Mark Tumeo, former dean of the University of North Florida College of Computing, Engineering and Construction, has brought a lawsuit against the university’s board of trustees contending he was forced to resign under duress Oct. 3 after a telephone call from a school official.
Tumeo is represented by Tad Delegal of Delegal Law Offices.
Joanna Norris, UNF spokeswoman, said the university doesn’t comment on pending litigation, but provided an email sent Oct. 3 to students and faculty members:
“Dr. Mark Tumeo, dean of the College of Computing, Engineering and Construction, has resigned effective immediately. Tumeo engaged in behavior on campus Tuesday afternoon, Oct. 2, which was reported as a consensual sex act. It was unbecoming of a University official and doesn’t comply with the standards expected of members of our University community.
“It’s important to note that the conduct didn’t directly involve students or other University employees. Interim Provost Dr. Pam Chally has appointed Associate Dean Dr. Chip Klostermeyer to the position of interim CCEC Dean until a search for a new dean can be conducted,” it said.
According to a UNF Police Department report that was published by unfspinnaker.com, the student news site, an officer was called to Hodges Stadium the afternoon of Oct. 2 by a faculty member who said he observed Tumeo and another man engaged in sexual activity on the outside stairwell adjacent to the press box.
Tumeo at first denied, but then admitted the activity to campus police, who noted in the report that “Proper administrative notifications were made regarding Mr. Tumeo’s actions.”
On the morning of Oct. 3, Tumeo, who was hired as dean and named a tenured professor in June 2011, was called on his cellphone by Chally, according to the complaint.
Tumeo says that Chally advised him that he had only two minutes to determine whether to resign from his position as dean, as well as his position of tenured faculty member.
When Tumeo asked for more time to consider his options and to provide a defense against termination, Chally told him she would permit him three minutes to resign from employment, according to the complaint.
“Based on the short window of time that Plaintiff was given to decide whether to resign, and his concern that failure to do so would result in adverse publicity and personal embarrassment,” Tumeo submitted his resignation within the three minutes that Chally permitted him, the complaint states.
Tumeo contends in the complaint that he was not given a reasonable time in which to make a decision whether to resign, was not permitted to select the effective date of his resignation and was not permitted sufficient time to obtain the advice of counsel.
The complaint seeks a judgment that Tumeo’s resignation was involuntary, reinstatement to his position as a tenured faculty member with the right to maintain that position absent the due process provided to tenured faculty members of UNF and compensation for lost wages and benefits, court costs and attorney’s fees.
“It’s a question of whether he was coerced into resigning and if the court finds he resigned under duress,” said Delegal.
The case will be heard by Circuit Judge Kevin Blazs.