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Case 1:16-cv-11884 Document 1 Filed 09/15/16 Page 1 of 99

UNITED STATES DISTRICT COURT


DISTRICT OF MASSACHUSETTS
BOSTON DIVISION

JOAN V. GALLOS,
Plaintiff,

CASE NO. 1:16-cv-11884

v.
WHEELOCK COLLEGE,
a corporation, JACKIE JENKINS-SCOTT, in
her official and individual capacities, DAVID
CHARD, in his official and individual capacities,
and KATHERINE S. TAYLOR, in her official
and individual capacities.
Defendants.
_______________________________________/
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff JOAN V. GALLOS (Plaintiff or Dr. Gallos), sues Defendants
WHEELOCK COLLEGE (Wheelock, the College or Defendant College), a not-forprofit corporation, JACKIE JENKINS-SCOTT (President Jenkins-Scott) in her official and
individual capacities, DAVID J. CHARD (President Chard) in his official and individual
capacities, and KATHERINE S. TAYLOR (Ms. Taylor) in her official and individual
capacities (collectively referred to as the Defendants).

Plaintiff, complaining of the

Defendants by her attorney, respectfully alleges, upon information and belief, the following:
INTRODUCTION
This action arises from Dr. Gallos termination as Vice President for Academic
Affairs (VPAA) of Wheelock in breach of the terms of her contract of employment, for
reasons that were discriminatory and retaliatory. Following numerous false promises made
by Defendants that Wheelock would offer a working environment where she would flourish

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and be fully supported by her manager, President Jenkins-Scott, Dr. Gallos left a glittering
academic career at the University of Missouri to join Wheelock. However, during Dr.
Gallos short time as VPAA, Defendants systematically undermined, discriminated, harassed,
and retaliated against Dr. Gallos based on her race, culminating in her termination for
unsubstantiated and pretextual reasons not permitted by the terms of her Employment
Agreement and contrary to Title VII and/or Chapter 151B As a result, Dr. Gallos was forced
to take a lower paid teaching position at Wheelock and move off her administrative career
track. Dr Gallos has continued to face differential treatment and repeated and ongoing
retaliations and harassment from campus leadership, which have now left her completely
ostracized from the faculty, staff, and the Wheelock community generally. This malicious
and intentional conduct has subjected Dr. Gallos to significant reputational damage and
emotional distress, has destroyed her career as a high-level academic administrator, and
continues to cause significant damage to her mental and physical health.
JURISDICTION AND VENUE
1.

This action is brought pursuant to Title VII of the Civil Rights Act of 1964, 42

U.S.C. 2000, et seq. (hereinafter, Title VII).


2.

The Court has jurisdiction over Plaintiffs claims pursuant to 28 U.S.C.

1331, Massachusetts General Laws Ch. 223A, 3, and the common law of the
Commonwealth of Massachusetts.
3.

The Court also has jurisdiction over the related state claims pursuant to 28

U.S.C. 1367 because they arise from a common nucleus of operative fact and therefore
form part of the same case or controversy under Article III of the U.S. Constitution.
4.

Venue is proper in the Boston Division of the U.S. District Court in the

District of Massachusetts pursuant to 28 U.S.C. 1391 because, inter alia, the Defendant
College is situated in the Boston Division of the District Court of Massachusetts, and is
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subject to this Courts personal jurisdiction; the unlawful conduct herein occurred within
Suffolk County, Massachusetts; and the individual defendants are residents of Middlesex and
Norfolk County.
PARTIES
5.

Dr. Gallos is a resident of Brookline and a citizen of Norfolk County,

Massachusetts. During the relevant period, Dr. Gallos has been employed by Wheelock
College as its VPAA from September 2012 to June 2015 and as a tenured Professor from
2013 to date.
6.

Defendant College is a private educational institution and non-profit

corporation with its principal place of business at 200 The Riverway, Boston, Suffolk
County, Massachusetts.
7.

Defendant College is an employer subject to Title VII of the Civil Rights Act

of 1964 and Massachusetts General Laws chapter 151B, 1(5).


8.

President Jenkins-Scott is a resident of Middlesex County, and was employed

at Wheelock as President of the College from July 2004 to June 2016.


9.

President Chard is a resident of Norfolk County, and since July 1, 2016 is the

current President of the College.


10.

Ms. Taylor is a resident of Norfolk County, and since 2013 has been the Chair

of the Board of Trustees of the College.


11.

Dr. Gallos has retained the law firm of McAllister Olivarius, and has agreed to

pay their reasonable attorneys fees to represent Dr. Gallos in this action.
PROCEDURAL REQUIREMENTS
12.

On March 2, 2016, Dr. Gallos filed a charge of discrimination, retaliation and

hostile work environment with the Equal Employment Opportunity Commission (EEOC).
On May 23, 2016, Attorney Jeffrey Hirsch (Attorney Hirsch) on behalf of Wheelock asked

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the EEOC to find no cause and dismiss Dr. Gallos claims. Instead, the EEOC issued a
Notice of Right to Sue on June 17, 2016.
13.

Dr. Gallos has suffered a continuous series of discriminatory, harassing and

retaliatory acts because of Defendants conduct. As this conduct is of a continuing nature,


the Court has jurisdiction to consider all claims made by Dr. Gallos under the Continuing
Violations doctrine exception.
14.

All conditions precedent to the maintenance of this suit and Dr. Gallos claims

have occurred, been performed, or are otherwise waived.


GENERAL ALLEGATIONS
Synopsis of Dr. Gallos successful academic career prior to joining Wheelock
15.

Prior to joining Wheelock, Dr. Gallos had a long and distinguished career in

academia, including as a professor and award-winning scholar, published author, academic


leader, and campus administrator.
16.

During her last employment at the University of Missouri-Kansas City

(UMKC), where she had worked for 19 years, Dr. Gallos earned tenure and promotion to
full professor with appointments in both the Schools of Education and Management. At
UMKC, Dr. Gallos received a prestigious and rare state-wide appointment as University of
Missouri Curators Distinguished Teaching Professor; and served in important positions of
authority, such as Director of the Executive MBA Program and Professor of Non-Profit
Leadership at the Henry W. Bloch School of Management; as Dean, Professor of Leadership,
and Director of Higher Education Graduate Programs at the School of Education; as
Coordinator of University Accreditation; and as Special Assistant to the Chancellor for
Strategic Planning.
17.

Dr. Gallos was highly respected at UMKC for her highly-skilled educational

and administrative work, and held the trust of senior campus and system-wide leadership as a
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gifted academic leader. For example, as Director at the Bloch School of Management, Dr.
Gallos enjoyed broad discretion and control over all aspects of the Executive MBA program
and autonomy in devising her own program goals and tasks, and was praised by the UKMC
leadership for her rapid financial and admissions turn-around of this program.
18.

Dr. Gallos has also held successful academic appointments at Babson College,

the University of Massachusetts-Boston, and Harvard University. When she left Harvard for
the University of Missouri, Dr. Gallos was awarded The Radcliffe College/Harvard
University Excellence Award, becoming one of only two people so honored in Radcliffe
College history.
19.

Further, Dr. Gallos is a widely-respected scholar and award-winning author

who has published five books, a variety of teaching and training materials, and numerous
articles and chapters in scholarly and professional journals. Many of her published works
include a focus on issues of diversity and social justice equity in education and management.
She has served as editor of the major journal in her field and on multiple other journal
editorial boards; as president of the major international professional association in her field;
and on multiple national civic boards and professional advisory committees.
Recruitment to Wheelock and the promises given to Dr. Gallos to entice her to accept the
position of VPAA
20.

Based on her reputation as a proven turn-around leader with strong academic

credentials and an international reputation, Dr. Gallos was contacted and encouraged to apply
for the position of VPAA at Wheelock by the executive search firm, Storbeck/Pimentel.
Attracted by Wheelocks core value to inspire a world of good and mission to improve the
lives of children and families, Dr. Gallos applied for the VPAA role in March 2012.
21.

During the rigorous selection process, Dr. Gallos met with two senior

members of the Storbeck/Pimentel, Wheelock search committee members, members of


Wheelocks Board of Trustees, campus senior administrators, students, faculty, staff, and
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President Jenkins-Scott. Faculty involved in the search considered her by far the top choice
for the VPAA role.
22.

In these interviews, numerous representations were made to Dr. Gallos

concerning the Colleges working atmosphere, financial health, campus culture, senior
leadership, and the scope of responsibilities she would have as VPAA. Specifically, Dr.
Gallos was told that faculty morale was high, that the College enjoyed strong financial
stability, and that there were no burning issues that she would have to confront.
23.

Further, Dr. Gallos was told that President Jenkins-Scott had consistently

worked well with all her Vice Presidents, including character references such as we all feel
were her favorite child, that she trusted people, that she provides her VPs opportunities
to interact regularly and freely with the Board, and that she gives her VPs opportunities to
do things they never would at other institutions.
24.

Specifically, President Jenkins-Scott told Dr. Gallos she wanted a VPAA

who is independent, competent, will use me as a supporter and collaborator, is good in


running her area, and will not reverse a decision if it is right because I have a different
position or others have heard I have a different opinion. President Jenkins-Scott said she
knew Wheelock needed academic changes, but she had gone as far as she was able on her
own. Overall, President Jenkins-Scott sold Wheelock as a highly collaborative, supportive,
and equitable institution in search of a strong and experienced VPAA.
25.

When asked by President Jenkins-Scott in her final interview at the College if

she was interested in the VPAA role, Dr. Gallos said yes, subject to the following condition:
that President Jenkins-Scott would fully back her as VPAA in leading the academic change
President Jenkins-Scott had told her was needed at Wheelock. In exchange for this promise,
Dr. Gallos verbally agreed that she would be prepared to commit to stay as VPAA at
Wheelock for four to six years, the period President Jenkins-Scott believed would be

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necessary to implement sustained change in the Colleges academics and address Wheelocks
unmet potential. To incentivize Dr. Gallos to stay at least this long, President Jenkins-Scott
later offered Dr. Gallos a retention bonus in her Employment Agreement.
26.

Dr. Gallos was formally offered the position of VPAA by President Jenkins-

Scott over the phone on or about May 17, 2012. During that telephone conversation, Dr.
Gallos reiterated to President Jenkins-Scott the importance of receiving her full support for
the hard work that lay ahead and for building up the Colleges academics. Dr. Gallos also
asked President Jenkins-Scott why the past two VPAAs (that she was aware of), Dr. Julie
Wollman and Dr. Suzanne Pasch, had left Wheelock so quickly after being appointed.
President Jenkins-Scott replied that Dr. Pasch had suffered health problems and Dr.
Wollman had obtained a college presidency, making her a Wheelock success story. Dr.
Gallos had no reason to doubt President Jenkins-Scotts answers or to ask if there had been
others in the VPAA role whom she had not been told about.
27.

In fact, it later transpired that three others had also held the VPAA role during

President Jenkins-Scotts then seven years in office (two interim VPAAs and President
Jenkins-Scott herself for an extended period of time). Dr. Gallos was thus the sixth person to
assume the VPAA position during President Jenkins-Scotts tenure.
28.

In reliance on the promises made, information shared, and assurances provided

by President Jenkins-Scott, the Board, and other faculty members and administrators, Dr.
Gallos was persuaded that Wheelock was a place whether she could continue to flourish
professionally and contribute to improving its performance as a senior administrator.
29.

Dr. Gallos accepted the VPAA position and duly gave notice at the University

of Missouri.
30.

Dr. Gallos VPAA contract of employment, dated May 18, 2012 (the

Agreement) provided for a fixed term of one academic year, to be automatically renewed

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indefinitely each year contingent on satisfactory annual performance reviews and upon a
commitment to remain at the College. A Retention Bonus of $30,000 was offered if Dr.
Gallos remained at the College through June 30, 2016. Under the terms of the Agreement,
Dr. Gallos was promised overall responsibility for the planning, development and
administration of the full range of the Colleges academic programs and services.
31.

Critically, the Agreement only allowed Wheelock to terminate Dr. Gallos

employment as VPAA under the following three limited circumstances: (a) for cause, due to
dishonest statements or acts with respect to the College or criminal conviction; (b) death or
disability; or (c) for performance reasons, specifically due to your failure to perform
effectively the duties reasonably assigned to you by the President (which duties are consistent
with your position with the College), which failure continues for more than thirty (30) days
after the Colleges written notice to you setting forth in reasonable detail the nature of such
failure. If dismissed for performance reasons, the Agreement entitled Dr. Gallos to six
months base salary as a lump sum severance payment. The Agreement is hereto attached as
Exhibit A.
32.

Dr. Gallos began her employment as Wheelocks VPAA on September 1,

2012. She took her position without assurance of tenure, which President Jenkins-Scott had
said was College policy.1 Dr. Gallos submitted her materials for accelerated tenure review in
the fall of 2012 and was tenured to the College as a full professor by unanimous vote of the
Board of Trustees in March 2013.
Success at Wheelock
33.

During her first year at Wheelock, Dr. Gallos jumped wholeheartedly into the

VPAA role. She quickly assessed that the College was missing clear processes for decisionmaking, efficient operating procedures, benchmarked standards for evaluation, supports for
1

Dr. Gallos was to later learn this was not true; Dr. David Fernie had received Wheelock tenure before
assuming his administrative position as Dean of Education in January 2006.

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faculty scholarship, academic goals for each school, strategic growth goals for the full
academic enterprise, post program review support and accountability measures, faculty merit
raises, and a system for faculty and staff development. She embarked on building academic
infrastructure and procedures, improving academic leadership and financial supports, and
strengthening shared governance between administration and faculty, as well as improving
communications on academic matters all prerequisites to putting Wheelock on a path to
greater academic success.
34.

To that end, Dr. Gallos introduced the First Friday Report a monthly

newsletter to all faculty, staff, and members of the Educational Policy Committee of the
Board to update them on projects, directions, and achievements in Wheelocks academic
domain which was very well received.
35.

Dr. Gallos also initiated a Deep Dive process, a comprehensive and data-

driven research study of the opportunities and challenges in Wheelocks School of Arts &
Sciences and School of Graduate & Professional Programs, to provide her and President
Jenkins-Scott with the information and data needed to understand current strengths and
weaknesses in each school and to make large scale changes to improve and grow the
Colleges academic offerings.
36.

In her first year, Dr. Gallos also assumed the responsibilities of the Dean of

the School of Graduate and Professional Programs, without extra pay or reward, while a new
Dean was in the process of being found. Dr. Gallos co-chaired the search for that new Dean,
and received praise from the search committee members for her leadership, professionalism,
and use of best practices in leading the search.
37.

Almost immediately, Dr. Gallos began to receive recognition for her

contributions to Wheelock from Board members and external affiliates of the College.

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Comments from the Trustees and members of the Wheelock Corporation included, What an
asset to Wheelock you are, and How lucky Wheelock is to have you.
38.

In her July 2013 performance evaluation, President Jenkins-Scott rated Dr.

Gallos Highly Successful, the highest rating possible. In particular, President Jenkins-Scott
commended Dr. Gallos for reset[ting] the role of Academic Affairs and positioning the
[C]ollege for a stronger and more vibrant academic program going forward.
President Jenkins-Scott and the College renege on their promises to Dr. Gallos
39.

However, starting midway through her first year at Wheelock, multiple

experiences gradually led Dr. Gallos to realize that she had not been hired for her strong and
independent leadership, as President Jenkins-Scott had represented in recruitment and on
hiring, but to affirm the Presidents current directions, lend credibility and legitimacy to her
chaotic financial operations and discriminatory hiring policies, and keep faculty quiet and in
line.

Dr. Gallos ultimately concluded that the central quality needed as a Wheelock

administrator was extreme loyalty to and unwavering agreement with President JenkinsScott, who was straining to cover up rising levels of mismanagement and deep tension with
faculty, of which there was a long and well-documented history.
40.

In fact, President Jenkins-Scotts husband, Jim Scott, confirmed Dr. Gallos

conclusion when he asked her for a private word at a Wheelock dinner in June 2013, stating
that the way to work successfully with Jackie is absolute loyalty. Anyone who knows and
shows that works well with her and is rewarded. You want to remember that, my dear.
41.

President Jenkins-Scott was a forceful figure. She was well-known for hiring

friends, their family members, and social acquaintances for jobs where their qualifications
were not evident.

Several high-level Wheelock employees or service vendors were

acquaintances of President Jenkins-Scott through her church, and she had a habit of
pressuring Wheelock VPAAs to interview her contacts for academic jobs that did not exist or

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for which the individuals may not have been qualified. She became very angry when
reminded that she was the reason the interview had occurred and expected the VPAAs to take
the fallout with candidates if they did not get the job, and with faculty if they did.
42.

President Jenkins-Scott also had a long-established pattern of offering

honorary degrees to new acquaintances, expecting VPAAs to arrange an after the fact
approval of the already-invited candidate by the relevant faculty and smooth over their
frustrations about her repeated violations of the vetting process and timelines set out in the
Colleges honorary degree policy.
43.

Dr. Gallos was to learn through her Deep Dive data gathering that the

representations made to her during her interviews at Wheelock were false, and that President
Jenkins-Scott was widely viewed by the faculty as obstructive and uninterested in
collaboration; that she had driven away a long string of previous VPAAs and deans; that
many faculty were deeply unhappy with her and her in-group of senior administrators; that
the majority of faculty saw Wheelocks reputation in decline; that there was a habit of
retribution against those who dared criticize or even disagree with President Jenkins-Scott;
and that there was a culture of intimidation and silencing.2
44.

In particular, faculty reported deep frustration and low morale resulting from

broken shared governance, lip service to transparency, and President Jenkins-Scotts


leadership practices, including:
a.

regular capricious, under-supported and chaotic top-down change;

b.

giving jobs to friends and acquaintances;

c.

rewards or appointments in which loyalty to President Jenkins-Scott trumped


competence or experience;

d.

lack of support for academic programs;

Some of the comments Dr. Gallos Deep Dive collected included:Dont speak out. They [faculty] have
seen colleagues get scapegoated or chewed up and spit out for violating this rule, and now they themselves
are feeling threatened, vulnerable, or scared.

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e.

unfairly blaming faculty for campus problems while refusing to involve them in
decision making;

f.

continuous reorganizations;

g.

a revolving door of VPAAs and deans (except for the Presidents unwavering
support of Dean Shirley Malone-Fenner regardless of her performance);

h.

an expectation that the Presidents decisions should be rubber-stamped;

i.

the elimination of tenure track faculty positions so that faculty became subject
to annual contracts, and the Presidents continued denial she was responsible.

45.

President Jenkins-Scott disliked these findings and rejected Dr. Gallos

suggestion that they explore and prioritize at least a few of them as a way to improve the
College and strengthen President Jenkins-Scotts obviously frayed relationship with faculty.
Instead, she became angry at Dr. Gallos, and accused her of caring only about currying favor
with faculty. President Jenkins-Scott began to pressure her in many of their meetings to
prove them [the faculty] wrong. If Dr. Gallos didnt do that, President Jenkins-Scott said,
she would make sure other senior administrators did.
46.

The Deep Dive results also revealed that for several years, faculty had been

deeply concerned that several core academic functions were being directed by administrators
outside of Academic Affairs. These included the library, Registrars Office, student academic
support services, grants for sponsored research, and field experience (the office supporting
Wheelocks signature teaching pedagogy). Faculty strongly believed that leadership of these
programs by people with[out] grounded academic expertise to bring best practices had led
to an erosion of quality in key areas like field work, academic records, and advising. Dr.
Gallos concurred and suggested returning these functions to Academic Affairs.
47.

In the meantime, in spring 2013, President Jenkins-Scott announced her

decision to again reorganize the campus. As part of the reorganization, she asked all the Vice

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Presidents for suggestions as to what each VPs areas of responsibility should be. Dr. Gallos
prepared her reply, part of which recommended the return of the core academic areas that had
been identified in the Deep Dive report to Academic Affairs oversight, plus some
additional ways to use the reorganization to grow and strengthen academics at the College
the core objective Dr. Gallos had been hired to achieve.
48.

To Dr. Gallos surprise, President Jenkins-Scott was hostile to this idea,

despite objective evidence that the proposed changes were consistent with best practices in
higher education and established techniques for improving academic programs.3
49.

At the annual summer Institutional Leadership Team (ILT) retreat on July 1,

2013, the reorganization was a major agenda item. When President Jenkins-Scott announced
the new structure, only the Registrar was slated to come back to Academic Affairs. When
Dr. Gallos asked why, the reply came surprisingly not from President Jenkins-Scott but from
Ms. Marta Rosa, then Director of Governmental Affairs and Community Partnerships and a
close confidante of President Jenkins-Scott from early in her presidency, who contended that
Dr. Gallos, the academic leader on the Wheelock campus with the most diverse academic
administrative experience, was too inexperienced to supervise these areas.
50.

Taken aback, Dr. Gallos said she at least must advocate for the return to

Academic Affairs of the field experience function the Colleges signature teaching
pedagogy and an area on which Dr. Gallos was a published expert. This caused President
Jenkins-Scott to attack her viciously in front of all present at the ILT retreat, including three
of her subordinates (one of whom, Dean Mitchell S. Sakofs, was on his first day of work at
the College), as selfish, immature, and not being a team player. President JenkinsScott poured out a torrent of criticism about Dr. Gallos leadership and character, and also
allowed Ms. Rosa and other VPs close to her to assert that Dr. Gallos didnt know enough
3

Dr. David Chard, who succeeded President Jenkins Scott in July 2016, returned all these areas to Academic
Affairs oversight within his first month in office.

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about field experience and couldnt do the job of leading this function despite Dr. Gallos
training, proven record, scholarly research, and writing in the area. President Jenkins-Scott
also joined the others on the retreat in mocking and belittling Dr. Gallos for appearing upset
after the brutal exchanges. Dr. Gallos was utterly shocked and humiliated by President
Jenkins-Scotts accusations and treatment of her.
51.

Thereafter, in the fall and winter of 2013, President Jenkins-Scott began to

systematically undermine Dr. Gallos leadership on programs across the Academic Affairs
spectrum. For example, she excluded Dr. Gallos from actual oversight and planning of
international programs, including the important new partnership being developed to deliver
degree programs in Qatar and subsequent ventures in Southeast Asia and China, despite Dr.
Gallos significant experience with academic program development and with academic
programs in China. Although academic programs, whether international or domestic,
undeniably fell within the purview of Academic Affairs (and indeed, Dr. Linda Davis, the
Dean for International Programs and Partnerships, reported jointly to Dr. Gallos and
President Jenkins-Scott), President Jenkins-Scott began to work solely with Dr. Davis to
design international programs and strategy, bypassing Dr. Gallos and discounting her input.
She excluded Dr. Gallos from trips, meetings, and public presentations about Qatar and
instructed her to remain silent in meetings with Qatar partners and Wheelock Trustees on that
topic. She also blocked Dr. Gallos from developing relationships with international partners
who sought her input as Wheelocks chief academic officer and as an international expert on
leadership, telling them directly to bypass Dr. Gallos (which was publicly humiliating).
52.

As planning progressed on the Qatar venture, Dr. Gallos became very

concerned about the quality of the academic program being proposed. It would clearly be a
drain on the quality of the degree programs and academic services Wheelock could offer at
its main campus in Boston and its smaller Singapore campus because it would draw heavily

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on the same faculty and staff. In addition, some Jewish and gay faculty said they would not
work in Qatar because they feared for their safety given the countrys laws against
homosexuality and support for Hamas.

Further, President Jenkins-Scott and Dr. Davis

continued ignoring the academic deans in their planning, which caused additional tensions
with the deans and other faculty.
53.

Dr. Gallos did not want the College to offer a substandard program in Qatar,

so despite having been frozen out by President Jenkins-Scott and Dr. Davis, she
recommended changes to strengthen the Qatar program in an email dated September 25,
2013, focusing only on the substance of the problems and not on any personnel disputes.
54.

In response, President Jenkins-Scott suggested they meet on Sunday

afternoon, September 29, 2013 at the Presidents house upon her return from China. In that
meeting, President Jenkins-Scott attacked Dr. Gallos for allegedly siding with faculty over
her and working to undermine Dr. Davis, belittled Dr. Gallos leadership and work using
harsh language including calling them crap, and went so far as to accuse Dr. Gallos of
taking steps to undermine her presidential authority and leadership. She said she had already
heard from Dr. Davis and knew what Dr. Gallos was trying to pull, adding I will blame
you [Dr. Gallos] if anything goes wrong with Qatar.
55.

President Jenkins-Scott made similar unfounded and harsh attacks on Dr.

Gallos in public (including in front of her direct reports) and in their private meetings from
that time forward.
President Jenkins-Scotts preferential treatment of African American employees and
employees of color
56.

In early 2013, it became clear to Dr. Gallos that President Jenkins-Scott was

actively impeding her from doing her job of dealing with the demands and needs of
Wheelock faculty fairly and equitably. This was most evident in two ways: (1) consistent
demands by President Jenkins-Scott that Dr. Gallos treat faculty and staff differently based on
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race, and to disproportionately give attention to and take action on behalf faculty and staff of
color; and (2) consistent accusations by President Jenkins-Scott that any perceived criticisms
of her, or questions raised about her decisions or the performance of employees who
happened to be African American or black, by Dr. Gallos or other employees who were not
people of color, were motivated by racism.
57.

Notably, President Jenkins-Scott inquired regularly about the concerns of

faculty, staff, and administrators of color in ways she did not inquire about others. For
example, President Jenkins-Scott uncharacteristically phoned Dr. Gallos to ask why an
African American administrative assistant, whose supervisor had twice placed him on
performance improvement plans in the past year for excessive absenteeism and failure to
meet agreed-upon work deadlines, was not receiving a merit raise higher than 1%. In
contrast, Dr. Gallos received a 0% merit raise in her 2013-2014 performance review from
President Jenkins-Scott, despite a long list of achievements and positive comments from
faculty, administrators, and Board members about their positive impact on the College.
58.

If faculty and administrators of color voiced concerns, they were rewarded

with immediate action and praise, while requests from white faculty and staff were ignored,
questioned, or postponed.
59.

Between January 2013 and June 2015, President Jenkins-Scott took proactive

interest in and requested Dr. Gallos to act positively on 17 faculty requests in total; 16 of
these had come from faculty members of color.
60.

Throughout 2013, President Jenkins-Scott instructed Dr. Gallos to dismiss or

brush off similar requests from faculty and staff who were not people of color, or to keep
them in line and make sure they knew there would be consequences for disagreeing with or
disobeying President Jenkins-Scotts wishes.

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61.

With respect to deans and faculty of color, President Jenkins-Scott instructed

Dr. Gallos not to be involved in managing them as she would other faculty, and not to raise
questions if their performance was unsatisfactory even though it was Dr. Gallos
institutional responsibility to do so.
62.

For example, President Jenkins-Scott prevented Dr. Gallos from effectively

managing and supervising Dr. Davis, the Dean of International Programs and Partnerships, a
woman of color from the Bahamas who had repeatedly been flagged by former VPAA
Wollman, the Board, staff, and faculty as performing poorly and who frustrated faculty for
her lip-service about involving faculty in important decisions.
63.

Dr. Davis had been appointed without a search by President Jenkins-Scott as

first Associate Director and then as Interim Director of the Center for International Programs
and Partnerships against the strong advice both times of its founding Director, Dr. Joan
Bergstrom, a white Jewish woman.

Dr Bergstrom was instrumental in developing the

Colleges international mission and its first programs, created and successfully grew its
operations in Singapore as a major education and profit center for the College, and did not
consider Dr. Davis to have the skills or relevant experience to be effective in either of these
roles. President Jenkins-Scott overruled Dr. Bergstrom each time.
64.

Dr. Bergstrom was diagnosed with cancer, yet she continued working with

Associate Director Dr. Davis to run the programs she cared about deeply, including frequent
self-funded trips to Singapore. On Christmas Eve, 2009, when she was what on her husband
called her deathbed, President Jenkins-Scott emailed Dr. Bergstrom at home to tell her she
was being fired as Director of the Center, and that she was appointing Dr. Davis as Interim
Director, effective immediately. Dr. Bergstrom contacted President Jenkins-Scott, vigorously
advising against the appointment and reporting that Dr. Davis had alienated many of the

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Colleges critical partners in Singapore and others.

President Jenkins-Scott refused to

reconsider her appointment of Dr. Davis. Dr. Bergstrom died four months later.
65.

President Jenkins-Scott subsequently gave Dr. Davis an Associate Professor

appointment, removed her interim status, and promoted her from Director to Dean without
conducting a normal recruitment search at any stage.
66.

This contrasted with the appointment process of other Deans hired during

President Jenkins-Scotts tenure, all three of whom (Drs. Louis B. Casagrande, Kerry A.
Kerber, and Mitchell S. Sakofs) were white and chosen as a result of regular campus search
processes. Each of these Deans resigned within two years, publicly noting their frustration
with President Jenkins-Scotts poor management, untenable working conditions for those not
in her in-group, and the hostile campus culture she engendered. Dr. Casagrande, a close
personal colleague of Ms. Taylor, confirmed to members of the faculty that he had shared his
frustrations and the reasons for his decision to quit with Ms. Taylor.
67.

President Jenkins-Scott responded immediately to Dr. Davis requests;

shielded her from questions when she performed unsatisfactorily; allowed her to ignore Dr.
Gallos requests and to treat her curtly; and attacked Dr. Gallos for raising appropriate
workplace questions and performance concerns about Dr. Davis directly with Dr. Davis or
with President Jenkins-Scott (as Dr. Davis co-supervisor).

President Jenkins-Scotts

protection and preferential treatment of Dr. Davis was generally known to Wheelock faculty,
former Wheelock VPAA Wollman,4 administrators,5 and the Board (especially Ms. Taylor
and members of the International Committee).
68.

President Jenkins-Scott also promoted and protected Dr. Shirley Malone-

Fenner, an African American Dean and the only other academic dean on campus during

Former VPAA Wollman warned Dr. Gallos that Jackie loves Linda [Dr. Davis] and for that reason Linda is
untouchable.
5
The Chief Deputy to the President, Dr. Stuart Lord, said that Jackie lets Linda get away with murder.

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President Jenkins-Scotts tenure who was not hired through a formal search process, despite a
poor performance record.
69.

In the fall of 2012, the Department Chairs of the School of Arts & Sciences

requested a meeting with Dr. Gallos and demanded that she hire a replacement for Dr.
Malone-Fenner due to long-standing concerns about her competence. According to the
department chairs, Dr. Malone-Fenners ineffectiveness as an administrator and
disorganization consistently created major obstacles for them and as a result, few senior
faculty members were willing to serve as department chairs. Furthermore, the department
chairs expressed concerns that she had very few academic publications, and they could not
look to her for leadership in fostering scholarship, program development, mentoring junior
faculty on the tenure track, or in making the School of Arts & Sciences an academic
destination of choice for a wider array of students.
70.

Dr. Malone-Fenner was also a regular source of misinformation to tenure track

faculty about where they should focus their efforts and the levels of scholarship they needed
to advance their careers, putting junior faculty in jeopardy of being refused tenure. The
department chairs had expressed these same concerns to two previous VPAAs and were told
by both that President Jenkins-Scott was protecting Dr. Malone-Fenner, and as a result it was
impossible to remove her.
71.

In the spring of 2013, concerns about Dr. Malone-Fenners ineffectiveness

were raised again as a result of the Deep Dive in response to the open-ended question
What would you like your new VPAA to know? Many faculty members expressed a
serious lack of confidence in Dr. Malone-Fenner.
72.

In response to all of this, President Jenkins-Scott and Dr. Gallos discussed

many times what the College should do and conferred with the Board. President JenkinsScott and Dr. Gallos agreed that Dr. Malone-Fenner should no longer be Dean, and that Dr.

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Gallos would meet with her for her performance review, share the transition package
developed by President Jenkins-Scott and Dr. Gallos that the Board had agreed to, and speak
to Dr. Malone-Fenner about stepping down.
73.

As agreed, Dr. Gallos met with Dr. Malone-Fenner on July 12, 2013. Dr.

Malone-Fenner said she understood the criticisms, wanted to do what was right for the
College, and appreciated the respect being offered.
74.

However, while on vacation, Dr. Gallos received an urgent email on July 17,

2013 from President Jenkins-Scott, who said she wanted this note to be in your [Dr. Gallos]
in-box when Dr. Gallos returned. President Jenkins-Scott had just met with a very upset
Dr. Malone-Fenner who accused Dr. Gallos of setting her up, unfair treatment, and other
attacks. President Jenkins-Scott asked for a meeting and added: I assured her [Dr. MaloneFenner] that I will meet with her again upon my return from vacation and after I have
reviewed her performance assessment (please send a copy for my review).
75.

At a subsequent meeting with Dr. Malone-Fenner and Dr. Gallos, President

Jenkins-Scott reversed the carefully organized choreography the Board had agreed to for Dr.
Malone-Fenners demotion. President Jenkins-Scott praised Dr. Malone-Fenner as a good
dean and blamed Dr. Gallos for manufacturing negative views about her, even though
President Jenkins-Scott knew many of these predated Dr. Gallos and came from all sections
of the College. She accused Dr. Gallos of using a secret campus survey to unethically collect
data hostile to Dr. Malone-Fenner, and hiding the survey from her until Dr. Malone-Fenner
told her about it. But there was no secret survey it was just an electronic method for faculty
who could not meet for a face-to-face interview to answer the same open-ended question in
the Deep Dive of What would you like your new VPAA to know? that she and Dr.
Malone-Fenner had already been informed about. President Jenkins-Scott also criticized the
way Dr. Gallos had supervised Dean Malone-Fenner and had conducted Dean Malone-

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Fenners July 12, 2103 performance review, even though President Jenkins-Scott had not
been present for it.
76.

President Jenkins-Scott said and did nothing as Dr. Malone-Fenner falsely

accused Dr. Gallos at the meeting and pressured her to remove negative comments from her
file and improve her performance review so she could receive the highest possible salary
increase.

But President Jenkins-Scott knew that Dr. Gallos had already consulted the

Director of HR and Attorney Hirsch, and that she was only doing what President JenkinsScott had already agreed to when she gave Dr. Malone-Fenner an honest review based on the
data that had surfaced and the decision of the College to remove her as Dean: it would be
false and detrimental to the College to do otherwise so Dr. Malone-Fenner could get a higher
raise. Dr. Gallos held her ground and refused to change the review.
77.

President Jenkins-Scott consistently accused Dr. Gallos and other non-African

American faculty and staff members of racism when they raised issues or had questions about
her leadership or about the performance of employees of color. If non-African American
employees disagreed openly with President Jenkins-Scott, they were immediately viewed as
threats and accused of being racist. If Dr. Gallos disagreed with a colleague of color or
commented on their performance to President Jenkins-Scott, she made comments to Dr.
Gallos that implied she suspected Dr. Gallos would be predisposed to treat faculty and staff
of color unfairly.
78.

President Jenkins-Scott made these accusations despite Dr. Gallos positive

diversity track record across multiple institutions, her own multi-racial family (including an
African American step-daughter and granddaughter), her scholarship and published work on
diversity (including the first published book on the topic of Teaching Diversity in her
field), and her own deep and lived commitment to diversity, fairness, social justice and

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Wheelocks mission. These repeated unsolicited comments made Dr. Gallos feel unfairly
targeted by President Jenkins-Scott due to her race.
79.

When faculty of color made requests, President Jenkins-Scott often instructed

Dr. Gallos to attend to their needs with no funny business, implying that Dr. Gallos would
treat these colleagues unfairly based on race unless instructed not to. President Jenkins-Scott
made clear that she assumed Dr. Gallos would act with racial prejudice, despite clear
evidence to the contrary.
80.

Even on occasions when Dr. Gallos and President Jenkins-Scott spent

significant time together exploring objective data, best practices, and external standards
relating to a particular position and had reached a joint final decision that an area run by a
person of color needed improvement, President Jenkins-Scott would often reverse her
position and blame Dr. Gallos for conclusions they had reached jointly. The hostile, public,
and unpredictable nature of these reversals and false accusations made them particularly
brutal and undermined Dr. Gallos capacities to lead as chief academic officer and to
maintain the full facultys trust.
81.

On October 1, 2013, at a one-on-one meeting, President Jenkins-Scott

attributed the decisions to remove Drs. Davis and Malone-Fenner from their Dean positions
to Dr. Gallos alone, even though she and Dr. Gallos had reached these conclusions jointly
based on available data, faculty and Board feedback, analysis of the skills needed in both
positions to improve admissions and program quality, and assessments by both Dr. Gallos
and President Jenkins-Scott. President Jenkins-Scott stated at the meeting that everyone
knows you [Dr. Gallos] are removing two Deans of color; speculated about what some
faculty are saying that means; and attacked Dr. Gallos for an uneasiness and sickness
she brought to Wheelock connected to race. This was false, and shocking, and she would
not have said this if Dr. Gallos had been a person of color.

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82.

Neither at this meeting, nor at any other time, did President Jenkins-Scott ever

communicate to Dr. Gallos that she had said anything, or used her powers as President of the
College, to retract any of these untrue accusations or rebut the wrong conclusions faculty and
others reasonably drew from them. To the contrary, she continually used her powers to
expand her attacks on Dr. Gallos.
83.

President Jenkins-Scott began to assume that even minor miscommunications

or discrepancies involving Dr. Gallos and employees of color resulted from Dr. Gallos
purported racism. For instance, President Jenkins-Scott suggested the lack of snacks at an
African American faculty members presentation was due to the racial bias of Dr. Gallos and
the white organizer of the presentation. In fact, the faculty had voted to offer no snacks at
anyones presentation to preserve limited Center for Research and Scholarship funds.
84.

Dr. Gallos as VPAA had the duty to represent the interests of the faculty and

to treat all faculty members equitably, fairly, and in accordance with the Colleges standards
and policies. She was certainly obliged to obey federal and state laws on equal employment
opportunity. But on several occasions, President Jenkins-Scott told Dr. Gallos that she did
not want Dr. Gallos to hire white faculty or administrators.
85.

For example, on November 26, 2013, at a one-on-one meeting, President

Jenkins-Scott stated she was concerned about Dr. Gallos leading the search to replace Dr.
Malone-Fenner. She repeatedly and harshly questioned Dr. Gallos commitment to diversity
and said you better not bring me another white dean. While Dr. Gallos was firmly
committed to hiring a diverse faculty and staff, including deans, and understood and regularly
used methods to develop a diverse candidate pool needed to achieve that diversity goal, never
in her many years in higher education administration across different institutions had she
heard any senior institutional leader order illegal race-based hiring.

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86.

President Jenkins-Scott also told Dr. Gallos and announced publicly to the ILT

at least twice that Academic Affairs had become too white under Dr Gallos leadership,
even though she knew an externally-conducted audit on diversity had shown normal
fluctuations but no overall decline in diversity during Dr. Gallos tenure.
87.

On another occasion, President Jenkins-Scott criticized Dr. Gallos for hiring a

white male candidate as an Assistant Vice President for Faculty and Academic Programs,
instead of an African American male candidate. The chosen individual had a doctorate in
higher education from Harvard and came with impeccable references from sources wellknown to the College and President Jenkins-Scott herself, whereas the African American
candidate had asked for twice the budgeted salary and was later found by the Colleges
search firm to have falsified his resume.
88.

Dr. Gallos was not the only faculty member who fell victim to President

Jenkins-Scotts deep bias that non-African American employees were racist. On multiple
occasions, President Jenkins-Scott stated that Dr. Janine Bempechat, a white, Jewish faculty
member, was to blame for the departure of Dr. Castagna Lacet, an African American faculty
member, and that Dr. Bempechat didnt know how to work with African Americans and
treated them differently than white faculty in assessing and supporting their scholarship
in her role as Director of the Center for Research and Scholarship. President Jenkins-Scott
made this accusation despite the fact that Dr. Lacet never reported problems with Dr.
Bempechat and had explained to her Dean when she left that she had many reasons for doing
so, none of which were related to Dr. Bempechat.
89.

Moreover, Dr. Gallos had reviewed every assessment by Dr. Bempechat of

untenured faculty since she became Director of the Center for Research and Scholarship. She
found no differences in the way Dr. Bempechat treated African Americans and non-African

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Americans in language, tone or in any other respect, and had told this repeatedly to President
Jenkins-Scott.
90.

President Jenkins-Scotts assumption that Dr. Gallos and other non-African

American faculty were racist toward people of color created a hostile work environment in
which faculty members (including Dr. Gallos) became demoralized and afraid to speak up.
President Jenkins-Scott and her husband spread rumors about Dr. Gallos alleged
ambition to unseat the African American President
91.

President Jenkins-Scott and her husband, Jim Scott, circulated the rumor that

Dr. Gallos sought to undermine President Jenkins-Scott and eventually replace her. President
Jenkins-Scott suggested that Dr. Gallos goal in doing this was to unseat Wheelocks first
African American President.
92.

On at least four occasions between 2012 and 2014, President Jenkins-Scott

told Dr. Gallos the same story about how Dr. Gallos predecessor, Dr. Pasch, a white Jewish
woman, had wanted to be co-president, intending to undermine President Jenkins-Scott in
order to eventually become President herself. Even more often, President Jenkins-Scott told
Dr. Gallos the story of the conniving and manipulative VPAA/Provost at nearby
Wentworth Institute of Technology, who was allegedly trying to undermine and push out
its President, a non-native born woman from Yugoslavia. President Jenkins-Scott said she
vigorously advised the Wentworth President to keep her VPAA down and in line in
whatever ways she could. The implications for Dr. Gallos were hard to miss.
93.

When Dr. Gallos was hired at Wheelock, President Jenkins-Scott promised to

discuss adding Provost to Dr. Gallos title at the end of her first year.

Dr. Gallos

predecessor had held the title, and giving it to Dr. Gallos would be an important signal to the
faculty that Wheelock was boosting academics, as well as signify respect for Dr. Gallos
extensive accomplishments. But President Jenkins-Scott refused to add the title and falsely

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reported to Ms. Taylor that Dr. Gallos was pressuring her to be named Provost, which she
cast as proof that Dr. Gallos had disingenuous ambitions to undermine and then replace her.
94.

Ms. Taylor apparently accepted this untruth, since the Provost-illicit-ambition

story was announced to the full Board of Trustees by President Jenkins-Scott with no
correction by Ms. Taylor. President Jenkins-Scott subsequently told Dr. Gallos that Ms.
Taylor even coached her on how to confront Dr. Gallos, and what she should say to convey
that she had Ms. Taylors and the Boards full support and was not going anywhere anytime
soon.
95.

On September 11, 2015, after Dr. Gallos left the VPAA role, Mr. Scott sent an

email to multiple recipients on a listserv he used to communicate broadly to people on and off
campus that he considered supporters of his wife, stating that Dr. Gallos was a disgruntled
person who, with her small band of followers had been unable to work their internal
strategy of conquest. This message cast Dr. Gallos as a dangerous woman and arch-rival of
President Jenkins-Scott. That was false, but is consistent with President Jenkins-Scotts false
accusation that Dr. Gallos was working to unseat Wheelocks first African American
president.
96.

Dr. Gallos was deeply committed to her role as VPAA and reminded President

Jenkins-Scott frequently that her success as VPAA would only reflect positively on President
Jenkins-Scott and her legacy. In higher education circles and among the general public, it is
the college president who is remembered, not the VPAA. Dr. Gallos worked hard for the
sake of Wheelocks students, to do the job she had been hired for, and to support the
President in productive academic directions for the College.
97.

President Jenkins-Scotts public promotion of a false competition, which she

manufactured and sold as something initiated by Dr. Gallos, transmogrified Dr. Gallos
healthy enthusiasm for doing an excellent job as VPAA and elevating the stature of the

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College into an expression of racism. President Jenkins-Scott utilized the same undermining
strategy on other administrators, faculty, and current and former Board members as a way to
diffuse and deflect real concerns about her leadership. To protect her job, President JenkinsScott repeatedly raised false issues of racism about those who reported to her, oversaw her, or
questioned her decisions.
98.

President Jenkins-Scotts incitement of race-based suspicions toward Dr.

Gallos while VPAA undermined her credibility on campus and inflamed already-existing
diversity tensions at Wheelock. President Jenkins-Scott was to continue that pattern of action
even after Dr. Gallos was removed from that role, leaking false information about her to hurt
her reputation among the faculty. The campus climate around race issues became, and
remains, very tense.
Corroboration from Board, predecessors as VPAA, and other observers that President
Jenkins-Scott is abusive
99.

In August 2013, Dr. Gallos was asked by the Board to participate in President

Jenkins-Scotts performance review. Dr. Gallos was hesitant, given President Jenkins-Scotts
extreme hostility to any differences of opinion, data that called into question her story lines
about the College or her leadership, or perceived criticism no matter how gently and
constructively framed. But the Board encouraged Dr. Gallos to be candid for the sake of the
College.
100.

The Board assured her that faculty and administrators had participated in the

Presidents annual review for a number of years, and had been given full protection to speak
freely. In her interview with the Board, when asked for her views, Dr. Gallos cited the
following key areas for President Jenkins-Scotts development: (a) to be more careful and
strategic with money management; (b) to be less tolerant of sub-par performance from
members of her loyal group; (c) to be less quick to see everything as racially motivated; and
(d) to be more tolerant of disagreement.
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101.

Ms. Linda Port, then Vice Chair of the Board and conductor of the interview,

told Dr. Gallos that previous administrators and faculty members had voiced similar
concerns. Ms. Port summed up: Weve heard it all before and for years. Ms. Port said Ms.
Taylor had suggested that Ms. Port and Dr. Gallos stay in touch, and that she and Ms. Taylor
would provide support if Dr. Gallos experienced further hostility and racial discrimination
from President Jenkins-Scott because Dr. Gallos was not, Ms. Port wrongly advised, in a
protected group who could seek legal recourse for hostile work environment under Title VII.
Ms. Port asked Dr. Gallos if she could call her periodically to check in, and Dr. Gallos
agreed that would be fine.
102.

Ms. Port also asked Dr. Gallos to speak off-the-record with Ms. Taylor, to

give context to Ms. Ports increasing concerns about President Jenkins-Scotts growing
hostility and racially-based criticisms and actions, saying Kate [Taylor] just has to hear
about all this.
103.

During the fall of 2013, Dr. Gallos telephoned two of her predecessors, Dr.

Wollman and Dr. Pasch. Both confirmed that they too had been targeted by President
Jenkins-Scott, that she protected Drs. Davis and Malone-Fenner in ways that made their jobs
difficult, and that the hostile work environment President Jenkins-Scott had created
prevented them from doing an effective job. Dr. Wollman described President Jenkins-Scott
as a bully, paranoid, and said I knew at the end of the first year I couldnt do my job and
I started looking for an exit strategy.

Dr. Pasch described President Jenkins-Scott as

brutal and claimed that the stroke she had suffered, which brought her tenure as VPAA to
an end, was a blessing because it got me away from having to work with Jackie JenkinsScott.6

Dr. Pasch also told Dr. Gallos and others on campus that the first person to visit her in the rehabilitation center
after her major stroke was President Jenkins-Scott, who pressed her to sign a paper resigning as VPAA,
effective immediately. Dr. Pasch described herself as incapacitated mentally from the stroke and even unable to

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104.

During this same time period, Mr. Steve Leo, managing partner at the

executive search firm who had directed Dr. Gallos to Wheelock (and who had also lead the
search to hire the previous VPAA, Dr. Wollman), apologized to Dr. Gallos after witnessing
President Jenkins-Scotts hostile and abusive treatment of Dr. Gallos at a meeting. Mr. Leo
stated, I am so sorry. She [President Jenkins-Scott] promised me things would be different
this time.
105.

Mr. Edward H. Ladd, Chairman Emeritus of the Wheelock College Board,

then a member of its Finance Committee and a long-time supporter of the College, asked Dr.
Gallos at the Wheelock Passion for Action scholarship dinner for a private word. He then
said, I hope Jackie [President Jenkins-Scott] is treating you better. I apologize in the name
of the College.

Please believe we never expected it would be so hard.

He also

recommended Dr. Gallos speak with Ms. Taylor for guidance and protection.
106.

On December 4, 2013, Ms. Taylor invited Dr. Gallos and Ms. Port to meet at

her home. During this meeting, Dr. Gallos reiterated her concerns about the hostile and
racially toxic work environment created by President Jenkins-Scott. Ms. Taylor thanked Dr.
Gallos and stated, Please know that it is not you. We know Jackie [President Jenkins-Scott]
is abusive.
107.

Following up on this meeting, on December 23, 2013, Dr. Gallos sent a

confidential email to Ms. Taylor and Ms. Port summarizing her key concerns about College
leadership and President Jenkins-Scotts escalating accusations of racism against Dr. Gallos.
In the email, Dr. Gallos noted how President Jenkins-Scott had verbally attacked her in
meetings by stating, for example, that Wheelock had never been so bad because Dr. Gallos
is poison, and that her efforts to engage faculty and raise the institutions standards were
crap.
sit up unaided. President Jenkins-Scott persisted until a nurse came into the room, said Dr. Pasch was in no
condition to sign anything significant, and encouraged President Jenkins-Scott to leave.

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December 2013 faculty letter


108.

On December 20, 2013, 22 of Wheelocks then 30 tenured faculty members

sent a letter to President Jenkins-Scott and the Board of Trustees detailing their concerns
about College governance and President Jenkins-Scotts management of the College (the
December 20, 2013 letter). Their concerns included lack of administrative support for
tenure track hiring, an admissions policy that was admitting students who needed more
support than the College was offering, and fears that President Jenkins-Scott and her
supporters were targeting Dr. Gallos unfairly in the pattern of previous VPAAs. Faculty
members did not include Dr. Gallos in their discussions as they prepared or sent the letter, nor
did she participate in any of its drafting.
109.

In response to the December 20, 2013 letter, President Jenkins-Scott accused

Dr. Gallos of facilitating. This was untrue and Dr. Gallos repeatedly said so. On or about
January 8 and January 21, 2014, President Jenkins-Scott also described it as a personal
attack by the faculty against her, motivated by race.
110.

At a January 8, 2014 ILT meeting, President Jenkins-Scott attended via

teleconference. She stated that she and Ms. Taylor were away together at a Florida retreat and
had been discussing the December 20, 2013 letter. She expressed her suspicions, in front of
Dr. Gallos peers and direct reports, that Dr. Gallos was the cause of faculty discontent and
tensions with President Jenkins-Scott that the letter reflected. President Jenkins-Scott also
implied that she suspected Dr. Gallos of fabricating false concerns and planting them among
the faculty to make President Jenkins-Scott look bad, in order to deflect away from Dr.
Gallos own poor leadership as VPAA. President Jenkins-Scott said, as she was to do
repeatedly (but falsely), that her problems only began when Dr. Gallos arrived at Wheelock,
and that she had said so to Ms. Taylor.

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111.

Dr. Gallos was shocked to hear this. President Jenkins-Scotts views were not

well founded.
112.

Dr. Gallos was also surprised to learn that other members of President

Jenkins-Scotts inner circle on the ILT had been conferring with her over the holiday break,
without informing or involving Dr. Gallos, to draft a report to the Board of Trustees critical
of the December 20, 2013 letter.
113.

In a one-on-one meeting between Dr. Gallos and President Jenkins-Scott on

January 21, 2014, President Jenkins-Scott stated, I am concerned about the divisiveness and
hearing from our faculty that theres a sickness going on at Wheelock. Things are not
happening in the best interest of the College. The divisiveness is caused by you, Joan. There
was never divisiveness or faculty protests until you came, and now there is.
114.

This was a remarkable attempt to rewrite history and shift blame to Dr. Gallos

for President Jenkins-Scotts own failings. For example, in 2010, the faculty passed a straw
vote of no confidence in President Jenkins-Scott, after months and months of difficult
faculty meetings and mounting frustration among the faculty that they could not develop a
productive working relationship with her. Similar tensions had been documented in a report
called The Listening Project. Persistent tension between President Jenkins-Scott and the
faculty had been a theme of her presidency and had provoked multiple interventions by
faculty and Board members, such that it was well-known to and acknowledged by the
Wheelock Board, Ms. Taylor and members of the Wheelock community, long before Dr.
Gallos recruitment to Wheelock.
115.

Other staff members and senior administrators also feared retaliation by

President Jenkins-Scott.

A senior Wheelock administrator told Dr. Gallos that it was

mandatory for her (i.e. the administrator) to contribute to the ILTs rebuttal of the faculty
letter: Our jobs are on the line. We have to defend Jackie. Were not tenured like you.

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Youre on your own here. Another senior administrator said to Dr. Gallos privately (but
never publicly or in an ILT meeting), It is so wrong that Jackie is blaming you for
everything faculty are doing or saying. It is so unfair, and so much of what they [faculty] are
saying is right.
Boards response to Dr. Gallos concerns
116.

On January 17, 2014, Dr. Gallos met again with Ms. Taylor and Ms. Port. She

repeated her concerns about poor governance, diminishing faculty morale, and the academic
needs of the College, and reiterated her concerns about both the hostile and racially charged
work environment she and others were experiencing, in addition to the Presidents disturbing
comments about not wanting to hire white administrators.

Dr. Gallos agreed to Ms.

Taylors request to share with a few selected members of the Board Executive Committee the
email Dr. Gallos had sent to Ms. Taylor and Ms. Port on December 23, 2013, summarizing
the issues discussed in their December 4, 2013 meeting.
117.

While Ms. Taylor acknowledged all of Dr. Gallos comments as consistent

with her experience of President Jenkins-Scott, she was also now less sympathetic.
Something had changed after her Florida retreat with President Jenkins-Scott. Ms. Taylor
told Dr. Gallos that she should refrain from reaching out to the Board any further about her
difficulties with President Jenkins-Scott; this was despite the fact that it was the Board who
had initiated the contacts with Dr. Gallos to inquire about how President Jenkins-Scott was
performing, and Ms. Taylor who had suggested Ms. Port check in periodically with Dr.
Gallos on her working relationship with President Jenkins-Scott.

Despite the Boards

awareness of repeated reports over many years and from many academic leaders that
President Jenkins-Scott targeted her enemies, was abusive and discriminated based on race,
they again chose to look the other way.
The Board mandates mediation
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118.

Instead, Ms. Taylor, in her role as Board Chair, had hired leadership coach

Leslie Kagan to hold three mediation sessions between Dr. Gallos and President JenkinsScott, from February to April 2014, with the implication that President Jenkins-Scott and Dr.
Gallos were equally to blame for the conflict between them. Ms. Taylor did not ask Dr.
Gallos whether this approach made sense; she simply made the decision, got the approval of
the Board, and announced it to Dr. Gallos.
119.

It was clear, however, that President Jenkins-Scott had been a partner in the

development of the mediation plan, because Dr. Gallos, to her surprise and embarrassment,
was to first hear in detail about it when President Jenkins-Scott announced it to the full ILT at
one of its meetings.
120.

President Jenkins-Scott did not show a willingness to cooperate during the

mediation sessions with Ms. Kagan and her associate Karen Nell Smith. During the first
session on February 25, 2014, when discussing the budget for faculty stipends over the
summer so that Ms. Kagan could observe President Jenkins-Scott and Dr. Gallos working
together, President Jenkins-Scott said I dont want a racial split on this! implying that Dr.
Gallos would have disproportionately awarded stipends based on race. President JenkinsScott then told Ms. Kagan and Ms. Smith, while Dr. Gallos sat beside her, that Dr. Gallos
better step up her game on race, and praised Dr. Davis, a woman of color, as an exemplar
for always having my back.
121.

President Jenkins-Scott declared at the first mediation session that she did not

respect Dr. Gallos and did not wish to reconcile with her. She repeated this message at the
other two mediation sessions and to Dr. Gallos in other private and public settings.
122.

President Jenkins-Scott also stated that she did not believe Ms. Kagan, who is

white, could understand her experiences as a black woman enough to mediate effectively

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between her and Dr. Gallos. President Jenkins-Scott subsequently refused to work with Ms.
Kagan as her individual leadership coach for the same race-based reason.7
123.

At the end of the second mediation session, Ms. Kagan suggested they stop

altogether because President Jenkins-Scott refused to engage with the process, and Ms.
Kagan could see the additional psychological and physical health damage the sessions were
causing Dr. Gallos. Ms. Kagan agreed with Dr. Gallos assessment that the behaviors and
language President Jenkins-Scott was using toward her were demeaning and abusive, but
naively suggested this did not imply any threat to Dr. Gallos job.
124.

When Dr. Gallos told Ms. Kagan that she was worried about her longevity as

VPAA, Ms. Kagan said, Dont worry. You cant be killed off without an investigation.
You have too much faculty and Board support.
125.

On March 24, 2014, Ms. Kagan told Dr. Gallos, I plan to communicate

[reports of the mediations] to Kate [Taylor] so she can open up the Board to seeing Jackies
negative dynamics. This is something that will have to play out on the Board. They must
decide but now have refocused lenses: Jackie may be good externally, but she has created a
mess internally and this [mediation activity] confirms everything the Board has heard from
you and others.
126.

After a final mediation session on March 27, 2014, Ms. Kagan told Dr. Gallos

that co-existing is the best you can expect from President Jenkins-Scott and that
establishing safety measures to protect yourself will be important. This change in advice
indicated that Ms. Kagan now perceived President Jenkins-Scotts behavior as a real threat to
Dr. Gallos career and health.
127.

When Board member Dr. Fred Foulkes asked Dr. Gallos how the mediation

had gone, she reported Ms. Kagans conclusion that President Jenkins-Scotts truculence had
7

Ms. Kagan, in addition to being an executive coach, is an interfaith chaplain who has been praised for her
constructive, compassionate and productive manner and the social justice mission of her practice.

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made it fail. Mr. Foulkes then asked Ms. Taylor about her plans to inform the Board about
President Jenkins-Scotts unwillingness to cooperate. Ms. Taylors first response was to
snap: Who told you about that? Thats my confidential information. She said that she did
not want to share Ms. Kagans reports on the mediation sessions with the Board because they
would be embarrassing to Jackie.
128.

Mr. Foulkes pushed back, saying that the Board had authorized the mediator

and had a right to know the results. At that stage, Ms. Taylor acquiesced, allowing some sort
of report to be given to the Board.
129.

On or about April 15, 2014, Ms. Taylor told Dr. Gallos that the Board now

had what it needed to see regarding Jackies behavior toward you and that shes not
coachable.
130.

This, however, was not an endorsement of Dr. Gallos or offer of support. Ms.

Taylor told Dr. Gallos to hang in there and use Ms. Kagan for support. Ms. Taylor also
said that President Jenkins-Scott would discontinue her individual coaching sessions with Ms.
Kagan and find someone she feels is more supportive of her as a black woman. Again, in
the face of insubordinate and abusive behavior from President Jenkins-Scott, Ms. Taylor
acquiesced.
131.

Dr. Gallos asked Ms. Taylor what safeguards would be put into place for her

now that Ms. Kagan had observed and verified President Jenkins-Scotts hostility, abuse, and
discriminatory treatment towards her. Ms. Taylors response was I have worked for an
abusive boss for years, and I just got up every day and put a smile on my face. I suggest you
think about the same. Ms. Taylor said her energy was going into doing all she could to
make Jackie the best president she can be.
132.

At about this same time, the Board confirmed with President Jenkins-Scott

that she would depart at the end of her current contract of employment on June 30, 2016 with

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a golden parachute of an additional full year of her presidential salary and benefits
package, estimated at $500,000, without any responsibilities or deliverables for the College
The Boards strategy appeared to be to keep things quiet and preserve the appearance that all
was well at Wheelock and with President Jenkins-Scott, regardless of the actual effects of
that approach on those who worked at the College such as Dr. Gallos, or on the success of the
College itself.
133.

If President Jenkins-Scott were white, and Dr, Gallos were African American,

it is inconceivable that Ms. Taylor and the Wheelock Board would not have intervened to
protect Dr. Gallos from the torrent of race-based abusive behavior President Jenkins-Scott
meted out.
134.

On May 7, 2016, Dr. Dines met with Dr. David Chard, the Colleges incoming

President who was to replace President Jenkins-Scott on July 1. He told her, confirming
some of the criticisms raised by the faculty in the December 20, 2013 letter, that it did not
seem to him that Wheelock under President Jenkins-Scott had really tried to become more
multicultural, because programs, support systems and administrative offices had not been set
up to help underqualified students. He told her he could not believe how many people at the
vice president level there were in such a small school which meant he agreed that the
faculty had been right to allege that the administration under President Jenkins-Scott had
become bloated. At the same time, he felt many senior administrators lacked talent, and it
did not appear to him that the Board had a lot of knowledge about higher education. He
thought many programs needed energizing. He also thought the Colleges problems were
deep-rooted and could not be turned around overnight.
135.

President Chard, who had been consulting Board members, also told Dr. Dines

that it was his impression that the Board had been listening to the faculty about the schools
many problems, so the question for him was why they did nothing and had let such

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mismanagement take root and continue to grow. He said he thought the Board was scared to
tackle the problem because it would become a racial issue if they tried to fire President
Jenkins-Scott.
136.

In this context, where the Board saw many problems with the College but

fundamentally had lost control over President Jenkins-Scott and was scared that firing her
would provoke accusations of racism, it is not surprising that Ms. Taylor and the Board
decided to sacrifice Dr. Gallos regardless of the quality of her work or the merits of her
complaints of discrimination and retaliation.

They concluded they could not solve the

problems Dr. Gallos had pointed out without terminating President Jenkins-Scott, and that
was something they were unwilling to tackle.
Dr. Gallos puts Wheelock formally on notice about President Jenkins-Scotts bullying and
hostility
137.

On March 21, 2014, Dr. Gallos called a meeting with the Director of HR,

Michelle Crews, to report President Jenkins-Scotts behavior. Dr. Gallos described President
Jenkins-Scotts hostility, her illegal comments about not hiring another white dean, and her
race-based criticisms and suspicions of Dr. Gallos and other faculty. Dr. Gallos explained
that she had sought advice from an attorney and her physician regarding sustained
psychological and physical damage from President Jenkins-Scotts intense and prolonged
abuse.
138.

When Dr. Gallos described President Jenkins-Scotts behavior as contributing

to a hostile work environment, Ms. Crews did not mention Dr. Gallos legal rights or that
race-based discrimination against any racial group, including white employees, is prohibited
under Title VII. She also failed to advise Dr. Gallos of the Wheelock protocol for making an
internal complaint against another employee; did not take notes during the meeting; and did
not follow up with Dr. Gallos after the meeting. Instead, she told Dr. Gallos that she would
not be paid and would need a doctors verification if she chose to take a medical leave to
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recover from her abuse and avoid further abuse.

Dr. Gallos understood from this

conversation that the College was going to back President Jenkins-Scott no matter what legal,
civil rights or HR violations she was committing, and therefore did not press the issue further
with Ms. Crews.
139.

After the failed mediation sessions and Ms. Kagans reports to Ms. Taylor,

President Jenkins-Scotts volatility and aggression toward Dr. Gallos increased.


The following are examples of President Jenkins-Scotts hostile behavior towards Dr. Gallos
from that point on:
a.

Repeated taunts, mocking and untrue accusations at weekly ILT meetings.


These included comments such as I bet we all know who in this room was on
her phone last night and some little birdie at this table has been saying
things, then citing a twisted fictionalization of a statement purportedly made by
Dr. Gallos to a faculty or Board member;

b.

Refusing to allow Dr. Gallos to chair an ILT meeting in her absence as accorded
every other Vice President and others at a lower rank, like Ms. Rosa;

c.

Blaming Dr. Gallos in ILT meetings, their one-on-one meetings, and to the
Board for faculty actions that questioned or opposed President Jenkins-Scotts
preferences, even though Dr. Gallos had nothing to do with them and often did
not even know about them;

d.

Asking Dr. Davis to take notes at Dr. Gallos various meetings around campus
so that she could take comments out of context to attack Dr. Gallos;

e.

Saying Dr. Gallos was plotting against her with faculty at secret meetings, when
these meetings were part of her normal VPAA responsibilities and often listed
on the public Faculty Senate calendar issued by President Jenkins-Scotts own
office;

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f.

Defaming Dr. Gallos to senior partners at prestigious executive search firms


(e.g.,

Steve

Leo

of

Storbeck/Pimentel

and

Jan

Greenwood

of

Greenwood/Asher), including saying she was untrustworthy, a disaster at


Wheelock and lacked leadership;
g.

Falsely and repeatedly blaming Dr. Gallos, despite evidence provided by VP


Martorana and HR, for making academic areas of the College more white due
to her search and hiring processes;

h.

Defaming Dr. Gallos to Ms. Joanne Soliday, founder of Credo Consulting which
has had multiple lucrative contracts8 with the College, in addition to a retainer in
2014-2015 for Ms. Soliday to coach President Jenkins-Scott, mentor Ms.
Taylor, and advise the Board. Without ever speaking one-on-one with Dr.
Gallos to understand her work, strategies, and accomplishments, Ms. Soliday
repeatedly broadcast President Jenkins-Scotts criticisms of Dr. Gallos on
campus, to Ms. Taylor and to the Board. At an ILT strategic planning meeting
in spring 2014, for example, Ms. Soliday embarrassed Dr. Gallos in front of her
direct reports and VP peers by stating she pandered to faculty, lacked leadership
qualities, and lacked knowledge about contemporary higher education a
remarkable statement given Dr. Gallos broad experience in higher education
and that her co-authored book (Reframing Academic Leadership) is a best
seller and used in all of Harvards higher education programs and executive
institutes. Ms. Soliday also parroted President Jenkins-Scotts line that no one
likes working with you, Joan again without ever having engaged Dr. Gallos in
substantive discussion. In addition, Ms. Soliday called Ms. Kagan in summer

The Boston Globe on June 15, 2015 reported that in 2014, President Jenkins-Scott spent more than $920,000
on consultants. President Jenkins-Scotts excessive use of consultants has been a heated, long-term complaint of
faculty.
https://www.bostonglobe.com/metro/2015/06/15/wheelock-college-faces-myriad-challenges-reportsays/EirQp5Gxx9XCFHKFO8Lz6L/story.html

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2014, suggesting Ms. Kagan fix Dr. Gallos but was less receptive when Ms.
Kagan reported her observations about President Jenkins-Scotts defiance and
abusiveness during the three mediation sessions; she promised a follow-up
conversation with Ms. Kagan after conferring with President Jenkins-Scott that
never came.
i.

Attacking and blaming Dr. Gallos at a session with Kingston Bay Group
consultants as the reason for Wheelocks troubles and for campus racial strife;
and

j.

Persistent petty rudeness and power plays, such as refusing to acknowledge Dr.
Gallos greeting, ignoring her questions or comments at public meetings, and
scheduling meetings on topics for which Dr. Gallos extensively prepared, only
to arrive to find that President Jenkins-Scott was travelling or out of the office
and had not asked her assistant to postpone or cancel.

140.

Despite these volatile, hostile and discriminatory working conditions, Dr.

Gallos came into the office each day, intent on doing her best for the College.

A Diversity Climate Survey is instigated immediately after some faculty raise concerns
about racism, contrary to how similar concerns raised by faculty about academics and
about Jewish inclusion are treated
141.

At a Faculty Senate meeting on April 4, 2014, faculty member Dr. Detris

Adelabu, who is African American, raised concerns about the December 20, 2013 faculty
letter. Relying on available campus statistics, it reported that the average SAT score for
incoming freshman had dropped from 1041 to 993 in the past ten years and the percentage of
students being retained after the first year had dropped to 63%, which was bad for the
students and the College. The College did not have the resources to support adequately what
the letter termed underqualified students, and the letter expressed concern that Wheelock
would become less attractive to students and faculty if this trend continued.
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142.

Dr. Adelabu asserted at the Senate meeting that the letter had been motivated

by race, and on April 9, 2014, she sent an open letter to the administration, signed by her
and seven other faculty members, criticizing the December 20, 2013 faculty letter as racially
motivated.
143.

Dr. Adelabu (and later Dr. Adelabu and her colleagues) had concluded that

underqualified students was racist code for students of color. Her letter called for President
Jenkins-Scott to ensure that Wheelock engaged more fully around issues of diversity.
144.

President Jenkins-Scott responded quickly to Dr. Adelabus April 9, 2013

letter, hiring an external diversity consultant, the Kingston Bay Group (KBG), which
became a firm ally of President Jenkins-Scott. KBG then conducted an extensive diversity
survey and wrote a major report that was distributed to the College community.
145.

By contrast, the December 20, 2013 faculty letter did not even receive

acknowledgment of receipt from President Jenkins-Scott for more than a month, which came
only after faculty members asked the assistant to Ms. Taylor and the Board what was
happening.
146.

In even starker contrast, when six Jewish faculty members wrote a similar

letter expressing concerns that Wheelock had very little programming or support for Jewish
culture and should devote some of its diversity efforts to being more inclusive of Jewish
perspectives, President Jenkins-Scott and her allies dismissed the concerns out of hand and
treated two of its signatories, Dr. Gail Dines and Dr. Eric Silverman, as enemies who had to
be neutralized.
Dr. Dines and Dr. Silverman are targeted for retaliation, using false complaints about
racism
147.

In April 2015, President Jenkins-Scott became determined to investigate and

punish Drs. Dines and Silverman, whom she apparently saw as enemies after their letter

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criticizing the lack of Jewish inclusion, based on flimsy allegations that they had used racist
language in their classes.
148.

At a meeting on April 30 2015, Dr. Gallos spoke with President Jenkins-Scott,

Dr. Malone-Fenner, Ms. Rosa (now the Diversity Council co-chair), and Dr. Joe-Joe
McManus from KBG to determine the basis of these allegations and what steps to take.
President Jenkins-Scott and Dr. McManus were clearly in favor of proceeding with a punitive
investigation and putting Drs. Dines and Silverman on unpaid leave while it was conducted.
But they refused to let Dr. Gallos see any of the evidence allegedly indicating racism or
irresponsible teaching about race by Drs. Silverman and Dines, even in a redacted form. Nor
was she permitted to see any notes or evidence supposedly collected by Ms. Rosa, Dr.
Malone-Fenner, Dr. McManus, or other KBG consultants working on campus and reporting
to Dr. McManus, even though this evidence had already been shared with Ms. Taylor and the
Boards Executive Committee.
149.

In advance of the April 30, 2015 meeting, Dr. Gallos examined the syllabi of

Dr. Silverman and Dr. Dines and saw that they were responsible and consistent with
Wheelock policy and best pedagogical practices.

She knew both Dr. Dines and Dr.

Silverman to be outstanding and well-respected teachers, with strong student evaluations,


who had been teaching about sensitive matters concerning race, language and power for
years.
150.

She also noted that other professors (including Drs. Lazerow, Durand, and

Battenfeld) who used the n-word in their teaching in ways similar to Drs. Dines and
Silverman, but had not signed the September 22, 2014 letter advocating Jewish inclusivity,
were not being similarly targeted for investigation by President Jenkins Scott and Dr.
McManus. Dr. Gallos made these points in the April 30, 2015 meeting, and was ignored.

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151.

Dr. Gallos again made these points at a second meeting on May 4, 2015 of the

same senior staff, chaired by President Jenkins-Scott, plus Dr. McManus, and attended also
by Attorney Hirsch at Dr. Gallos invitation. Her data and concerns were again overruled, and
President Jenkins-Scott directed her to investigate Drs. Silvermans and Dines alleged
racism.

In the meeting, President Jenkins-Scott taunted Dr. Gallos in a mocking tone,

referring to the faculty members in discussion as your Gail Dines and your Eric
Silverman, as if implying Dr. Gallos was colluding with them and would not be fair and
impartial in examining the situation.
152.

According to the Faculty Handbook, the process for handling student

complaints is that the faculty member should discuss the problem with the person involved
in personal conference and attempt to resolve the matter by mutual consent. Without this
step being taken, and having heard no further information about the allegations against Drs.
Silverman and Dines, Dr. Gallos was hesitant to authorize an investigation.
153.

Because Dr. Gallos felt that President Jenkins-Scott and Dr. McManus were

designing the investigation not to be fair, that the underlying evidence was flimsy or
potentially concocted, and that no good case had been put forward to conduct it in the first
place, she asked to be relieved of responsibility for the investigation.
154.

That did not stop President Jenkins-Scott. On May 10, 2015, she wrote to Dr.

Villegas-Reimers and Dr. Durand of the Faculty Senate, stating that she still wanted to
conduct a fact-finding exercise concerning Drs. Dines and Silverman. ILT member Ms.
Martorana had solicited recommendations for investigators from the Colleges insurance
carrier, and she and Dr. Malone-Fenner were calling to check their availability.
155.

President Jenkins-Scott only stopped pushing for an investigation when

attorneys for Drs. Dines and Silverman sent a cease and desist letter to the College, but she
revived the idea in 2016 and ordered an investigation conducted by an outside law firm.

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Further false accusations by President Jenkins-Scott that Dr. Gallos is racially biased
156.

During this same time period, President Jenkins-Scott continued to protect

Drs. Malone-Fenner and Davis from any negative or even constructive feedback on their
performance and blocked Dr. Gallos from placing her full assessment of their performance in
their personnel folders.
157.

On May 6, 2015, Dr. Gallos and President Jenkins-Scott met to discuss Dr.

Davis performance review. President Jenkins-Scott said to Dr. Gallos, I dont want any of
your biases going in. She [Dr. Davis] is to be given a fair review. President Jenkins-Scott
had never raised any concerns about Dr. Gallos reviews of white staff members and said
nothing at all about the review of the third academic dean, Dr. Mitchell Sakofs, a white
Jewish male; her only expressed worries were about Drs. Malone-Fenner and Davis, who are
women of color. The implication was that Dr. Gallos would be prejudiced against them
because they were black, and not give them good performance reviews. However, both Drs.
Malone-Fenner and Davis had already been flagged as underperforming by multiple
stakeholders, including faculty, department chairs, former VPAAs, and Wheelock Board
members over a long period.
158.

On May 14, 2015, Dr. Gallos and President Jenkins-Scott attended a closed

executive session of the International Committee of the Board, to discuss what had become
an annual Board request to conduct a search for the Dean of International Programs and
Partnerships, Dr. Davis current position. The Board had been advocating a formal search for
several years, but President Jenkins-Scott had stymied this by renewing Dr. Davis contract
unilaterally and announcing it after the fact.

Dr. Daniel Stern Terris, Chair of the

International Committee, asked Dr. Gallos to attend the May 14, 2015 meeting, telling her
that her knowledge of higher education and research on international education models, plus

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her leadership, created a good basis for a search, which four other members of the
International Committee also endorsed.
159.

The meeting started contentiously. Committee members wanted to go into

executive session and discuss the long-awaited search.

President Jenkins-Scott and Dr.

Davis, however, arranged to start with a faculty panel instead viewed by Board members as
another diversion tactic. For the remainder of the meeting, President Jenkins-Scott was
hostile, sidestepped or criticized the Boards concerns, and left early.
160.

After President Jenkins-Scott left, multiple Board members, including Ms.

Taylor, expressed frustration with Dr. Davis performance and President Jenkins-Scotts
obstinacy in refusing to remove her.
161.

Later, President Jenkins-Scott severely reprimanded Dr. Gallos for circulating

notes of the meeting before she could alter them. President Jenkins-Scott stated, How dare
you circulate meeting minutes without asking me what I wanted them to say? implying that
she wanted to clean up criticisms about Dr. Davis performance from the minutes.
162.

On June 4, 2015, President Jenkins-Scott demonstrated overt contempt for Dr.

Gallos in front of the ILT team. She said, Joan [Gallos] is at the core of all our problems
this year. And why did I have to make a plan on how to work better with her? Why is that, I
ask you? We dont work well with you, Joan. What is your leadership anyway, Joan? We
have to have a better year than last. We have to remove evil from this organization. We have
to drive evil out. Now how are we going to do that? The implication was that Dr. Gallos
was the source of the evil at Wheelock and it would be impossible to fix its problems as
long as she remained VPAA or at the College.
163.

The date of this meeting was 26 days before Dr. Gallos was officially

terminated from her VPAA post, as President Jenkins-Scott knew. Further public abuse and
humiliation of Dr. Gallos at this stage were just gratuitous and outright mean. This incident

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neatly encapsulates the endless tide of harassments, retaliations and false accusations of
racism that Dr. Gallos endured at the hands of President Jenkins-Scott.
Refusal to conduct Dr. Gallos 2014-2015 performance evaluation
164.

In October 2014, Dr. Gallos was asked to complete a self-evaluation on her

own performance and submit it to President Jenkins-Scott before her 2013-2014 annual
review. Dr. Gallos sent the self-evaluation to President Jenkins-Scott on October 7, 2014,
asking her if she needed any further information to complete the review. President JenkinsScott responded, I want to see your full assessments of all your direct reports, especially
Linda [Davis] and Shirley [Malone-Fenner]. I have different views of their work. Dr.
Gallos did as asked.
165.

On October 17, 2014, Dr. Gallos inquired again with President Jenkins-Scott

about her own performance review. President Jenkins-Scott reported having some notes
somewhere which she couldnt find, and instead recounted a story about a woman she saw on
the Oprah Winfrey show who had left her marriage after many years of abuse. She stayed
for the sake of the children. She shouldnt have because it didnt help them anyway,
President Jenkins-Scott stated. President Jenkins-Scott seemed to be comparing her abuse of
Dr. Gallos in their relationship to that marriage, and intimating that she wanted Dr. Gallos to
leave Wheelock and that Dr. Gallos wasnt going to be able to protect the faculty (her
children) from what President Jenkins-Scott planned for them anyway.

(Dr. Gallos

regularly referred to the faculty as her academic family.) President Jenkins-Scott did not give
any review of Dr. Gallos performance, though she was required to do so.
166.

On two further occasions, October 21, 2014 and December 10, 2014, Dr.

Gallos reminded President Jenkins-Scott that she had not received a written response to her
self-evaluation despite President Jenkins-Scotts promise to do so. She did not respond.

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167.

On December 22, 2014, Dr. Gallos met with President Jenkins-Scott to, in

President Jenkins-Scotts words, complete your review before year end. The following
conversation took place:
President Jenkins-Scott:

If I have to do a performance review, I will have to go in a


different direction and give you notice. I dont think we
need that. So what is your plan going forward?

Dr. Gallos:

Jackie, I have been working hard, moving things forward. I


want to find better ways of doing my job as well as I can.

President Jenkins-Scott:

That plan is not working at Wheelock. I want to help you


position yourself for your next challenge. There are lots of
places for you. What do you think?

Dr. Gallos:

Jackie, Im not sure what you are saying. What places are
you talking about? Do you have something in mind?

President Jenkins-Scott:

No, I dont have anything particular in mind, but I would


not want it at Wheelock. Of course you are a tenured
faculty member, and I would have to honor that . . . I want
you to be successful, but not as the VPAA or at Wheelock.

Dr. Gallos:

So are you saying there is no option to stay on as VPAA for


the period we agreed on?

President Jenkins-Scott:

Thats right. No option after June 30, [2015].

Dr. Gallos:

Is this the time to bring Kate [Taylor] and the Board into
this discussion?

President Jenkins-Scott:

No. This is not a Board decision! This is my managerial


decision, and this is only between you and me.

168.

President Jenkins-Scott also stated, I need someone to have my back, and I

never felt you had my back a phrase she had used in speaking positively of Dr. Davis to
mediator Leslie Kagan in the failed mediation sessions the previous spring.
169.

President Jenkins-Scotts perception of Dr. Gallos as disloyal was determined

by race. Dr. Gallos is white, did not attend church in President Jenkins-Scotts historic

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African American congregation as other close senior staff did, did not spend time in the same
social circles, and, perhaps most importantly, did not agree that most or all of the faculty and
Board concerns about her performance were race-based. As a result, President Jenkins-Scott
treated Dr. Gallos with suspicion and hostility and discriminated against her.
170.

In fact, the written reason given by President Jenkins-Scott in her March 5,

2015 letter to Dr. Gallos for not renewing Dr. Gallos contract was President Jenkins-Scotts
perceptions of strains resulting from their difference[s] not Dr. Gallos failure to
perform in her role as VPAA.
171.

Under the terms of her Employment Agreement with Wheelock, the term of

Dr. Gallos employment was extended automatically from year to year and could be
terminated only for cause; death or disability; or for performance reasons. If termination was
for performance reasons, the College was contractually bound to follow the designated
procedure in the Agreement: to give written notice of specific performance failures and 30
days for Dr. Gallos to improve. But President Jenkins-Scott never provided the required
notice or period during which Dr. Gallos could improve. Had she given truthful answers at
Dr. Gallos performance review, she would have had to state that Dr. Gallos had achieved
numerous goals President Jenkins-Scott had set out for the year and much more, even while
working under the harassing conditions described in this Complaint, and had made
substantial progress in improving academic programs at the College. That would have
precluded terminating her for allegedly poor performance.
172.

No poor performance by Dr. Gallos was ever asserted by Wheelock, just

differences with President Jenkins Scott. Of course, every college and university has its
politics, and President Jenkins-Scott had as much right to engage in politics, preserve her job
and pick subordinates to her liking as any other college president. But she did not have the
right, either under the Agreement or under the laws of the United States or Massachusetts, to

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choose some faculty and staff as allies, and ostracize and demean others as enemies, on the
basis of their race. But that is why Dr. Gallos was abused and then terminated.
173.

In fact, President Jenkins-Scotts own words on December 22, 2015 confirm

that Dr. Gallos did not receive President Jenkins-Scotts full support as promised at her
hiring because President Jenkins-Scott did not want her to succeed: I [President JenkinsScott] want you [Dr. Gallos] to be successful, but not as the VPAA or at Wheelock.
Board sentiment following Dr. Gallos termination
174.

President Jenkins-Scott was worried that she might lose significant Board

support for firing Dr. Gallos. Ms. Taylor was informed in advance and agreed with President
Jenkins-Scotts decision, but many other Board members were shocked when President
Jenkins-Scott dropped Dr. Gallos firing into her update on personnel changes in the
middle of the March 5, 2015 Board meeting, with no time allotted on the agenda for
discussion.
175.

President Jenkins-Scott exited the meeting after her update, and as they had

planned, Ms. Taylor moved along with the rest of the Board agenda.
176.

President Jenkins-Scotts personal coach and favorite consultant, Ms. Soliday

who individually and through her company (Credo Consulting) had received hundreds of
thousands of dollars in consulting and retainer fees at President Jenkins-Scotts
recommendation was waiting in the hallway, eager to hear, Howd it go, Jackie?
177.

Neither noticed Dr. Gallos also in the hallway, awaiting President Jenkins-

Scott as previously planned so they could make joint phone calls congratulating faculty who
just received tenure, promotions, and sabbaticals from the Board.
178.

President Jenkins-Scott intimated to Ms. Soliday that she was not sure and

expressed anger at some of those fucking Board members.

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179.

Ms. Soliday held President Jenkins-Scotts shoulder, as in a gesture of

comfort, and said Dont you worry, Jackie. I have them [the Board] all day tomorrow. By
the time Im through, its going to be all right! Both women laughed.
180.

Ms. Taylor had arranged for Ms. Soliday to lead a full day Board retreat the

next day.
181.

Board members were shocked once more at the next days retreat when they

expected to discuss Dr. Gallos firing, only to learn that President Jenkins-Scott had already
given Dr. Gallos her termination letter immediately upon exiting the Board room the previous
day. The deed was done, without any consultation with them whatsoever.
182.

During the retreat, Ms. Taylor and Ms. Soliday returned to their mantra that

this was President Jenkins-Scotts choice and that questioning her managerial judgment
weakened the Office of the President.
183.

Ms. Taylor reiterated these themes in her April 6, 2015 letter to faculty in

response to their demand for Dr. Gallos reinstatement as VPAA.


Faculty protests following Dr. Gallos termination
184.

Upon hearing rumors of Dr. Gallos firing, faculty members met in emergency

sessions of protest and drafted a statement of confidence in Dr. Gallos, detailing her
accomplishments.

On March 18, 2015, Faculty Senate sent the following statement to

President Jenkins-Scott, the ILT, and the Board: We, the faculty, affirm our confidence in
Dr. Joan Gallos as chief academic officer in the role of Vice President for Academic Affairs.
185.

On March 23, 2015, President Jenkins-Scott notified the Faculty Senate co-

chairs that Dr. Gallos contract would end on June 30, 2015 and she would appoint an interim
Vice President thereafter. On behalf of the faculty and the Faculty Senate, the Faculty Senate
co-chairs read a prepared statement to President Jenkins-Scott:, We support our academic
leader (as evident by the vote of confidence in Joan Gallos), and in no way endorse the

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decision to not renew our VPAAs contract, a decision that goes against shared governance,
in that it was made without any consultation of faculty. Senate is also deeply concerned with
the lack of continuity in the VPAA office . . .
186.

On March 25, 2015, Faculty Senate sent another letter to the President, Board

and ILT, informing them that the faculty again voted overwhelmingly to endorse another
statement in support of Dr. Gallos, this time stating, The faculty calls for the renewal of the
contract of the current Vice President of Academic Affairs, Joan Gallos. President JenkinsScott did not respond.
187.

Ms. Taylor wrote to the faculty on April 6, 2015 confirming that Dr. Gallos

was leaving and that President Jenkins-Scott had her and the Boards full support. Curiously,
in response to the facultys request to reinstate Dr. Gallos, Ms. Taylor wrote in praise of
President Jenkins-Scotts leadership coach, Ms. Soliday. Joanne [Soliday] has been working
with the senior leadership team and recently with the board of trustees Trustees would
very much like the faculty as a whole to engage with Joanne and have a substantive session
with her. I request that the Faculty Senate make this a high priority in early fall.
Dr. Malone-Fenner is treated more favorably because of her race
188.

On June 24, 2015, President Jenkins-Scott announced the appointment of Dr.

Malone-Fenner to replace Dr. Gallos as VPAA, despite the fact that (1) President JenkinsScott had previously agreed that Dr. Malone-Fenner should be removed as Dean (a less
senior position than VPAA) because she had functioned poorly in the role, and (2) Dr.
Malone-Fenner had been eliminated from the last VPAA search (the one which had picked
Dr. Gallos) as a weak candidate, even before the semi-final interview stage.
189.

By replacing Dr. Gallos with Dr. Malone-Fenner, President Jenkins-Scott

demonstrated that personal loyalty and a perceived alliance based on race was more
important than the competence, success, and vision demonstrated by Dr. Gallos. President

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Jenkins-Scotts desire to be surrounded by members of her racial group took precedence over
hiring someone with the right qualifications for the position.
190.

President Jenkins-Scott also announced there would be no international deans

search and that she had renewed the contract of Dr. Davis to remain as Wheelocks Dean of
International Programs and Partnerships.
191.

Several weeks into the Fall 2015 semester, Dr. Malone-Fenner was found to

have plagiarized several large passages in her August 6, 2015 welcome letter to the Wheelock
community from similar letters by the Presidents of Rutgers, Harvard and the University of
the Pacific. As VPAA, Dr. Malone-Fenner was in charge of academic standards and student
plagiarism cases at the College, and here she had violated College policy through her own
academic dishonesty.
192.

Although dismissal would have been the most appropriate sanction under the

circumstances, President Jenkins-Scott continued to show support for Dean Malone-Fenner.


President Jenkins-Scott first sent a letter of her unwavering support for Dr. Malone-Fenner to
the Board and campus minimizing the issue and asked her faculty supporters to disseminate
statements that the plagiarism claims were exaggerated.
193.

The issue did not go away, however, and on September 14, 2015, President

Jenkins-Scott allowed her to resign as VPAA without consequence. Dr. Malone-Fenner was
placed a 16-month paid leave, with no reduction in her full administrative salary though she
was to perform no administrative duties, and she remains at Wheelock as a tenured faculty
member. Subsequently, further indications of possible plagiarism by Dr. Malone Fenner
were put before the Faculty Senate, but President Jenkins-Scott did not cause these to be
investigated further.

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194.

President Jenkins-Scott also approved Dr. Malone-Fenners return in the

spring of 2016 at a reduced teaching load so that she can pursue other leadership
opportunities at the College.
195.

Unlike Dr. Gallos, Dr. Malone-Fenner was not placed on unpaid leave,

pressured to give up her tenure or faculty appointment, assigned a punitive teaching load,
given a 43% salary cut, or required to give up her right to go on the Wheelock campus.
Compared to how President Jenkins-Scott treated Dr. Malone-Fenner, her treatment of Dr.
Gallos was punitive and based on race.
196.

President Jenkins-Scott did not replace Dr. Malone-Fenner after her

resignation. Instead, she appointed three co-deans of Academic Affairs. One of them was
Dr. Davis, to whom President Jenkins-Scott had already shown preferential treatment, and the
Board had sought to replace for many years for poor performance. Further, Dr. Davis is at an
associate professor level and is neither tenured nor teaching faculty. The other two deans had
only recently been appointed as interim deans, were both associate professors when
appointed, and neither had significant academic administrative experience. Dr. Gallos was
not contacted about reinstatement as VPAA.
President Jenkins-Scott continues to spread falsehood and venom about Dr. Gallos,
causing additional reputational harm
197.

Throughout the course of the 2015-2016 academic year, President Jenkins-

Scott continued to portray Dr. Gallos as a source of discontent that had to be eradicated,
describing her again in multiple ILT meetings as poison, and evil.
198.

President Jenkins-Scott repeatedly told her supporters in 2015 that Dr. Gallos

had sued the College, which produced multiple hostile emails and other communications to
Dr. Gallos. This was not true.
199.

This false story seriously affected her reputation in the higher education

community as well as Wheelock. When Wheelock was searching for a replacement for
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President Jenkins-Scott, Dr. Gallos was nominated by multiple sources, according to Ms.
Georgia Yuan, the recruiter at AGB Search in charge of the search, who contacted Dr. Gallos
as a potential candidate. Later, on December 18, 2015, she called Dr. Gallos back to say:
Why didnt you tell me you sued the College? But Dr. Gallos had not sued the College.
Ms. Yuan also said she had spoken with Kate [Taylor] and learned that Dr. Gallos had
brought no leadership to the VPAA position and would never be allowed to hold any
leadership position at Wheelock ever again. That marked the end of her candidacy.
200.

President Jenkins-Scott made similar criticisms of Dr. Gallos to senior

partners at two other major educational search firms, Storbeck/Pimentel and GreenwoodAsher.
201.

Later, President Jenkins-Scott also disseminated Dr. Gallos confidential

EEOC charge to the ILT, and stated to Dr. Stuart Lord, Chief Deputy to the President, that
she intended to disseminate it to others on campus. She ultimately did not, after Dr. Lord
warned her that this might constitute additional retaliation against Dr. Gallos.
202.

Wheelock employees who had worked closely with Dr. Gallos in her VPAA

role were directly told by President Jenkins-Scott, and again by the co-Deans, that they could
not be trusted or involved in significant decisions because of their past relationship with her
alone. Co-deans also made references to Dr. Gallos suing the college well before she had
even filed her EEOC complaint and after.
203.

Dr. Lord confronted President Jenkins-Scott about this, telling her that she was

taking unnecessary and deliberate actions to destroy Dr. Gallos career. He subsequently
reported to Dr. Gallos that he believed this to be the reason he was unceremoniously
dismissed from the Chief Deputy position and the College before the agreed end of his
service.

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204.

Wheelocks new President, Dr. David Chard, told Dr. Gallos on July 8, 2016

that many faculty and staff had told him about the horrible things done to Dr. Gallos by
President Jenkins-Scott, and that her reputation had been significantly damaged among the
faculty, staff, and students. The fact that the faculty, who one year previously had sent
President Jenkins-Scott and the Board several strong votes of confidence in favor of Dr.
Gallos, but according to President Chard now apparently disdained her contributions, is
evidence of the strong campaign against Dr. Gallos conducted by President Jenkins-Scott and
Ms. Taylor in the meantime. As President Chard was not present during Dr. Gallos term as
VPAA and was appointed following her departure, knew Dr. Gallos work first hand only
through her book used in his Harvard New Presidents Institute in July 2016 (which he
praised), and had no personal prejudice against her or experience of her work, his bleak view
of her reputation must have come from his conversations with Ms. Taylor, President JenkinsScott and others influenced by them.
Wheelock fails to act in accordance with the terms of the Agreement and treats Dr. Gallos
unfairly
205.

After terminating Dr. Gallos as VPAA contrary to the terms of the

Employment Agreement, Wheelock continued to retaliate against her.


206.

On August 2, 2015, Wheelock placed Dr. Gallos on unpaid leave against her

will. Dr. Jenkins-Scott said she wanted a clean break. But Dr. Gallos has been tenured,
with all associated rights, since spring 2013, and it was improper for Wheelock to pretend
these rights had vanished, including the right to be paid as a full professor.
207.

Dr. Gallos was immediately removed from the Wheelock faculty listserv (the

way the College communicates with all faculty), and as such she received no critical College
email communications. The College also removed her from the College website and did not
post her faculty biography.

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208.

In a first round of discussions about how to row back from the Colleges

failure to acknowledge Dr. Gallos tenured status, the College remained unusually vindictive.
In return for an offer of a single years paid research leave, it wanted her to turn in her
College ID, have no access to the Wheelock library, not be considered or refer to herself as a
Wheelock faculty member, agree never to work with any employees of the College, never
apply for any job at Wheelock in the future, not to step foot on the Wheelock campus, even to
pick up her personal mail delivered to the College, and give up her tenured position.
209.

After further conversations, Wheelock offered Dr. Gallos a paid research leave

of one year, on the condition that she would not be allowed on campus except to use its
library, and immediately give up her tenure. Dr. Gallos refused to accept these terms.
210.

The churlish offer to Dr. Gallos was in direct contrast to President Jenkins-

Scotts treatment of Dr. Malone-Fenners planned transition back to the faculty when she
stepped down as VPAA after having plagiarized her welcome speech. She assured Dr.
Malone-Fenner in writing that her transition would be handled with dignity and respect and
sent an email confirming this to Dr. Gallos immediately thereafter. In the end, Dr. MaloneFenner was given a 16-month paid leave, with no reduction in her full VPAA salary though
she was to perform no administrative duties. After her leave, she was given a reduced
teaching load so that she can pursue other leadership opportunities at the College. The
same cannot be said about Dr. Gallos transition. In the end, Dr. Gallos was returned to fulltime teaching, without any administrative responsibilities despite her long experience running
major academic enterprises, at a salary reduced 43% from her VPAA salary.
211.

Wheelock failed to send any written notice to the faculty or campus of Dr.

Gallos transition to full-time teaching. Both President Jenkins-Scott, in her annual summer
welcome back letter in August 2015, and Ms. Taylor, in her multiple letters to faculty about
new campus leadership and other topics, avoided saying anything, which caused confusion

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among faculty and staff and embarrassment to Dr. Gallos. She still receives questions from
faculty and staff asking why she is still on campus, and what is she doing.
212.

The only known notice given, beyond President Jenkins-Scotts closed

discussions within her ILT, was at a weekly staff meeting in August 2015, when then Vice
President Roy Schifilliti said that Dr. Gallos would be returning as a faculty member and
instructed his staff not to treat her any better than anyone else on campus.
213.

As a result of this deliberately awkward way of handling her transition, the

faculty have no idea of the work and heavy teaching load Dr. Gallos has been carrying, and
some faculty members continue to avoid Dr. Gallos at meetings and College events,
presumably as they wish to avoid being contaminated by association.
214.

One week before the start of the 2015 fall semester, the College assigned Dr.

Gallos six full and different courses to teach for the year. Dr. Malone-Fenner, then the
VPAA, and other academic administrators told her that she had no choice but to accept
what the College ordered, and that this mandate came directly from President Jenkins-Scott.
215.

Dr. Gallos had never taught any one of these courses, at Wheelock or

elsewhere. Two were brand new to the Wheelock curriculum and required Dr. Gallos to
create completely new syllabi and lesson plans, for which Wheelock faculty are given release
time from their regular teaching load and are almost never asked to develop more than one
course at a time. No release time was given to Dr. Gallos.
216.

The Wheelock regular teaching load is six courses across the full academic

year; however, tenured full professors do not teach six different courses requiring six
different preparations, including some newly created ones. They would do multiple sections
of the same course in a year, reusing the same class preparations with multiple student
audiences.

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217.

No senior tenured faculty member at Wheelock has been asked to do this

except for Dr. Gallos. This sort of teaching load plus course development assignment is not
only unheard of at Wheelock, but in American higher education generally, especially for a
full professor with an international reputation and strong and active publication record
unless strategies like this are intentionally being employed to force them to leave the
institution.
218.

Even Ms. Soliday, the gifted thinker and leader in higher ed[ucation] as

described by Ms. Taylor in her April 6, 2015 email to faculty, told Wheelock faculty in
September 2015 that it was best practice at an institution like Wheelock to ask faculty to
have no more than three different courses to prepare (and then repeat) maybe, at times,
four in a six course load.
219.

Wheelock designed Dr. Gallos teaching load and conditions to set her up to

fail or drive her out in frustration or exhaustion. This was retaliatory and part of President
Jenkins-Scott and Ms. Taylors policy of punish and push out.
220.

Dr. Gallos taught her six assigned courses to excellent reviews in 2015-2016.

221.

In May 2016, Dr. Gallos accepted the offer of her department chair, Dr. Irwin

Nesoff, of a single course release for Fall 2016 to alleviate her unusually heavy load and give
her time to develop a new concentration and first course in social entrepreneurship for the
Non-Profit Leadership Masters program. In June 2016, however, the co-Deans, who are
closely allied to President Jenkins-Scott, overruled Dr. Nesoff, and the release was removed.
222.

In August 2016, with President Jenkins-Scott having left office, the course

release was back on the table. Dr. Nesoff, the associate dean, and interim dean of the School
of Graduate and Professional Studies proposed this to President Chard, who was initially
supportive of the idea.

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223.

But late in the evening on August 31, 2016 Dr. Nesoff emailed Dr. Gallos that

President Chard had just intervened to deny her the course release. The next day Dr. Nesoff
told her finally what courses she had to teach starting in a few days. The list was different
from the ones she and Dr. Nesoff had previously agreed. A new course had been added. It is
very unusual for a full professor to have no say in what courses they teach.
224.

It is even more unusual for a college president to approve or intervene at the

department level to make decisions about individual teaching loads and a course release. Dr.
Nesoff already had a qualified candidate prepared to take on the released course, and was
surprised and also skeptical about President Chards decision to overrule Dr. Gallos release
time at the eleventh hour. He told Dr. Gallos this is not a budget issue of the sort that
would cause a president to micromanage in this way.
225.

The timing of Dr. Chards late night intervention correlated perfectly with the

timing of an email Dr. Gallos had sent, once more requesting mediation with Wheelock to
resolve the dispute that has given rise to this Complaint.
226.

The only reason President Chard intervened was to intensify pressure on Dr.

Gallos, the same punish and push out strategy developed and employed by President
Jenkins-Scott and her boss, Ms. Taylor now President Chards new boss.
227.

Despite a new captain at the helm, the Defendants discrimination and

retaliation against Dr. Gallos continue at full force. President Chard told Dr. Gallos and
others that Dr. Gallos could not return to her job as VPAA, in part because, using President
Jenkins-Scotts language, she was poison, and because the Co-Deans, all close allies of
President Jenkins-Scott, had told him they would refuse to work with Dr. Gallos. That
approach simply ratifies and continues the discrimination and retaliation started by President
Jenkins-Scott. President Chard has instituted some reforms. He has been happy for some of
President Jenkins-Scotts lieutenants to depart, including Dr. Davis, Ms. Rosa, and Mr.

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Schifilliti. He has announced to the campus that he is giving full year, paid leaves to Dr.
Dines and Dr. Silverman, who also have filed discrimination complaints against the College.
But with Dr. Gallos, the Jenkins-Scott regime remains in full force. Nothing has changed.
228.

President Chard told Dr. Dines in May and July 2016 that he had been assured

by the Board that the disputes that have given rise to this Complaint and complaints filed by
Dr. Dines and Dr. Silverman would be resolved by the time he assumed the presidency. That
did not happen. Wheelock has not treated Dr. Gallos claims with the seriousness they
deserve, despite repeated requests. The College appears to be continuing along the path first
set out by President Jenkins-Scott and her allies of totally denying that Dr. Gallos has
legitimate claims of breach of contract, fraud in her recruitment, workplace abuse,
discrimination and retaliation.
Lasting Damage to Dr. Gallos
229.

As a consequence of President Jenkins-Scotts unlawful termination and

hostility toward Dr. Gallos, backed by Ms. Taylor and now President Chard, Dr. Gallos has a
higher teaching load and less support for scholarship than she has had in her entire career,
and no opportunities for advancement or administrative involvement. Her return to full-time
teaching is thus properly viewed as a demotion and derailment of the unblemished academic
leadership career she built for more than 30 years.
230.

Dr. Gallos reputation at Wheelock has been severely damaged. She has been

spat on in faculty meetings and received hate mail from faculty close to President JenkinsScott. She has been told by Ms. Taylor, President Jenkins-Scott, the AGB presidential search
consultant Ms. Yuan, and now President Chard that she will never be allowed to assume
another leadership position at the College.
231.

Furthermore, Dr. Gallos termination has significantly damaged her ability to

obtain comparable employment elsewhere.

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232.

Beginning in early January 2014, Ms. Taylor and other Board members

planted seeds of doubt about Dr. Gallos with key members of the Boston-area higher
education community by soliciting their input on how to address the problems at Wheelock
caused, as they described it, by Dr. Gallos and President Jenkins-Scott.
233.

Dr. Gallos told Ms. Taylor in a meeting on or around January 15, 2014 that the

problems at Wheelock were not caused by some kind of garden-variety tension between, as
Ms. Taylor described it, two strong-willed women, but by President Jenkins-Scotts
discrimination and abuse.

Portraying Dr. Gallos as equally responsible for Wheelocks

problems was false and damaging to her reputation. But Ms. Taylor brushed off this warning.
Dont worry, Im only speaking to professionals and theyll be discrete, she said. In the
small world of high-level educational recruitment, this story line of a catfight between two
possibly unreasonable women poisoned Dr. Gallos reputation.
234.

In 2014 and 2015, President Jenkins-Scott and Ms. Taylor gave untrue,

negative and retaliatory assessments of Dr. Gallos to consultants at three major, national
higher education search firms. President Jenkins-Scott provided two with hostile evaluations,
saying Dr. Gallos had poor performance and difficulty working with others, was
untrustworthy, and showed a lack of leadership, despite significant evidence to the
contrary. Ms. Taylor said the same to AGB Search.
235.

After submitting her resume for a position in 2014, Dr. Gallos was told by the

search consultant that she did not advance from the semi-final to the finalist stage because
people couldnt get past the Wheelock optic. She was told that had she applied from her
former position at the University of Missouri, she would have been a shoe in.
236.

Although nominated by multiple people for another senior position for which

Dr. Gallos was well-qualified, the search firm -- one of the firms to whom President Jenkins-

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Scott gave a negative assessment of Dr. Gallos -- did not even contact her to solicit her
interest or application.
237.

While VPAA, Dr. Gallos was told about a position likely to open at a local

university, and was encouraged to apply when it did. The chair of the search committee was
someone contacted when Ms. Taylor was casting the net to find a mediator to solve the
discord between President Jenkins-Scott and Dr. Gallos. When Dr. Gallos applied for the
job, for which she was well-qualified, she did not even get an interview.
238.

President Jenkins-Scott also blamed Dr. Gallos for Wheelocks problems in

her presentations to the New England Commission on Institutions of Higher Education in Fall
2015. The Commission is made up of senior leaders at area colleges and universities.
Wheelocks survival depends on their re-accreditation. Disparaging Dr. Gallos reputation
with this group undermined her chances of obtaining a senior administrative job throughout
New England and beyond.
239.

Taken as a whole, these actions of the Board, Ms. Taylor, and President

Jenkins-Scott disparaging Dr. Gallos, at Wheelock, to others in the higher education


community and to major search firms, have significantly impaired Dr. Gallos ability to
obtain the kind of senior position that is commensurate with her talents and experience.
240.

Dr. Gallos has suffered significant physical and emotional distress throughout

her time at Wheelock. The three years of abuse, harassment, and race discrimination she
endured have left her with symptoms of depression, stress, insomnia, premature ventricular
contractions, the return of neuro-cardiogenic symptoms that had been in check for more than
ten years, and recurring anxiety indicative of post-traumatic stress disorder (PTSD). Dr.
Gallos has sought medical attention for these symptoms and is currently participating in a
Mayo Clinic protocol through the Mayo Mind Body Clinic to combat PTSD.

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CLAIMS FOR RELIEF


COUNT I
BREACH OF CONTRACT
As to Defendant WHEELOCK COLLEGE

241.

Dr. Gallos re-alleges and incorporates the allegations set forth above in

Paragraphs 15-240 as though fully set forth herein.


242.

Wheelock College had a contractual duty to Dr. Gallos pursuant to the terms

of the Agreement. The Agreement provided for a fixed term of one academic year, to be
automatically renewed from each year to year thereafter. Further, the Agreement provided
that contingent on satisfactory annual performance reviews and upon a commitment to
remain at the College, Dr. Gallos would receive a Retention Bonus of $30,000 in June 2016.
243.

The Agreement only allowed for Dr. Gallos employment as VPAA to be

terminated by Wheelock pursuant to the three following, limited, circumstances: (a) for
cause, due to dishonest statements or acts with respect to the College or criminal
conviction; (b) death or disability; or (c) for performance reasons, due to your failure to
perform effectively the duties reasonably assigned to you by the President (which duties are
consistent with your position with the College), which failure continues for more than thirty
(30) days after the Colleges written notice to you setting forth in reasonable detail the nature
of such failure.
244.
a.

Wheelock breached the terms of the Agreement by, inter alia:


Failing to renew Dr. Gallos employment term for the 2015-2016 academic
year; and by implication each academic year thereafter; or said differently,
terminating Dr. Gallos employment for
Agreement; and/or

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b.

Failing to provide Dr. Gallos written notice of any alleged poor performance
and given her an opportunity to correct this poor performance in accordance
with the terms of the Agreement; and/or

c.

Failing to pay Dr. Gallos the Retention Bonus of $30,000; and/or

d.

Failing to provide Dr. Gallos with a lump sum severance payment in the amount
of six months salary.

245.

As a direct and proximate result of Wheelocks breach of the terms of the

Agreement, Dr. Gallos has suffered compensable damages.


WHEREFORE, Dr. Gallos respectfully requests judgment against Defendant College,
awarding:
a.

Remuneration for the breach of contract, in an amount to be established at trial,


that puts Dr. Gallos in the place she would be in if the Agreement had been
properly preformed, including but not limited to: lost wages, Retention Bonus,
damages equivalent to the value of lost benefits, incidental and consequential
damages;

b.

Such other and further relief as the court may deem just and proper.
COUNT II
FRAUD IN THE INDUCEMENT
As to Defendant WHEELOCK COLLEGE

246.

Dr. Gallos re-alleges and incorporates the allegations set forth above in

Paragraphs 15-240 as though fully set forth herein.


247.

Wheelock through its and its agents intentional actions, statements, and/or

omissions, fraudulently induced Dr. Gallos to leave a successful career at UMKC and join

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Wheelock. Wheelock and its agents had superior knowledge and control over the fraudulent
representations made to Dr. Gallos, which included, inter alia that:
a.

Wheelock was a place of work where faculty morale was high, financially stable
and not fraught with a catalogue of institutional problems relating to the
administration and governance of the College;

b.

President Jenkins-Scott was an effective President and consistently worked well


with and supported her senior administrators;

c.

Dr. Gallos responsibilities and career would continue to develop and flourish at
Wheelock;

d.

President Jenkins-Scott would give Dr. Gallos her full support for her work as
VPAA and for academic initiatives needed to effect change, in exchange for
which Dr. Gallos agreed to commit to the College for a period of at least four
years;

e.

President Jenkins-Scott wanted a strong academic leader who would not change
a right decision to please her;

f.

Wheelock College lived its social justice mission through equity, respect, and
fair treatment accorded to all faculty and staff no matter their race, religion or
other differences;

g.

President Jenkins-Scott would facilitate and support Dr. Gallos relationship


with the Board and its leadership;

h.

Dr. Gallos would have access to all campus rights and benefits accorded other
employees, including annual merit raises resulting from an annual review of her
performance;

i.

The last two predecessor VPAAs, Dr. Wollman and Dr. Pasch, had left for other
reasons than the real reason, which was that they had not been allowed to

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perform effectively as VPAA and were abusively treated by President JenkinsScott; and
j.

That two, not five, different individuals had assumed VPAA duties during
President Jenkins-Scotts then seven years as President.

248.

These fraudulent misrepresentations were material to Dr. Gallos decision to

accept employment with the College and enter into the Agreement.
249.

Dr. Gallos reasonably relied on these fraudulent misrepresentations, and as a

result the College is liable to Dr. Gallos for the damages caused as a direct and proximate
result of these false verbal and written misrepresentations.
WHEREFORE, Dr. Gallos respectfully requests judgment against Defendant
WHEELOCK COLLEGE, awarding:
a. Damages in amounts to be established at trial, including without limitation,
damages for past, present, and future emotional pain and suffering, ongoing
and severe mental anguish, compensation for harm to reputation, loss of past,
present and future enjoyment of life, and past and present lost earnings and
earning capacity;
b. Punitive damages;
c. Pre- and post-judgment interest;
d. Costs; and
e. Such other and further legal and equitable relief as the Court may deem just
and proper.
COUNT III
NEGLIGENT MISREPRESENTATION
As to Defendant WHEELOCK COLLEGE

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250.

Dr. Gallos re-alleges and incorporate the allegations set forth above in

Paragraphs 15-240 as though fully set forth herein.


251.

In the alternative to Count II, Wheelock and its agents made negligent

misrepresentations to Dr. Gallos, which they should have reasonably known or ought to have
reasonably known were false. The negligent misrepresentations made to Dr. Gallos, include,
inter alia, that:
a.

Wheelock was a place of work where faculty morale was high, financially stable
and not fraught with a catalogue of institutional problems relating to the
administration and governance of the College;

b.

President Jenkins-Scott was an effective President and consistently worked well


with and supported her senior administrators;

c.

Dr. Gallos responsibilities and career would continue to develop and flourish at
Wheelock;

d.

President Jenkins-Scott would give Dr. Gallos her full support for her work as
VPAA and for academic initiatives needed to effect change, in exchange for
which Dr. Gallos agreed to commit to the College for a period of at least four
years;

e.

President Jenkins-Scott wanted a strong academic leader who would not change
a right decision to please her;

f.

Wheelock College lived its social justice mission through equity, respect, and
fair treatment accorded to all faculty and staff no matter their race, religion or
other differences;

g.

President Jenkins-Scott would facilitate and support Dr. Gallos relationship


with the Board and its leadership;

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h.

Dr. Gallos would have access to all campus rights and benefits accorded other
employees, including annual merit raises resulting from an annual review of her
performance;

i.

The last two predecessor VPAAs, Dr. Wollman and Dr. Pasch, had left for other
reasons than the real reason, which was that they had not been allowed to
perform effectively as VPAA and were abusively treated by President JenkinsScott; and

j.

That two, not five, different individuals had assumed VPAA duties during
President Jenkins-Scotts then seven years as President.

252.

These negligent misrepresentations were material to Dr. Gallos decision to

leave her successful career at UMKC, accept employment with the College and enter into the
Agreement.
253.

Dr. Gallos reasonably relied on these negligent misrepresentations, and as a

result the College is liable to Dr. Gallos for the damages caused as a direct and proximate
result.
WHEREFORE, Dr. Gallos respectfully requests judgment against Defendant
WHEELOCK COLLEGE, awarding:
a.

Damages in amounts to be established at trial, including without limitation,


damages for past, present, and future emotional pain and suffering, ongoing and
severe mental anguish, compensation for harm to reputation, loss of past,
present and future enjoyment of life, and past and present lost earnings and
earning capacity;

b.

Punitive damages;

c.

Pre- and post-judgment interest;

d.

Costs; and
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e.

Such other and further legal and equitable relief as the Court may deem just and
proper.
COUNT IV

BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING


As to Defendant WHEELOCK COLLEGE

254.

Dr. Gallos re-alleges and incorporates the allegations set forth above in

Paragraphs 15-240 as though fully set forth herein.


255.

The covenant of good faith and fair dealing was implied in the Agreement,

which recorded the terms of Dr. Gallos employment as VPAA.


256.

The Agreement provided, inter alia, that contingent on satisfactory annual

performance reviews and upon a commitment to remain at the College until June 2016, Dr.
Gallos would receive a Retention Bonus of $30,000. Further the Agreement only allowed for
Dr. Gallos employment as VPAA to be terminated by Wheelock under the following limited
circumstances: (a) for cause, due to dishonest statements or acts with respect to the College
or criminal conviction; (b) death or disability; or (c) for performance reasons, due to your
failure to perform effectively the duties reasonably assigned to you by the President (which
duties are consistent with your position with the College), which failure continues for more
than thirty (30) days after the Colleges written notice to you setting forth in reasonable detail
the nature of such failure.
257.

Wheelock, and in particular President Jenkins-Scotts and Ms. Taylors,

actions led to the termination of the Agreement. This had the effect of destroying and/or
injuring the rights of Dr. Gallos to receive the benefits of the Agreement. As a result of
Wheelocks violation of the implied covenant of good faith and fair dealing, Dr. Gallos has
suffered damages. Dr. Gallos has been deprived of the compensation and benefits that she

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would have received from the anticipated long working relationship between her and the
College, and the Retention bonus of $30,000.
WHEREFORE, Dr. Gallos respectfully requests judgment against Defendant College,
awarding:
a.

Remuneration, in an amount to be established at trial, that puts Dr. Gallos in the


place she would be in if the Agreement had been properly preformed, including
but not limited to: lost wages, the Retention Bonus, damages equivalent to the
value of lost benefits, incidental and consequential damages;

b.

Such other and further relief as the court may deem just and proper.

COUNT V
TITLE VII and Chapter 151B EMPLOYMENT DISCRIMINATION
As to Defendant WHEELOCK COLLEGE

258.

Dr. Gallos re-alleges and incorporates the allegations set forth above in

Paragraphs 15-240 as though fully set forth herein.


259.

Wheelock discriminated against Dr. Gallos, a white employee of Wheelock,

on the basis of her color and race. Wheelock, under the direction of President Jenkins-Scott
and Ms. Taylor, illegally terminated Dr. Gallos, a white employee, from her position as
VPAA. Though Dr. Gallos had consistently received exemplary performance reviews,
Wheelock refused to review her performance to avoid honoring a clause in the Agreement
entitling her to automatic renewal of her term of employment and a Retention Bonus
contingent on continuity of service.
260.

To replace Dr. Gallos as VPAA, Wheelock promoted Dr. Malone-Fenner, an

African American woman, who had previously been eliminated for the VPAA position as
unqualified in the search that brought Dr. Gallos to Wheelock, was named as a poor

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performer by faculty in the Deep Dive reviews, had been removed from a lesser
administrative position on campus with the common agreement of the Board, President
Jenkins-Scott and Dr. Gallos, and had faced several unanimous requests from the department
chairs to be removed from her role as Dean.
261.

There was no legitimate, non-discriminatory reason for the termination of Dr.

Gallos. President Jenkins-Scott has a history of disproportionate negative treatment of white


employees and unwavering support for employees of color, and repeatedly demonstrated a
personal prejudice against Wheelock employees who were not of color.
262.

President Jenkins-Scott told Dr. Gallos not to hire white administrators,

reprimanded her for hiring a white candidate in lieu of an African American candidate who
had requested a higher salary than the College could afford, and repeatedly made clear that
she believed any criticism or decision Dr. Gallos made regarding colleagues of color
stemmed from racial bias against them. President Jenkins-Scotts racially biased decisionmaking was well-known by Board members and previous VPAAs, who advised Dr. Gallos
on many occasions that the type of discrimination and hostile treatment she was experiencing
was typical of President Jenkins-Scott.
263.

President Jenkins-Scotts personal prejudice against white employees affected

her leadership decisions, including her systematic harassment and ultimate termination of Dr.
Gallos.
264.

Wheelock

and

President

Jenkins-Scott

further

demonstrated

their

discriminatory approach by:


a.

Terminating Dr. Gallos from her position as VPAA for reasons not related to
actual performance, and in breach of of the Agreement;

b.

Providing Dr. Gallos with a 0% merit raise in 2014-2015, despite consistently


outstanding performance reviews, while stating to Dr. Gallos that her approval

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of a 1% raise for an African American man with two performance improvement


plans in the past year due to absenteeism and missing agreed deadlines was too
low;
c.

Promoting Dr. Malone-Fenner, an African American, to the role of Interim


VPAA, despite the fact that she had been found ineligible for the role when she
applied in 2012, and subsequently performed so poorly as Dean of Arts and
Sciences that Dr. Gallos, President Jenkins-Scott, and the department chairs and
faculty working under Dr. Malone-Fenner recommended her termination as
Dean;

d.

Failing to terminate Dr. Malone-Fenner from her role as Interim VPAA when
she was found guilty of plagiarizing sections of her welcome letter to the
Wheelock community, and not investigating when indications of potential other
plagiarism were discovered;

e.

Placing Dr. Gallos on unpaid leave on August 2, 2015, failing to offer her a fair
package for severance as provided for in the Agreement, and making no
provisions for her return to the faculty as tenure required until repeatedly
requested. That contrasted with the Colleges treatment of Dr. Malone-Fenner,
who after the plagiarism incident was fully supported by President JenkinsScott, allowed to resign as VPAA, given an immediate transition to her tenured
faculty position, allowed to keep her full administrative salary while on a 16
month paid leave, allowed full access to the campus, and given a reduced
teaching load in perpetuity, as well as future leadership opportunities at the
College;

f.

After Dr. Malone-Fenners departure from the VPAA job, appointing three coDeans of Academic Affairs, all of whom were considerably less qualified and

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experienced than Dr. Gallos. Two were women of color. One, Dr. Davis, had
been repeatedly recommended for removal by Board members and even
President Jenkins-Scott herself in her role as Dean of International Programs
and Partnerships;
g.

Requiring Dr. Gallos to teach six full courses (five at the graduate level) with
six different preparations for Academic Year 2015-2016, when Dr. Gallos has
not taught any of these courses and two of which were brand new and required
Dr. Gallos to create new syllabi and lesson plans, contrary to the treatment of
other tenured faculty, and making similar onerous and unusual demands in
Academic Year 2016-17.

265.

As a result of this discriminatory treatment, Dr. Gallos has suffered loss and

damage, including emotional distress, pain and suffering as well as loss of employment
opportunities.
WHEREFORE, Plaintiff Dr. Gallos respectfully demands judgment against
defendant WHEELOCK COLLEGE awarding:
a.

Damages in amounts to be established at trial, including without limitation,


damages for past, present, and future emotional pain and suffering, ongoing and
severe mental anguish, compensation for harm to reputation, loss of past,
present and future enjoyment of life, and past and present lost earnings and
earning capacity;

b.

Punitive damages;

c.

Pre- and post-judgment interest;

d.

Costs;

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e.

Attorneys fees pursuant to 42 U.S.C. 2000e-5(k) and Mass. Gen. Laws Ch.
151B, 9; and

f.

Such other and further legal and equitable relief as the Court may deem just and
proper.
COUNT VI
TITLE VII AND CHAPTER 151B HOSTILE WORK ENVIRONMENT
As to Defendant WHEELOCK COLLEGE

266.

Plaintiff re-alleges and incorporates the allegations set forth above in

Paragraphs 15-240 as though fully set forth herein.


267.

Dr. Gallos has been subject to unwelcome, unwanted, severe and pervasive

racial conduct which created a racially-charged, hostile work environment.


268.

President Jenkins-Scott has a long history of acting in a hostile manner toward

white faculty members and administrators, as experienced by former VPAAs Dr. Wollman
and Dr. Pasch. President Jenkins-Scott created a racially charged hostile environment toward
Dr. Gallos, when she:
a.

Gave preferential and differential treatment to employees of color, including but


not limited to the following:
i.

Inquiring why an African American administrative assistant, whose


supervisor had twice placed him on performance improvement plan for
excessive absenteeism and failure to meet agreed-upon work deadlines,
had not received a higher merit raise than 1%;

ii.

Directing to take positive action on faculty requests in 17 cases, 16 of


which were for faculty of color;

iii.

Promoting Dr. Davis from Deputy Director to Interim Director and then to
Dean of International Programs and Partnerships, despite repeatedly

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expressed dissatisfaction about her performance from other faculty,


stakeholders and Board members, as well as giving her an Associate
Professor appointment, without conducting a normal recruitment process;
iv.

Preventing Dr. Gallos from managing Dr. Davis, a faculty member of


color who reported to her, to correct her poor performance and decisionmaking;

v.

Promoting Dr. Malone-Fenner, an African American Dean, to Interim


VPAA, and protecting her from performance review despite poor
performance and decision-making.

b.

Expressed her own bias against white faculty and administrators on multiple
occasions, including but not limited to:
i.

Instructing Dr. Gallos not to hire a white Dean on November 26, 2013;

ii.

Announcing publicly to the ILT at least twice that Academic Affairs had
become too white under Dr. Gallos leadership;

iii.

Chastising Dr. Gallos for recruiting a white administrative team member;

iv.

Refusing to participate constructively in mediation sessions with Ms.


Kagan because she is a white woman, who could not be trusted to
support her as a black woman leader in March 2014;

c.

v.

Telling Ms. Kagan that Dr. Gallos had to step up her game on race;

vi.

Refusing to carry out Dr. Gallos performance review for 2014-2015.

Voiced suspicion that Dr. Gallos would act in a way that would disadvantage
faculty and staff of color on multiple occasions, including but not limited to:
i.

Criticizing Dr. Gallos for her performance review of Dr. Malone-Fenner


on August 26, 2013, pressuring her to remove negative comments from
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the review, attributing President Jenkins-Scotts and Dr. Gallos joint


decision to remove Dr. Malone-Fenner from her position to Dr. Gallos
alone, and stating that Dr. Gallos blindsided Dr. Malone-Fenner with
criticism, indicating the criticism was motivated by race;
ii.

Blaming Dr. Gallos alone for the group decision to remove Dr. MaloneFenner from her Dean role, contending that Dr. Gallos was motivated by
race in doing so, and spreading this idea through the campus, on October
1, 2013;

iii.

Describing Dr. Gallos as bringing an uneasiness and a sickness to


Wheelock connected to race, on October 1, 2013;

iv.

Questioning Dr. Gallos search to replace Dr. Malone-Fenner on


November 26, 2013 and instructing Dr. Gallos that she better not bring
me another white Dean;

v.

Criticizing Dr. Gallos for hiring a white male candidate as an Assistant


VPAA, instead of an African American candidate, when the former was
objectively the better hire;

vi.

Spreading rumors that Dr. Gallos wanted to replace her and unseat
Wheelocks first African American President;

vii.

Accusing Dr. Gallos of facilitating the faculty letter of December 20, 2013
in order to undermine President Jenkins-Scott, and describing it as a
personal attack by faculty motivated by race, on January 8 and January
21, 2014;

viii.

In her mediation session with Leslie Kagan on February 25, 2014, when
discussing selection of faculty for research stipends, stating I dont want
a racial split on this, implying that Dr. Gallos did;
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ix.

When discussing Dr. Davis performance review, on May 6, 2015, stating


I dont want any of your biases going into this, implying that Dr. Gallos
held a racial bias and this would prevent her from conducting a fair
review;

x.

Implying that Dr. Gallos was the source of evil at Wheelock at the ILT
meeting on June 4, 2015.

269.
a.

Further, Dr. Gallos suffered the following acts of harassment:


Following Dr. Gallos report that she was experiencing a racially charged work
environment at the meeting with Ms. Taylor and Ms. Port on January 17, 2014,
Ms Taylor informed Dr. Gallos that she should stop reaching out to the Board to
tell them about any further harassment by President Jenkins-Scott;

b.

Ms. Taylor hired a leadership coach, Ms. Kagan, to mediate between Dr. Gallos
and President Jenkins-Scott, which implied that Dr. Gallos was equally to blame
for the conflict between them;

c.

On April 15, 2014, Ms. Taylor told Dr. Gallos that she should put a smile on
her face and just put up with anything President Jenkins-Scott did, despite Dr.
Gallos report, echoing many others for many years well known to Ms. Taylor,
that President Jenkins-Scotts behavior was hostile, abusive and discriminatory;

d.

When Dr. Gallos reported to Ms. Crews that she was experiencing a racially
charged hostile working environment, Ms. Crews told Dr. Gallos that she would
not be paid if she took a medical leave to recover from the abuse she was
suffering;

e.

President Jenkins-Scott taunted, mocked and made untrue accuastions against


Dr. Gallos at weekly ILT meetings;

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f.

President Jenkins-Scott refused to allow Dr. Gallos to chair an ILT meeting in


her absence as accorded every other Vice President and some people at a lower
rank, like Ms. Rosa;

g.

President Jenkins-Scott blamed Dr. Gallos in ILT meetings, their one-on-one


meetings, and to the Board for faculty actions that questioned or opposed
President Jenkins-Scotts preferences, even though Dr. Gallos had nothing to do
with them and often did not even know about them;

h.

President Jenkins-Scott asked Dr. Davis to take notes at Dr. Gallos various
meetings around campus from which President Jenkins-Scott took comments
out of context to attack Dr. Gallos;

i.

President Jenkins-Scott said that Dr. Gallos was plotting against her with faculty
at secret meetings, when these meetings were part of her normal VPAA
responsibilities and many were listed on the public Faculty Senate calendar
issued by President Jenkins-Scotts own office;

j.

In 2014 and 2015, President Jenkins-Scott and Ms. Taylor gave untrue, negative
and retaliatory assessments of Dr. Gallos to three higher education search firms,
including that she was untrustworthy, a disaster at Wheelock and lacked
leadership;

k.

In Fall 2015, President Jenkins-Scott blamed Dr. Gallos for Wheelocks


problems in her presentations to the New England Commission of Higher
Education, thus undermining Dr. Gallos reputation and chances of obtaining
another senior administrative job in New England and beyond;

l.

President Jenkins-Scott falsely and repeatedly blamed Dr. Gallos, despite


contrary evidence provided by VP Martorana and HR, for making academic
areas of the College more white due to her search and hiring processes;

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m. President Jenkins-Scott defamed Dr. Gallos to Ms. Joanne Soliday, founder of


Credo Consulting, who without ever speaking to Dr. Gallos, repeated President
Jenkins-Scotts criticisms of Dr. Gallos to Ms. Taylor and the Board. At an ILT
strategic planning meeting, Ms. Soliday embarrassed Dr. Gallos in front of her
direct reports and VP peers by stating she lacked leadership qualities and
knowledge about contemporary higher education. Ms. Soliday also parroted
President Jenkins-Scotts line that no one likes working with you, again
without ever having a subsstantive discussion with Dr. Gallos;
n.

President Jenkins-Scott attacked and blamed Dr. Gallos at a session with


Kingston Bay Group consultants as the reason for Wheelocks troubles and for
campus racial strife;

o.

President Jenkins-Scotts persistent petty rudeness and power plays, such as


refusing to acknowledge Dr. Gallos greeting, ignoring her questions or
comments at public meetings, and scheduling meetings on topics for which Dr.
Gallos extensively prepared, only to arrive to find that President Jenkins-Scott
was travelling or out of the office and had not asked her assistant to postpone or
cancel;

p.

President Jenkins-Scott spread the false rumor that Dr. Gallos wanted to unseat
the first African American President of the College;

q.

President Jenkins-Scott refused to complete Dr. Gallos performance review for


2014-2015;

r.

President Jenkins-Scott, with Ms. Taylors endorsement, terminated Dr. Gallos


as VPAA on December 22, 2014, effective June 30, 2015, contrary to the
provisions of the Agreement, because she believed Dr. Gallos never had her
back, and that Dr. Gallos was not working [out] at Wheelock.

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s.

Contrary to the terms of the Agreement, Wheelock sent a letter dated March 5,
2015 terminating Dr. Gallos employment as VPAA;

t.

On May 6, 2015 at a meeting to discuss Dr. Davis performance review,


President Jenkins-Scott implied that Dr. Gallos evaluation of Dr. Davis
performance was racially biased;

u.

Following a closed executive session of the International Committee of the


Board on May 14, 2015, President Jenkins-Scott reprimanded Dr. Gallos for
circulating notes of the meeting before she had a chance to alter them;

v.

At the ILT meeting on June 4, 2015, President Jenkins-Scott demonstrated overt


contempt to Dr. Gallos, blaming her for the core of the Colleges problems and
that she was the reason they did not have a good working relationship;

w. Ms. Taylor spread the false rumor to AGB Search that Dr. Gallos had sued the
College on or around December 2015;
x.

On August 2, 2015, Dr. Gallos was placed on unpaid leave despite being a
tenured faculty member with a right to receive her salary as such;

y.

On or around August 2, 2015, Dr. Gallos was removed from the Wheelock
faculty listserv, as well as the Colleges website;

z.

Dr. Gallos was transitioned to a full-time teaching role for the 2015-2016
academic year, which had a substantially lower salary;

aa. Wheelock failed to send any written notice to the faculty or campus of Dr.
Gallos transition to full-time teaching;
bb. In the 2015-16 academic year, Dr. Gallos was assigned six full courses with six
different preparations to teach and requirements to develop two new courses,
which was unprecedented at the College and without being given the release
time other faculty always receive for such work;

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cc. President Chard overruled the one-course release agreed by Dr. Gallos
department chairman to develop a new program for the College, in order to
maintain her punishing teaching schedule, unusual for any faculty and unknown
for someone of Dr. Gallos seniority.
270.

President Jenkins-Scotts abusive treatment of Dr. Gallos was pervasive and

severe, objectively and subjectively offensive and demeaning, such that it caused physical
and emotional distress to Dr. Gallos, and interfered with Dr. Gallos employment.

reasonable person would find the College through President Jenkins-Scotts behavior and
treatment of Dr. Gallos to have created a hostile work environment.
271.

Wheelock College was aware of President Jenkins-Scotts hostile, demeaning,

and abusive racially-charged treatment of Dr. Gallos, after Dr. Gallos reported her concerns
to Ms. Taylor, Ms. Port and Ms. Crews on the following occasions, and did not take any or
any reasonable steps to address the hostile work environment:
a.

In a meeting with Ms. Taylor and Ms. Port on December 4, 2013;

b.

In an email to Ms. Taylor and Ms. Port on December 23, 2013;

c.

In a meeting with Ms. Taylor and Ms. Port on or about January 17, 2014;

d.

In a meeting with Ms. Crews on March 21, 2014; and

e.

In a phone call with Ms. Taylor on or about April 15, 2014.

272.

As a result of the hostile work environment, Dr. Gallos has suffered loss and

damage, as well as untold emotional distress, injury, pain and suffering.


WHEREFORE, Plaintiff Dr. Gallos respectfully demands judgment against
defendant WHEELOCK COLLEGE awarding:
a.

Damages in amounts to be established at trial, including without limitation,


damages for past, present, and future emotional pain and suffering, ongoing and

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severe mental anguish, compensation for harm to reputation, loss of past,


present and future enjoyment of life, and past and present lost earnings and
earning capacity;
b.

Punitive damages;

c.

Pre- and post-judgment interest;

d.

Costs;

e.

Attorneys fees pursuant to 42 U.S.C. 2000e-5(k) and Mass. Gen. Laws Ch.
151B, 9; and

f.

Such other and further legal and equitable relief as the Court may deem just and
proper.
COUNT VII
TITLE VII AND CHAPTER 151B - RETALIATION
As to Defendant WHEELOCK COLLEGE

273.

Dr. Gallos re-alleges and incorporates the allegations set forth above in

Paragraphs 15-240 as though fully set forth herein.


274.

Dr. Gallos reasonably and in good faith believed the College has engaged in

discriminatory, harassing and retaliatory conduct and/or practices. She engaged in activity
protected by Title VII and Chapter 151B when she reported President Jenkins-Scotts hostile
treatment to Ms. Port in early August 2013 and to Ms. Taylor and Ms. Port on December 4,
2013. Dr. Gallos engaged in further protected activities when she reported acts of retaliation
(which are more fully described in the factual allegations above) as follows:
a.

In an email to Ms. Taylor and Ms. Port on December 23, 2013;

b.

In her meeting with Ms. Taylor and Ms. Port on January 17, 2014;

c.

In her meeting with Ms. Crews from HR on March 21, 2014;

d.

In a phone call with Ms. Taylor on April 15, 2014;

e.

In her EEOC charge filed on March 2, 2016.


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275.

Dr. Gallos was repeatedly targeted and retaliated against by the College, in at

least the following ways:


a.

On January 8, 2014 and January 21, 2014, President Jenkins-Scott accused Dr.
Gallos of facilitating the faculty letter of December 20, 2013 in order to
undermine President Jenkins-Scott, and described it as a personal attack by
faculty motivated by race, on January 8 and January 21, 2014;

b.

Following Dr. Gallos report that she was experiencing a racially charged work
environment at the meeting with Ms. Taylor and Ms. Port on January 17, 2014,
Ms Taylor informed Dr. Gallos that she should stop reaching out to the Board to
tell them about any further harassment by President Jenkins-Scott;

c.

Ms. Taylor hired a leadership coach, Ms. Kagan, to mediate between Dr. Gallos
and President Jenkins-Scott, which implied that Dr. Gallos was equally to blame
for the conflict between them;

d.

On April 15, 2014, Ms. Taylor told Dr. Gallos that she should put a smile on
her face and just put up with anything President Jenkins-Scott did, despite Dr.
Gallos report, echoing many others for many years well known to Ms. Taylor,
that President Jenkins-Scotts behavior was hostile, abusive and discriminatory;

e.

When Dr. Gallos reported to Ms. Crews that she was experiencing a racially
charged hostile working environment, Ms. Crews told Dr. Gallos that she would
not be paid if she took a medical leave to recover from the abuse she was
suffering;

f.

President Jenkins-Scott taunted, mocked and made untrue accuastions against


Dr. Gallos at weekly ILT meetings;

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g.

President Jenkins-Scott refused to allow Dr. Gallos to chair an ILT meeting in


her absence as accorded every other Vice President and some people at a lower
rank, like Ms. Rosa;

h.

President Jenkins-Scott blamed Dr. Gallos in ILT meetings, their one-on-one


meetings, and to the Board for faculty actions that questioned or opposed
President Jenkins-Scotts preferences, even though Dr. Gallos had nothing to do
with them and often did not even know about them;

i.

President Jenkins-Scott asked Dr. Davis to take notes at Dr. Gallos various
meetings around campus from which President Jenkins-Scott took comments
out of context to attack Dr. Gallos;

j.

President Jenkins-Scott said that Dr. Gallos was plotting against her with faculty
at secret meetings, when these meetings were part of her normal VPAA
responsibilities and many were listed on the public Faculty Senate calendar
issued by President Jenkins-Scotts own office;

k.

In 2014 and 2015, President Jenkins-Scott and Ms. Taylor gave untrue, negative
and retaliatory assessments of Dr. Gallos to three higher education search firms,
including that she was untrustworthy, a disaster at Wheelock and lacked
leadership;

l.

In Fall 2015, President Jenkins-Scott blamed Dr. Gallos for Wheelocks


problems in her presentations to the New England Commission of Higher
Education, thus undermining Dr. Gallos reputation and chances of obtaining
another senior administrative job in New England and beyond;

m. President Jenkins-Scott falsely and repeatedly blamed Dr. Gallos, despite


contrary evidence provided by VP Martorana and HR, for making academic
areas of the College more white due to her search and hiring processes;

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n.

President Jenkins-Scott defamed Dr. Gallos to Ms. Joanne Soliday, founder of


Credo Consulting, who without ever speaking to Dr. Gallos, repeated President
Jenkins-Scotts criticisms of Dr. Gallos to Ms. Taylor and the Board. At an ILT
strategic planning meeting, Ms. Soliday embarrassed Dr. Gallos in front of her
direct reports and VP peers by stating she lacked leadership qualities and
knowledge about contemporary higher education. Ms. Soliday also parroted
President Jenkins-Scotts line that no one likes working with you, again
without ever having a subsstantive discussion with Dr. Gallos;

o.

President Jenkins-Scott attacked and blamed Dr. Gallos at a session with


Kingston Bay Group consultants as the reason for Wheelocks troubles and for
campus racial strife;

p.

President Jenkins-Scotts persistent petty rudeness and power plays, such as


refusing to acknowledge Dr. Gallos greeting, ignoring her questions or
comments at public meetings, and scheduling meetings on topics for which Dr.
Gallos extensively prepared, only to arrive to find that President Jenkins-Scott
was travelling or out of the office and had not asked her assistant to postpone or
cancel;

q.

President Jenkins-Scott spread the false rumor that Dr. Gallos wanted to unseat
the first African American President of the College;

r.

President Jenkins-Scott refused to complete Dr. Gallos performance review for


2014-2015;

s.

President Jenkins-Scott, with Ms. Taylors endorsement, terminated Dr. Gallos


as VPAA on December 22, 2014, effective June 30, 2015, contrary to the
provisions of the Agreement, because she believed Dr. Gallos never had her
back, and that Dr. Gallos was not working [out] at Wheelock.

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t.

Contrary to the terms of the Agreement, Wheelock sent a letter dated March 5,
2015 terminating Dr. Gallos employment as VPAA;

u.

On May 6, 2015 at a meeting to discuss Dr. Davis performance review,


President Jenkins-Scott implied that Dr. Gallos evaluation of Dr. Davis
performance was racially biased;

v.

Following a closed executive session of the International Committee of the


Board on May 14, 2015, President Jenkins-Scott reprimanded Dr. Gallos for
circulating notes of the meeting before she had a chance to alter them;

w. At the ILT meeting on June 4, 2015, President Jenkins-Scott demonstrated overt


contempt to Dr. Gallos, blaming her for the core of the Colleges problems and
that she was the reason they did not have a good working relationship;
x.

Ms. Taylor spread the false rumor to AGB Search that Dr. Gallos had sued the
College on or around December 2015;

y.

On August 2, 2015, Dr. Gallos was placed on unpaid leave despite being a
tenured faculty member with a right to receive her salary as such;

z.

On or around August 2, 2015, Dr. Gallos was removed from the Wheelock
faculty listserv, as well as the Colleges website;

aa. Dr. Gallos was transitioned to a full-time teaching role for the 2015-2016
academic year, which had a substantially lower salary;
bb. Wheelock failed to send any written notice to the faculty or campus of Dr.
Gallos transition to full-time teaching;
cc. In the 2015-16 academic year, Dr. Gallos was assigned six full courses with six
different preparations to teach and requirements to develop two new courses,
which was unprecedented at the College and without being given the release
time other faculty always receive for such work;

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dd. President Chard overruled the one-course release agreed by Dr. Gallos
department chairman to develop a new program for the College, in order to
maintain her punishing teaching schedule, unusual for any faculty and unknown
for someone of Dr. Gallos seniority.
276.

Defendants actions were motivated because of Dr. Gallos protected

objections.
277.

As a direct and proximate result of the Colleges retaliation against Dr. Gallos,

where she has suffered adverse employment actions and where the Colleges desire to
retaliate was a determinative factor in its adverse action. Dr. Gallos has suffered and
continues to suffer loss of income, loss of enjoyment of life, emotional distress, pain and
suffering, embarrassment, humiliation, and physical distress.
WHEREFORE, Plaintiff Dr. Gallos respectfully demands judgment against
defendant WHEELOCK COLLEGE awarding:
a.

Damages in amounts to be established at trial, including without limitation,


damages for past, present, and future emotional pain and suffering, ongoing and
severe mental anguish, compensation for harm to reputation, loss of past,
present and future enjoyment of life, and past and present lost earnings and
earning capacity;

b.

Punitive damages;

c.

Pre- and post-judgment interest;

d.

Costs;

e.

Attorneys fees pursuant to 42 U.S.C. 2000e-5(k) and Mass. Gen. Laws Ch.
151B, 9; and

f.

Such other and further legal and equitable relief as the Court may deem just and
proper.
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COUNT VIII
CHAPTER 151B AIDING AND ABETTING
DISCRIMINATION AND RETALIATION
As to Defendant JENKINS-SCOTT
278.

Plaintiff Dr. Gallos re-alleges and incorporates the allegations set forth above

in Paragraphs 15-240 as though fully set forth herein.


279.

Dr. Gallos, a white employee of Wheelock, was subjected to discrimination

and retaliation on the grounds of her color and race.


280.

At all times relevant to the allegations stated here, President Jenkins-Scott was

employed by Wheelock as the President of the College.


281.

President Jenkins-Scott engaged in acts of abuse and hostility towards Dr.

Gallos. President Jenkins-Scott aided and abetted the discrimination and retaliation against
Dr. Gallos in at least the following ways:
a.

Despite Dr. Gallos stellar performance reviews, President Jenkins-Scott did not
award her a merit raise, in contrast to an African American administrative
assistant, whose supervisor had twice placed him on performance improvement
plan for excessive absenteeism and failure to meet agreed-upon work deadlines,
but who received a merit raise of 1%;

b.

President Jenkins-Scott prevented Dr. Gallos from managing Drs. Davis and
Malone-Fenner properly for poor performance, and protected them from
performance sanctions by asserting that Dr. Gallos evaluations of their
performances were motivated by racial bias;

c.

President Jenkins-Scott described Dr. Gallos as bringing an uneasiness and a


sickness to Wheelock connected to race, on October 1, 2013;

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d.

President Jenkins-Scott questioned Dr. Gallos search to replace Dr. MaloneFenner on November 26, 2013 and instructed Dr. Gallos that she better not
bring me another white Dean;

e.

President Jenkins-Scott criticized Dr. Gallos for hiring a white male candidate
as an Assistant VPAA, instead of an African- American candidate, when the
former was objectively the better hire;

f.

President Jenkins-Scott announced publicly to the ILT at least twice that


Academic Affairs had become too white under Dr. Gallos leadership;

g.

On January 8, 2014 and January 21, 2014, President Jenkins-Scott accused Dr.
Gallos of facilitating the faculty letter on December 20, 2013 which expressed
concerns about academic governance at Wheelock, and suggested the letter was
motivated by racial bias;

h.

At the mediation meetings on February 25, 2014, March 5, 2014 and March 27,
2014, President Jenkins-Scott refused to participate constructively in with Dr.
Gallos and accused her of pursuing a racial split when discussing stipends being
awarded to faculty;

i.

President Jenkins-Scott implied that Dr. Gallos was the source of evil at
Wheelock at the ILT meeting on June 4, 2015;

j.

President Jenkins-Scott repeated taunts, and made mocking and untrue


accusations at weekly ILT meetings;

k.

President Jenkins-Scott refused to allow Dr. Gallos to chair an ILT meeting in


her absence as accorded every other Vice President and others at a lower rank,
like Ms. Rosa, a woman of color;

l.

President Jenkins-Scott blamed Dr. Gallos in ILT meetings, their one-on-one


meetings, and to the Board for faculty actions that questioned or opposed

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President Jenkins-Scotts preferences, even though Dr. Gallos had nothing to do


with them and often did not even know about them;
m. President Jenkins-Scott asked Dr. Davis to take notes at Dr. Gallos various
meetings around campus so that she could take comments out of context to
attack Dr. Gallos;
n.

President Jenkins-Scott said that Dr. Gallos was plotting against her with faculty
at secret meetings, when these meetings were part of her normal VPAA
responsibilities and many were listed on the public Faculty Senate calendar
issued by President Jenkins-Scotts own office;

o.

In 2014 and 2015, President Jenkins-Scott and Ms. Taylor gave untrue, negative
and retaliatory assessments of Dr. Gallos to three higher education search firms;

p.

In Fall 2015, President Jenkins-Scott blamed Dr. Gallos for Wheelocks


problems in her presentations to the New England Commission of Higher
Education, thus undermining Dr. Gallos reputation and chances of obtaining
another senior administrative job in New England and beyond;

q.

President Jenkins-Scott falsely and repeatedly blamed Dr. Gallos, despite


evidence provided by VP Martorana and HR, for making academic areas of the
College more white due to her search and hiring processes;

r.

President Jenkins-Scott defamed Dr. Gallos to Ms. Joanne Soliday, founder of


Credo Consulting, who without ever speaking to Dr. Gallos, repeated President
Jenkins-Scotts criticisms of Dr. Gallos to Ms. Taylor and the Board. At an ILT
strategic planning meeting, Ms. Soliday embarrassed Dr. Gallos in front of her
direct reports and VP peers by stating she lacked leadership qualities and lacked
knowledge about contemporary higher education. Ms. Soliday also parroted

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President Jenkins-Scotts line that no one likes working with you, again
without ever having a subsstantive discussion with Dr. Gallos;
s.

President Jenkins-Scott attacked and blamed Dr. Gallos, at a session with


Kingston Bay Group consultants, as the reason for Wheelocks troubles and for
campus racial strife;

t.

President Jenkins-Scotts persistent petty rudeness and power plays, such as


refusing to acknowledge Dr. Gallos greeting, ignoring her questions or
comments at public meetings, and scheduling meetings on topics for which Dr.
Gallos extensively prepared, only to arrive to find that President Jenkins-Scott
was travelling or out of the office and had not asked her assistant to postpone or
cancel;

u.

President Jenkins-Scott spread the false rumor that Dr. Gallos wanted to unseat
the first African American President of the College;

v.

President Jenkins-Scott refused to complete Dr. Gallos performance review for


2014-2015;

w. President Jenkins-Scott terminated Dr. Gallos as VPAA on December 22, 2014,


effective June 30, 2015, contrary to the provisions of the Agreement, because
she believed Dr. Gallos never had her back, and that Dr. Gallos was not
working [out] at Wheelock.
x.

Contrary to the Agreement, Wheelock sent a letter dated March 5, 2015


terminating Dr. Gallos employment as VPAA;

y.

On May 6, 2015 at a meeting to discuss Dr. Davis performance review,


President Jenkins-Scott implied that Dr. Gallos evaluation of Dr. Davis
performance was racially biased;

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z.

Following a closed executive session of the International Committee of the


Board on May 14, 2015, President Jenkins-Scott reprimanded Dr. Gallos for
circulating notes of the meeting before she had a chance to alter them;

aa. At the ILT meeting on June 4, 2015, President Jenkins-Scott demonstrated overt
contempt to Dr. Gallos, blaming her for the core of the Colleges problems and
that she was the reason they did not have a good working relationship;
bb. On August 2, 2015, President Jenkins-Scott permitted and/or instructed that Dr.
Gallos be placed on unpaid leave despite being a tenured faculty member with a
right to receive her salary as such;
cc. President JenkinsScott permitted and/or instructed that on or around August 2,
2015, Dr. Gallos be removed from the Wheelock faculty listserv, as well as the
Colleges website;
dd. Dr. Gallos was directed to take a full-time teaching role for the 2015-2016
academic year, without administrative responsibilities and at a 43% lower
salary;
ee. President Jenkins-Scott failed to send any written notice to the faculty or
campus of Dr. Gallos transition to full-time teaching;
ff. In the 2015-16 academic year, President Jenkins-Scott assigned six full courses
with six different preparations to teach and requirements to develop two new
courses to Dr. Gallos without giving her the release time other faculty always
receive for such work, which was unprecedented at the College;
gg. In 2014 and 2015, President Jenkins-Scott gave untrue, negative and retaliatory
assessments of Dr. Gallos to three higher education search firms;
hh. In Fall 2015, President Jenkins-Scott blamed Dr. Gallos for Wheelocks
problems in her presentations to the New England Commission of Higher

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Education, thus undermining Dr. Gallos reputation and chances of obtaining


another senior administrative job in New England and beyond.
282.

Dr. Gallos has suffered loss on account of President Jenkins-Scotts actions

aiding and abetting discrimination, harassment and retaliation against her.


WHEREFORE, Dr. Gallos respectfully demands judgment against Defendant
Jenkins-Scott awarding:
a.

Damages in amounts to be established at trial, including without limitation,


damages for past, present, and future emotional pain and suffering, ongoing and
severe mental anguish, compensation for harm to reputation, loss of past,
present and future enjoyment of life, and past and present lost earnings and
earning capacity;

b.

Punitive damages;

c.

Pre- and post-judgment interest;

d.

Costs;

e.

Attorneys fees pursuant to Mass. Gen. Laws Ch. 151B, 9; and

f.

Such other and further legal and equitable relief as the Court may deem just and
proper.
COUNT IX
CHAPTER 151B AIDING AND ABETTING
DISCRIMINATION AND RETALIATION
As to Defendant KATHERINE S. TAYLOR

283.

Dr. Gallos re-alleges and incorporates the allegations set forth above in

Paragraphs 15-240 as though fully set forth herein.


284.

Dr. Gallos, a white employee of Wheelock, was subjected to discrimination

and retaliation on the basis of her color and race.

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285.

At all times relevant to the allegations stated here, Ms. Taylor held the

position of Chair of the Board of Trustees of Wheelock College.


286.

Ms. Taylor aided and abetted the discrimination and retaliation against Dr.

Gallos in at least the following ways:


a.

Ms. Taylor refused to engage the Board in taking appropriate disciplinary action
against President Jenkins-Scott for any of President Jenkins-Scotts hostile,
abusive behavior toward Dr. Gallos. Dr. Gallos reported her concerns regarding
President Jenkins-Scotts discriminatory treatment on multiple occasions, but
Ms. Taylor did not take any or any effective steps to respond to them;

b.

Following Dr. Gallos report that she was experiencing a racially charged
hostile work environment at the meeting with Ms. Taylor and Ms. Port on
January 17, 2014, Ms Taylor informed Dr. Gallos that she should refrain from
reaching out to the Board any further about her difficulties with President
Jenkins-Scott;

c.

Ms. Taylor hired a leadership coach, Ms. Kagan to mediate between Dr. Gallos
and President Jenkins-Scott, which implied that Dr. Gallos was equally to blame
for the conflict between them;

d.

Ms. Taylor sought to hide the report of Ms. Kagan from the full Board, because
Ms. Kagan placed responsibility for the difficulties in the relationship between
President Jenkins-Scott and Dr. Gallos on President Jenkins-Scott;

e.

On April 15, 2014, Ms. Taylor told Dr. Gallos that she should just put a smile
on her face and put up working President Jenkins-Scott, despite Dr. Gallos
report that President Jenkins-Scott was hostile, abusive and discriminatory
towards her;

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f.

Ms. Taylor told Dr. Gallos that her job was to make Jackie the best president
she can be, regardless of the consequences to Wheelock and Dr. Gallos of
denying the numerous problems President Jenkins-Scott was causing;

g.

Ms. Taylor collaborated with President Jenkins-Scott and the outside consultant,
Ms. Soliday, to reduce to the maximum degree possible the Boards knowledge
and oversight of President Jenkins-Scotts decision to fire Dr. Gallos,
prioritizing the preservation of President Jenkins-Scott over the Boards
responsibility to ensure that discrimination and retaliation did not occur at the
College;

h.

Ms. Taylor spread the false rumor to AGB Search that Dr. Gallos had sued the
College on or around December 2015; and

i.

Ms. Taylor gave untrue, negative and retaliatory assessments of Dr. Gallos to
other education leaders and search firms.

287.

Dr. Gallos has suffered loss and damage on account of Ms. Taylors actions

aiding and abetting discrimination and retaliation against her.


WHEREFORE, Dr. Gallos respectfully demands judgment against Defendant.
Taylor awarding:
a.

Damages in amounts to be established at trial, including without limitation,


damages for past, present, and future emotional pain and suffering, ongoing and
severe mental anguish, compensation for harm to reputation, loss of past,
present and future enjoyment of life, and past and present lost earnings and
earning capacity;

b.

Punitive damages;

c.

Pre- and post-judgment interest;

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d.

Costs;

e.

Attorneys fees pursuant to Mass. Gen. Laws Ch. 151B, 9; and

f.

Such other and further legal and equitable relief as the Court may deem just and
proper.
COUNT X
CHAPTER 151B AIDING AND ABETTING RETALIATION
As to Defendant DAVID CHARD

288.

Dr. Gallos re-alleges and incorporates the allegations set forth above in

Paragraphs 15-240 as though fully set forth herein.


289.

Dr. Gallos, a white employee of Wheelock, was subjected to discrimination,

an abusive and hostile work environment and retaliation on the basis of her color and race.
290.

President Chard became President of Wheelock on July 1, 2016.

291.

President Chard has aided and abetted the retaliation towards Dr. Gallos in at

least the following ways:


a.

Insisting that she teach six full courses with six different preparations for
Academic Year 2016-2017, which is an extremely heavy and unusual
courseload for a tenured full professor;

b.

Overruling the decision of Dr. Gallos department chair to give Dr. Gallos a
one-course release from her unusually heavy teaching load, and requiring her to
teach a brand-new class as part of her assignments, one week before the start of
classes in September 2016.

292.

Dr. Gallos has suffered loss and damage on account of President Chards

actions aiding and abetting retaliation against her.


WHEREFORE, Dr. Gallos respectfully demands judgment against President Chard
awarding:

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a.

Damages in amounts to be established at trial, including without limitation,


damages for past, present, and future emotional pain and suffering, ongoing and
severe mental anguish, compensation for harm to reputation, loss of past,
present and future enjoyment of life, and past and present lost earnings and
earning capacity;

b.

Punitive damages;

c.

Pre- and post-judgment interest;

d.

Costs;

e.

Attorneys fees pursuant to Mass. Gen. Laws Ch. 151B, 9; and

f.

Such other and further legal and equitable relief as the Court may deem just and
proper.
COUNT XI

DEFAMATION
As to Defendants WHEELOCK COLLEGE, JENKINS-SCOTT and TAYLOR
293.

Plaintiff Dr. Gallos re-alleges and incorporates the allegations set forth above

in Paragraphs 15-240 as though fully set forth herein.


294.

President Jenkins-Scott and/or Ms. Taylor made numerous false statements

concerning Dr. Gallos, from 2013 to 2016, as stated in paragraphs 50, 54, 79, 81, 91, 93, 95,
107, 110, 120, 139, 162, 197, 199, 200, 202, 230, 232, 234, 237, and 239.
295.

President Jenkins-Scott and/or Ms. Taylor and other Wheelock administrators

and faculty made these statements to administrators and colleagues at Wheelock College as
well as professionals at three national search firms who work in the higher education field.
296.

These defamatory statements were made to people who made employment

decisions regarding Dr. Gallos, colleagues of Dr. Gallos, and individuals who could be

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instrumental in helping Dr. Gallos achieve other academic positions outside Wheelock
College.
297.

The defamatory statements clearly identified Dr. Gallos and included false

information, including but not limited to, that Dr. Gallos was untrustworthy, had poor
performance, was trying to unseat President Jenkins-Scott as President of Wheelock College
because she was African American, and that Dr. Gallos had fabricated false concerns and
planted them among the faculty to make President Jenkins-Scott look bad.
298.

President Jenkins-Scott and/or Ms. Taylor made these statements knowing

they were false or in reckless disregard of their falsity, and did so intentionally to damage Dr.
Gallos reputation.
299.

At the time these defamatory statements were made, President Jenkins-Scott

was acting within the course of her employment at Wheelock and Ms. Taylor was acting
within the scope of her responsibilities as Chair of the Board of Trustees. As a result,
Wheelock is vicariously liable for their defamatory conduct. In the alternative, President
Jenkins-Scott and Ms. Taylor are personally liable for their defamatory conduct, if such
defamatory statements are deemed to have been made outside the course of their
employment/duties.
300.

As a result of this defamatory conduct, Dr. Gallos has suffered injury to her

reputation, and it is impossible for Dr. Gallos to position herself as an attractive candidate for
comparable, high-level administrative roles in higher education.
WHEREFORE, Dr. Gallos respectfully requests judgment against Defendants
WHEELOCK COLLEGE, JENKINS-SCOTT and TAYLOR awarding:
a.

Damages in amounts to be established at trial, including without limitation,


compensation for harm to reputation, back pay in the form of lost wages, loss of
future earnings, and punitive damages;

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b.

Pre- and post-judgment interest;

c.

Costs; and

d.

Such other and further legal and equitable relief as the Court may deem just and
proper.
RELIEF SOUGHT

WHEREFORE, having set forth the above-described legally sufficient causes of


action against the Defendants, Plaintiff prays for the entry of Final Judgment against all
Defendants jointly and severally, for damages in an amount not yet quantified but to be
proven at trial; for costs and attorneys fees; and for any other and further relief which is just
and proper.
DEMAND FOR JURY TRIAL
Plaintiff Dr. Joan Gallos respectfully demands a trial by jury as to all matters so
triable pursuant to Rule 38 of the Federal Rules of Civil Procedure.
Respectfully submitted,
BY: /s/ Anita Vadgama
Anita Vadgama, Esq.
BBO # 669319
McAllister Olivarius
5 Wells Street
Saratoga Springs, NY 12866
Telephone: (518) 633-4775
Pearce Building
West Street
Maidenhead, Berkshire SL6 1RL
England
Telephone: +44 (1628) 567 567
Email: avadgama@mcolaw.com

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