CAUSE NO. 1427000

ANITA BELLE WHITTINGTON, § IN THE DISTRICT COURT Plaintiff, § § v. § WALKER COUNTY, TEXAS § SAM HOUSTON STATE UNIVERSITY, § Defendant. § 12TH JUDICIAL DISTRICT

DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURES

Defendant Sam Houston State University (“SHSU”) files its Original Answer and

Affirmative Defenses to Plaintiff’s Original Petition.

I. GENERAL DENIAL

Pursuant to Rule 92, TEXAS RULES OF CIVIL PROCEDURE, and for the express purpose of

requiring the Plaintiff to meet her burden of proof, Defendant denies every allegation contained

in Plaintiff’s Original Petition, and demands strict proof thereof as required by law.

II. AFFIRMATIVE DEFENSES

Pleading further, Defendant asserts that it is entitled to the following affirmative

defenses:

1. This court lacks jurisdiction over Plaintiff’s claims against Defendant.

2. Defendant asserts the defense of sovereign immunity as to any of

Plaintiff’s claims for which there has been no statutory or express waiver.

3. Defendant asserts the defense of limitations to the extent applicable to any

cause of action asserted by Plaintiff.

4. Plaintiff failed to exhaust her administrative remedies and meet all

statutory prerequisites prior to filing this lawsuit.

Melissa Fuentes

Filed: 1/22/2015 11:17:45 AMRobyn M. FlowersDistrict ClerkWalker County, Texas

5. Defendant asserts that Plaintiff failed to engage in any protected activity.

6. Defendant asserts that compensatory damages and other damages provided

for in Chapter 21 of the Texas Labor Code, if any, are subject to the

damage cap set forth therein.

7. Defendant asserts that any employment decisions challenged by Plaintiff

were made for legitimate, non-discriminatory and non-retaliatory reasons,

and that its decisions would have been made regardless of any protected

activity claimed by Plaintiff.

8. Defendant asserts that any employment decisions challenged by Plaintiff

were made for legitimate, non-discriminatory and non-retaliatory reasons,

and that its decisions would have been made regardless of Plaintiff’s

gender.

9. Defendant asserts that any employment decisions challenged by Plaintiff

were made for legitimate, non-discriminatory and non-retaliatory reasons,

and that its decisions would have been made regardless of Plaintiff’s age.

10. Defendant asserts that any employment decisions challenged by Plaintiff

were made for legitimate, non-discriminatory and non-retaliatory reasons,

and that its decisions would have been made regardless of Plaintiff’s

alleged disability.

11. Defendant asserts that, to the extent applicable, Plaintiff has failed to

mitigate her damages, if any.

12. Defendant’s actions with regard to Plaintiff would have been the same

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even in the absence of facts Plaintiff claims resulted from illegal conduct.

13. Defendant asserts that Plaintiff has failed to state a claim upon which relief

can be granted.

14. Defendant asserts that Plaintiff lacks standing to bring this lawsuit.

15. Defendant asserts that at all times relevant to this cause, Defendant’s

actions were reasonable and proper under the laws of the State of Texas.

16. Defendant asserts the right to raise additional defenses that become

apparent throughout the factual development of this case.

III. REQUEST FOR RULE 194 DISCLOSURES

Defendant Sam Houston State University, requests that Plaintiff, Anita Belle Whittington,

disclose within 30 days of service of this request, the information or material described in Texas

Rules of Civil Procedure 194.2(a) through 194.2(l).

IV. PRAYER

WHEREFORE, Defendant prays that Plaintiff take nothing by this suit and that all costs

be taxed against her.

Respectfully submitted,

KEN PAXTON Attorney General of Texas

CHARLES E. ROY First Assistant Attorney General JAMES E. DAVIS Deputy Attorney General for Civil Litigation

JAMES “BEAU” ECCLES Division Chief

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/s/Yvonne D. Bennett YVONNE D. BENNETT Assistant Attorney General Texas Bar No.24052183 Attorney in Charge P.0. Box 12548 Austin, Texas 78711 Phone No. (512) 463-2120 Fax No. (512) 320-0667 yvonne.bennett@texasattorneygeneral.gov

COUNSEL FOR DEFENDANT SAM HOUSTON STATE UNIVERSITY

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document was served via

U.S. Certified Mail Return Receipt Requested on this 22nd day of January, 2015, on:

Kechi Chukwurah LAW OFFICES OF KECHI H. CHUKWURAH 8034 Montague Manor Lane Houston, TX 77072 Tel: (832) 526-6500 Fax: (832) 200-1420 Attorney for Plaintiff /s/ Yvonne D. Bennett Yvonne D. Bennett Assistant Attorney General

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