$2M Breuder Lawsuit Against COD To Be Heard In Federal Court

GLEN ELLYN, IL — A $2 million wrongful termination lawsuit against College of DuPage trustees that was filed in 2015 will be heard in a federal appeals court Tuesday. Former COD President Robert Breuder's contract was terminated in 2015 after trustees at the school alleged that his contract had been invalid. This resulted in Breuder being denied a $762,000 buyout, with that denial being linked to a board chairwoman and three newly elected trustees she had endorsed.

The involved trustees, Frank Napolitano, Deanne Mazzochi, and Charles Bernstein, along with then-chairwoman Kathy Hamilton justified Breuder's ousting with a state law that dated back to the late 19th century. They asserted that this law rendered Breuder's contract invalid from the start.

In early 2017, a trial judge deemed that the contract had been valid, Daily Herald reports, which led defendants to appeal the case.

Breuder's contract was bought out in early 2015 after employees at COD took a "no confidence" vote in him as president of the college. The buyout involved Breuder getting the $762,000 buyout if he agreed to retire on March 31 of the following year.

These decisions came after ongoing controversy surrounding several of Breuder's use of the college's money, including building a personal locker room and racking up thousands of dollars at the now-defunct Waterleaf Restaurant.

Hamilton, who then served as chairwoman of the College of DuPage Board of Trustees, had voted against the buyout. She then endorsed Mazzochi, Napolitano, and Bernstein, who were elected to the board in April 2015.

Breuder's contract was voided in September 2015 by a 4-1 vote, with Bernstein, Napoiltano, Mazzochi, and Hamilton voting in favor —without the promised $762,000 buyout. The only board member to vote against the termination, Dianne McGuire was quoted as calling it "a politically driven vendetta that is unworthy of this board," a 2015 Patch article reports. Two board members were not present during the vote.

The others justified Breuder's termination because his original contract, which began in 2009, was then extended by outgoing board members. Hamilton, Mazzochi, Bernstein, and Napolitano asserted that these conditions of Breuder's contract were void because of a case from the late 189os that established that "an outgoing board can't saddle a new one with a long-term contract," Daily Herald reports. They were the only board members to vote in favor of terminating Breuder during a 4-3 count that October.

Soon after he was terminated, Breuder filed a wrongful termination lawsuit alleging conspiracy, breach of contract, violation of due process, and defamation.

According to Daily Herald, attorneys for the board of trustees and its individual members involved had asked for the allegations to be dismissed, but appealed the case after U.S. Northern District Judge Andrea Wood only dismissed one count and deemed that Breuder's contract had been valid.

Catch up with the Robert Breuder story by reading these Patch articles:

>>College of DuPage Fires Robert Breuder

>>Should Former COD President Robert Breuder Receive Unemployment Benefits?

>>Judge Orders COD Foundation Turn Over Federal Subpoena To Chicago Tribune

>>Robert Breuder Had Private Locker Room for Himself, Top Administrators

>>Image via GoogleMaps Streetview