CLEVELAND, Ga. — Former Truett McConnell University President Emir Caner is asking a judge to reject the university’s attempt to dismiss his breach-of-contract lawsuit, arguing the dispute can be decided without the court weighing religious doctrine.
Caner’s attorneys filed a response Thursday, Sept. 24, opposing TMU’s motion to dismiss the case in White County Superior Court.
At the center of the dispute is whether the court has jurisdiction to hear Caner’s breach-of-contract claim or whether doing so would improperly involve the judiciary in ecclesiastical matters. TMU has argued that the case should be dismissed under the doctrine of ecclesiastical abstention, which generally limits courts from interfering in certain internal religious matters.
Caner’s attorneys argue that principle does not prevent the court from hearing this case.
“TMU is not a church. Emir Caner, TMU’s former President, was not employed as a pastor,” the filing states.
According to Caner’s response, TMU fired him after claiming his alleged knowledge of a sex scandal violated, among other things, “Core Values” contained in the university’s policy manual and based on Christian principles.
Caner disputes that the court would need to interpret those religious principles to determine whether TMU breached his employment contract.
Attorneys say case turns on what Caner did
Caner’s attorneys argue the central question is factual: whether Caner actually engaged in the conduct TMU says justified firing him for cause.
“TMU contends that Caner breached his contract and that his termination was justified ‘for cause,’ it must still prove that Caner engaged in the conduct it alleges,” the filing states. His attorneys argue that if a jury determines Caner did not engage in the alleged conduct, TMU would be in breach of the contract.
“Whether such alleged conduct hypothetically violated TMU’s ‘Core Values’ is immaterial,” they argue.
The response maintains that Caner’s contractual obligations did not include adherence to the university’s Core Values. His attorneys contend the lawsuit can be resolved using what they describe as “neutral legal principles,” without requiring a judge or jury to resolve questions of religious doctrine.
“Accordingly, TMU has not established that its reasons for terminating Caner are based on ecclesiastical grounds,” the filing states.
Caner is asking the court to deny TMU’s motion to dismiss and allow his breach-of-contract case to proceed. He is being represented by attorneys with Parks, Chesin & Walbert of Atlanta.
Caner’s response came on the same day as a pre-trial motion hearing in the Bradley Reynolds case. Reynolds is the former TMU vice-president hired by Caner who left amid allegations that he engaged in an illicit sexual affair with a student turned staffer.
Reynolds is charged with three felony counts of making false statements to law enforcement. His case is expected to go to trial in early November.
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