Laura Rumpler’s lawsuit alleges NIC President Nick Swayne created a toxic working environment and the two trustees failed to follow Idaho law and college policy to resolve the matter.
COEUR D’ALENE, IDAHO – According to a lawsuit filed on February 21, 2024, by former North Idaho College (NIC) Chief Communications and Government Relationship Officer Laura Rumpler, the refusal by Trustees Tarie Zimmerman and Brad Corkill to enter into executive session to consider her workplace grievance deprived her of due process under the law.
Because Trustees Zimmerman and Corkill, acting under color of state law, prejudged Rumpler’s Grievance, maintained a clear bias against Rumpler and her Grievance, and have refused to vote to go into executive session regarding Rumpler’s Grievance on no less than five (5) occasions, Rumpler has been denied her right to due process of law prior to the deprivation of her property and liberty interests.”
Laura Rumpler’s Complaint for Damages, Section 70
The complaint spells out the Idaho statute and NIC board policy that apply to Rumpler’s situation:
- Idaho Code §74-206(1)(b) and NIC Board Policy 2.01.03 require that NIC’s Board, and each of its Trustees, go into executive session to consider issues pertaining to a grievance or personnel matter raised by an NIC faculty or staff member so that the Board and its Trustees can properly perform their duties and functions and preserve the confidentiality of the grievance or personnel matter as required by Idaho law.
- Idaho Code §74-206(1) provides that “[a]n executive session shall be authorized a two-thirds (2/3) vote of the governing body.” Section 74-206(1) also provides that a roll call vote shall be made, and the vote shall be recorded in the minutes.
- NIC’s Board has five trustees. Thus, to go into executive session, at least four Trustees must vote in favor of the executive session.
- If the Trustees fail or otherwise refuse to go into executive session when a personnel matter or grievance must be addressed, they deprive NIC faculty and staff who raise personnel matters or file a grievance due process under the law. And, if they consider any aspect of the personal matter or grievance in open session, they risk unlawful public disclosure of private and confidential personnel information.
The substance of the lawsuit alleges that Rumpler was subjected to “toxic, retaliatory, and harassing conduct” that left her with “no choice but to pursue a grievance,” and that the grievance “indicated a desire to resolve her claim in a reasonable manner that would not impact NIC’s accreditation issues.”
According to the court document, Rumpler submitted a grievance to NIC on June 7, 2023, regarding a “confidential matter that involved President Swayne and then Chief Human Resource Officer Karan Hubbard.” It goes on to state, “Rumpler claimed President Swayne and Chief Human Resources Officer Karen Hubbard engaged in tortious, harassing, and retaliatory conduct when she participated in the defense of a lawsuit President Swayne had brought against NIC regarding the Board’s decision to place him on administrative leave.”
The submission of this grievance led the NIC board to vote to hire an investigator on August 23, 2023, and it took nearly five months before a confidential report was produced. This is the report that Swayne sued the college to obtain after NIC refused his public records request. According to Rumpler’s lawsuit, she maintains the grievance, report, and all related documents are “private, confidential, and exempt from disclosure under Idaho Code §74-106(1).” Regardless, the court ordered NIC to provide the confidential report to Swayne in January 2024.
According to court documents, “Trustee Zimmerman vowed that the Board’s consideration of the Rumpler Grievance would not happen in executive session. In response to then Chair McKenzie’s statement that certain issues would be discussed in executive session, Trustee Zimmerman stated: ‘it’s not going to happen.’”
The complaint continued, “Trustees Zimmerman and Corkill are conspiring against Rumpler and any attempt by Rumpler to resolve her Grievance in a reasonable manner (as Rumpler had earlier expressed) so that it would not impact NIC’s accreditation issues.” By preventing the proper consideration of her grievance, Rumpler claims the conduct by Zimmerman and Corkill left her with “no choice but to pursue a lawsuit against NIC, the Board, and its Trustees in order to receive due process under the law.”
In the complaint for damages, Rumpler stated she had been “subject to on-campus and community-wide attacks, both personally and professionally, that were disparaging and harmful” which caused her to be fearful for her physical safety.
Rumpler’s lawsuit further alleges that “continued retaliation by President Swayne and Chief Human Resources Officer Hubbard and the significant safety risks to which she was exposed” made it impossible to perform the functions of her job. This eventually led to her resignation. Rumpler is seeking at least $141,822.77 in lost wages and benefits, as well as a minimum of $75,000 for damage to her personal and professional reputation and emotional distress.
Swayne’s contract with NIC is in effect until July 31, 2025, and holds a provision that prohibits the board from ending his employment by majority vote. As previously reported, the employment contract, which was executed in 2022 by the three state appointed trustees over the objections of the two elected trustees, established a supermajority 4-1 vote to terminate the contractual agreement. There is no record of any other contractual agreement made by NIC containing this language.
The Kootenai Journal placed a public records request for the confidential report after the court required NIC to provide it to Swayne, however, the request was denied pursuant to Idaho Code section 74-106. This raises additional questions about the validity of the court’s order that required NIC to release the report to Swayne.
