Glance at the 6 counts in Breuder's lawsuit

  • Kathy Hamilton, the chairman of the College of DuPage board of trustees, is named in count 3 of Robert Breuder's federal lawsuit.

      Kathy Hamilton, the chairman of the College of DuPage board of trustees, is named in count 3 of Robert Breuder's federal lawsuit. Daniel White | Staff Photographer

 
Daily Herald report
Updated 10/21/2015 5:11 PM

Ousted College of DuPage President Robert Breuder is suing the college and four current board members in federal court, alleging a series of six contractual and constitutional violations. Here's what he's alleging

Count 1: Due process violation.

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Breuder alleges the board-approved investigation into his activities during his tenure as president were a "witch-hunt" that resulted in no evidence of wrongdoing, but his wrongful termination nonetheless resulted in loss of income, "extreme embarrassment" and "acute emotional distress." As evidence, he claims to have had an outstanding alumni award rescinded by his alma mater.

Count 2: Due process violation.

Breuder alleges his 14th Amendment rights to due process were illegally denied by the college and the board because he was never allowed to defend himself against accusations of wrongdoing. He claims the board forbade him speaking to the media. Breuder claims he was entitled to have his "termination decided by a fair and impartial tribunal" instead of the board.

Count 3: Conspiracy.

This count only names board members Kathy Hamilton, Deanne Mazzochi, Frank Napolitano and Charles Bernstein. Breuder alleges the four trustees conspired to get three of them elected to the board by campaigning on a "spurious" platform that vilified Breuder and would later deprive him of his 14th Amendment rights.

Count 4: Breach of contract.

This count only names the four board members in Count 3. Breuder alleges his termination is in violation of an agreed retirement package approved by the previous board and valued at roughly $763,000. He claims his contract was valid through June 2019 otherwise and his termination "without cause" violates that contract.

Count 5: Interference with contract.

This count only names the same four board members. Breuder alleges the four board members who voted to fire him did so despite opinions from the board's attorney in January 2015 that there "was no legal or factual basis to terminate" Breuder. Breuder claims the four board members sought his ouster "through any means" because of "their personal biases and political interests."

Count 6: Defamation.

This count only names the four board members. Breuder alleges the board members who voted to fire him "acted recklessly and, at times, with actual malice in making false and defamatory statements." Breuder claims the board members' "slanderous" statements have cost him "professional speaking engagements, consultation opportunities and awards." The lawsuit claims Breuder suffered "severe and irreparable damage to his personal and professional reputation."

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