The unlawful termination case brought against NIU by Don Grady, former NIU police chief, may be completed with obtaining evidence within 60 days.

In 2013, Grady was fired due to the NIU Police Department’s alleged mishandling of a criminal sexual assault case involving Andrew Rifkin, former NIU police officer, and an undergraduate student, according to the opinion of Judge Harry Leinenweber denying NIU’s motion to dismiss the first amended complaint by Grady.

Weeks after the allegation, two female undergraduate students came to Grady’s office to claim their belief that the encounter was consensual. Formal written statements were submitted to NIU Police Lieutenant Kartik Ramakrishnan who later said he had misfiled the statements and neglected to provide them to the state’s attorney’s office for possible disclosure, according to the opinion of Judge Harry Leinenweber denying NIU’s motion to dismiss the first amended complaint by Grady.

At this time, Eddie Williams, former NIU executive vice president and chief of operations, was relieved of his authority over the NIU Police Department and replaced by Bill Nicklas who immediately placed Grady on paid administrative leave due to Grady’s potential misconduct in the supervision of others regarding the handling of two students’ statements and his deletion of various files from his work computer, prior to being placed on leave, according to the opinion of Judge Harry Leinenweber denying NIU’s motion to dismiss the first amended complaint by Grady.

Grady sued NIU’s Board of Trustees and a number of individuals, alleging he was discriminated against on a basis of race, retaliated against for complaining about racial discrimination and for investigating corruption within the NIU administration.

“We have progressed in discovery, meaning that we are finding out information concerning what happened and why it happened,” said Grady’s attorney Michael Fox. “The suit is based on allegations that he was denied due process of law.”

Once discovery is complete, motions will begin to be filed.

FBI Investigation

On March 6, 2013, special agents and other personnel from the FBI, along with agents and officers from federal and state law enforcement partners, executed a search warrant associated with a criminal investigation being conducted by the FBI, Illinois State Police, U.S. Department of Education Office of Inspector General and Housing and Urban Development Office of Inspector General.

Fox said Grady did not need representation in this case because he was never a target in the investigation.

In January, the U.S. Attorney’s Office informed NIU that the investigation is closed and that it will not pursue charges against the institution or any individuals. NIU cooperated fully throughout this process and is pleased with the outcome, according to a statement from NIU Spokesperson Joe King.

FBI Special Agent Garret Croon said the FBI may or may not release an update.

“My understanding, as a result of the last couple of days, is that there may be some conflicting information in that regard,” Fox said. “In particular, it’s my understanding from the newspaper reports and from other information that we have, NIU officials were informed in a very similar way to the way we were informed.”