PAGE 1 - DEFENDANT’S ANSWER TO PLAINTIFF’S FIRST AMENDED COMPLAINT

MERSEREAU SHANNON LLP

ONE SW COLUMBIA STREET, SUITE 1600

PORTLAND, OREGON 97258-2014

(503) 226-6400

KAREN M. VICKERS, OSB No. 913810

kvickers@mershanlaw.com

BLAKE H. FRY, OSB No. 100128

bfry@mershanlaw.com

MERSEREAU SHANNON LLP

One SW Columbia Street, Suite 1600

Portland, Oregon 97258-2089

Telephone: 503.226.6400

Facsimile: 503.226.0383

Of Attorneys for Defendant

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

EUGENE DIVISION

COTY RICHARDSON,

Plaintiff,

v.

NORTHWEST CHRISTIAN UNIVERSITY, 

an Oregon Corporation,

Defendant.

Case No. 6:15-cv-01886-AA

DEFENDANT’S ANSWER TO 

PLAINTIFF’S FIRST AMENDED 

COMPLAINT

For its answer to plaintiff’s First Amended Complaint (“Complaint”), defendant Northwest 

Christian University (“NCU”) admits, denies, and alleges as follows:

1.

Admits plaintiff was an Assistant Professor of Exercise Science at NCU and that her 

employment was terminated effective July 22, 2015, but deny the remainder of paragraph 1. 

2.

Denies paragraph 2. 

3.

Admits paragraph 3. 

Case 6:15-cv-01886-AA Document 11 Filed 10/22/15 Page 1 of 7
PAGE 2 - DEFENDANT’S ANSWER TO PLAINTIFF’S FIRST AMENDED COMPLAINT

MERSEREAU SHANNON LLP

ONE SW COLUMBIA STREET, SUITE 1600

PORTLAND, OREGON 97258-2014

(503) 226-6400

4.

Admits that NCU is an Oregon Nonprofit Corporation. The remainder of paragraph 4 contains a 

legal conclusion to which no response is necessary. 

5.

Admits that jurisdiction is proper. 

6.

Admits paragraph 6. 

7.

Admits paragraph 7. 

8.

Admits venue is proper. 

9.

Admits that NCU is a regionally accredited Christian Liberal Arts University located in Eugene, 

Oregon, which was established in 1895 and has a mission and vision as stated at www.nwcu.edu.

10.

Admits that NCU hires faculty based on a number of criteria including a maturing Christian faith 

and support of NCU’s mission to develop competent, ethical leaders for service in the workplace, 

community, Church and world. 

11.

Admit that NCU’s staff/faculty personnel policy handbook provides: “The University’s policy is 

not to discriminate against any employee or applicant for employment because of age... race, color, sex, 

national origin or ancestry, marital status, disability, sexual orientation, or any other protected status to 

Case 6:15-cv-01886-AA Document 11 Filed 10/22/15 Page 2 of 7
PAGE 3 - DEFENDANT’S ANSWER TO PLAINTIFF’S FIRST AMENDED COMPLAINT

MERSEREAU SHANNON LLP

ONE SW COLUMBIA STREET, SUITE 1600

PORTLAND, OREGON 97258-2014

(503) 226-6400

the extent prohibited by applicable non-discrimination laws with respect to hiring, promotion, demotion, 

transfer, recruitment, termination, salary level or other forms of compensation, or any other term or 

condition of employment.” 

12.

Lacks sufficient knowledge or information to admit or deny paragraph 12. 

13.

Lacks sufficient knowledge or information to admit or deny paragraph 13. 

14.

Admits that plaintiff was hired as a part-time Instructor of Exercise Science and commenced 

employment on August 15, 2011, but lacks sufficient knowledge or information to admit or deny the 

remainder of paragraph 14 and therefore denies the same. 

15.

Admits that plaintiff was given the NCU Staff/Faculty Personnel Manual, the contents of which 

speak for itself. 

16.

Admits that plaintiff was hired as a full-time Instructor of Exercise Science starting August 15, 

2012. 

17.

Admits paragraph 17. 

18.

Admits that plaintiff’s 2015-2016 faculty contract provides that she must “[f]ollow the current 

Faculty Handbook as it pertains to faculty roles and responsibilities,” and that the handbook speaks for 

Case 6:15-cv-01886-AA Document 11 Filed 10/22/15 Page 3 of 7
PAGE 4 - DEFENDANT’S ANSWER TO PLAINTIFF’S FIRST AMENDED COMPLAINT

MERSEREAU SHANNON LLP

ONE SW COLUMBIA STREET, SUITE 1600

PORTLAND, OREGON 97258-2014

(503) 226-6400

itself, but lacks sufficient knowledge or information to admit or deny the remainder of paragraph 18. 

19.

Lacks sufficient knowledge or information to admit or deny paragraph 19. 

20.

Lacks sufficient knowledge or information to admit or deny paragraph 20.

21.

Admits that on May 21, 2015, plaintiff emailed Dr. Dennis Lindsay, Vice President for 

Academic Affairs and Dean of Faculty, and Heike McNeil, and the contents of that email speak for 

itself. 

22.

Denies paragraph 22. 

23.

Denies paragraph 23. 

24.

Denies paragraph 24. 

25.

Denies paragraph 25. 

26.

Denies paragraph 26.

27.

Denies paragraph 27.

28.

Case 6:15-cv-01886-AA Document 11 Filed 10/22/15 Page 4 of 7
PAGE 5 - DEFENDANT’S ANSWER TO PLAINTIFF’S FIRST AMENDED COMPLAINT

MERSEREAU SHANNON LLP

ONE SW COLUMBIA STREET, SUITE 1600

PORTLAND, OREGON 97258-2014

(503) 226-6400

Denies paragraph 28. 

29.

Admits that Dr. Lindsay sent plaintiff a letter dated July 22, 2015, the contents of which speak 

for itself. 

30.

Except as admitted above, denies each and every remaining allegation of plaintiff’s complaint 

and the whole thereof. 

FIRST DEFENSE

(Failure to State a Claim)

31.

Plaintiff has failed to allege ultimate facts sufficient to constitute a claim for relief. 

SECOND DEFENSE

(Statutory Limit on Non-Economic Damages Pursuant to ORS 31.710(1))

32.

The doctrine of charitable immunity in place at the time of Oregon’s statehood and the adoption 

of the Oregon Constitution would have precluded a jury from considering plaintiff’s claims against NCU 

in this case. Therefore, the statutory limit of $500,000 established in ORS 31.710(1) limits plaintiff’s 

claims for non-economic damages to that amount. 

THIRD DEFENSE

(First Amendment)

33.

Imposing liability against NCU would violate the Freedom of Religion clauses and the First 

Case 6:15-cv-01886-AA Document 11 Filed 10/22/15 Page 5 of 7
PAGE 6 - DEFENDANT’S ANSWER TO PLAINTIFF’S FIRST AMENDED COMPLAINT

MERSEREAU SHANNON LLP

ONE SW COLUMBIA STREET, SUITE 1600

PORTLAND, OREGON 97258-2014

(503) 226-6400

Amendment to the United States Constitution, and/or Article I, Sections 2 and 3 of the Oregon 

Constitution. 

FOURTH DEFENSE

(BFOQ)

34.

NCU’s action was consistent with a Bona Fide Occupational Qualification for NCU. 

FIFTH DEFENSE

(Failure to Mitigate Damages)

35.

Plaintiff has failed to mitigate her damages. 

SIXTH DEFENSE

(Legitimate Non-discriminatory Reason)

36.

Defendant’s actions were taken for a legitimate non-discriminatory reason. 

37.

NCU reserves the right to amend and supplement its Answer to plaintiff’s First Amended 

Complaint as the case develops through discovery or otherwise. 

///

///

///

Case 6:15-cv-01886-AA Document 11 Filed 10/22/15 Page 6 of 7
PAGE 7 - DEFENDANT’S ANSWER TO PLAINTIFF’S FIRST AMENDED COMPLAINT

MERSEREAU SHANNON LLP

ONE SW COLUMBIA STREET, SUITE 1600

PORTLAND, OREGON 97258-2014

(503) 226-6400

WHEREFORE, NCU requests judgment dismissing plaintiff’s Complaint with prejudice.

DATED: October 22, 2015.

MERSEREAU SHANNON LLP

/s/ Karen M. Vickers

KAREN M. VICKERS, OSB No. 913810

kvickers@mershanlaw.com

BLAKE H. FRY, OSB No. 100128

bfry@mershanlaw.com

503.226.6400

Of Attorneys for Defendant

Case 6:15-cv-01886-AA Document 11 Filed 10/22/15 Page 7 of 7