paragraphs 1 through 46 above as though

fully alleged herein.
52.

Koppin is female.

53.

Koppin is protected by the Iowa Civil Rights Act’s prohibitions against

discrimination.
54.

The Board hired a male employee to do many of the same job responsibilities

performed by Koppin.
55.

Koppin’s employment was terminated within two weeks of the male employee

being hired.
56.

Koppin’s gender was a motivating factor in Defendants’ decision to fire her, in

violation of the Iowa Civil Rights Act.

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57.

As a proximate result of Defendants’ conduct, Koppin has suffered lost wages and

benefits, lost earning capacity, and emotional distress and requests damages as set forth in more
detail below.
COUNT III
VIOLATION OF THE IOWA CIVIL RIGHTS ACT
IOWA CODE CHAPTER 216 – UNEQUAL PAY BASED ON GENDER
(AGAINST ALL DEFENDANTS)
58.

Koppin incorporates by reference paragraphs 1 through 46 as though fully alleged

59.

Under the provisions of Chapter 216, it is unlawful to pay employees differently

herein.

because of their gender.
60.

Koppin’s job duties required equal or substantially similar skill, effort, and

responsibility as those of her male counterparts.
61.

The Board failed to compensate Koppin at a rate equal to a male employee

performing substantially the same work.
62.

As a proximate result of Defendants’ conduct, Koppin has suffered lost wages and

benefits, lost earning capacity, and emotional distress and requests damages as set forth in more
detail below.
COUNT IV
NEGLIGENT MISREPRESENTATION
(AGAINST DEFENDANT DONLEY)
63.

Koppin incorporates by this reference paragraphs 1 through 46 above as though

fully alleged herein.
64.

As the Board’s Executive Director, Donley had a duty to provide truthful, complete,

and accurate information to the Board’s employees.

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65.

Donley breached his duty to provide truthful, complete, and accurate information

to Board employees by not telling Koppin that her position was being eliminated, or was likely to
be eliminated, when Koppin repeatedly inquired regarding her future employment status in April
2015.
66.

Donley knew, or should have known, that Koppin was asking about her future

employment status to determine if she should elect to retire early under the Board’s ERIP.
67.

Koppin relied to her detriment on Donley’s failure to provide her with truthful,

complete, and accurate information in that had Donley told Koppin that her position was being
eliminated, or even that it was likely to be eliminated, Koppin would have elected early retirement
and received the benefits the Board’s ERIP provided.
68.

As a proximate result of Donley’s failure to provide truthful, complete, and accurate

information, Koppin has suffered financial harm.
RELIEF SOUGHT
WHEREFORE, Plaintiff Sheila Koppin requests judgment be entered in her favor and
requests that the Court order the following relief:
A.

Declare Defendants’ conduct to be in violation of the laws set forth herein;

B.

Award Koppin compensatory damages to the full extent of the law;

C.

Make Koppin whole by providing her appropriate lost earnings and
benefits, with interest;

D.

Make Koppin whole by granting her the benefits she would have received
had she elected to retire early under the Board’s ERIP.

E.

Reinstate Koppin to her former position or award front pay in lieu of
reinstatement;

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F.

Award Koppin an amount sufficient to fully reimburse her for her
reasonable attorneys’ fees, expenses, and costs she has incurred, and will
continue to incur, prosecuting her claims;

G.

Award pre-judgment interest and costs against the Defendants as allowed
by law; and

H.

Award such further relief as the Court deems necessary and proper.

Respectfully submitted,

/s/ Thomas W. Foley
THOMAS W. FOLEY
AT0002589
Spies, Pavelich & Foley
312 E. College Street, Suite 216
Iowa City, Iowa 52240
ATTORNEYS FOR PLAINTIFF
Original filed.

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