Lawsuit blasts Xavier officials
Finch and Michels call de Silva’s tenure as chair “autocratic, arbitrary and capricious”
Patrick Stevenson
Editor-in-Chief
A lawsuit filed by Dr. Tara Michels and Dr. Miriam Finch last week in U.S. District Court accuses Dr. Indrawansa de Silva of executing “a campaign to marginalize and discriminate against women in Communication Arts.”
Finch and Michels’ initial filing claims that they “were treated differently than their male colleagues in pay, terms, conditions and privileges of their employment at Xavier.”
However, legal experts contacted by the Newswire think that the damages (over $20 million) the plaintiffs are asking for are inflated.
“Since the plaintiffs are asking that Xavier be barred from hiring replacements for them, the plaintiffs are probably are trying to force Xavier to guarantee their positions, along with securing back pay,” said George Reul, an attorney specializing in employment law at the law firm of Freking & Betz in Cincinnati who was contacted by the Newswire to provide legal analysis of this case.
Reul says this case may not go to trial.
“The vast majority of these kinds of cases are resolved without a jury trial,” said Reul.
Reul also doubts that the $20 million number has much significance.
“I think that amount is just an attention grabber, it is hard to put an exact dollar amount on damages sought,” said Reul. “I doubt anyone is getting $20 million from this lawsuit.”
Finch and Michels allege that when they brought their concerns to Dr. Janice Walker, Dean of the College of Arts and Sciences in the 2006-07 academic year Walker told Finch and Michels “that they were not being discriminated against, and that the problem in the department was them.”
While many of the accusations in the lawsuit seem damning, Reul cautioned against drawing any conclusions too soon, reminding observers that only one side of the story has been told thus far.
“This case has just started, Xavier hasn’t even had a chance to file their answer to the charges yet,” said Reul.
The lawsuit alleges that later that year, Dr. Roger Fortin, Academic Vice President and Provost, “ordered Finch and Michels to his office where he told them that the problems of the department were all their fault and that he believed that they were not being discriminated against. He told them that if they persisted in making such claims he would see to it that they were subject to further discipline.”
Both Walker and Fortin declined to respond to these charges, citing Xavier’s policy on not commenting on pending litigation.
Michels also accuses Walker of appointing a biased committee to review her application for promotion in October 2007.
Two committee members were particularly objectionable to Michels: Dr. Norman Finkelstein, a professor in the English department “known for his sexist views,” and Dr. William Hagerty, a professor in the Communication Arts department, who “made prejudicial and discriminatory arguments not involving the department criteria for promotion in an attempt to sway the committee members’ opinions against Professor Michels’ promotion.”
In what appears to have been the action that triggered the lawsuit, Finch and Michels allege that on Nov. 17, 2007, Fortin suspended Finch and Michels’ promotion process, and then “wrote to Finch and Michels that he was asking the university Hearing Committee to dismiss them from the university.”
The lawsuit alleges that “it was unclear what [Fortin’s] reasons were, but, upon knowledge and belief, it appeared that he was retaliating against the two tenured women for their discrimination claims relating to gender and Professor de Silva, and their continued presence as tenured women faculty in de Silva’s department.”
The initial court proceedings, a case management conference with Judge Steven Martin in the Hamilton County Court of Common Pleas, have been postponed until Jan. 28 at 1:30 p.m.
What about us?
Students concerned lawsuit may hurt academic experience
Patrick Stevenson
Editor-in-Chief
Students in the communication arts department are very concerned about how the legal battle between several members of the communications department might affect their education.
“I have two classes scheduled with Dr. Michels next semester as well as one with Dr. de Silva. I am afraid that a long process of litigation will impede on the ability of my professors to complete the terms of their contract and has the possibility of a change of instructor part of the way through the semester, which is unacceptable to me,” said Steve Newsome, a junior communications major.
“I believe the people here that will be the most affected are not the faculty, but rather, the students,” said Pat Foley, a junior public relations major.
“I’m concerned that this lawsuit may affect the quality and diversity of courses offered in the communications department,” said a sophomore Communications major who spoke to the Newswire under condition of anonymity.
Several students wondered whether the Communication Arts department could provide a good atmosphere for learning with most of the faculty facing off in a contentious lawsuit.
“I don’t understand how de Silva, Hagerty, Wagner, Michels and Finch are going to be able to work together after this,” said a senior Communications major who requested anonymity.
Some students wondered if some of the parties involved should be placed on administrative leave while the lawsuit is resolved.
Newsome said that in his experience, parties involved in lawsuits such as this are placed on administrative leave.
“My question is, why is this case any different?” said Newsome.
“I believe that all parties named in this suit should take a leave of absence or resign for not only their best interests but also for Xavier’s best interest,” said Foley.
John LaFollette
Editor-in-Chief
Rachel Peters
Ann Tassone
Darren LaCour
Senior News Editors
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