Board sides with UNLV professor

Wednesday, July 14, 1999 | 11:24 a.m.

CARSON CITY -- The state Board of Examiners voted Tuesday to pay $312,341 to UNLV professor Richard Sutton, who was wrongfully fired from his job six years ago.

But an attorney for the University and Community College System of Nevada said a new effort will be made to terminate the 63-year-old Sutton, who was recently rehired at UNLV.

A district court jury in Las Vegas ruled Sutton, who had held his job for 20 years, wasn't given due process when he was ousted. And the state said there were no errors at that trial on which to base an appeal. But Brooke Nielsen, assistant counsel for the university system, said another effort will be made to fire Sutton.

Sutton through his lawyers has said that any new termination effort would be contested.

Sutton, whose specialty was political science, was transferred to the College of Business, where he received two unsatisfactory performance reviews. Procedures were begun to terminate him, but Sutton and university officials were negotiating a deal to allow him to take a job in the business office for a guaranteed one year. However, a disagreement arose and Sutton was fired.

Since his dismissal Sutton has worked cleaning swimming pools. The jury awarded him back pay, interest and attorney's fees.

The Board of Examiners also decided on several other claims against the state:

* The board paid Joshua Juarez $30,000 for injuries suffered in an accident at the Lake Mead off-ramp of U.S. 95 in Clark County in April 1997.

Juarez was exiting the ramp on his motorcycle when a state Department of Transportation street sweeper driven by Antonio Watts turned left in front of him. The motorcycle crashed causing injuries to the arms, neck and back of Juarez who has incurred $28,000 in medical bills.

The state Attorney General's Office said the injuries resulted from Watts' inattention.

* The board also voted to pay $19,610 for attorney fees for state prison inmate Jason Ward, who sued because he was not given a kosher diet. Ward lost in U.S. District Court but won an appeal to the Ninth Circuit Court of Appeals.

* The board agreed to an out-of-court settlement for $17,500 for Sheri Andrews-Petersilie who suffered head, hand and shoulder injuries when she tripped and fell on a worn carpet on the outside stairs at UNLV's Ham Hall. The university knew of the problem in February 1997 but had not corrected it. Andrews-Petersilie sought $35,000. Her medical expenses have reached $9,400.

* The board denied the claim for $145,000 from Talus Wilson, who claimed he suffered a broken leg when he was pushed over the railing at the Thomas and Mack Center and fell 15 feet to the floor. He said the surging crowd pushed him over the railing.

But a state investigation said it was not possible for a crowd to form behind Wilson because of the seating arrangement. Wilson had a blood alcohol level of 0.251.