April 27--Fired College of DuPage controller Lynn Sapyta did not engage in misconduct or intentionally violate school policy, according to a ruling that could bolster her wrongful termination claim.
A state administrative appeals court found Sapyta "used her best practices to perform her job," in spite of the college's assertions that her mismanagement cost the school millions and allowed fraud to occur. As a result, Sapyta is entitled to unemployment benefits dating to September, when she was terminated, according to a ruling issued by the Illinois Department of Employment Security.
The college had fought Sapyta's unemployment claim, saying she violated several school policies and failed to keep adequate records.
"While she may not have used the suggested or recommended methods of accounting that the employer's expert financial witness stated were used in the industry, (Sapyta) stated she followed the methods that were in place when she was hired ... (her) actions did not constitute a deliberate or willful disregard of the employer's interests," administrative appeals Judge Nancylee Burds wrote last week.
The college intends to appeal the decision, spokesman Joseph Moore said.
"It's our policy not to comment on pending litigation, but we disagree with the outcome and intend to appeal," he said.
Sapyta, who worked for the college for more than five years, was fired along with Treasurer Thomas Glaser. The college cited violations of the school's investment practices and accounting problems tied to the college's radio station and high-end restaurant, Waterleaf. Sapyta and Glaser also were accused of using school resources to campaign against three board of trustees candidates in the April 2015 election.
Burds found nothing improper with Sapyta using her college email account to urge a friend to vote against a slate backed by former Chairwoman Katharine Hamilton.