Former administrator files whistleblower lawsuit against Boise State

BOISE (Idaho EdNews.org) — A former administrator has filed a whistleblower lawsuit against Boise State University, alleging age discrimination and an “inappropriate” relationship involving a Boise State official and a younger female employee who had received a job promotion.

Lisa Gardner filed the lawsuit in Ada County District Court Thursday, weeks after filing a $2.5 million tort claim against Boise State.

Gardner was Boise State’s executive director for alumni relations from 2015 through December. In her lawsuit, Gardner describes herself as a “Bleed Blue” Bronco and a 1995 graduate who considered the alumni relations post her “dream job.”

But Gardner’s lawsuit also describes a stormy, disintegrating relationship with Boise State administrators.

• Over recent years, Gardner said she had “repeatedly advocated for two valuable team members over the age of 40 who had not received promotions or pay increases that younger female employees received.” Gardner does not claim that she was a victim of discrimination.
• The lawsuit levels allegations against David Johnston, Boise State’s assistant vice president for alumni and constituent engagement, and Matthew Ewing, Boise State’s former vice president of university advancement and Boise State Foundation CEO. Both Johnston and Ewing “promoted multiple younger women to positions or reassigned to them job duties that had belonged to employees who were 40 years of age or older.”
• Last fall, Gardner said she became aware that two of her office’s “team members and subordinates” had filed age discrimination complaints against Johnston and Ewing. Gardner said she “fully cooperated” with an internal investigation, headed by Shasta Kilminster-Hadley of Boise State’s Office of Title IX and Institutional Equity.
• Gardner’s lawsuit also alleges that a high-ranking university and foundation official had had “an inappropriate intimate, romantic, or sexual relationship with a younger female employee and subordinate who had recently received a promotion and was reassigned job duties from another university employee over the age of 40.” The lawsuit does not name the Boise State official in question. In her lawsuit, Gardner says Kilminster-Hadley only wanted to discuss age discrimination complaints against Johnston and Ewing, not the sexual relationship allegation.
• On Oct. 28, Gardner signed a “loaned employee agreement,” moving her to the foundation on an indefinite basis.
• On Nov. 11, Gardner says she was told she would be terminated, effective Dec. 16 — an abrupt and retaliatory move designed to silence her. She says Johnston told her Boise State planned to eliminate her position, and fill a newly designed position after a national search. When Gardner asked if she would be able to apply for the newly designed job, “Johnston quickly and tersely stated ‘nope’” — a statement, according to the lawsuit, that runs counter to university hiring policy.

Boise State declined comment on the lawsuit late Monday.

In her civil lawsuit, Gardner is seeking past and future wages; damages covering “emotional distress, public humiliation, embarrassment, and harm to her reputation;” and legal fees.

The lawsuit does not specify damages. But in a March 30 tort claim, a precursor to a civil lawsuit, Gardner’s attorneys say damages “continue to accrue” but exceed $2.5 million.

According to the Transparent Idaho website, Gardner had been making $128,107 per year in the alumni relations office.

The lawsuit lists a range of defendants, in addition to the university and the foundation. The defendants’ list includes Johnston; Argia Beristain, who has succeeded Ewing as foundation CEO; and outgoing Boise State President Marlene Tromp.

Gardner is requesting a jury trial.

This article was originally posted on IdahoEdNews.org on April 21, 2025.