A strength and conditioning coach formerly employed by Miami is taking the university to court, alleging he was wrongfully fired after taking paternity leave protected under federal law.
Head Miami football coach Chuck Martin, athletic director David Sayler and associate athletic director Steve Brockelbank are all named as defendants in the lawsuit.
The plaintiff in the case is Paul Harker, whose most recent title at Miami was Director of Strength and Conditioning for the Athletic Performance Center. He worked in Miami's athletic department alongside the RedHawks football team from February 2011 until Miami terminated his contract in June 2017.
After Harker's wife gave birth to twins on Jan. 20, 2017, he took just over three weeks of paternity leave, which was pre-approved by the university, according to court documents.
The leave taken by Harker is protected under the Family Medical Leave Act (FMLA), which protects working parents' jobs while they take time off to care for their newborn children.
"Within a few days after returning from FMLA leave, Mr. Harker was told to quickly find a job elsewhere because it had been decided that his contract would not be renewed," according to the lawsuit, which was filed Dec. 8, 2017 in the Southern District Court of Ohio.
At this point, Martin "told Mr. Harker he needed to decide whether he was a 'football coach' or a 'family man,'" according to the lawsuit.
"It is a little shocking to hear it put into those terms in 2018 -- that men should have to make that choice," said Christian Jenkins, Harker's representation in the case and an attorney with Cincinnati-area law firm Minnilo and Jenkins.
On Feb. 17, "Coach Martin told Mr. Harker to find another job quickly so his replacement could be hired. Coach Martin said he was being told to 'make things uncomfortable' for Mr. Harker so he would just resign rather than finish out his contract," according to the lawsuit.
After this conversation, the lawsuit states that Harker began searching for new employment and shortly placed his home on the market.
From February to June 2017, Harker remained in his position, but the lawsuit states that Harker engaged in a series of exchanges with Martin, Brockelbank and others at Miami regarding his future employment status. The lawsuit alleges that Brocklebank and others tried to walk back previous statements about Harker's impending nonrenewal.
On April 7, internal emails submitted as exhibits to the lawsuit show Brockelbank allegedly wrote to Kristin Henegar, a Miami human resources generalist with notes about Harker's workplace attendance since he took paternity leave: "I would like to have a conversation with him about the possibility of non-renewal. Please take a look at what is attached and give me your thoughts. He is wearing everyone out with his lack of commitment and communication."
On May 2, Theresa Murphy, Miami's human resources employment director, emailed Brockelbank asking about the decision regarding Harker's contract, the lawsuit states.
Later that day, Kristin Henegar replied: "Steve [Brockelbank] said they absolutely want to move forward with a termination, if you could please take it to Robin [Parker, general counsel to Miami University] to make sure they choose the right timing, etc."
Brockelbank allegedly met with Harker on June 7 to give him an "Expectations Letter" laying out new requirements for Harker's position, the lawsuit states.
"Mr. Harker expressed surprise because, as Mr. Brockelbank knew, Mr. Harker had been told he would be non-renewed and to find another job," the lawsuit reads.
Miami's attorney in the case, Deborah Adams of the large Midwestern firm Frost Brown Todd, declined to comment on the lawsuit.
Miami spokesperson Claire Wagner was unable to comment on the suit, though she stated in an email that "Miami University supports the right of employees to take leave under the federal Family and Medical Leave Act."
Among other types of damages, Harker is seeking back pay and benefits, front pay, liquidated damages and compensatory damages for harm to his professional reputation.
Harker also entered a demand for a jury trial in the event that Miami University decides to fight the suit in court.
Beyond alleging that Miami's termination of Harker's employment violated his FMLA protections, the lawsuit alleges that the university's actions violated portions of the 1964 Civil Rights Act and the Pregnancy Discrimination Act. Harker filed a discrimination complaint with the federal Equal Employment Opportunity Commission in relation to those claims.
Currently, Harker is employed as an associate athletic director at Wayne State University.
For updates to the story, keep an eye on miamistudent.net
evansjm4@miamioh.edu