Table of Contents
Violations of Laws, Policies, and Procedures
This page displays a summary of notable laws, policies, and procedures that were violated by McNeese State University and its Employees, including actions done against me.
1st Amenendment of the United States Constitution
McNeese State University has taken hostile action against me, Kevin Day, for communicating numerous violations of the law and policies by Patrick Eustis. This is admitted by McNeese Chief of Police, Robert Spinks, when he justifies his unlawful use of the university bar order policy.
Civil Rights Act of 1871
As of the 1968 U.S. Supreme Court ruling in Pickering, government whistleblowers are protected under the 1st Amendment of the United States Constitution.
By terminating me, Kevin Day, (and subsequently harassing me via the unlawful use of the university bar order policy) while I was acting Under the Color fo the Law McNeese is in violation of the Civil Rights Act of 1871.
When I refused to violate the law by refusing to push Patrick Eustis' ADA violations to the McNeese State University website (as well as his security and policy violations). Chad Thibodeaux and Stan Hippler retaliated by removing me from the project and then terminating my position. (The fact that I provided a functional alternative that does not violate the law, security, or policies was completely ignored by Chad Thibodeaux and Stan Hippler.)
Furthermore, I had disclosed the violations to my supervisors, who are Chad Thibodeaux and Stan Hippler. I was ignored and possibly even retaliated by Chad Thibodeaux and Stan Hippler.
Furthermore, I suffered disparate treatment, where Andrew Maypley performed similar actions, such as removal of Patrick Eustis' access (and another users) for violating the security policy of the website within days of him being granted access.
42 U.S.C. 1983
In issuing the unlawful use of the university bar order policy, Robert Spinks and subsequently McNeese State University, has deprived me, Kevin Day, of my rights.
Civil Rights Act of 1964, Title VII, 42 U.S.C 2000e-3(a)
McNeese State University violated Title VII of the Civil Rights Act of 1964 when they retaliated against me for opposing Americans with Disabilities Act violations by Patrick Eustis. They also did so in a discriminatory manner when they took action against me but not Andrew Mapley, who also did not publish the violations (and had full access to do so).
Americans with Disabilities Act, 42 U.S.C 12203
McNeese State University consistently and knowingly violated ADA laws. See Civil Rights Act of 1964, Title VII, 42 U.S.C 2000e-3(a).
LA. R.S 23:967 and LA. R.S. 42:1169
I was retaliated against after having notified Chad Thibodeaux and Stan Hippler via a computer system and software called Jira. LA. R.S. 42:1169 also applies here because, as a McNeese State University employee, I was classified as a public employee.
- “Hale V. Touro, 886 So. 2d 120 (La. 2004)”
- “Santiago-Ramos v. Centennial P.R. Wireless Corp., 217 F.3d 46 (1st Cir. 2000)”
- “Fassold V. Justice 409 F.3d 178 (3rd Cir. 2005)”
- “Fabela v. Socorro Independent School District, 329 F.3d 409 (5th Cir. 2003)”
- “Fierros v. Texas Dept. of Health, 274 F.3d 187 (5th Cir. 2001)”
- “Thomas v. Texas Dept. of Criminal Justice, 220 F.3d 389, 394 (5th Cir. 2000)”
- “Abramson v. Wiliam Paterson College, 260 F.3d 265 (3rd Cir. 2001)”
- “Che v. Massachussetts Bay Transportation Authority, 342 F.3d 31 (1st Cir. 2003)”
- “Hite V. Vermeer, 446 F.3d 1192 (10th Cir. 2007)”
- “Brammer-Hoelter v. Twin Peaks, 492 F.3d 1192 (10th Cir. 2007)”
- “Fleeman v. Nevraska Park, 2008-STA-15 (DOL judge) (February 9, 2009), affirmed Administrative Review Board (May 28, 2010)”
- “Centeno-Bernuy v. Perry, 202 F. Supp. 2d 128 (W.D. N.Y. 2003)”
Equal Opportunity Violations
According to the EEOC, it is illegal for an employer to publish a job advertisement that shows a preference for or discourages someone from applying for a job because of his or her race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.
When the university secretly oppened up a new position and only allowed Patrick Eustis an opportunity to apply and get the job, they violated EEOC by discriminating against everybody other than Patrick Eustis. They did this on multiple occasions, first when they moved Patrick Eustis to the UCS when there was no such position available and secondly when they created a brand new “redesign” position.