UVU files motion to dismiss Title IX lawsuit

UVU filed a motion to dismiss with prejudice former Title IX coordinator Melissa Frost’s wrongful termination lawsuit in Utah’s Third District Court Aug. 21.

The filing states that “Frost’s alleged whistleblowing was performed in the ordinary course of her job responsibilities, which was to investigate and report on discrimination, harassment, and retaliation claims at UVU.”

The university previously filed a complaint and counterclaim Aug. 14, which responded directly to each of Frost’s allegations in her May 2018 court filing.

University spokesperson Scott Trotter referred questions back to the initial statements the university made regarding the lawsuit.

He said he is unable to comment further during a pending legal matter.

Frost filed a wrongful termination lawsuit in May 2018, claiming that her firing was in retaliation for being a whistleblower.

She served as Title IX coordinator from 2014 to 2017 before being placed on a paid leave of absence last year while an independent investigator looked into her claims of retaliation and Title IX violations by the university.

Frost filed a complaint with the Department of Education’s Office for Civil Rights for Title IX violations. The university has been under federal investigation since her filing.

Her lawsuit asks for the reinstatement of her employment with seniority, compensation for lost wages and attorney fees, and compensation for damages to her professional reputation.

UVU’s motion to dismiss provided Linda Makin’s Notice of Intent to Terminate Frost, which details the reasons for her termination. Makin was Frost’s supervisor at the time.

The suit also includes the Memo of No Confidence sent to Makin by Student Affairs.

Both memos filed by UVU detail a toxic working environment with Frost, saying that she was often combative with faculty and staff. The documents also say that Frost was more concerned with protecting herself than she was with investigating cases and resolving them in a timely manner.

The motion says that officials at the university began receiving complaints about Frost in April 2017; Student Affairs sent the Memo of No Confidence shortly after.

Officials received several complaints against Frost by parents who were upset with the way she handled their students’ Title IX complaints.

 

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