1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

Merle Joy Turchik, AZ Bar No. 011130

TURCHIK LAW FIRM, P.C.

2205 E. Speedway Blvd.

Tucson, AZ 85719

merle@turchiklawfirm.com

Telephone: (520) 882-7070

Facsimile: (520) 203-0175

David Sanford (D.C. Bar No. 457933, Pro Hac Vice to be forthcoming)

SANFORD HEISLER SHARP, LLP

1666 Connecticut Avenue NW, Suite 300

Washington, D.C. 20009

dsanford@sanfordheisler.com 

Telephone: (202) 499-5201

Facsimile: (202) 499-5199

Attorneys for Plaintiff and the EPA Collective Action Class

[Additional Attorneys Listed After Signature Page]

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Patricia MacCorquodale, on behalf of 

herself and all others similarly situated

Plaintiff,

vs.

Arizona Board of Regents,

Defendant.

Case No.: 

COLLECTIVE ACTION COMPLAINT

JURY TRIAL DEMANDED

Plaintiff Patricia MacCorquodale (“Dr. MacCorquodale”), by and through her 

undersigned counsel brings this action in her individual capacity, and on behalf of all others 

similarly situated, against Defendant Arizona Board of Regents (“ABOR” or “the Board”) 

to redress systematic gender discrimination in employment. Plaintiff alleges upon 

knowledge concerning herself and her own acts, and upon information and belief as to all 

other matters, as follows:

//

Case 4:18-cv-00028-RCC Document 1 Filed 01/22/18 Page 1 of 20
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

2

I. OVERVIEW

1. Dr. MacCorquodale is a tenured Professor in the Department of Gender and 

Women’s Studies at the University of Arizona (the “University” or “UA”). She is also 

Dean Emerita of the University’s Honors College (the “Honors College” or the “College”), 

which she led from its creation in 1999 until 2016. 

2. Under her leadership, the Honors College became a hub of intellectual life at 

the University, attracting undergraduate students from Arizona and nationwide who might 

otherwise not have attended the University, and contributing to the University’s reputation 

internationally.

3. A five-year review committee convened in 2011 to assess Dr. 

MacCorquodale’s performance found that she “has done an admirable job” in her role and 

that her “passion and hard work have been fundamental to the success of the Honors 

College.” Dr. MacCorquodale has an established reputation of making the Honor’s College 

her life’s work, selflessly dedicating herself to building the College and enriching the lives 

of her students.

4. UA Provosts have consistently recognized Dr. MacCorquodale’s exceptional 

leadership and incredible success as the Dean of the Honors College. In 2010, then-Provost 

Meredith Hay commended Dr. MacCorquodale on a “tremendous job in leading the college 

in these difficult times” and for her “exceptional flexibility in adapting to new 

circumstances in an ever-changing financial environment.” Current Provost Dr. Andrew 

Comrie observed in 2012 that Dr. MacCorquodale was “increasingly adept at leading with 

the University of Arizona Honors College’s advantages.”

5. During her entire tenure as Dean, the University dramatically underpaid Dr. 

MacCorquodale relative to her male colleagues, including her younger, male successors, 

by tens of thousands of dollars or more. After Dr. MacCorquodale stepped down as Dean 

in September 2016, she was replaced by a younger and less experienced male interim dean 

who was offered a full-time salary as Honors College Dean that was more than $100,000 

higher than Dr. MacCorquodale’s pay in her last full academic year.

Case 4:18-cv-00028-RCC Document 1 Filed 01/22/18 Page 2 of 20
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

3

6. This pay disparity is a direct result of policies and practices implemented by 

the University’s leadership, including the current Provost. Female deans at the UA earn 

less than male deans and are virtually shut out of participation in the University’s Dean’s 

Council. They are further subjected to humiliating and demeaning treatment by the 

University’s male leadership to which their male peers are not subjected.

7. This action arises out of the University’s systematic discriminatory treatment 

of its female deans on the basis of their gender. The University discriminates against 

female deans through its policies, practices, and procedures with respect to compensation, 

in violation of the Equal Pay Act of 1963, 29 U.S.C. § 206(d) (“EPA”).

8. On behalf of herself and all others similarly situated, Plaintiff 

MacCorquodale requests declaratory and injunctive relief to redress the University of 

Arizona’s pervasive and discriminatory employment policies, practices, and procedures, 

including its retaliation against her for reporting such discriminatory misconduct. Plaintiff 

further seeks for herself, and all others similarly situated, back pay; front pay; 

compensatory damages; nominal, liquidated, and punitive damages; and attorneys’ fees 

and costs.

II. THE PARTIES

A. Plaintiff Patricia L. MacCorquodale

9. Plaintiff Patricia MacCorquodale resides in Tucson, Arizona, and is a citizen 

of the United States. She has been an employee of the University of Arizona since August 

1978.

B. Defendant Arizona Board of Regents

10. Defendant Arizona Board of Regents is a corporate entity created by state 

law for the purpose of administering Arizona’s public universities. Its headquarters are at 

2020 North Central Avenue, Suite 230, Phoenix, Arizona.

11. The University of Arizona, a public university located in Tucson, Arizona, is 

a legal subdivision of ABOR. At all relevant times, ABOR controlled the UA, which has 

been Dr. MacCorquodale’s employer within the meaning of all relevant statutes.

Case 4:18-cv-00028-RCC Document 1 Filed 01/22/18 Page 3 of 20
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

4

12. The University employs more than 15,000 individuals. 

C. Administrative Exhaustion and Tolling

13. Plaintiff timely filed a charge with the United States Equal Employment 

Opportunity Commission (“EEOC”) on May 16, 2017, and amended her charge on July 21, 

2017. Dr. MacCorquodale is in the process of perfecting her right to sue to bring claims 

under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 42 U.S.C § 2000e 

et seq. (“Title VII”). 1

14. On September 7, 2017, the parties entered into a tolling agreement, tolling 

Dr. MacCorquodale’s claims under Title VII, the EPA, and other applicable statutes 

beginning from May 16, 2017 until November 15, 2017 (six months), when the University 

terminated tolling.

III. JURISDICTION AND VENUE

15. The U.S. District Court for the District of Arizona has personal jurisdiction 

over Defendant because Defendant’s offices are headquartered in Arizona, it conducts 

business in Arizona, and the acts complained of and giving rise to the claims alleged herein 

occurred in Arizona.

16. This Court has original subject matter jurisdiction over this suit pursuant to 

28 U.S.C. § 1331 and § 1343 because this action involves claims brought under the EPA.

IV. FACTUAL ALLEGATIONS

A. The University of Arizona

17. The Arizona Constitution established the twelve-member Arizona Board of 

Regents as the governing body for the state’s public university system, including the 

University of Arizona, to provide management and direction to the state’s higher education 

institutions. 

 

1 Plaintiff intends to amend her Complaint to include individual claims under Title VII 

once she has been granted a right to sue from the EEOC.

Case 4:18-cv-00028-RCC Document 1 Filed 01/22/18 Page 4 of 20
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

5

18. Founded in 1885, the University of Arizona – the state’s flagship institution

of higher education – is one of the country’s leading public universities. As a premier 

research institution, the UA brings in more than $606 million annually in research 

investment and has an economic impact of $8.3 billion annually in the state of Arizona. 

With over 15,000 employees for the 2016-2017 academic year, the UA is one of the largest 

employers in southern Arizona.

19. As the University’s chief academic officer, the Provost is responsible for 

promoting the University’s mission in education and research. Charged with overseeing 

all aspects of academic programming, the Provost works closely with the Deans’ Council 

– the committee of all academic deans at the UA – to craft the strategic plan for the 

University’s academic future.

20. Since August 2012, Dr. Comrie has served as Provost and Senior Vice 

President for Academic Affairs, initially as an interim Provost for the 2012-2013 academic 

year and as Provost since 2013. As Provost, Dr. Comrie has been responsible for making 

administrative appointments, such as appointments of deans, and for setting the salaries of 

administrative appointees. Accordingly, deans’ salaries have been largely controlled by a 

single, common decision-maker throughout the relevant period.

B. Dr. Patricia L. MacCorquodale

21. Dr. MacCorquodale earned a Bachelor of Arts in Sociology from Carleton 

College in 1972 and a Master of Arts and Ph.D. in Sociology from the University of 

Wisconsin at Madison in 1974 and 1978, respectively. 

22. In 1978, Dr. MacCorquodale joined the University of Arizona as a faculty 

member in the Department of Sociology. She was granted tenure and promoted to full 

Professor in the Departments of Sociology and Women’s Studies for her ground-breaking 

research on topics including the challenges faced by women in traditionally maledominated fields like law and engineering. 

23. As a renowned scholar on gender and sexuality, Dr. MacCorquodale has 

published articles in leading academic journals, including “Women in the Law: Tokens or 

Case 4:18-cv-00028-RCC Document 1 Filed 01/22/18 Page 5 of 20
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

6

Partners?” in Gender & Society and “Trying Transformations: Curriculum Integration and 

the Problem of Resistance” in Signs: Journal of Women in Culture and Society. She coauthored the book, Changing Our Minds: Feminist Transformations of Knowledge, which 

explores the development of academic disciplines in light of feminist scholarship.

24. On top of her scholarly work, Dr. MacCorquodale has participated in the 

Dean’s Development Committee, the Provost’s Council, the University Enrollment 

Management Council, and the Scholar Recruitment Leadership Team. Beyond her service 

to the UA, she served as President of the Western Social Sciences Association in 1987, and 

she served as an external reviewer for honors programs at the University of Utah, the 

University of Kansas, and the University of California at Irvine. Beginning in 2007, she 

served as the Founding President of the Arizona Honors Council, a statewide organization 

for deans of honors colleges and directors of honors programs. Dr. MacCorquodale also 

accepted positions serving as an Academic Visitor at the London School of Economics in 

1999 and as a Visiting Scholar the Center for Research on Women at Stanford University 

in 1986.

25. In 1993, the University appointed her Director of the Honors Program, which 

preceded the Honors College. Following a successful year-long campaign spearheaded by 

Dr. MacCorquodale, the Honors program was formally established as a College in 1999, 

and Dr. MacCorquodale was appointed to serve as its inaugural Dean. 

26. Under her tireless and enthusiastic leadership, the Honors College became 

an intellectual, cultural, and social hub of the University. The College annually awards 

$40,000 in undergraduate research grants, and over the past five years it has enrolled 632 

National Merit Scholars, with 17% of Honors students holding double majors and 10% 

seeking double degrees. The College has facilitated unparalleled academic opportunities 

for UA students, including special interdisciplinary courses and seminars; provided 

undergraduate research funding, internships and study abroad; hosted literary, artistic, and 

musical events; offered academic and career advising; and supported students pursuing 

nationally and internationally competitive scholarships. Dr. MacCorquodale also oversaw 

Case 4:18-cv-00028-RCC Document 1 Filed 01/22/18 Page 6 of 20
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

7

the opening of a new College dorm, established College-specific faculty positions, 

developed a new minor in Health and Human Values, and built the College through tireless 

recruiting and fundraising efforts. In recognition of these efforts, the University 

established the MacCorquodale Study Abroad Scholarship in her honor.

27. At the time that the University terminated Dr. MacCorquodale from her 

position as Dean of the Honors College in 2016, she oversaw 35 employees while 

managing a $3.7 million budget and bearing responsibility for more than 4,400 students. 

Alongside her research and teaching obligations, Dr. MacCorquodale worked as a liaison 

between the Honors College and other stakeholders in the UA community to build 

partnerships with alumni, parents, educators, and national and local organizations.

C. Dr. MacCorquodale’s Complaints of Pay Discrimination

28. When Dr. MacCorquodale was first appointed Dean of the Honors College 

in 1999, she was paid an annual salary of $96,849. 

29. Soon after her appointment, upon reviewing salary data in the University 

Library, Dr. MacCorquodale learned that she was underpaid by tens of thousands of dollars 

relative to her male counterparts. The data revealed that Dr. MacCorquodale was the 

lowest paid dean among the eighteen academic deans, and that female deans were on the 

whole paid significantly less than male deans.

30. From 1999 to 2015, Dr. MacCorquodale routinely brought data she collected 

to the Provost’s attention during her annual performance reviews. Based on these data, Dr. 

MacCorquodale complained that she was underpaid, but the administration disregarded her 

concerns and refused to close the pay gap. The University’s disinterested attitude toward 

its marked gender-based pay disparities caused these disparities to persist, steadily building 

to a total disparity of hundreds of thousands of dollars over the years.

31. In or around July 2007, Dr. MacCorquodale wrote to then-Provost Eugene 

Sander to request an equity adjustment to her salary of $131,650, based on salary data

available for the 2005-2006 academic year which showed that she earned considerably less 

than her male counterparts. Only after Dr. MacCorquodale made a formal complaint did 

Case 4:18-cv-00028-RCC Document 1 Filed 01/22/18 Page 7 of 20
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

8

Provost Sander raise her salary by $17,033. This was nowhere near sufficient to bring Dr. 

MacCorquodale in line with her male peers, nor did it begin to make up for years of 

underpayment.

32. In subsequent years, Dr. MacCorquodale continued to complain about pay 

disparities to the current Provost, Dr. Comrie, and to seek equity adjustments. She 

supported her requests with comparative pay data unequivocally demonstrating that she 

was substantially underpaid relative to her male counterparts. Nevertheless, Provost 

Comrie consistently denied her any equitable adjustments, perpetuating the ongoing 

gender-based discrimination against her.

33. In her last three years as the Honors College Dean, Dr. MacCorquodale 

earned $153,000 in 2013-2014, $153,000 in 2014-2015, and $162,750 in 2015-2016, 

whereas the average male dean at the University made $308,309, $311,404, and $320,212, 

respectively, in those years. For example, during this period the University paid the Dean 

of the College of Fine Arts between $69,000 and $83,000 more annually than Dr. 

MacCorquodale, paid the Dean of the College of Education between $88,000 and $98,500 

more annually, and paid the Dean of the Graduate College between $32,500 and $42,000 

more annually. Each of these deans was less experienced than her in their respective roles.

34. Dr. MacCorquodale’s position as Dean of the Honors College entailed at 

least the same level of skill, effort, and responsibility as was required of her male 

counterparts. During the 2015-16 academic year, the Honors College enrolled 4572 

students – more than the combined graduate and undergraduate enrollment of every college 

at the University but three.2 Dr. MacCorquodale was personally responsible for building 

and maintaining relationships not just with the faculty in her college but also with faculty 

throughout the University. She also had considerable responsibility for the well-being of 

 

2 The Colleges of Management, Science, and Social and Behavioral Sciences enrolled 

more students.

Case 4:18-cv-00028-RCC Document 1 Filed 01/22/18 Page 8 of 20
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

9

her students, beyond their academic work, that was not shared by other academic deans. 

Moreover, she had few support staff than deans of similarly-sized or smaller colleges, 

requiring her to become more deeply involved in every aspect of the Honor College’s 

operations, from student recruitment to coordination with Residence Life.

35. At her 2015 performance review, Dr. MacCorquodale highlighted for 

Provost Comrie that there remained substantial differences in pay between her 2014-2015 

salary and the salaries of comparable male deans, including the Dean of the College of Fine 

Arts, the Dean of the College of Education, and the Dean of the Graduate College – and 

that these differences persisted despite her status as the second-longest serving dean. The 

Dean of the College of Fine Arts, who only had a little over six years of experience as dean 

(ten years less than Dr. MacCorquodale), earned $83,000 more than Dr. MacCorquodale; 

the Dean of the College of Education, who had approximately twelve years of experience 

as dean (four years less than Dr. MacCorquodale), earned $98,449 more; and the Dean of 

the Graduate College, who had around three years of experience as dean (thirteen years 

less), earned $42,000 more.

36. The University ultimately agreed to adjust Dr. MacCorquodale’s salary in 

February 2016 by $26,000. She interpreted the University’s action as progress toward 

taking her concerns seriously, but this measure still did not make her salary commensurate 

with the salaries of male deans. When she reviewed the available pay data later, Dr. 

MacCorquodale realized this raise merely brought her salary into line with that of regular 

faculty in her academic department, based on her seniority, academic productivity, and 

service to the University. 

37. In other words, before the adjustment, the University paid Dr. 

MacCorquodale thousands of dollars less than faculty members in her department who did 

not have deanships. After the adjustment, she still made substantially less than her male 

dean counterparts.

38. After Dr. MacCorquodale was forced to step down as Dean in September 

2016, the University appointed Dr. Elliott Cheu, an associate dean in the College of Science, 

Case 4:18-cv-00028-RCC Document 1 Filed 01/22/18 Page 9 of 20
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

10

to serve as Interim Dean of the Honors College for the 2016-2017 academic year. At the 

time of his appointment, Dr. Cheu did not have any prior experience as the dean of a college, 

having only served as an associate dean since 2008, and he had considerably less tenure at 

the University than Dr. MacCorquodale. 

39. Dr. MacCorquodale learned shortly after she was forced to step down that 

the University offered Dr. Cheu a base full-time equivalent salary of approximately 

$275,000 – over $100,000 more than she was paid over the 2015-16 academic year – to 

serve only as interim dean. This enormous difference also represented a $90,000 increase 

over his salary as an associate dean. Notably, he made more as an associate dean than she 

did as a dean.

40. In July 2017, the University announced that it had appointed Dr. Terry Hunt, 

an anthropologist and Dean of the University of Oregon Honors College, as the new Dean 

of the Honors College at the University of Arizona. Dr. Hunt joined the UA with 

substantially less experience as a dean than Dr. MacCorquodale. Dr. Hunt served as Dean 

of the University of Oregon Honors College for only five years, during which time he had 

overseen a college of 800 honors students – less than 20% of the students at the University 

of Arizona Honors College. The University pays Dr. Hunt an annual salary of $230,000 –

nearly $70,000 more than it paid Dr. MacCorquodale over the course of the 2015-16 

academic year.

41. Dr. MacCorquodale’s pay concerns were not limited to her own experiences. 

Upon information and belief, the University of Arizona has engaged in similar pay 

discrimination against other female deans by assigning them lower salaries than their male 

peers and refusing to make equity adjustments or, in some cases, not giving them any raises 

at all for periods of several years. A common decision-maker – the University Provost –

was responsible for all pay decisions for all deans University wide. 

42. The preferential treatment given to Dr. Cheu and Dr. Hunt – Dr. 

MacCorquodale’s immediate successors – at her expense plainly shows that the striking 

Case 4:18-cv-00028-RCC Document 1 Filed 01/22/18 Page 10 of 20
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

11

salary differentials between male and female deans at the University cannot be attributed 

to legitimate distinctions among the dean positions. Instead, they are based on gender.

D. The University’s Retaliation

43. Dr. MacCorquodale consistently complained of her unfairly low salary since 

around the time she was appointed Dean of the Honors College.

44. During Dr. MacCorquodale’s annual review with Provost Comrie in August 

2015, Dr. MacCorquodale raised further complaints of unequal pay. She also informed 

Provost Comrie that she would step down as Dean of the Honors College at the end of the 

2016-2017 academic year, which marked the expiration of her five-year term as Dean. She 

notified him that she could not commit to another five-year contract, but indicated her 

intent to serve through the end of her term.

45. Provost Comrie and Dr. MacCorquodale agreed to these terms, after several 

rounds of negotiations, and, in February 2016, he notified her that he had memorialized the 

transition plan in a letter. While Dr. MacCorquodale did not receive a signed copy of the 

letter, she felt reassured that the plan had been committed to writing.

46. Accordingly, Dr. MacCorquodale began reaching out to faculty, alumni, 

donors and students to notify them of her intent to step down at the end of her term in June 

2017. 

47. However, at a meeting with Dr. MacCorquodale in May 2016, Provost 

Comrie unexpectedly announced that he would depart from the transition plan and instead 

would terminate her contract early, at the end of the 2015-2016 academic year. Not only 

did Provost Comrie’s actions violate the terms of their agreement, but this measure was 

also inconsistent with the University of Arizona’s policy of providing 90-day notice to 

employees, underscoring the fact that Dr. MacCorquodale’s termination was a marked 

departure from the University’s normal policies and practices. 

48. The University’s sudden refusal to honor the transition plan it had negotiated 

with Dr. MacCorquodale placed her in a difficult position, as it forced her to either reveal 

to faculty, alumni, donors, and students already aware of her departure plans that the 

Case 4:18-cv-00028-RCC Document 1 Filed 01/22/18 Page 11 of 20
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

12

University was pushing her out, or to retract her earlier statements without providing an 

explanation. In either case, Dr. MacCorquodale would have been – and was – subjected to 

considerable embarrassment and speculation about whether her termination was 

disciplinary in nature.

49. Despite the University’s unusual action of abruptly terminating her, Dr. 

MacCorquodale continued to work with Provost Comrie and others to ensure a smooth 

transition. In August 2016, Provost Comrie and Dr. MacCorquodale reached a new 

agreement in which she would teach or supervise the internship experience course for 

Honors students and assist the interim Dean with transition-related activities.

50. Around December 2016, Interim Dean Cheu instructed Dr. MacCorquodale 

not to supervise internships for Honors students, in violation of the transition agreement 

she had reached with Provost Comrie. Moreover, Dr. Cheu eliminated her Honors teaching 

assignment and informed her that she needed to apply in the future to teach specific courses, 

despite her status as Dean Emerita of the College and longstanding history of teaching 

Honors courses.

51. Notably, Provost Comrie failed to intervene on Dr. MacCorquodale’s behalf 

to restore the terms of her transition agreement. In light of her exceptional reputation at 

the Honors College, Provost Comrie’s continued unwillingness to advocate for Dr. 

MacCorquodale and protect their agreement raises additional concerns about his 

motivations in terminating her deanship.

52. Dr. MacCorquodale has experienced severe emotional distress as a result of 

the University’s actions, as the speculation surrounding her departure has impacted 

negatively her professional reputation and her relationships with countless friends, 

colleagues, students and alumni. Moreover, Provost Comrie’s failure to address Dr. Cheu’s 

unjustified removal of Dr. MacCorquodale’s responsibilities at the Honors College has 

exacerbated the considerable stress and anxiety she already felt as a result of the sudden 

end to her affiliation with the Honors College. 

//

Case 4:18-cv-00028-RCC Document 1 Filed 01/22/18 Page 12 of 20
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

13

//

E. The University’s Pattern of Discriminatory Misconduct Toward Female 

Deans

53. Pay discrimination is part of a broader pattern of discrimination against 

female deans. The Deans’ Council, led by Provost Comrie, is primarily composed of men. 

Among the eighteen academic deans at the University of Arizona, there have been, at most, 

five female deans, including Dr. MacCorquodale, within the past three years. For the 

current 2017-2018 academic year, there are only three female deans, with a fourth serving 

in an interim capacity. 

54. The University’s leadership, and Provost Comrie in particular, has 

perpetuated a culture that marginalizes, demeans, and undervalues women. The University 

has discriminated against women by allowing its predominantly male leadership to favor 

men overtly in pay and subjecting women to differential treatment. Unlike the male deans, 

female deans have been subjected to sexist comments and increased scrutiny over their 

performance, and their contributions have been overlooked by the Provost.

55. Upon information and belief, Provost Comrie has a history of making sexist 

and demeaning comments towards female deans. For example, in a meeting with a female 

dean, Provost Comrie inappropriately criticized her appearance, stating that she should 

wear skirts more often – a comment that was wholly irrelevant to her job. In the same 

meeting, he also told this female dean that another female dean had a “Hillary Clinton 

complex.” As a result of such misconduct, at least one female dean left her deanship at 

least in part to escape discriminatory misconduct by Provost Comrie. A departing female 

dean remarked that she believed that her college would be treated better by Provost Comrie 

if she were succeeded by a man.

56. Provost Comrie’s bias against female deans was particularly pronounced at 

meetings of the Deans’ Council. Under Provost Comrie’s leadership, these meetings were 

driven primarily by men. Whereas Provost Comrie often solicited the participation of male 

deans, female deans had to make considerable efforts to participate in discussions. Provost 

Case 4:18-cv-00028-RCC Document 1 Filed 01/22/18 Page 13 of 20
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

14

Comrie routinely disregarded the input and contributions of female deans, and only after 

they were echoed by male deans would he pay any attention. Indeed, the 

overrepresentation of men in the Deans’ Council is the product of continuing systemic 

discrimination against female employees, epitomizing and perpetuating an old boys’ club 

atmosphere at the highest levels of the University’s academic leadership.

57. Provost Comrie’s conduct is particularly notable and alarming in light of his 

near-total control over deans’ pay. Provost Comrie’s attitude and behavior towards women 

played a prominent role in his compensation decisions and refusal to make appropriate 

equity adjustments for women who were underpaid relative to their male peers.

V. COLLECTIVE ACTION ALLEGATIONS (EQUAL PAY ACT)

58. The University has engaged in systemic gender discrimination against its 

female deans. The University has caused, contributed to, and perpetuated gender-based 

pay disparities through common policies, practices and procedures, including but not 

limited to common compensation and performance management policies, and centralized 

decision-making in the Office of the Provost.

59. Dr. MacCorquodale re-alleges and incorporates by reference each and every 

allegation in the previous paragraphs alleging common practices and procedures resulting 

in unequal pay earned by female deans at the UA.

60. Dr. MacCorquodale brings collective claims alleging violations of the EPA, 

as a collective action pursuant to 20 U.S.C. § 216(b) on behalf of all members of the EPA 

Collective Action Class. The EPA Collective Action Class consists of all female 

employees who are or have been employed by Defendant as a dean at the University of 

Arizona going back three years from the dates they join this action, plus any additional 

tolling ordered by the Court.3

 

3 The three-year period is based on the FLSA/EPA’s three-year statute of limitations for 

willful violations, 29 U.S.C. § 255(a). 

Case 4:18-cv-00028-RCC Document 1 Filed 01/22/18 Page 14 of 20
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

15

61. Dr. MacCorquodale seeks to represent all female deans at the University, and 

maintains that they were paid less than male deans for performing substantially equivalent 

work. The systemic gender discrimination described in this Complaint has been, and is, 

continuing in nature.

62. Counts for violation of the EPA may be brought and maintained as an “optin” collective action pursuant to 29 U.S.C § 216(b) because Plaintiff’s claims are similar 

to the claims of the EPA Collective Action Class.

63. Dr. MacCorquodale and the EPA Collective Action Class are similarly 

situated under the EPA because they (a) share common job positions and responsibilities 

and (b) are subject to Defendant’s common compensation policies, practices, and 

procedures and centralized decision-making that resulted in unequal pay based on sex. 

Because of these common practices, Defendant failed to compensate female deans at a 

level commensurate with male deans who perform substantially equal work in equivalent 

job positions.

COUNT 1

VIOLATION OF THE FAIR LABOR STANDARDS ACT OF 1938, AS 

AMENDED BY THE EPA, 29 U.S.C. §§ 206(d), 216(b)

DENIAL OF EQUAL PAY FOR EQUAL WORK

(On Behalf of Plaintiff, in Her Individual and Representative Capacities, and the 

EPA Collective Action Class)

64. Plaintiff re-alleges and incorporates by reference each and every allegation 

contained in the previous paragraphs of this Complaint as if fully set forth herein.

65. This Count is brought on behalf of Plaintiff in her individual and 

representative capacities, and EPA Collective Action Plaintiffs.

66. Defendant has discriminated against Plaintiff and the EPA Collective Action 

Class in violation of the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 206, et seq., as 

amended by the EPA. Defendant has paid Plaintiff and the EPA Collective Action Class 

less than similarly-situated male colleagues performing equal work in comparable job 

Case 4:18-cv-00028-RCC Document 1 Filed 01/22/18 Page 15 of 20
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

16

positions, which require equal skill, effort, and responsibility and which are performed 

under similar working conditions.

67. Defendant subjected Plaintiff and the EPA Collective Action Class to 

common discriminatory pay policies and other forms of discrimination affecting pay.

68. The differential in pay between male and female employees was not due to 

seniority, merit, or quantity or quality of production, but rather was due to gender.

69. Defendant caused, attempted to cause, contributed to, or caused the 

continuation of the wage rate discrimination based on sex in violation of the EPA. 

Moreover, the foregoing conduct constitutes a willful violation of the EPA within the 

meaning of 29 U.S.C. § 255(a). Because Defendant has willfully violated the EPA, a threeyear statute of limitations applies to such violations, pursuant to 29 U.S.C. § 255.

70. As a result of Defendant’s conduct alleged in this Complaint, Plaintiff and 

the EPA Collective Action Class have suffered and will continue to suffer harm, including 

but not limited to: lost earnings, lost benefits, and other financial loss, as well as noneconomic damages. 

71. By reason of Defendant’s discrimination, Plaintiff and the EPA Collective 

Action Class are entitled to all legal and equitable remedies available for violations of the 

EPA including back pay, liquidated damages, prejudgment interest, attorneys’ fees, costs, 

and other compensation pursuant to 29 U.S.C. § 216(b). 

COUNT 2

VIOLATION OF THE FAIR LABOR STANDARDS ACT OF 1938, AS 

AMENDED BY THE EPA, 29 U.S.C. §§ 215(a)(3), 216(b)

RETALIATION

(On Behalf of Plaintiff)

72. Plaintiff re-alleges and incorporates by reference each and every allegation 

contained in the previous paragraphs of this complaint

73. Plaintiff engaged in protected activity under the EPA by complaining to 

Defendant about gender discrimination in compensation.

Case 4:18-cv-00028-RCC Document 1 Filed 01/22/18 Page 16 of 20
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

17

74. Because of these complaints, Defendant terminated Plaintiff’s tenure as Dean 

of the Honors College earlier than the previously agreed-upon date for Plaintiff to step 

down as down as Dean. Defendant also engaged in other retaliatory conduct.

75. By reason of Defendant’s discrimination, Plaintiff is entitled to all legal and 

equitable remedies available for violations of the EPA including back pay, liquidated 

damages, prejudgment interest, attorneys’ fees, costs, and other relief pursuant to 29 U.S.C. 

§ 216(b).

VI. PRAYER FOR RELIEF 

WHEREFORE, Plaintiff, on her own behalf and on behalf of the EPA Collective 

Action Class, prays that this Court:

A. Certify the claims in Count 1 as a collective action under the EPA on behalf 

of Plaintiff and the EPA Collective Action Class; designate Plaintiff as representative of 

the EPA Collective Action Class; promptly issue notice pursuant to 29 U.S.C. § 216(b) to 

all similarly situated members of the Collective Action, which (1) apprises them of the 

pendency of this action and (2) permits them to assert timely EPA claims in this action by 

filing individual Consent to Join forms pursuant to 29 U.S.C. § 216(b); and toll the statute 

of limitations on the claims of all members of the Collective from the date the original 

Complaint was filed until the Collective Action members are provided with reasonable 

notice of the pendency of this action and a fair opportunity to exercise their right to opt in 

as Collective Action Plaintiffs;

B. Declare and adjudge that Defendant’s employment policies, practices, and/or 

procedures challenged herein are illegal and in violation of the rights of Plaintiff and 

members of the EPA Collective Action Class;

C. Issue an injunction against Defendant and its partners, officers, trustees, 

owners, employees, agents, attorneys, successors, assigns, representatives, and any and all 

persons acting in concert with it from engaging in any conduct violating the rights of 

Plaintiff, and those similarly situated as secured by the Equal Pay Act, and order such 

injunctive relief as will prevent Defendant from continuing its discriminatory practices and 

Case 4:18-cv-00028-RCC Document 1 Filed 01/22/18 Page 17 of 20
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

18

from engaging in any further unlawful practices, policies, customs, usages, and gender 

discrimination as set forth herein;

D. Order Defendant to adjust the wage rates and benefits for members of the 

EPA Collective Action Class to the level that they would be enjoying but for Defendant’s 

discriminatory policies, practices, and/or procedures;

E. Award back pay, front pay, lost benefits, and other damages for lost 

compensation and job benefits suffered by Plaintiff and members of the EPA Collective 

Action Class, in an amount not less than $1,000,000;

F. Award compensatory and liquidated damages to Plaintiff and members of 

the EPA Collective Action Class, in an amount not less than $1,000,000;

G. Order Defendant to make Plaintiff and members of the EPA Collective 

Action Class whole by providing them with any other monetary and affirmative relief, 

including relief necessary to compensate Plaintiff for the harm incurred to her reputation 

and for emotional distress;

H. Award litigation costs and expenses, including, but not limited to, reasonable 

attorneys’ fees, to Plaintiff and members of the EPA Collective Action Class;

I. Award Plaintiff and members of the EPA Collective Action Class all prejudgment interest and post-judgment interest available under law;

J. Award Plaintiff and members of the EPA Collective Action Class any other 

appropriate equitable relief, including equitable relief necessary to repair damage caused 

by Defendant to Plaintiff’s reputation;

K. Order that this Court retain jurisdiction of this action until such time as the 

Court is satisfied that the Defendant has remedied the practices complained of herein and 

such practices are determined to be in full compliance with the law; and

L. Award additional and further relief as this Court may deem just and proper.

//

VII. JURY DEMAND

Plaintiffs demand a trial by jury on all issues triable of right by jury.

Case 4:18-cv-00028-RCC Document 1 Filed 01/22/18 Page 18 of 20
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

19

Dated: January 22, 2018 Respectfully submitted,

/s/ Merle Joy Turchik

Merle Joy Turchik (AZ Bar No. 011130)

TURCHIK LAW FIRM, P.C.

David Sanford (Pro Hac Vice 

forthcoming)

Andrew Melzer (Pro Hac Vice 

forthcoming)

James E. Richardson (Pro Hac Vice 

forthcoming)

SANFORD HEISLER SHARP, LLP

Attorneys for Plaintiff and the EPA 

Collective Action Class

Case 4:18-cv-00028-RCC Document 1 Filed 01/22/18 Page 19 of 20
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

20

[Continued from Caption Page]

James E. Richardson (NY Bar No. 4810735, Pro Hac Vice forthcoming)

Sanford Heisler Sharp, LLP

111 Sutter Street, Suite 975

San Francisco, CA 94104

jrichardson@sanfordheisler.com 

Telephone: (415) 795-2024

Facsimile: (415) 795-2021

Andrew Melzer (NY Bar No. 4270682, Pro Hac Vice forthcoming)

Sanford Heisler Sharp, LLP

1350 Avenue of the Americas, 31st Fl

New York, NY 10019

amelzer@sanfordheisler.com

Telephone: (646) 402-5657

Facsimile: (646) 402-5651

Attorneys for Plaintiff and the EPA Collective Action Class

Case 4:18-cv-00028-RCC Document 1 Filed 01/22/18 Page 20 of 20