The appeal, in which former employee Bobbie Sanders accuses UNC of discriminating against her based on her age and sex, was filed April 3. The University has 30 days after the filing date to respond to the appeal.
Sanders, who works for the University as a computer consultant, originally filed the suit after not receiving a promotion to a vacant position in June 2000.
One year later, administrative law judge Sammie Chess ruled in favor of Sanders, recommending that she be placed in the new position and receive back pay for time since she did not receive the position. But last fall, that decision was overturned by the SPC, which ruled that Chess had "committed multiple, demonstrable errors, both legal and factual."
Al McSurely, Sanders' lawyer in the suit, said that because the case is now going before the Chatham County Superior Court, he is confident the decision will be in his client's favor.
"We have real judges now," McSurely said. "It started out before a real judge, an administrative law judge who ruled in our favor. Then it went to the State Personnel Commission, which is made up of political appointees."
McSurely said the principal argument of the appeal is that Chess was able to see witnesses testify firsthand, something the SPC did not do when it overturned the original decision.
"The fundamental argument we are making is that the administrative law judge watched the demeanor of the witnesses from the University, and the key question is whether they were lying, not being honest about their feelings about Ms. Sanders," McSurely said. "Then you have somebody who wasn't there making decisions -- it just isn't fair."
The appeal states that the SPC did not provide adequate details for why it overturned the original decision, claiming that the decision was "arbitrary and capricious and that it was not based on substantial evidence in the record."
The University's lawyers in the case could not be reached for comment this weekend.
