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Lawrence v. Projuct C.U.R.E.

2/9/2001



Rendered on the 9th day of February, 2001.


Deborah G. Lawrence is appealing from the granting of summary judgment in favor of defendants, Project C.U.R.E. and the four individual defendants named in her complaint.


The history of this extended litigation, the facts involved in the case, and the decision of the trial court are set forth in full in its decision granting summary judgment, as follows:


This matter is before the Court on Plaintiff's Motion for Leave to File Second Amended Complaint filed on May 11, 1999. Attorney Frank Payson filed a Motion to Withdraw as Counsel on July 7, 1999. Defendants' Motion for Summary Judgment and Appendix to Defendants' Motion for Summary Judgment were filed on June 1, 2000. On June 7, 2000, a Supplemental Appendix to Defendants' Motion for Summary Judgment was filed. On June 19, 2000, Plaintiff filed a self-titled Motion for an Order Against Defendants Attorney(s) Conduct and Behavior and to Deny Defendants a Summary Judgment. Defendants then filed a Memorandum in Support of Their Motion for Summary Judgment and Memorandum in Opposition to Plaintiff's "Motion for an order against Defendants Attorney(s) conduct and behavior" on June 29, 2000. Plaintiff filed a Plaintiff's Response to "Defendants' Memorandum in Support of Their Motion for Summary Judgment and Memorandum in Opposition to Plaintiff's Motion for an Order Against Defendants' Attorney(s)' Conduct and Behavior (Sic)" in Terms of a Motion to Suppress by Plaintiff filed on July 12, 2000. This matter is properly before the Court.


I. FACTS


Pro se Plaintiff Deborah Lawrence filed this lawsuit on November 28, 1998, against her former employer, Project C.U.R.E., Inc., and its Board of Directors, including Board Chair Delores Winslow, Executive Director Zelretta Skelton, Medical Supervisor Sharon Candler, and Accounting Consultant Prentice Alexander (hereinafter "Defendants").


Plaintiff's claims arise out of her employment with and separation from Defendants on November 20, 1998.


Plaintiff's employer, Project C.U.R.E. (hereinafter "the employer"), is a non-profit organization that provides counseling, rehabilitation and other support services for recovering alcoholics and drug users. Approximately 90% of the employer's staff are African American, including the Plaintiff and all of her supervisors. The employer hired Plaintiff in August 1998, as its accounting clerk. Plaintiff executed an employment application at the time she was hired that acknowledged that her employment was at-will.


In July 1996, the employer was faced with financial challenges that resulted in the hiring of a consulting firm to conduct an assessment of the entire operation of the employer. The Defendants allege that as a result of this assessment, Plaintiff's position was eliminated, and thus she was terminated.


The employer also had a tuition reimbursement policy under which employees with prior approval from the Executive Director are eligible for reimbursement of their tuition for career-related courses upon completion of the course with a grade of "C" or above. This policy was also affected by the austerity program, which froze the policy.


On March 24, 1999, Attorney Frank Payson entered an appearance on behalf of the Plaintiff. On May 11, 1999, he filed a Motion for Leave to File Second Amended Complaint, in which Plaintiff asserted causes of action for: 1) race discrimination under Ohio Revised Code Chapter 4112; 2) defamation; 3) sex discrimination under Ohio Revised Code Chapter 4112; 4) hostile work environment sexual harassment; 5) acquiescence to sexual harassment; 6) retaliation; 7) breach of contra

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