Law Professor Alleges Discrimination at Texas Tech University

Lubbock Avalanche-Journal ^ | 11-14-02 | Kitchen, Sebastian

[Theodore R.]

Tech deals with discrimination claim I ndependent investigator examines allegations by 11-year law professor

By SEBASTIAN KITCHEN AVALANCHE-JOURNAL

An independent investigator was at Texas Tech on Wednesday to explore allegations of discrimination made by law professor Daisy Floyd against university officials, including Tech President David Schmidly.

Floyd said she wants Tech to acknowledge a pattern of discrimination, address the situation and improve it. At issue is the hiring of an interim dean of the school of law and a disparaging comment about women alleg edly made by Schmidly.

Schmidly denied making the re mark. He and Chancellor David Smith also denied Wednesday that Tech employs bias against people, saying the process of selecting interim law school dean Jim Eissinger, a white male, was not discriminatory.

Floyd, a former associate dean in her 11th year as a full-time law professor, said she met with the independent investigator, brought in by current dean Walter Huffman, for about three and a half hours Wednesday.

Some law school students have scheduled a Walk for Diversity at 10:30 a.m. today to illuminate claims of discrimination.

"I think it's important people understand this is about the overall record and not about me," Floyd said. "The students have been very clear about that — that it's a march in favor of more diversity, greater diversity. They've done their research, looked at the pattern and want to take action to work toward change."

Floyd has not filed a lawsuit against Tech and said she does not know if she will. Her attorney, Mark Perlmutter, has filed a charge with the Texas Human Rights Commis sion.

Floyd and Perlmutter said they believe Tech was discriminatory in hiring an interim law school dean. University officials, they said, retaliated against Floyd when she spoke out against the appointment process and Schmidly's al leged comments, resulting in a temporary reduction in pay.

Floyd is not seeking personal gain but wants Tech to "acknowledge a problem with discrimination and seek ways to address it," Perlmutter said.

According to Floyd, Perl mutter and an affidavit from former law school Dean Frank Newton, Schmidly told Newton on Nov. 26, 2001, that he would not hire a "mere educator or a woman" to be dean. He then used a derogatory word when referring to women as he and Newton were leaving the dean's office, Newton's affidavit said. Newton met with Schmidly after tendering his resignation.

In the same affidavit, New ton said he was "haunted" by the possibility that he had misheard Schmidly. Still, the affidavit said, "President Schmidly said my recollection of the comment was a lie. I responded that I reported what I heard."

On Wednesday, Schmidly adamantly denied the accusations. He called them hurtful and said "people who know me and know me well know I'm not a bigot."

He denied making the comments and said he did not threaten or retaliate against Floyd.

"When a source attacks your character and integrity, all you can do is tell the truth," he said.

Both sides have the same goal of increasing diversity, Schmidly said.

False or misunderstood state ments were used maliciously, said Schmidly, who expressed puzzlement that Newton would share comments if uncertain about what he had heard.

Floyd was never mentioned by Newton as a prospect for dean, interim dean or as a member of the dean search committee, Schmidly said. He said he first became aware of Floyd's complaints during a board meeting Dec. 14.

"The provost and my chief of staff pull me out of this meeting and tell me about the horrible events at the law school," Schmidly said. "That is the first time Daisy Floyd was ever on my radar screen."

Floyd maintains that after she raised concerns about discrimination in the appointment process, she felt threatened by Schmidly during a meeting in his office with his staff and other female faculty members. In addition, she said, her salary was reduced without notification.

Schmidly admitted that he was angry but said he did not threaten anyone at the meeting.

Schmidly, Smith and Tech General Counsel Pat Campbell said the reduction in pay coincided with Floyd's change in duties and was a clerical error. Floyd resigned as associate dean, the second-highest position in the law school administration, after she became convinced that the search process was discriminatory.

Campbell said the pay situation has been remedied and does not know why it remains an issue.

Perlmutter wants Tech to acknowledge a problem with discrimination before he discusses related issues with university officials.

Campbell refuses to make such an admission.

"I have told her attorney on numerous occasions I am not going to admit to something that is a fault as a predicate to sit down and talk to him," Campbell said. "He said there is a collaborative problem of widespread discrimination. I don't think there is widespread discrimination. I have seen things get much better than in the past. David Schmidly has harped on that."

Nevertheless, Floyd and Perlmutter insist that the selection of a white male to head the law school was a foregone conclusion even before former Provost John Burns told the faculty on Nov. 20, 2001, that the job was open to any qualified candidate.

Schmidly said Tech lacked a designated process for hiring a dean or appointing an interim dean. Burns, he said, "didn't follow through exactly" on the process outlined to the faculty.

Still, Campbell and Smith said they found no evidence of wrongdoing, and Smith said the accusations against Tech and Schmidly are based "on hearsay at best."

Perlmutter countered: "I wonder how they can say that there's nothing wrong when Provost John Burns tells the law school faculty on Nov. 20, 2001, that the interim dean's job is open to any qualified nominee when his own secret memo to President Schmidly on the very next day now reveals that they had already selected a white male before the operations were even closed."

skitchen@lubbockonline.com 766-8753

[Bikers4Bush]

If the white male was qualified I don't understand the problem. Unless of course he's not qualified BECAUSE he's a white male.