By Justin Muszynski
CCSU has settled a lawsuit in which they, along with President Jack Miller, were accused of gender discrimination.
Marsha Bednarski, Rathika Rajaravivarma and Barbara Nicholson were the plaintiffs in the lawsuit. They accused the university and Miller of denying them tenure or promotions based on their gender. Rajaravivarma also claimed her race came into play as well.
The plaintiffs also alleged that CCSU did not properly retain files that the American Association of University Professors union asked them to. The files that were to be preserved were in regards to all the 2005-2006 promotion and tenure information. The preliminary report, written by Judge Warren Eginton, claims that CCSU did not follow proper protocol in this matter.
“Despite their ability to control the preservation of documents, defendants failed to place a litigation hold over the portfolios or to instruct applicants to preserve the documents for potential litigation,” as stated in the preliminary report. “As a result, the portfolios were destroyed, lost or altered. Defendants’ conduct constitutes gross negligence or at least negligence.”
Associate Vice President of Marketing & Communications Mark McLaughlin was able to confirm that the state Board of Regents did okay the decision to settle in this particular lawsuit.
Bednarski and Nicholson claimed that they were unreasonably denied promotion in the academic year 2005-2006 from associate to full professor. President Miller denied both of their applications despite the Department Evaluation Committee, Dean Susan Pease and the Promotion and Tenure Committee recommending the plaintiffs.
Miller gave several reasons for his decision including Nicholson’s “student evaluations to be average” and her “teaching to be adequate but not very strong.” He also cited multiple reasons for Bednarski’s request being declined including “her teaching to be average at best” and “teaching evaluations that showed no evidence of excellence.”
Rajaravivarma, who applied for promotion and tenure, also received recommendations from the DEC, Dean Pease and the PTC. Miller did not however agree and declined her request citing “the quality of her work in the load credit category insufficient to justify tenure and promotion.”
After the plaintiff’s denials, the AAUP filed a grievance on behalf of them and one other female professor. Dean Pease was asked to review the portfolios and recommended promotion for Bednarski and Nicholson but not tenure or promotion for Rajaravivarma.
Miller reconsidered his prior decisions, he chose not to alter them except in the case of the other female professor who is not a member of the plaintiffs.
The CCSU Affirmative Action office conducted investigations into the plaintiffs’ discrimination accusations but did not find enough evidence to support their claims. However, Judge Eginton said otherwise in his report.
“In this instance, plaintiffs have satisfied their minimal burden to show prima facie case,” wrote Judge Eginton. “Plaintiffs have submitted statistical evidence that President Miller recommended significantly more male candidates for promotion than women; and evidence that he recommended for promotion and tenure certain Caucasian, male applicants who had not received favorable recommendation from the PTC or the relevant dean.”
Of the three plaintiffs, only Bednarski and Nicholson are still teaching at CCSU.
In the Judge Eginton’s conclusion in his report he denied the motion for summary judgement but however determined that the “spoliation of portfolio materials” was due to its content being unfavorable for the defendants.
