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Adaptive Curriculum, Sebit, LLC CEO Claims Ignorance as Lawsuit Continues

Adaptive Curriculum, Sebit, LLC CEO claims he was unaware of any protected activity complaints while on the job for four months. Attorneys for Sebit, LLC Clark Law Firm and BurnsBarton suggest unwanted advance from employee was, "collateral boob."


Phoenix, AZ — Embroiled in a sexual harassment and possible violation of the American’s with Disabilities Act lawsuit, Adaptive Curriculum, (a.k.a. Sebit, LLC) one of ASU’s largest SkySong tenants, has CEO, James Bowler in a sworn statement filed in Federal Court stating he was unaware of complaints of any protected activity while on the job for four months.

The case, scheduled for trial in early November, claims sexual harassment and other Equal Employment Opportunity Commission (EEOC) violations. James Bowler’s bio states he “previously served as CEO of Epsilen, a global eLearning company; President of Harcourt Connected Learning, an online professional development company; and CEO of Classroom Connect.” In a sworn document executed on April 25, 2013, Bowler states, “I was not aware that Plaintiff [Matthew Murphy] had made claims of sexual harassment to the Human Resources Manager, Patricia Myers.”

“For James Bowler to be a CEO of Adaptive Curriculum, CEO of Epsilen, and president and CEO at a couple of other companies, I find it unlikely he would take a job and be in it for four months without knowledge complaints of this nature existed,” said Plaintiff Matthew Murphy. “I also find it unlikely in a company of only 15 employees such knowledge wasn’t shared since it was no secret due to the mishandling of the matter.”

Murphy, who was employed as a Special Projects Marketing Manager at Adaptive Curriculum, reported sexual harassment concerns and assault from co-worker Jaqueline Mercier to Patricia Myers, the Human Resources manager at Adaptive Curriculum beginning in early November of 2009. Bowler began as CEO in January 2010.

Murphy claims the entire executive team was informed about the complaints. “With Bowler’s recent sworn statement, one can only ask who is minding the store at Adaptive Curriculum,” said Murphy. “To not be informed of potentially damaging issues at a company you’re taking the helm of makes one wonder what kind of education Adaptive Curriculum is promoting. Definitely not common sense with Bowler’s claim,” adds Murphy.

Adaptive Curriculum’s attorneys Ezra Clark of Clark Law Firm and Benjamin Naylor of BurnsBarton appear to not be taking the matter seriously as they questioned Murphy about the unwanted advances he received from Mercier. During Murphy’s deposition, Naylor asked of an unwanted hug, “Are you sure Ms. Mercier wasn’t just giving you a friendly hug and there was collateral boob?” Murphy repeatedly stated that Ms. Mercier was explicitly instructed not to touch him and that her advance was an unwanted body slam where Mercier rubbed her breasts against Murphy before throwing her arms around him.

Adaptive Curriculum, is a division of Sebit, LLC, an educational math and science company owned by Oger, a middle eastern holding company.

Sebit, LLC is represented by Attorney Ezra Clark of Mesa and members of BurnsBarton of Phoenix.



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