Judge declines to dismiss lawsuit filed by former COD President Robert Breuder

A federal judge on March 1 declined to dismiss a lawsuit filed by former College of DuPage President Robert Breuder against the COD board following his firing in October 2015.

Breuder filed the suit Oct. 21, 2015, the day after he was formally fired 4-1 by the school's Board of Trustees. The complaint names the board, the county and board members Deanne Mazzochi, Frank Napolitano and Charles Bernstein, as well as former board member Kathy Hamilton – the four who voted to terminate him. Trustee Dianne McGuire was the sole trustee to vote against his termination.

Breuder's suit claims he was "deprived of his civil and constitutional rights when defendants wrongfully terminated his employment in violation of his contracts, without due process, and based on false charges of misconduct."

He is seeking more than $2 million in damages in the suit. U.S. Northern District Court Judge Andrea Wood on March 1 denied the board's motion to dismiss the suit. Regarding the individual defendants' motion to dismiss, Wood granted the motion in part and denied it in part.

Breuder's claim of tortious interference with contract was dismissed with prejudice, meaning the claim can't be refiled. Tortious interference occurs when one person intentionally damages someone else's contractual or business relationships with a third party, causing economic harm.

Other defamation and conspiracy claims also were dismissed with prejudice by Wood, but she declined to dismiss Breuder's other claims, including that his due process rights were violated, as well as defamation claims stemming from statements made by individual defendants to media outlets.

Board documents had detailed eight reasons as the cause of the termination, including ethical violations, electioneering, improper use of college funds and improper financial control. The board has promised to release redacted documents backing up its allegations.

The lawsuit went on to state Breuder's reputation had been falsely and nationally tarnished because of the "witch-hunt."

"Defendant Hamilton instigated such portrayals, and as a result of her wrongful conduct, Dr. Breuder has lost speaking and consulting engagements, was removed from a professional advisory board, and was declined an already-awarded alumni award from his undergraduate Alma mater. He also has been shunned from the academic community," it stated.

A status hearing on the case is set for March 30.