The University's attorneys and the attorney who represents former University employee Dena Bowers are in a legal conflict regarding Bowers' lawsuit against the University.
Bowers filed a lawsuit against the University last year, claiming she was wrongfully fired from her Human Resources Department position.
The University filed for a $4,150 sanction against Bowers' attorney, Debbie Wyatt, in February, asking the court to penalize Wyatt, for having submitted evidence in the case that showed a "reckless disregard for accuracy."
The order was filed in the U.S. District Court before Charlottesville Circuit Court Judge Norman K. Moon's final ruling on Bower's case. Early during the case, Moon gave U.S. Magistrate Judge James G. Welsh authority to rule on all "pretrial motions and issues." The University's attorneys' order for sanction would fall under this category.
Welsh ruled for sanction Oct. 9, and Wyatt appealed the judge's ruling Oct. 23. In her appeal, Wyatt calls into question the authority of a magistrate judge to rule in the case. Wyatt also states in her appeal that she feels the sanction should be called off because the first hearing in the sanction case was held without her being present to defend herself. A second hearing was held a month later with Wyatt present, however, and all discussion from the first hearing was erased from the record, including the judge's ruling on the matter.
According to University spokesperson Carol Wood, the University's counsel is not able to comment on the case brought against Wyatt in fear of jeopardizing the judge's final decision.
"We feel that to comment, to play anything out in the public is not beneficial to either side in a case," Wood said.
Wyatt declined to comment on the matter until Bowers' case, which is being appealed, is over.
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