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St. Cloud State University
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SCSU may face lawsuit
By Regina Eckes
Published:
Monday, October 20, 2003
Last year's anti-Semitism lawsuit against SCSU may be water under the bridge, but a new lawsuit appears to be heading downstream, echoing allegations of discrimination of the university administration towards faculty members.
This time around, Richard Lewis and lawyer Marshall Tanick, of the law firm Mansfield, Tanick and Cohen, plan to file a lawsuit against SCSU based on age discrimination.
Lewis is in his late sixties and was recently reassigned as Dean of the College of Social Sciences to "coordinate special projects" for Provost Michael Spitzer, according to a written statement from President Roy Saigo. Tanick told University Chronicle that Lewis has not been given any reason as to why he was forced out of his position as dean.
Tanick also spoke of previous deans that were removed from office while in their sixties and were replaced by their assistants. However, in one case, an assistant who was also in his sixties ended up being passed over for the position as dean when his supervisor left. Tanick believes Lewis' situation reflects a pattern and practice of age discrimination that has occurred over the years in the administration.
Tanick said the university has not refuted the claims even though he has openly asserted that they will be suing for age discrimination.
"They have not said 'No you're wrong, we disagree with it,'" Tanick said. "There has been no dispute over our contention."
During his practice, Tanick said he only handles cases that deal with ageism and other forms of discrimination, and has noticed an increase of ageism cases coming through the system. He is also aware of the fact that SCSU has had problems with other discriminatory issues in the past, including the anti-Semitic lawsuit filed last year, which the university settled for over $1 million.
Lewis has been familiar with controversy in the university since he was named a perpetrator of anti-Semitism by former SCSU faculty member Arie Zmora. He said Lewis was the "mastermind" behind some of the firings of Jewish faculty in the history department and Zmora held him directly accountable for the removal of four individuals.
When asked if the former allegations against Lewis might have caused his removal as dean, Tanick said that would not be reasonable considering the university "strenuously refuted" those claims. The administration supported Lewis last year and, therefore, cannot use those allegations as cause to remove him from his position.
Tanick would not reveal if the lawsuit will be filed indefinitely, but he plans to pursue action promptly and swiftly in the near future.
"I said the Chicago Cubs definitely are going to the World Series so I can't say anything is definite," Tanick said. "But shortly and swiftly we will be filing papers claiming age discrimination under the federal and state age discrimination laws."
Lewis' best-case scenario would be his reinstatement as Dean of the College of Social Sciences. However, even if that happens, Tanick claims Lewis has suffered economic hardship because of his removal. He said there is a substantial difference between the salary and benefits of a dean as opposed to other administrative positions. It is likely Lewis will be asking for compensation, anywhere from $30-$50,000.
When asked about the probable lawsuit, the administration declined to comment and offered a written statement from President Roy Saigo. It stated Lewis' reassignment is in accordance with provisions 1.02 and 1.03 of the Personnel Plan for MnSCU Administrators. The provisions deal with the assignment and reassignment of administrative positions. The statement also said Lewis will return to his "former position as a member of the faculty of the Department of History" beginning spring semester. Currently, Carol Williams will serve as acting Dean of the College of Social Sciences until the search for an interim dean is finished.
Lewis also declined to make any statements regarding the situation saying he believes Tanick will provide the appropriate information to interested parties. Tanick said he realizes that this case may not move along quickly, but has every reason to believe they will be successful in the end.
"I never take a case unless I'm confident I'll win," Tanick said.
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