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WVU sued for alleged discrimination, retaliation

A former West Virginia University employee claims she was retaliated against after asking for an investigation into misuse of funds by the Mountaineer Maniacs and reporting what she believed was a cover-up of a hazing-related death.

Barbara A. Copenhaver-Bailey also claims she faced discrimination and harassment because of her age and disability.

“The university has reviewed Ms. Bailey’s allegations and believe that they are without factual and legal merit,” said WVU Executive Director of Communications April Kaull. “The university intends to aggressively defend this matter through the litigation process.”

A lawsuit filed Thursday in Monongalia County Circuit Court, by attorney Jeremy Donham, on Copenhaver-Bailey’s behalf, names the WVU Board of Governors as defendants.

It seeks damages for monetary relief, compensatory and punitive damages, as well as pre-and-post judgment interest and attorneys’ fees. It also asks WVU be ordered to come up with and adopt policies to provide protections for employees who report hazardous or dangerous programs that harm or may harm students or employees.

Copenhaver-Bailey was hired in 1993 and in September 2008 became assistant vice president for student success, according to the suit.

While in that role, the suit states she repeatedly sought audits and investigations of the Mountaineer Maniacs and Greek Life, raising the issue with multiple people within WVU. Copenhaver-Bailey believed the maniacs were mishandling funds because the group only took cash for its memberships, which numbered in the thousands. The suit states there were allegations the leadership of the maniacs were buying alcohol for underage drinking and it was known by WVU leadership.

After a student died of severe alcohol poisoning in November 2014, Copenhaver-Bailey reported what she believed was “a cover-up by high level parties at WVU but no one would listen.”

Following two meetings where she discussed the hazing incident and “Greek issues” Copenhaver-Bailey was demoted without it affecting her salary in June 2016, according to the suit.

In February 2017, Corey Farris, dean of students, her boss, said she was going to be “loaned out” to “student conduct.” Farris denied an opportunity for Copenhaver-Bailey to work in her area of expertise in April, the suit states.

Then the budget of her department as director of assessment was removed in August and in October, she told Farris she felt she was being “black-balled” during a performance review meeting. In November, Copenhaver-Bailey spent time in the hospital for stress and was on family medical leave from November 29, 2017, to March 30, 2018, and then extended it to September 1, 2018.

In August, Copenhaver-Bailey learned the departments she used to supervise were put back together and someone younger and with less experience, was being given the job. She then applied for and was approved for more medical leave until the end of that November.

In March 2019, Copenhaver-Bailey was told her job was being reclassified and she would be paid $59,478 a year. Previously she was making $118,000, the lawsuit states.

A grievance filed with the university was denied. The university also failed to take action to stop the harassment against her, the suit states.

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