Instead of dismissing a wrongful termination against Howard University, Judge Rodney Smith transferred the case from the Southern District of Florida to the District of Columbia on March 25.
The court also granted Howard’s motion to vacate an entry of default and denied plaintiff Rehab Auf’s motion for leave to conduct jurisdictional and service discovery. Her motion for leave to amend her complaint was also denied as moot, officially closing the case.
“The court finds that good cause exists to vacate the entry of default,” Judge Smith wrote. “The individual defendants acted promptly to vacate the default, there is no prejudice to the plaintiff if the motion is granted, and ultimately, the court does not have personal jurisdiction over the individual defendants.”
The court then determined it lacks jurisdiction because it doesn’t align with the Florida Long-Arm Statute, mainly because the school and individuals, and the action came out of the District of Columbia, not Florida (even though the plaintiff signed her offer letter in Miami).
“The amended complaint fails to sufficiently plead a claim for fraud or conspiracy and does not allege facts to support a conclusion that defendants committed a tort in Florida that could give rise to a conspiracy claim,” Judge Smith wrote.
While Auf was hired for a faculty position with a start date of Aug. 16, 2018, she didn’t receive her official offer letter from Dr. Robert Catchings (Department Interim Chair) and Dr. Edna Medford (Interim Dean) until two weeks before she was supposed to start on Aug. 1. She accepted the offer in Miami and finished the application the next day. Still, the school’s handbook says that a position isn’t official until the president or vice president issues a written final notice to the candidate who signs the offer and returns it. Auf said she asked the court multiple times for the letter, but alleges she was ignored.
Medford allegedly told her that her position was given the green light but is accused of keeping the letter. Then, on Oct. 9, Medford informed the plaintiff her start date wouldn’t begin until January and told Auf that she failed to finish the on-boarding process and didn’t show up for classes in the fall 2018 semester.
Ultimately, Howard University found someone else to teach her class. Dr. Anthony Wutoh later told her she was fired for academic negligence.
She then sued for negligence and harassment, fraud, defraud, conspiracy, vicarious liability and breach of contract. She requested reinstatement, loss wages for back and front pay, and an injunction that would stop the school from retaliating.