$4 million case against University
Affirmative action suit remains in first stages
By JOHN THOMAS
For the Emerald
University affirmative action
policies have been under fire pub
licly since the University’s own af
firmative action director, Myra Wil
lard, filed suit against the State
System of Higher Education and
University officials in July.
While many call University emp
loyment policies “affirmative inac
tion,” Willard herself isn’t talking
about the class-action suit or
about the state of affirmative ac
tion on campus.
“I would just prefer not to be
interviewed at this time,” she
says.
Her $4 million class-action suit
remains in the initial stages, and
no official dates have been set for
hearings or the trial itself.
Delay is due partly to a state law
requiring out-of-state counsel in
Oregon court cases to be rep
resented by Oregon counsel.
Willard’s San Francisco attor
ney, Curtis Oler, has not yet re
sponded to an order by a U.S. Dis
trict Court judge to meet that re
quirement. Following his com
pliance with the order, the Univer
sity could begin its initial attach on
Oler’s case.
But legal procedures threaten
to further postpone a trial, and the
case may not make it into court
this year.
Willard filed her $4 million
class-action suit against the state
system and the University, an in
stitution she says has deprived
people of their civil rights, on the
basis of sex and race.
Also named in the suit are Roy
Lieuallen, chancellor of the state
system; University Pres. William
Boyd; and University Vice Presi
dents Ray Hawk and Paul Olum,
both individually and in their offi
cial capacities.
The suit, which asks $2 million
for "mental distress” and another
$2 million for “punitive damages,”
may be the first of its kind in which
an affirmative action official has
filed suit against the employing in
stitution — and is bound to have
far-reaching repercussions.
If Willard wins, the court could
order the University to grant her
administrative tenure, and legally
block further instances of what
Willard is calling "harassment,
coercion, threats, and intimida
tion.”
Willard’s case, filed on her own
behalf and on behalf of anyone in
similar situations, stems from the
University’s refusal to grant her
tenure last June.
At that time, a five-member fa
culty review board examined
Willard’s performance and gave
what has been called “mixed re
views.” The board indicated, ac
cording to University procedure,
that Willard’s performance was
adequate but not exceptional.
Based on interviews, written '
opinions and other evaluative fac
tors, the board recommended that
Willard not be granted tenure but
be allowed to continue on a
"fixed-term” contract.
Prior to an official policy change
in 1975, administrators were hired
with the possibility of gaining te
nure after five years.
Because Willard was hired in
1973, she apparently had the op
tion of continuing on a tenure track
or switching to a fixed-term con
tract, renewable each year.
Willard’s suit charges that this
actually amounted to a threat, with
pressure to take the fixed-term,
limited contract or face termina
tion in a year, when her current
contract expired.
Another allegation is that the
University denied her tenure when
she did not respond to the pres
sure.
Both the University and the
State Board of Higher Education,
the suit contends, have failed to
comply with affirmative action
guidelines.
They also have discriminated
against women and minorities,
denied equal pay, training, promo
tions, tenure, transfers and job
classifications because of race,
sex, color or national origin , she
charges.
The defendants refuse to follow
affirmative action or implement
programs that would, according to
the suit.
The University has not yet offi
cially denied the charges.
Is Weaver taxpayers’ friend?
By KEVIN HARDEN
Of the Emerald
Norquist, associate Director of
the National Taxpayers’ Union,
says Weaver’s voting record may
be good in comparison to the rest
of Congress, but that doesn’t
make him the taxpayers’ buddy.
Incumbent Congressman Jim
Weaver, D-Ore.) may or may not
be the taxpayers' best friend.
Even Grover Norquist doesn’t
know for sure.
Questions about Weaver’s vot
ing record on fiscal matters were
raised last Tuesday during a de
bate between Weaver and Repub
lican challenger Jerry Lausmann.
Although Weaver had received a
favorable rating from the NTU,
Lausmann said Weaver was part
of a "big spending Congress" and
couldn't change his image.
Norquist, who was in Portland
last week to campaign for
Oregon's Ballot Measure 6, says
Lausmann may be right about
Weaver’s image, but not about
Weaver’s voting record.
"For Mr. Weaver to say that he
is better than average on fiscal
matters is a fair statement,” Nor
quist says. "But for him to say he
has been the taxpayer’s friend
would not be right."
Weaver was rated by the NTU
in the top 23 percent of Congress
on votes that dealt with spending
taxpayer’s money. That rating is
considered good, but not good
enough, Norquist says.
“That’s good for one con
gressman, but all of Congress
has been bad about spending tax
dollars. So, just because he is
near the top of the heap does not
make him a friend of the tax
payer.”
The NTU rating is based on
overall voting on appropriations
bills in the latest session of con
gress. Out of 100jpoints possible,
Weaver received 43 points,
which puts him above most of
Congress, but below NTU expec
tations, Norquist says.
Although Lausmann claims
Weaver used the NTU rating as a
deception, the squabble over who
is right has Norquist “over a bar
rel."
“As an individual and as a
member of the NTU, I can't en
dorse either candidate," he says.
“But both candidates are taking
what I said and are using it for their
own purposes."
During last week’s debate,
Lausmann said he had spoken to
Norquist about Weaver's NTU rat
ing and voting record. Norquist
says he spoke with Libertarian
Party of Oregon leader Tonie
Nathan and not Lausmann.
Norquist says Nathan, who has
since endorsed Lausmann in the
election, called the NTU Washing
ton, D C. office and asked about
the rating. During the conversa
tion, Norquist said Weaver’s re
cord didn’t make him a taxpayer’s
friend, but it was a good rating for
a congressman,
Lausmann told the debate au
dience that Weaver’s use of the
NTU rating in his campaign was
not correct. Weaver countered
with a telegram sent by Norquist
that confirmed the NTU rating and
said efforts to tell voters otherwise
were “deliberately misleading.”
Norquist, however, says the
two-sentence telegram was only
sent to clear up the NTU rating
confusion. The last sentence of
the telegram, which said efforts to
paint Weaver as a wild spender
were misleading, was not au
thorized.
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University affirmative action director Myra Willard, who began
legal proceedings in July
State governor’s chair
will cost over $1 million
SALEM (AP) — The race bet
ween Gov. Bob Straub and Re
publican state Sen. Victor Atiyeh
has become the most expensive
political battle in Oregon history
with total spending nearing $1 mill
ion.
Reports filed Tuesday with the
state Elections Division show the
gubernatorial contenders have
spent a total of $977,000, includ
ing outlays in the May primary
election.
And their overall spending ap
pears certain to exceed $1 million
before Tuesday's general elec
tion.
Atiyeh had spent $431,000 on
the general election as of last
Thursday to $260,000 for Straub,
a Democrat seeking a second
term.
Atiyeh estimated he would
spend another $100,000 in the
last 12 days prior to the election.
(Continued on Page 11 A)
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