Court: Fired NWSCC professors entitled to backpay

PHIL CAMPBELL — Two former Northwest Shoals Community College tenured professors are entitled to backpay, benefits and attorney fees, but not reappointment to their jobs, according to a ruling from the Alabama Supreme Court.

Current NWSCC President Jeff Goodwin filed a petition with the Alabama Supreme Court asking the court to demand the trial court proceed with a summary judgement, which means going forward without a trial.

“We conclude that the trial court erred in denying the summary judgement motion with respect to the claims for backpay, benefits and attorney fees,” the court stated in its ruling issued on Friday.

“Due to this case pending, the college cannot comment at this time,” NWSCC Director of Public Relations and Marketing Trent Randolph said Monday.

Anthony Shackelford was an instructor/ wellness center director/ intermural sports program director who worked for the college for 34 years, and Kimberly Miller was a fitness center wellness program manager who worked for the college for 24 years on the Phil Campbell campus.

On Aug. 9, 2017, according to the Supreme Court decision, the college adopted a Reduction in Force Policy (RIF) in accordance with the Students First Act, which defined the RIF as “layoffs” or other personal actions which were unavoidable.

On Aug. 17, 2017, then NWSCC President Humphrey Lee requested to implement the RIF, which resulted in the two professors being terminated on Sept. 20, 2017, due to “persistent decline in student enrollment” which led to a decrease in revenue.

On Sept. 20, 2019, the former professors filed a civil lawsuit in Franklin County Circuit court regarding their terminations.

Two months after their firing, according to the decision, the former professors became aware the college was under investigation for fraud involving student financial aid and Pell grants.

“The fraud committed by certain employees of [NWSCC] ended up costing [NWSCC] well over one million dollars,” according to the suit. “Simply stated, the [former professors] finally learned that they were losing their jobs so that [NWSCC] could pay for the wrongs committed by other employees.”

The former professors, according to the suit, alleged the college and its former president used inaccurate student numbers and false reasons in their request for the RIF.

In their suit, the professors asked the court to declare the college and its former president failed to comply with Students First Act and asked to be reinstated to their former positions with backpay, benefits and attorney fees.

In May 2020, according to the decision, then NWSCC President Glenda Colagross asked the court to dismiss the case, arguing the professors’ claims were barred by the Alabama Constitution.

On Jan. 15, the trial court entered an order denying the motion to dismiss the case, stating there were facts in the case indicating Lee may have improperly implemented the RIF and improperly used the policy to terminate the professors.

Attorney Cole Christopherof Haleyville, who represents Miller and Shackelford, also said he had no comment on the case.