A Harris County appellate court overturned a decision on July 3 in favor of the University of Houston in its appeal against Conrad N. Hilton College of Hotel and Restaurant Management professor Stephen Barth.
Barth’s primary lawyer, J.W. Beverly, said he and his client would make every attempt to continue their seven-year whistleblower lawsuit against the University.
"We’re considering our options, whether through a rehearing or review through the Texas Supreme Court," Beverly said. "We’ve been fighting for seven years, and we’re not giving up now."
On Dec. 14, 2005, Barth won a decision against UH that found Barth was retaliated against for reporting possible criminal activity by former Hilton College Dean Alan Stutts, placing UH in violation of the Whistleblower Protection Act. Barth was initially entitled to $305,000 in damages and attorney’s fees.
Barth reported to UH officials in March 1999 that Stutts had mishandled University funds, engaged in illegal accounting practices and falsified purchase vouchers to pay for services at the Hilton College in an unauthorized contract. Barth alleged that upon learning of the complaints, Stutts retaliated against him through several means, notably with mediocre performance evaluations.
Barth continued to file two ultimately unsuccessful complaints through UH’s grievance process. Shortly thereafter, Barth filed and won his lawsuit alleging the University retaliated against him for reporting Stutts’ conduct.
UH challenged several of Barth’s assertions in its appeal, and for the original decision to be reversed Barth’s allegations would need to be proven false under conditions of the Whistleblower Protection Act.
UH claimed Barth did not report Stutts’ activities to the proper officials in good faith, asserting University administration does not qualify as proper law enforcement officials. UH also disputed that Barth’s grievances led to retaliation that negatively affected his employment. In these areas, however, the appellate court upheld most of Barth’s claims.
UH’s final challenge argued Barth did not file his grievances in a timely manner under the Whistleblower Protection Act, or 90 days after the alleged crime occurred.
Because there was not enough evidence, on the court upheld UH’s challenge and appeal, reversing the original decision and sending the case back to the trial court for further proceedings.
Since concluding the lawsuit, Barth has founded his own law business and Stutts resigned his position as dean in December 2001. Stutts is now president of Brown College, a private, for-profit school in Minnesota.
"We see this decision as a challenge to us, but we will continue our pursuit on campus, in the courtroom, or in the national arena if need be until the University of Houston becomes transparent in regards to retaliation," Barth said.
