Former College President Jan Cervelli files civil suit against Saint Mary’s

first_imgObserver File Photo Jan Cervelli, pictured, resigned as Saint Mary’s President on Oct. 5. Tuesday, Cervelli filed a lawsuit against the College claiming she was pressured to resign and the Saint Mary’s Board of Trustees did not honor its settlement agreement with her.The lawsuit claims that Saint Mary’s Board of Trustees chair Mary Burke pressured Cervelli to resign and that the College has not honored its settlement agreement, which stated Cervelli would receive status as a tenured professor and adequate pay and benefits in lieu of her resignation, with the possibility of a buy-out of her position.The Board of Trustees said in a statement Thursday that the Board has fulfilled its end of the settlement agreement with Cervelli.“The Saint Mary’s Board of Trustees is aware of, but not surprised by, the complaint that has been filed by former president Janice Cervelli,” Burke said in the statement. “We obviously disagree with the allegations raised by Ms. Cervelli’s lawyers, their descriptions of the agreements and their account of the facts. The Trustees have honored all of its agreements with Ms. Cervelli and has fulfilled all of its obligations to Ms. Cervelli as a tenured member of Saint Mary’s College faculty.”In the statement, Burke said the Board will “file a written response to the allegations with the appropriate court in due course,” and looks forward to resolving the dispute.According to the filed complaint, Cervelli claims Burke came to her around Sept. 30 with an “undated and unsigned” separation agreement calling for Cervelli’s immediate resignation. Burke required Cervelli to accept the resignation agreement by Oct. 5, or, according to the complaint, the Board would have terminated Cervelli without cause. In the complaint, Cervelli also claimed she had no indication of a desire for her resignation before being asked by Burke.During the Sept. 30 meeting, the suit alleges, Burke told Cervelli to not report to work and to tell everyone that she was on sick leave, which, according to the suit, was not true. The complaint also asserts Burke suggested Cervelli lie and attribute her resignation to caring for her mother.Burke said the College will not comment regarding specifics of Cervelli’s resignation.“As a matter of employee confidentiality and in accordance with Ms. Cervelli’s contract with the College, we will continue to refrain from commenting on the specifics involving her departure from the College,” Burke said.In her count alleging breach of contract, Cervelli argues Saint Mary’s has neglected their obligations set in the settlement agreement regarding her position as a tenured faculty member, her right to compensation and employment benefits, her right to reinstatement to faculty and her right to severance payments.Cervelli and the College entered into a settlement agreement where both parties agreed that Cervelli would “continue her position as tenured member of the faculty” and would be paid “in an amount equal to the highest paid professor at Saint Mary’s.” The agreement also stated the College would “pay Cervelli certain severance pay and benefits for twelve months, beginning Jan. 1, 2019.”On Jan. 31, according to the lawsuit, Cervelli’s counsel sent a letter to the College demanding payment for the unpaid wages. The lawsuit claims that to date, Saint Mary’s has not paid Cervelli the unpaid wages.Cervelli is petitioning for tenure, all compensation and employment benefits, and is requesting that the court either orders her reinstatement to the Saint Mary’s faculty where she can continue her employment until her resignation or retirement, or continued severance payments under the settlement agreement.Cervelli is also suing the College for breaching its duty of good faith and fair dealing for three reasons: the College‘s failure to pay her salary, refusal to recognize her position as tenured faculty and attempts to prevent Cervelli from disclosing her position as tenured faculty, according to the complaint. The lawsuit is currently pending.Tags: breach of contract, Jan Cervelli, lawsuit, resignation, Saint Mary’s College Former College President Jan Cervelli filed a civil lawsuit against Saint Mary’s on Tuesday, alleging members of the Saint Mary’s Board of Trustees pressured her to resign and did not honor their settlement agreement with her.According to the complaint filed in the St. Joseph County Superior Court, Cervelli is suing the College on counts of breach of contract, declaration of rights and injunction, violation of Indiana’s Wage Payment Statute and breach of duty of good faith and fair dealing. Cervelli is requesting compensation for damages resulting from the College’s breach of contract and a declaration of her rights pursuant to her contracts, the complaint said.The complaint details the events leading to Cervelli’s resignation and asserts Saint Mary’s has not honored the terms of her employment agreement. The suit also revealed Cervelli and Saint Mary’s entered into a settlement agreement at the time of her resignation.last_img read more

How the election will impact 2021 payments strategy

first_imgLet’s begin by stating the obvious: This will not be a normal election season. As it has for so many aspects of everyday life, COVID-19 has radically altered the basics of voting—from a huge uptick in advance and absentee ballots to the near-elimination of traditional campaign rallies.We know that markets hate uncertainty—and that’s one thing in ample supply these days. Uncertainty creates hesitancy to invest in initiatives that could be upended based on the election outcome. This is especially problematic in our current environment, with so many critical issues clamoring to be addressed.While attempting to avoid the partisan fault lines, let’s consider how November’s election results could alter the payments landscape for banks and credit unions in 2021 and beyond.In a Highly Regulated Industry, Regulation MattersIt seems clear that the coronavirus pandemic will prompt some form of legislative and/or regulatory action impacting financial services. Bear in mind that the Federal Reserve has already restricted dividend payouts and share buybacks for the nation’s largest banks in an effort to preserve capital. Recall also that the Dodd-Frank Act was passed in response to our last economic downturn. Some type of banking reform almost certainly would have been passed in 2009 even if the GOP had controlled Congress and the White House, but it might have looked quite different. This post is currently collecting data… This is placeholder text continue reading »center_img ShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblrlast_img read more

GOLF: Back pain forces withdrawal of Tiger Woods in Honda Classic

first_imgThe road to the Masters got off to a bumpy start for Tiger Woods when he withdrew from the Honda Classic with what he said was a lower back injury.Woods was five-over par for the final round when he shook hands with Luke Guthrie on the 13th green and told him he was finished. It was the farthest point at PGA National, and the tournament sent a van to collect Woods and his family.Police kept the media from the car park.He was battling out there. It’s not like he was throwing in the towel. He was still tryingLUKE GUTHRIE”He just came over and said, ‘I can’t go anymore. It was a pleasure playing with you,”‘ said Guthrie, who was paired with Woods the past two days. “I just said, ‘Take it easy. Feel better.’ Pretty uneventful.”American Russell Henley won with a birdie at the first hole of a four-way play-off, denying Rory McIlroy in a tournament he had led for three rounds.enley rolled in his birdie putt at the par-five 18th for the victory after Northern Ireland’s two-time major champion McIlroy, Scotland’s Russell Knox and American Ryan Palmer had all parred the par-five that served as the decider. The speculation over Woods’ future is bound to grow in the run-up to the Masters next month.Woods said through spokesman Glenn Greenspan it was a lower back problem that had started on Sunday morning as he was warming up. He was to defend his title this week in the Cadillac Championship.”Too early to tell,” Woods said about playing this week at Doral. “I’ll get treatment every day to try to calm it down. Just don’t know yet. Wait until Thursday and see how it feels.”Woods has played a limited schedule this year – 10 complete rounds. He was to play twice more before the Masters on April 10-13.Woods said the spasms were similar to what he felt last August at The Barclays, where he dropped to his knees after hitting one shot. Woods finished that tournament in a tie for second, one shot behind Adam Scott. It was the second time in two years that Woods has walked off the course in the middle of the final round.He quit after 11 holes at Doral when he was well out of contention – and then won Bay Hill two weeks later for his first PGA Tour title since his return from his personal chaos.Guthrie said he could tell early on in the round that something was not right with Woods.”He made a couple of uncharacteristic shots – the first on three kind of was the first one,” Guthrie said.”I didn’t know if he wasn’t feeling the greatest, and it kind of seemed like he might have been protecting – came up and out of it. I didn’t think much of it until maybe 11. I noticed he was bending down gingerly. “He didn’t mention it to me,” Guthrie said. “Obviously, he wasn’t playing the greatest. I wasn’t playing the greatest. He was battling out there. It’s not like he was throwing in the towel. He was still trying.”last_img read more