Penn State is firing back at its former employee Emmanuel Kaidanov in federal court, denying allegations that the university wrongly terminated the highly decorated fencing coach.
Kaidanov filed his lawsuit in federal court last year, alleging that Penn State fired him without good reason or due process.
In a new court document filed last week, Penn State denies those claims, arguing that Kaidanov retaliated against a university employee who had reported one of his athletes to the Penn State police.
The lawsuit centers around an incident from Feb. 2013: a university staff member witnessed one of Kaidanov’s athletes holding what she reportedly believed to be a marijuana joint, which was reported to university police. According to court documents, the athlete in question later agreed to a drug test, which showed no signs of drug use. No charges were filed, and Kaidanov claims the perceived joint was actually a piece of rolled athletic tape.
Kaidanov claims in his complaint that he later approached the staff member who made the report to learn why he had not been contacted, and if there were additional steps that needed to be taken to resolve the matter. Penn State calls this move retaliation, which formed the basis for his termination in Aug. 2013.
In his complaint, Kaidanov argues that he spoke to the university staffer out of an obligation under Penn State’s policies to “to ensure that each individual is treated with fairness and provided with the optimal opportunity to excel.” Penn State disagrees in its response, arguing that Kaidanov had no obligation to “duplicate the efforts of the Police of other university officials and conduct his own independent investigation of a report of suspected drug use.”
Kaidanov also claims that his termination was breach of his employment contract, but Penn State has called this into question as well.
“Plaintiff never had a contract for employment at Penn State,” the filing reads. “Rather, he was an at will employee.”
Because Kaidanov did not have a formal contract, Penn State argues that is impossible to have committed any breach thereof. Penn State also denies allegations that Kaidanov was not properly informed of the investigation into his perceived retaliation, writing that “even if he did have an employment contract with Penn State, he received all process to which he would have been due.”
Kaidanov seeks to be reinstated in his former position and to receive punitive and compensatory damages from Penn State. A pretrial conference in the lawsuit has been set for March.
POPULAR STORIES:
State College Facing Two Weekend Storms, Arctic Temperatures Coming
High-Rise Restaurants Possible Under New Proposal
Lady Lions Notch First Big Ten Victory With Win Over Indiana
MasquerAIDS Cabaret to Benefit Non-Profit Through Songs of Queen, Rent & More
Penn State: 4 Januarys, 4 Coaches, 4 Stories – Franklin, O’Brien, Paterno and Munchak
