Judge gives professor deadline to amend his complaint against Murray State College

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DISCRIMINATION LAWSUIT

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  • The plaintiff in a federal discrimination lawsuit against Murray State College has until Monday to file an amendment complaint in the case, or risk the case being dismissed, a federal judge said last week.
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TISHOMINGO – The plaintiff in a federal discrimination lawsuit against Murray State College has until Monday to file an amendment complaint in the case, or risk the case being dismissed, a federal judge said last week.

Yoon S. Kim, an English professor at Murray State College, sued the school on June 12 in Oklahoma District Court. In December, Murray State filed a motion to move the case from state court to federal district court. Court records show that Kim alleged gender discrimination including failure to promote and/or termination in violation of the federal Civil Rights Act and Oklahoma’s Anti-Discrimination Act. Kim also alleged a misuse of state funds by the school. Kim was discharged from Murray State in May of 2018. In his complaint, Kim said he suffered a hostile work environment. He said he was denied promotions and positions to improve his position and economic benefits, “while white female colleagues were offered said opportunities.”

In addition, Kim said a female superior harassed him about his syllabus yet not of the schools’ non-minority or female colleges were subject to (the) embarrassing, hostile supervision. “A female supervisor coerced Plaintiff into performing work on her private, personal property,” Kim wrote. “Not female or non-minority colleagues of the plaintiffs were forced to do such work.” Records show that Kim also alleged he was “harassed about his relationship with his students” and that Murray State President Joy McDaniel ordered faculty to change the grade of a student. “In addition, at ... Dr. Kim’s termination, a non-minority female faculty member was retained even though she was on probation and had a glaring history of failing to show up for work,” Kim wrote. In its motion to dismiss – filed on Jan. 2, 2020 – Murray State said Kim was placed on a ‘plan of improvement’ after the administration received a number of student complaints “and were concerned with his low enrollment numbers.”

“Although there were slight areas of improvement, his improvement in these critical areas did not sufficiently progress to warrant continued employment,” the college said. Kim’s contract was not renewed, the school said, due to years of low course enrollment and retention and complaints by students regarding Kim’s classroom performance. The school also said that Kim didn’t have standing to pursue an allegation of misuse of state funds. On Jan. 6, White, the federal judge, ruled that Kim was “invited, if he so desires, to file an amended complaint by Jan. 13, 2020 providing additional factual averments (sic) which may vitiate the defendants’ claims of insufficiency.” Should Kim decline to amend his complaint, White said, the response to the motion to dismiss will be filed “with the usual deadlines” required by federal court rules and the rules of Oklaho- ma’s Eastern District Federal Court. As of Sunday evening, Jan. 12, Kim had filed no response. Kim is seeking damages in excess of $75,000.