A nurse at the University Health Center is suing the University of Oregon and two former UHC leaders for racial discrimination, among other things. In a ruling this month, a judge found that some of the claims can proceed toward a trial, while others were dismissed due to technical issues that could be amended.

In the complaint filed in October 2017, Dylan Blanks, now the nursing team lead in the UHC, claimed that Lorretta Cantwell, then the UHC director of nursing, treated her differently than other employees and created a “hostile work environment” on the basis of Blanks’ race.

Specifically, the claims state that Cantwell reduced or interfered with Blanks’ responsibilities, “micro-monitored” her work and excluded her from activities she was normally a part of, as well as other things.

The complaint states that the conduct worsened after Blanks reported vaccine handling violations and due to Cantwell’s misunderstanding of “diverse ways of communication.”

After Blanks reported the behavior to the university’s Office of Affirmative Action and Equal Opportunity, which oversaw complaints of racial and employment discrimination, the AAEO investigated the claims.

A June 2017 report from the office found that Cantwell’s behavior “more likely than not” violated UO’s policy against discriminatory harassment and Community Standards Affirmation.

The report continues that, “Cantwell engaged in conduct toward [Blanks] that was at least in part based on [Blanks’] race, was unwelcome and sufficiently pervasive that it created an intimidating and hostile working environment for [Blanks] and interfered with [Blanks’] work.”

The lawsuit also named LeAnn Gutierrez, the former executive director of the UHC, as having enabled Cantwell to discriminate against Blanks. The AAEO report did not address claims against Gutierrez.

Neither Cantwell nor Gutierrez are still employed by the university. Gutierrez left the UO in May 2018 for a position at Florida Atlantic University. Cantwell left the university in early October to “pursue other opportunities,” according to university spokesperson Tobin Klinger.

In its legal arguments, the university did not address the question of whether the alleged discrimination took place. Rather, it argued that the suit should be dismissed for technical and procedural reasons.

In addressing that argument, District Judge Ann Aiken dismissed Blanks’ claims about violations of her free speech rights, employment discrimination rights and whistleblower’s rights. Aiken allowed two claims about racial discrimination to proceed.

The next step in the suit is for Blanks to amend her complaint to fix the procedural issues that got the three claims dismissed, according to Beth Creighton, Blanks’ attorney.