Former Albany State University Foundation business manager files suit over dismissal

ALBANY — Former Albany State University Foundation Business Manager Yolanda Carter has filed a civil lawsuit against the University of Georgia Board of Regents, ASU President Art Dunning and Vice President of Institutional Advancement Chanta Haywood alleging wrongful termination and denial of due process.

Carter had been the foundation’s business manager for more than six years before being dismissed in late November 2014. In her complaint filed in Fulton County Superior Court last September, Carter said she was informed that due to budget cuts the department was going through a “restructuring.”

In her complaint, Carter contends there was never an actual reduction in force (RIF) being implemented, rather the ASU office of Institutional Advancement was “using the guise of a RIF as a means of getting rid of targeted employees.”

The restructuring of the department led to the newly created position of director of budgeting and fiscal affairs, for which Carter applied.

The complaint further added, “Haywood knew all along that (Carter) would not be selected for the newly created position and had pre-selected Rufus Davis ”who had also applied for the position, instead.” Davis is not named a defendant in the lawsuit.

Carter contends that Haywood and Davis had a “pre-existing relationship which she failed to disclose to the hiring panel.” The complaint also contends Haywood did not reveal to the hiring panel she had “altered the minimum qualifications for the position in order to render Davis minimally qualified for the position. Although members of the hiring panel felt that Davis’ application and credentials did not merit an interview, Haywood forced the issue and brought him before the panel anyway.”

The complaint alleges “all of Haywood’s actions call into question the legitimacy of the purported reduction in force and Carter’s non-selection for the new position.”

When asked Thursday to describe her “pre-existing relationship” with Davis, Haywood said other than she and Davis were both from Camilla, none existed.

“I had no pre-existing relationship in any shape form or fashion with Rufus Davis. He was a generation ahead of me,” Haywood said.

The complaint states Haywood brought Davis before the hiring panel on Nov. 20, 2014, and the next day Carter received a letter from ASU Human Resources informing her that her employment had ended immediately and was effectively terminated on Jan. 31, 2015.

Carter’s suit asserts that she could only be terminated for cause, yet she was deprived of the due process guarantees to which she was entitled by virtue of of the policies set forth by the Board of Regents.

Davis, who was elected as mayor of Camilla last November, remained at ASU in the position of executive director of administrative and fiscal affairs for a little more than a year before resigning to “devote more time as the full-time mayor of Camilla.”

Before filing her lawsuit, Carter issued a nine-page letter in an attempt to explain her position.

“I know Georgia is an employment at will state. When looking at what transpired at Albany State, my question would be why are all the rules and policies in place?” Carter wrote. “After experiencing such a horrific experience, and it appears there were a number of failures on several levels, I have to question why the state of Georgia has not followed other states with exceptions to the at will law. Should the state adopt exceptions to protect employees from unjust termination? What can be learned from Albany State University?”

According to Carter’s attorney, LaTonya Nix Wiley, the Board of Regents filed a motion to dismiss on November 25, asserting sovereign immunity. No date has been set for Carter to respond to the motion because of pending discovery matters that are being resolved between the parties.

Carter is seeking back wages, a thorough appeal process and legal fees. She is currently employed in the Finance Department of the Dougherty County School System.