A federal judge last week dismissed a lawsuit filed last year against Said Sewell, Lincoln University's former provost and vice president for Academic Affairs, and several other officials at Ohio's Kent State University.
Sewell worked at Kent State (KSU) before coming to Lincoln in 2014.
"The motion to dismiss is granted," U.S. District Court Judge John R. Adams wrote in his seven-page order and decision in the case. "The motions for leave to amend are denied, as amendment would be futile."
However, Nancy Grim, the Kent, Ohio, lawyer who filed the 2016 lawsuit on behalf of former Kent State employee Lisa Roberto, told the News Tribune they're considering an appeal.
In her lawsuit, Roberto noted she was employed at KSU's Academic Success Center from August 2008 through May 2013, and, in her final two years, she worked in a position funded primarily by a federal TRIO Student Support Services grant - and only partly funded by KSU's Undergraduate Studies college.
"During her employment in 2011-13, Roberto observed facts that caused her to believe that KSU was making false claims to the U.S. Department of Education for payment under the TRIO program," Grim wrote in the lawsuit, "by seeking payment for her time and effort spent on non-grant activities, and possibly other inappropriate activities with respect to (the) funding.
"Roberto further believed that KSU, through the individual defendants, intended to continue making such false claims."
In addition to Sewell, Roberto's lawsuit named three other employees and Kent State University as defendants.
In last week's order, Judge Adams noted the university argued it was immune from being sued, under the U.S. Constitution's 11th Amendment, which says: "The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state "
Adams wrote: "It appears undisputed that Kent State must be dismissed as a defendant from this matter (and) as Roberto has not challenged this position, Kent State is hereby dismissed as a defendant."
Kent State's lawyers also had argued Sewell and the other four individuals were "not employers and therefore not subject to suit."
Although Grim twice asked the court to allow her to amend Roberto's lawsuit, to add additional claims and additional individual defendants, Adams cited more than two dozen other cases argued in various federal courts around the country, that supported the university's arguments.
When Roberto's lawsuit first was publicized last August, Sewell told the News Tribune he'd been advised by the attorneys not to comment on the case.
After Adams' order was released last week, Sewell reported Roberto was "terminated after I had become the assistant provost and had no oversight over that college (and) did not terminate the individual.
"And (she) never reported directly to me. She reported to me when I was the dean through a director, an assistant dean, and an associate dean."
After LU's Faculty Senate in September voted "no confidence" in Sewell's work as Lincoln's provost and Academic Affairs vice president, he took a leave of absence from LU.
However, this semester he's teaching some courses online.
Sewell this spring also was a finalist - but not the final choice - for Kentucky State University's presidency.