Former UTA lecturer with end-stage liver disease sues for $10 million

Cynthia Clark received praise and glowing performance reviews as an adjunct history professor and senior lecturer at the University of Texas at Arlington before she was diagnosed with end-stage liver disease two years ago.

Facing an uncertain future as she awaited a liver transplant, Clark lost her job and her health insurance, jeopardizing her ability to afford the potentially lifesaving treatment.

Clark is now suing UTA, alleging discrimination and retaliation, which she asserts in court documents occurred after she told her department chairman of her health crisis.

Her attorney, Elizabeth Stepp, called the case “a matter of life and death” and said Clark is now first on the list for her blood type at a Dallas hospital for a liver transplant

“She has been very lucky that doctors have been able to use various medications,” Stepp said. “Unfortunately, there is a possibility that she may not be alive at the end of this case.”

UTA spokeswoman Kristin Sullivan said in an email that the university “does not comment on pending legal matters and looks forward to presenting its position and the facts through the legal process.”

Clark is seeking $10 million in damages in part because she lost her health benefits and is now on Medicaid. Stepp said Clark could have a “living liver transplant,” meaning that she could receive part of a liver from a living donor, a procedure that Medicaid doesn’t cover.

Clark began teaching at UTA as an adjunct professor in 2001, according to the lawsuit, and her contract was renewed every semester until the fall of 2014.

“Dr. Clark was well-liked by her students, published a high number of scholarly works, and was voted UTA’s College of Liberal Arts Outstanding Adjunct Teaching Award two years in a row,” the lawsuit says.

In the summer of 2014, Clark was diagnosed with end-stage liver disease and told that she might have weeks to live.

In spite of her diagnosis, Clark taught until the following October, finally stopping after she was hospitalized for the third time, the lawsuit says. She requested time off under the Family Medical Leave Act.

Hoping to return to teaching in January 2015 for the spring semester, Clark contacted the university’s human resources department and also met with the history department chairman, Marvin Dulaney, shortly after Christmas. According to the lawsuit, Dulaney told her that she was not going to return to her teaching duties because of her “ongoing, chronic illness.”

Clark contacted human resources again, and Dulaney was informed that he could not terminate her because of her illness, the lawsuit says.

According to the lawsuit, Dulaney became angry and told Clark that she had ruined a longtime friendship of his by going on medical leave. The suit also says Dulaney refused to reinstate Clark at the same pay rate and demoted her to an administrative position.

Late in the spring semester, Clark spoke to Dulaney about plans for the fall 2015 semester. He stated that he wanted Clark to teach a couple of classes and to work with him on the department’s reaccreditation, the lawsuit says.

The university newspaper, The Shorthorn published several articles on Clark’s health, and according to court documents, UTA felt that because of the articles Clark did not want to work at the university any longer. But the lawsuit says no one discussed the articles with Clark.

In August, Clark received a one-sentence email from Dulaney that said, “The Department of History will not need your services this fall.”

The suit accuses the university of violating state law by refusing to rehire Clark since her disability did not interfere with her ability to perform her job. The Texas Workforce Commission issued a right-to-sue letter March 2.

While Clark is awaiting a liver transplant, she continues to look for work, her attorney said.

“Like anyone with a chronic illness, she has her good days and bad days,” Stepp said.

This story was originally published April 28, 2016 at 4:29 PM with the headline "Former UTA lecturer with end-stage liver disease sues for $10 million."