By Emily Wunderlich
Two years after Sophia Wisniewska was ousted as regional chancellor for the way she handled Hurricane Irma, her lawsuit against the university system and former President Judy Genshaft is headed for its first hearing.
Wisniewska is suing for breach of contract, defamation, intentional infliction of emotional distress and wrongful interference with a business relationship. She is seeking $15,000 in damages, excluding attorneys fees, court costs and interest.
Her suit, which was filed in Hillsborough County Circuit Court in April, refers to the draft of her termination letter from Genshaft, which was quoted in the Tampa Bay Times before the two had reached a less explosive resignation agreement.
On July 1, Genshaft’s attorney filed a motion to dismiss Wisniewska’s lawsuit on the grounds of her “failure to state a cause of action.” Genshaft’s attorney also argued that Genshaft could not have breached the resignation agreement before it was executed.
“The duty of good faith does not attach unless plaintiff can establish the existence of an enforceable contract that USF (Board of Trustees) was obligated to perform,” the motion says.
In Wisniewska’s suit, dated April 26, her attorney called Genshaft’s conduct “outrageous” and said it caused “emotional distress so severe that no reasonable person should be expected to endure.”
But Genshaft’s lawyer argues that her conduct does not legally meet Florida’s “particularly high burden” for the definition of “outrageous,” which is “to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.”
Genshaft’s attorney also maintains that Wisniewska cannot collect damages for “mental pain and anguish” due to breach of contract, even if the breach was willful and flagrant.
Hillsborough County Circuit Judge Ralph Stoddard is scheduled to hear arguments in the case at 1:30 p.m. on Oct. 22.
‘Outrageous’ conduct
Wisniewska and Genshaft ultimately reached a resignation agreement in which Wisniewska’s termination letter would not be included in her personnel file, “thereby rendering the letter subject to the Florida Sunshine Laws.”
The agreement also stated that both Genshaft and Wisniewska would “refrain from professionally derogatory comments regarding USF and each other, including but not limited to comments that could reasonably affect employability and professional standing.”
But before that agreement was reached, a draft of Genshaft’s termination letter was quoted in the Tampa Bay Times on Sept. 19, 2017. In it, Genshaft criticized Wisniewska for hesitating to close the campus, and then leaving the state without ensuring proper arrangements had been made.
Genshaft said in the draft that Wisniewska’s “lack of leadership” created an “intolerable safety risk” for the USF St. Petersburg community.
“No one is expected to remain vulnerable in a dangerous situation,” the draft said. “But it is expected that the Regional Chancellor will recognize that a clear chain of command must be established and that emergency operations and communications expertise are vital before, during and after a natural disaster.”
But Wisniewska argues that she “competently fulfilled her role as the Regional Chancellor for USFSP” by keeping in contact through phone calls and emails until the storm threat was over.
She contends that her reputation, professional standing and employability have all been damaged by the release of the draft letter.
Now 67, Wisniewska lives in California, where she worked for a time as a senior adviser at the University of San Diego, according to her LinkedIn profile.
