Case 3:20-cv-00106-M Document 54 Filed 07/27/20 Page 1 of 7 PageID 1328 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION ANE DOE NO. 1, JANE DOE NO. 2, AND JANE DOE NO. 3, PLAINTIFFS, v. TEXAS CHRISTIAN UNIVERSITY, DR. DIANE SNOW, DR. ANDREW SCHOOLMASTER, DR. ROB GARNETT, DR. DARRON TURNER, RUSSELL MACK, J.D., LEIGH HOLLAND and AARON CHIMBEL, DEFENDANTS § § § § § § § § § § § § § § § CIVIL ACTION NO. 3:20-cv-00106-M DEFENDANT TEXAS CHRISTIAN UNIVERSITY’S APPENDIX TO ITS REPLY BRIEF TO THE HONORABLE UNITED STATES DISTRICT JUDGE: Pursuant to District Court Local Civil Rule 7.1(i), Defendant Texas Christian University, files this Appendix to Defendant Texas Christian University’s Reply Brief to Plaintiffs’ Objection to Conversion to Summary Judgment and Omnibus Response to Defendants’ Motions to Dismiss. Exhibit 1 Document Jane Doe 1’s Charge of Discrimination DEFENDANT TEXAS CHRISTIAN UNIVERSITY’S APPENDIX TO ITS REPLY BRIEF I:\09300\0102\14O9909.DOC PAGE 1 OF 2 Case 3:20-cv-00106-M Document 54 Filed 07/27/20 Page 2 of 7 PageID 1329 Respectfully submitted, /s/ George C. Haratsis George C. Haratsis State Bar No. 08941000 gch@mcdonaldlaw.com Rory Divin State Bar No. 05902800 rd@mcdonaldlaw.com Jennifer Littman State Bar No. 00786142 jnl@mcdonaldlaw.com McDONALD SANDERS, A Professional Corporation 777 Main Street, Suite 2700 Fort Worth, Texas 76102 (817) 336-8651 (817) 334-0271 Fax ATTORNEYS FOR DEFENDANT TCU CERTIFICATE OF SERVICE The undersigned counsel certifies that the above and foregoing Appendix to Defendant Texas Christian University’s Reply Brief to Plaintiffs’ Objection to Conversion to Summary Judgment and Omnibus Response to Defendants’ Motions to Dismiss served by electronic mail on all counsel of record receiving electronic notice from the court’s ECF notification system on July 27, 2020. /s/ George C. Haratsis George C. Haratsis DEFENDANT TEXAS CHRISTIAN UNIVERSITY’S APPENDIX TO ITS REPLY BRIEF I:\09300\0102\14O9909.DOC PAGE 2 OF 2 Case 3:20-cv-00106-M Document 54 Filed 07/27/20 Page 3 of 7 PageID 1330 EXHIBIT 1 [Jane Doe 1’s Charge of Discrimination] Case 3:20-cv-00106-M Document 54 Filed 07/27/20 Page 4 of 7 PageID 1331 EEOC Form 5 (11/09) CHARGE OF DISCRIMINATION Charge Presented To: Agency(ies) Charge No(s): FEPA This form is affected by the Privacy Act of 1974. See enclosed Privacy Act Statement and other information before completing this form. X EEOC 450-2020-03915 TEXAS WORKFORCE COMMISSION CIVIL RIGHTS DIVISION and EEOC State or local Agency, if any Name (indicate Mr., Ms., Mrs.) Home Phone Street Address Year of Birth City, State and ZIP Code 1700 PACIFIC AVE., SUITE 3740, DALLAS, TX 75201 Named is the Employer, Labor Organization, Employment Agency, Apprenticeship Committee, or State or Local Government Agency That I Believe Discriminated Against Me or Others. (If more than two, list under PARTICULARS below.) Name Phone No. No. Employees, Members TEXAS CHRISTIAN UNIVERSITY - SCHOOL OF HONORS Street Address 201 - 500 City, State and ZIP Code TCU BOX 297022, TEXAS CHRISTIAN UNIV, TX 76129 Name Street Address City, State and ZIP Code DISCRIMINATION BASED ON (Check appropriate box(es).) X Phone No. No. Employees, Members RACE X COLOR SEX RETALIATION AGE DATE(S) DISCRIMINATION TOOK PLACE Earliest Latest RELIGION DISABILITY NATIONAL ORIGIN 01-17-2019 08-21-2019 GENETIC INFORMATION OTHER (Specify) CONTINUING ACTION THE PARTICULARS ARE (If additional paper is needed, attach extra sheet(s)): PERSONAL HARM: a. Starting on or around January 17, 2019 and throughout my tenure, I was paid significantly less than my white colleagues who performed work of substantially equal skill, effort and responsibility under similar conditions. I was also subjected to different terms and conditions of employment as compared to my white colleagues in that I was required to complete more labor-intensive tasks while my white colleagues were given desk type jobs. b. On or around July 17, 2019, I filed a Title IX complaint and was subsequently subjected to retaliation in that my hours were reduced, and course credit was revoked. RESPONDENTS REASON FOR ADVERSE ACTION: a. No reason given. I want this charge filed with both the EEOC and the State or local Agency, if any. I will advise the agencies if I change my address or phone number and I will cooperate fully with them in the processing of my charge in accordance with their procedures. I declare under penalty of perjury that the above is true and correct. NOTARY – When necessary for State and Local Agency Requirements I swear or affirm that I have read the above charge and that it is true to the best of my knowledge, information and belief. SIGNATURE OF COMPLAINANT Digitally signed by on 05-14-2020 01:10 PM EDT SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE (month, day, year) Case 3:20-cv-00106-M Document 54 Filed 07/27/20 Page 5 of 7 PageID 1332 EEOC Form 5 (11/09) CHARGE OF DISCRIMINATION Charge Presented To: Agency(ies) Charge No(s): FEPA This form is affected by the Privacy Act of 1974. See enclosed Privacy Act Statement and other information before completing this form. X EEOC 450-2020-03915 TEXAS WORKFORCE COMMISSION CIVIL RIGHTS DIVISION and EEOC State or local Agency, if any b. No reason given. DISCRIMINATION STATEMENT: I believe that I have been discriminated against because of my race, black, in violation of Title VII of the Civil Rights Act of 1964, as amended and retaliated against in violation of Section 704(a) of Title VII of the Civil Rights Act of 1964, as amended. I want this charge filed with both the EEOC and the State or local Agency, if any. I will advise the agencies if I change my address or phone number and I will cooperate fully with them in the processing of my charge in accordance with their procedures. I declare under penalty of perjury that the above is true and correct. NOTARY – When necessary for State and Local Agency Requirements I swear or affirm that I have read the above charge and that it is true to the best of my knowledge, information and belief. SIGNATURE OF COMPLAINANT Digitally signed by on 05-14-2020 01:10 PM EDT SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE (month, day, year) Case 3:20-cv-00106-M Document 54 Filed 07/27/20 Page 6 of 7 PageID 1333 CP Enclosure with EEOC Form 5 (11/09) PRIVACY ACT STATEMENT: Under the Privacy Act of 1974, Pub. Law 93-579, authority to request personal data and its uses are: 1. FORM NUMBER/TITLE/DATE. EEOC Form 5, Charge of Discrimination (11/09). 2. AUTHORITY. 42 U.S.C. 2000e-5(b), 29 U.S.C. 211, 29 U.S.C. 626, 42 U.S.C. 12117, 42 U.S.C. 2000ff-6. 3. PRINCIPAL PURPOSES. The purposes of a charge, taken on this form or otherwise reduced to writing (whether later recorded on this form or not) are, as applicable under the EEOC anti-discrimination statutes (EEOC statutes), to preserve private suit rights under the EEOC statutes, to invoke the EEOC's jurisdiction and, where dualfiling or referral arrangements exist, to begin state or local proceedings. 4. ROUTINE USES. This form is used to provide facts that may establish the existence of matters covered by the EEOC statutes (and as applicable, other federal, state or local laws). Information given will be used by staff to guide its mediation and investigation efforts and, as applicable, to determine, conciliate and litigate claims of unlawful discrimination. This form may be presented to or disclosed to other federal, state or local agencies as appropriate or necessary in carrying out EEOC's functions. A copy of this charge will ordinarily be sent to the respondent organization against which the charge is made. 5. WHETHER DISCLOSURE IS MANDATORY; EFFECT OF NOT GIVING INFORMATION. Charges must be reduced to writing and should identify the charging and responding parties and the actions or policies complained of. Without a written charge, EEOC will ordinarily not act on the complaint. Charges under Title VII, the ADA or GINA must be sworn to or affirmed (either by using this form or by presenting a notarized statement or unsworn declaration under penalty of perjury); charges under the ADEA should ordinarily be signed. Charges may be clarified or amplified later by amendment. It is not mandatory that this form be used to make a charge. NOTICE OF RIGHT TO REQUEST SUBSTANTIAL WEIGHT REVIEW Charges filed at a state or local Fair Employment Practices Agency (FEPA) that dualfiles charges with EEOC will ordinarily be handled first by the FEPA. Some charges filed at EEOC may also be first handled by a FEPA under worksharing agreements. You will be told which agency will handle your charge. When the FEPA is the first to handle the charge, it will notify you of its final resolution of the matter. Then, if you wish EEOC to give Substantial Weight Review to the FEPA's final findings, you must ask us in writing to do so within 15 days of your receipt of its findings. Otherwise, we will ordinarily adopt the FEPA's finding and close our file on the charge. NOTICE OF NON-RETALIATION REQUIREMENTS Please notify EEOC or the state or local agency where you filed your charge if retaliation is taken against you or others who oppose discrimination or cooperate in any investigation or lawsuit concerning this charge. Under Section 704(a) of Title VII, Section 4(d) of the ADEA, Section 503(a) of the ADA and Section 207(f) of GINA, it is unlawful for an employer to discriminate against present or former employees or job applicants, for an employment agency to discriminate against anyone, or for a union to discriminate against its members or membership applicants, because they have opposed any practice made unlawful by the statutes, or because they have made a charge, testified, assisted, or participated in any manner in an investigation, Case 3:20-cv-00106-M Document 54 Filed 07/27/20 Page 7 of 7 PageID 1334 proceeding, or hearing under the laws. The Equal Pay Act has similar provisions and Section 503(b) of the ADA prohibits coercion, intimidation, threats or interference with anyone for exercising or enjoying, or aiding or encouraging others in their exercise or enjoyment of, rights under the Act.