The North Idaho College submitted a Memo on Friday asking the Judge Cynthia Meyer to reconsider her preliminary injunction and allow them to fire President Swayne again.
President Swayne was hired by the three trustees appointed by the Idaho State Board of Education after trustees Christie Wood and Ken Howard resigned in 2022. After the three positions were filled by elected trustees, the board decided to put that President on leave while they considered his contract.
An Idaho court, however, ruled in a preliminary injunction that NIC could not put the President on leave. Because it is a preliminary injunction, this only lasts until the end of the trial. However, “Employment Injunctions Are Disfavored Absent Extraordinary Circumstances.”
More directly, the Memo claims that new evidence indicates that “Dr. Swayne’s testimony, most specifically regarding his alleged irreparable harm, lacks credibility. This new evidence and testimony – from members of Dr. Swayne’s own Cabinet.”
The Memo alleges that Dr. Swayne interfered in the lawsuit:
In addition, significant events have transpired to suggest that Dr. Swayne has attempted to interfere with NIC’s defense of this lawsuit. In particular, during a meeting for members of the President’s Cabinet on March 15, 2023, Dr. Swayne instructed members of the President’s Cabinet not to answer questions from NIC’s defense counsel on legal matters and not to speak to a member of the Board of Trustees or NIC’s general counsel at all. (Rumpler Decl. at ⁋ 3) Regarding issues of his ability to handle accreditation, he also told members of the President’s Cabinet to “stop digging” and to “tread lightly.” (Id.) He further advised that it is “stupid” to “create documents” in the middle of litigation. (Id.) These directives appear to be aimed at suppressing evidence in this case and preventing members of his Cabinet from disclosing his untruthful testimony.
The full Memo in favor of reconsideration can be found below:
