MAY IN THE CIRCUIT COURT FOR THE CITY OF RICHMOND SANDRA EVANS, Plaintiff, VIRGINIA STATE UNIVERSITY 1 Hayden Drive Petersburg, VA 23806

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1 IN THE CIRCUIT COURT FOR THE CITY OF RICHMOND SANDRA EVANS, Plaintiff, V. VIRGINIA STATE UNIVERSITY 1 Hayden Drive Petersburg, VA DR. KEITH T. MILLER, FORMER PRESIDENT Virginia State University - Office of the President P.O. Box Virginia Hall 1 Hayden Drive Case No. C4, 1 S-- 3L/ - Z. DR. PAMELA V. HAMMOND, INTERIM PRESIDENT Virginia State University - Office of the President P.O. Box Virginia Hall 1 Hayden Drive DR. ELLIOTT WHEELAN, ASSOCIATE VICE PRESIDENT FOR HUMAN RESOURCES AND COMPLIANCE Virginia State University - Office of Human Resources 1 Hayden Drive Virginia Hall Suite 101 DR. W. WELDON HILL, PROVOST/VICE PRESIDENT OF ACADEMIC AFFAIRS Virginia State University P.O. Box 9404 RECEIVED AND FILED CIRCUIT COURT MAY EDWARD F. JE P CLERK BY D.C. 1

2 220 Virginia Hall I Hayden Drive DR.. ANDREW KANU, DEAN College of Humanities and Social Sciences Virginia State University P.O. Box Harris Hall I Hayden Drive MS. JULIA WALKER, EEO/COMPLIANCE MANAGER Virginia State University VSU Annex - The Cameron Building, Room Brown Street Petersburg, VA MR. HARRY BLACK, RECTOR MR. WILLIE C. RANDALL, VICE RECTOR MS. DAPHNE MAXWELL REID, SECRETARY MR. GEORGE K. ANAS, II 2

3 MR. FELIX DAVIS, JR. MR. TERONE B. GREEN DR. DARYL C. DANCE MR. ROBERT E. DENTON MS. JENNIFER HUNTER MR. FREDRICK S. HUMPHRIES, JR. 3

4 MR. HURON F. WINSTEAD MS. THURSA CRITTENDEN MR. CHARLIE HILL MS. ALMA HOBBS MR. XAVIER RICHARDSON Defendants. COMPLAINT This action arises out of the Defendant Virginia State University's ("VSU") unlawful employment actions against Plaintiff Sandra Evans. Evans alleges that VSU willfully discriminated against her in violation of the Equal Pay Act ("EPA"), as

5 amended 29 U.S.C. 206(d), et seq. Specifically, Evans asserts that VSU failed to justly compensate her in violation of the EPA when it discriminated against Evans on the basis of sex by compensating her at a rate less than the rate at which it pays wages to similarly situated male employees for equal work on jobs, the performance of which required equal skill, effort, and responsibility, and which were performed under similar working conditions. In support of her Complaint, the Plaintiff Sandra Evans, by counsel, states as follows: f. THE PARTIES 1. Evans is a resident of the Commonwealth of Virginia. 2. VSU is a public land-grant university that is governed by the Board of Visitors. The is responsible for controlling and expending funds of the University including its appropriations, appointing the President, establishing tuition and fee costs, as well as other duties. It is located at I Hayden Drive, Petersburg, Virginia VSU regularly and systematically conducts substantial business in the City of Richmond and receives funding from the Commonwealth of Virginia which is housed in the City of Richmond. 4. Dr. Keith T. Miller is the former President of VSU, and served as President until December 31, He continues to be a tenured faculty member at VSU. 5. Dr. Pamela V. Hammond is the current interim President of VSU, and has been in that position since Dr. Miller stepped down on December 31, Dr. Elliott Wheelan is the Associate Vice President for Human Resources and Compliance at VSU. 5

6 7. Dr. W. Weldon Hill is the Provost and Vice President of Academic Affairs at VSU. 8. Dr. Andrew Kanu is the Dean of the College of Humanities and Social Sciences at VSU. 9. Ms. Julia Walker is the EEO/Compliance Manager at VSU. 10. Mr. Harry Black is the current Rector of VSU's. 11. Mr. Willie C. Randall is the Vice Rector of VSU's. 12. Ms. Daphne Maxwell Reid is the Secretary of VSU's Boardof Visitors. 13. Mr. George K. Anas, II currentlserves on VSU's. 14. Mr. Felix Davis, Jr. currently serves on VSU's. 15. Mr. Terone B. Green currently serves on VSU's. 16. Dr. Daryl C. Dance currently serves on VSU's. 17. Mr. Robert E. Denton currently serves on VSU's. 18. Ms. Jennifer Hunter currently serves on VSU's. 19. Mr. Fredrick S. Humphries, Jr. currently serves on VSU's Board of Visitors. 20. Mr. Huron F. Winstead currently serves on VSU's. 21. Ms. Thursa Crittenden currently serves on VSU's. 22. Mr. Charlie Hill currently serves on VSU's. 23. Ms Alma Hobbs currently serves on VSU's. 24. Mr. Xavier Richardson currently serves on VSU's. If. JURISDICTION 6

7 25. This is an action based on discrimination and willful violation of the Equal Pay Act of 1963, 29 U.S. Code 206(d) ("EPA"). All events that led to the claims set forth herein occurred at Virginia State University, which is located in Petersburg, Virginia, within thejurisdiction of this Court. Additionally, claims under the Equal Pay Act may be brought against 'any employer (including a public agency) in any Federal or State court of competent jurisdiction by any one or more employees. Id. at 216(b). III. FACTUAL ALLEGATIONS COUNT I - DISCRIMINATION AND UNDER THE EQUAL PAY ACT 25. Evans reaheges and incorporates herein by reference the allegations contained in the preceding paragraphs of her Complaint. 26. VSU is subject to the Equal Pay Act (EPA). 27. Evans is an eligible employee under the EPA. 28. Evans is female. 29. Evans has been employed with Virginia State University ("VSU") since 2002 in teaching and administrative positions. She is currently serving as a Lecturer and the Director of the First-Year Experience Program; 30. Evans holds the following degrees: Master of Education in Vocational and Technical Education, Master of Education in Administration and Supervision, and Doctor of Education in Education with a concentration in Instructional Leadership. 31. Evans is currently paid $61, per academic year. From 2011 until 2013, her salary was $59, per academic year; 32. Over the course of her career Evans has published products in 3 journals, and she belongs to a variety of professional organizations, including Phi Delta Kappa 7

8 International, Alpha Kappa Alpha, Kappa Delta Pi International Honor Society in Education, Pi Lambda Theta, Association of Supervision and Curriculum Development, NAFSA: Association of International Educators, The National Academic Advising Association (NACADA), National Orientation Directors Association, and Virginia State University Alumni Association. 33. As the Director of the First-Year Experience Program, Evans develops and maintain academic goals for first-year, transfer, and provisional students, as well as coordinates students, faculty, and staff to implement a cohesive set of learning goals for the students. She helps first-year students with the transition from high school to higher education and conducts seminars on topics useful to incoming students, such as time management and!earning styles. 34. Evans' first classified position at VSU began in 2005, when she was given the title of Assessment Specialist. This position has the same duties and requirements as an Assistant Professor. In 2009, Evans was promoted to head up the Academic Success Center. In 2011, Evans was transferred to another position as Director of the First-Year Experience Program. Despite the increasing duties and responsibilities, Evans has yet to receive a commensurate pay raise. 35. Mr. Daniel Roberts, whose official title according to the VSU website is "Executive Director of Global and Special Initiatives," was paid $114, in 2014, which is $53, more than Evans earned during the same time period. 36. Mr. Roberts has only been employed with VSU since 2011, he has no doctorate degree, and his position has minimal responsibilities. COUNT I! - WILLFUL VIOLATION OF THE EOUAL PAY ACT 8

9 38. Spencer realleges each and every allegation contained in the preceding paragraphs with the same force and effect as if they were fully set out herein. 37. In 2012 the Gender Equity Task Force warned the Administration about the University's potential liability under the EPA and Title VII, recommended the hiring of a Vice President or Ombudsman for Equity, and made further recommendations for addressing the disparity. The Administration dismissed the findings and recommendations of the Task Force, and have since continued to willfully and knowingly violate the EPA and Title VII. 38 Evans has further been retaliated against since 2012 by continuing to be kept at a desperate rate of pay while lesser qualified males have been hired and/or promoted and paid more. 39. The violations in pay and benefits based on Evans's disparate salary have been willful, knowing, and repeatedly occurring with every paycheck Evans has received since Evans has brought her complaints to the attention of the Department of Human Resources and followed the administrative chain of command, with no relief or corrective action taken. She also, through her attorney, has sent a demand for relief to the VSU administration with no corrective action taken. In addition, Evans has filed an EEOC charge alleging discrimination, retaliation, and willful violation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, et seq. ("Title VII"); in that charge, she did not include an EPA claim because she wishes to toll the statute of limitations on her EPA and Title VII claims simultaneously. Aside from these actions, Evans has not 9

10 commenced any other action, civil, criminal, or administrative, based on the above allegations. 41. Since VSU's violations of the EPA have been willful, Evans is entitled to a three year statute of limitations on her claims, in accordance with 29 C.F.R (b), PRAYER FOR RELIEF 42. As a proximate result of the conduct of VSU as set forth in all the preceding paragraphs, Evans was damaged. 43. For violations of the Equal Pay Act, Evans demands such legal or equitable relief as provided by 29 U.S.C. 216(b) and 29 C.F.R , including, but not limited to, the following: a. A preliminary and permanent injunction against VSU and its directors, officers, employees, agents, successors, employees and representatives, and any and all persons acting in concert with them, from engaging in each of the unlawful practices, improper activities and practices, policies, customs and usages set forth herein; b. Front pay in a to be determined amount; C. Back pay from three years prior to the filing of this lawsuit in at least the amount of $54,000 per year mat least the aggregate of $162,000 up until the date of a monetary award, plus interest on that monetary award for that same time period; d. Liquidated damages on any thonetary award under the EPA; e. Reasonable attorney fees and costs in bringing this action; f. Prejudgment interest; and g. Any other relief that this Court deems just and equitable. MISCELLANEOUS 10

11 44. Trial by jury is demanded. 45. Plaintiff reserves the right to amend this Complaint, including the right to add additional counts and/or parties through discovery and up to trial of this action as investigation and discovery further warrant. WHEREFORE, the plaintiff, Sandra Evans, is seeking damages in an amount to be demonstrated by the evidence up to the sum of Five Hundred Thousand Dollars ($500,000.00). Respectfully submitted, SANDRA EVA Br 4*r Of Counsel Colleen Marea Quinn, Esq. (VSB No ) Kati Kitts Dean, Esq. (VSB No ) LOCKE & QUINN West Broad Street Post Office Box Richmond, Virginia Tel: (804) Fax: (804) quinnlockequinn.com deanlockequinn.com Counsellor Plaintiff 11

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