Affirmative action keeps eye
on charges of discrimination
By Joan Nyland
Of ttw Emerald
"Discrimination may be as overt as: You're
too old to go to graduate school or math is not for
women, or as subtle as: Making racist jokes in
class and never calling on physically-disabled
students." But these are the type of complaints
the University’s Office of Affirmative Action has
had to handle in the past
Students, staff and University employees can
consult the office if they are, or believe they have
been, discriminated against because of race,
color, maritial status, sex, national origin, handi
cap, age, religion and veteran status
"If students don’t get fair and equal treat
ment, this is the office they should come to,” says
director Norma "Bean" McFadden Students who
feel they have been discriminated against should
contact Jodi Leslie, formerly the Equal Education
Specialist. Presently, this half-time graduate
teaching position is open
McFadden has noted an increase in the
number of grievances reported to her office in the
past year She expects this is because of budget
reductions which involve employment
procedures
Affirmative Action solves most of their cases
informally There is no obligation for victims of
discrimination to file a complaint, though the
office will help them process the official University
grievance
"We do our very very best to respect people s
privacy,” McFadden says of those who consult
her office
The University will be enacting formal rules
this fall regarding nepotism and sexual harass
ment McFadden notes that her office has been
effectively using the proposed rules for three
years
The Office of Affirmative Action is located in
room 472 Oregon Hall, 686-3123.
Penk case enters second year
One — or rather many — sex
discrimination grievances at
Oregon colleges and universi
| ties over the years has turned
into a class action suit against
the State Board of Higher
Education.
The class action suit, Anna
Penk et al v The Oregon State
Board ot Higher Education, al
leges the state system dis
criminates in matters of pay,
promotion, and tenure against
female faculty The suit is in its
second year of litigation and a
trial date has not been set
Earlier this summer, a similar
suit involving six women at
Western Oregon State College
was awarded to the plaintiffs
U S. District Judge Helen Frye
„ gave the women twice the ac
tual damages requested’. saying
the college administration did
’*> not act in good faith on the sex
discrimination issue The state
has filed an appeal on the case,
saysTSoiicitor General Bill Gary
Information used in the
WOSC decision also applies to
certain members of the pending
class action suit. Judge Frye
has indicated that the evidence
supports the plaintiffs' case
The defendents have filed a 50
plus page memo on the problem
with her order, according to
Gary
The state is presently motion
ing to have Judge Frye removed
on grounds of impartiality The
state argues that one of Frye's
law clerks has worked for the
plaintiff's attorney, Portland at
torney Don Willner
"I would challenge (the Attor
ney General's office) to find a
more impartial judge,” says
OSU professor Margaret Lump
kin, plaintiff and president for
Faculty Women for Equity, the
group representing the class
"How can you say the next
judge, because he's a mart,
won’t be impartial," Lumpkin
adds
Presently, U S District Court
Judge James Burns will be
deciding the motion for recusal
of Judge Frye so that “Judge
Frye or whoever hears the
case," says Burns, can rule on
the delayed motions still pend
ing in the Penk case
“The same thing at WOSC
seems to pervade the state sys
tem,” says Hilda Young, direc
tor of the office of veterans'
affairs and special projects and
representative of the University
at some Faculty Women for
Equity meetings Young says
the women are still pursuing the
suit "with vigor” and hopes it
will settle the issue once and for
all “It's the idea that you
should be obeying the laws
not avoiding them,” Young
says
“My interest is in seeing jus
tice prevails," says Jerry Casby,
assistant attorney general, “I
haven't seen anything in the
case of the other side which
convinces me they should win."
Presently, both sides in the
case have compromised to ex
clude women in the Chancel
lor's Office from the case. Other
definitions of the class of plain
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