McCarthy, Raphael dismissed as defendants in former MSU instructor's wrongful dismissal lawsuit

Missouri State University dance instructor Rhythm McCarthy and former head of the Department of Theater and Dance Jay Raphael have been dismissed as defendants in a wrongful dismissal lawsuit filed by former drama instructor George Cron.
Documents filed Dec. 4 in the Eighth Circuit Court of Appeals indicate Cron, Raphael and Ms. McCarthy reached an agreement and the case against the two was dismissed with each side bearing its burden of the costs. The case was dismissed with prejudice meaning Cron can no longer sue the two.
The action leaves the Missouri State University Board of Governors as the only remaining defendant.
Cron filed the appeal after his suit was dismissed in U. S. District Court for the Western District of Missouri. The following description of Cron's lawsuit comes from the April 3, 2006 Turner Report:

In a lawsuit filed March 31 in U. S. District Court for the Western District of Missouri, George Cron, Springfield, lists Rhythm McCarthy, a professor in the Theatre and Dance Department; Jay Raphael, department head; Bruno Schmidt, vice president of academic affairs; John Black, Missouri State's general counsel; and The MSU Board of Governors as defendants; and alleges wrongful dismissal and defamation.
Cron, who also has acted in such films as "Flying Tiger" and "Larva," says his problems with Ms. McCarthy began even before he was hired at Missouri State (then Southwest Missouri State University) in October 1998 when she was chairman of the Search Committee which hired Cron. Ms. McCarthy, in addition to her duties at Missouri State, is a professional dancer who has appeared with the California Ballet Company and the North Carolina Dance Theatre.
"(She) began to aggressively pursue a personal relationship with Mr. Cron," the lawsuit said. Cron says Ms. McCarthy helped him with his application and supported his hiring, which took place in May 1999.
After he was hired, Cron told Ms. McCarthy "that he did not reciprocate her romantic feelings and did not intend to consummate an affair," according to the lawsuit.
After that, he claims, she began "a series of actions designed to undermine (him) and ruin his reputation within the Department of Theatre and Dance." These actions, the lawsuit claims, included a series of statements about Cron's teaching methods, his fitness to teach, and his being "sexist" and "bigoted." Still, Cron was rehired each year until he came up for tenure in 2004. The Tenure Committee voted 6-2 to offer him tenure, the lawsuit said, with Ms. McCarthy and Sara Brummell casting the dissenting votes.
The committee recommendation was forwarded to Raphael, who rejected it. Cron appealed to Schmidt, who denied the appeal. On April 12, 2004, Cron appealed those decisions to the Academic Personnel Review Commission, which in a split decision, said "Cron's complaint was not frivolous." His appeal was again rejected. The case eventually went to an arbitrator, who ruled in Cron's favor July 29, 2005. Nonetheless, the board voted Oct. 4, 2005, not to extend tenure. Cron is asking for reinstatement and damages.