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Category: California Employment Law
Satisfied Customers: 933
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Refusal of Univ of Calif, Irvine Summer Sessions teaching assignments

Customer Question

Refusal of Univ of Calif, Irvine Summer Sessions teaching assignments (2009 & 2011) to Professor Myers, a full professor (31 years) responsible for Sculpture and Ceramic Sculpture programs. Both in 2009 & 2011, following 5 unanswered written requests each year from Prof Myers, the Dept Chair selected an inexperienced staff member (non-academic lab tech) in the place of Professor Myers to teach Summer Sessions 2009 & 2011. Specific and only rationale:
"The priority is given to staff members that do not work during the Summer, in order to secure them an income."
-Chair Miles Clay Coolidge

Staff are hired on a 10 month salary basis, while most faculty, including Prof Myers, are hired on a 9 month salary basis.
The hire was strictly a personal one and in no way based on a professional, academic or experience level.

"The academic qualifications for instructors of summer courses should be no different than those of the Fall, Winter and Spring quarter courses. The University of California considers the Summer Sessions courses to be the equivalent of a fourth quarter, with " the same academic caliber and quality as in the regular academic year."
-Executive Vice Chancellor Michael Gottfredson responding to Prof Myers in front of the School of the Arts.

"As a matter of academic policy, this seems unsound (the hiring of an inexperienced staff member, non-academic lab tech). Such decisions should be made primarily on an educational basis. Solely on that rationale, "in order to secure them an income," an institution could justify hiring completely unqualified people to teach its students."
-Gregory Scholtz
Director
Department of Academic Freedom, Tenure and Governance
American Association of University Professors AAUP

AAUP can only file briefs as Friend of the Court.Faculty have no union. My requests for meetings/mediation have been refused/no responses by Chair, Dean, Vice Chancellor, Office of Equal Opportunity, Whistleblower, Human Resources and more. The only response has been, "it is the Chair's prerogative." My belief is that this is an issue of labor law, fairness, individual and civil rights in hiring, regardless of the procedure being within the university. I have requested of the University Chief Counsel remuneration of my salary for the 2 summers employment, $33,000 per and 10% per annum. I have not heard anything for 6 weeks.
***************************************************
During 5 days that I was off campus, my office of 30 years was emptied of all my personal property including my artwork, documented value $23,500. The same staff member and his staff supervisor eventually admitted to the actions but claimed they were just cleaning the sculpture area. During the police investigation the supervisor gave a statement to the police investigator, which was included in the police report, " She had filed a Sexual Harassment Lawsuit against Prof Myers and he was trying to retaliate." The staff supervisor continued that "she had initiated appropriate actions against Prof. Myers."
There is absolutely no truth to this statement of sexual harassment lawsuit and I pointed this out, in writing, to the Chair, Dean, Vice Chancellor, Equal Opportunity, Human Resources/Labor and Employee Relations and to the Univ of Calif Irvine Chief of Police, who had put forward the police report to the D.A.
Understandably, considering the content as described, the report was returned to the police. SAY WHAT?
Submitted: 3 years ago.
Category: California Employment Law
Expert:  socrateaser replied 3 years ago.
Hello,

What legal question can I "justanswer" for you?
Customer: replied 3 years ago.
I believe each case is presented and the question is...is there a legal case there and what angles and details should be considered.
1.
Do I have "a leg to stand on," given the information above, to pursue my lost salaries, through litigation if necessary, due to the privileging of an inexperienced staff member over a full professor for an academic employment position? Can someone really hire whoever they want for a job position, regardless of qualifications? Is this an issue of labor law, fairness, individual and civil rights in hiring?
--------------------------------------------------------------------------------------
2.
Do I have a legal position to take against an individual giving false and damaging information to a police investigation, "She had filed a Sexual Harassment Lawsuit against Prof Myers?" The same statement was made and documented, to students and staff (slander?) The statement biased my case against her and the other staff member who had stolen everything from my office.
Expert:  socrateaser replied 3 years ago.
Thanks. Due to time constraints I am going to reopen this question to other experts. I have a very early morning scheduled and I need to get to sleep.

Please don't respond to this note. It will prevent other experts from getting involved. Also, if no one responds within the next 24 hours, then you may want to click the "Relist" button, because sometimes the questions get lost.

Best of luck.
Customer: replied 3 years ago.
WHAT HAS BECOME OF MY justANSWER ANSWER???
Customer: replied 3 years ago.
WHAT HAS BECOME OF MY justANSWER ANSWER???
Expert:  socrateaser replied 3 years ago.
Hello.

I'm sorry that no one responded to your question. Please consider clicking the "Relist" button. Or, if you would rather, you can request a refund from customer service.

Thanks and good luck.

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