In a recent legal verdict, a Middlesex Superior Court jury has ruled in favor of Robin Nelson-Bailey, a former administrator at Brandeis University, in a discrimination lawsuit against the institution. This case stems from allegations of racial discrimination, gender discrimination and retaliation that Nelson-Bailey asserted she faced from school officials in the aftermath of a scandal involving complaints against former basketball coach Brian Meehan, who was later terminated. Nelson-Bailey’s lawyers for this case were Matthew J. Fogelman and Jeffrey Simons, and they argued that their client was used as a “scapegoat” by the university in this case.
Nelson-Bailey filed the lawsuit in 2019, subsequent to her demotion as part of Brandeis University’s response to a critical report on the university’s athletic department, which addressed students’ complaints regarding abusive and racist behavior by Coach Brian Meehan.
Meehan had faced accusations of racist behavior towards Black members of the basketball team dating back to 2003, including aggressive behavior, mistreatment and offensive remarks. Six students, including five Black students, initially reported his behavior in May 2017, but were dissatisfied with the university’s response, which involved disciplinary actions without disclosing details.
Nelson-Bailey, who joined Brandeis in 2016 as the Vice President of Human Resources (HR), oversaw the HR investigation into Coach Meehan. Despite lacking clear guidance on filling a written report, Nelson-Bailey advocated for one. The HR investigation concluded that Meehan had violated university policies, including those related to racial discrimination. However, it was not within the HR department’s purview to recommend disciplinary action, as stated in court documents. Nevertheless, Fogelman’s documentation revealed that both Nelson-Bailey and Linda Shinomoto, who led the investigation, characterized Meehan’s behavior as “abhorrent and sickening” and believed that his termination was warranted.
However, according to the 2021 Summary Judgment filed by Nelson-Bailey’s attorneys, a redacted version of the HR report was sent to Vice President of Student Affairs, Sheryl Sousa, who was a close friend of Meehan. Sousa determined that Meehan did not violate policies and should receive a warning and attend anger management classes.
Following the HR Report’s release, another Black student who had played basketball under Meehan came forward with allegations that he had made derogatory comments, including mentioning the Ebola virus and suggesting sending him “back to Africa,” as detailed in court filings. The situation gained widespread attention when an article exposed these allegations, resulting in significant public outrage and scrutiny of Brandeis University’s handling of prior complaints against Meehan. In response to the escalating controversy, Brandeis University took action by requesting a third-party investigation conducted by attorney Walter Prince and Associate Justice R. Malcolm Graham into the Brandeis Department of Athletics. The resulting report recommended disciplinary measures against individuals in the university’s human resources leadership, but did not specifically mention Nelson-Bailey in its findings.
In September 2018, Brandeis President Ron Liebowitz announced the demotions of Athletic Director Lynne Dempsey and Nelson-Bailey, both of whom faced probationary measures. In contrast, Sousa resigned from her position. Fogelman alleged that his client, the sole Black woman among high-level university employees, received more severe treatment compared to her white colleagues.
Following a rigorous seven day trial in Woburn, the jury awarded Nelson-Bailey $2.46 million in compensation, including lost wages, emotional distress and punitive damages. Her legal representatives argued that she was made a scapegoat during a period of public backlash regarding Brandeis University’s handling of accusations against Meehan.
In a statement given to The Boston Globe, Julie Jette, Brandeis’ Interim Senior Vice President of Communications, conveyed her dissatisfaction with the verdict and revealed that Brandeis plans to initiate the appeals process.
