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Losing a civil rights lawsuit is a badge of honor
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By Mike Cuenca | June 4, 2003
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As the University Daily Kansan reported on June 4, my lawsuit against
the University and J-School deans Myron Kautsch and Jimmy Gentry has
been dismissed by a federal judge (KU class of '49). But their headline
and the angle of the story, that these deans have been "vindicated", is
wrong. What they didn't report is that the judge dismissed the case
without KU being able to disprove the facts I alleged. The lies and the
misrepresentations and the truly sleazy behavior of these individuals
and KU's administration remain uncontroverted. The judge merely ruled
that their actions were legally inconsequential. I have appealed the
decision. Currently, three other cases against KU are under appeal.
All
faculty members at KU should be worried about this decision and the
recent others that have weakened protections for faculty on this
campus. My tenure review was tainted by Jimmy Gentry, who withheld
materials from the external reviewers and then, along with Professor
Rick Musser, lied to the University by writing that I had not met the
J-School's very low standards for tenure. Only under oath did Gentry
finally admit that I had met those standards. And my case was only one
of many that have revealed deliberate misconduct by KU chairs and deans
and widespread violations of due process and AAUP standards for tenure
review. If KU defends, and their faithful alumni on the federal bench
condone, this kind of behavior, no KU faculty members can rely on AAUP
standards or the rule of law to protect them. KU stands proudly as the
polar opposite of the courageous and progressive civil rights
leadership currently being shown by the University of Michigan.
I'm
proud to join the swelling ranks of those who have fought for all of
our rights against a very strong headwind in this federal district and
circuit. Twenty years ago, two tenured female faculty members, who were
attacked for raising salary equity issues and then terminated, sued KU
and the former KU administrator who now just happens to be the chief
judge of this federal circuit, Deanell Reece Tacha. Their case was
dismissed after Tacha was appointed to the court. In the eight years of
Robert Hemenway's tenure, KU has faced more than 40 civil rights
lawsuits in this federal court and only three have survived to trial.
Three years ago, at long last, a jury in federal court found KU liable
for illegal retaliation in violation of federal civil rights law. But
then Tacha's appeals court threw out that verdict. No remedial action
has been taken as a result of the verdict or the many other cases.
Oh,
and KU's costs, that the judge ordered me to pay, are around $3,500.
That's less than 10% of the average faculty salary at KU. It's a small
price to pay to help stop these abuses.
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