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Tina: I am a professor at a public state university, who for…

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Tina: I am...

Tina: I am a professor at a public state university, who for more than twenty years have taken hundreds of students overseas, am a black male. 2012 I took some students to Europe, most of them female and all of them white. While there I confronted them for violating university policy. Rather than accept my authority, they communicated some accusations to the university. Without consulting me the university changed the tickets of some of them and returned to the USA leaving me with others. Back home the university investigated me twice on allegation harassment by those students and determined that I had done nothing wrong. The students filed a complaint against the university and me at the USA Department of Education office of Civil rights (OCR). The OCR also found that I have done nothing wrong. The students filed a law suit against the university and me at the state district court. The state attorney General's office defended both the university and me. The Judge gave a summary dismissal of the complaint. At the court trial, six university administrators (the provost, university equity officer, registrar, my department head and the directors of International studies and the university accountant filed affidavits all favorable to me. I felt exonerated. Suddenly the university came up with a complaint that the students claimed that I used poor judgment, though none of the so called poor judgment were true or violated university policies or professional standards, I have a permanent injunction preventing me from participating in any activities involving students off campus. Everybody involved with every aspect of this at the university is white. I am the only non-white person involved here. Is it reasonable for me to my feel that my civil rights are being violated?

Lawyer's Assistant: Because traffic laws vary from place to place, can you tell me what state this is in?

Minnesota

Lawyer's Assistant: Has anything been filed or reported?

I reported to the EEOC and Minnesota Department of Civil rights. They both claimed that my complaint had come more than 90 days after the incidence therefore they could not process my complaint. My argument that the fact that I am still not able to do what my colleagues are able to do means that the discrimination is ongoing did not seem persuasive.

Submitted: 7 months ago.Category: Legal
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1/19/2018
Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,373
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 7 months ago

I'm sorry to hear about your situation. I can understand and respect the fact that you're the only person of color among those who are not. In my legal opinion, I believe that it is reasonable to think that you may discriminated against.

To clarify , this to me sounds like you would have a case of employment discrimination which is prohibited under state and federal law at 42 USC 2000e-2. The Equal Employment Opportunity Commission field office in your area will serve as the agency that would oversee the complaint, should you decide to file one. There are some basic processes that the EEOC files that I think you should be aware of, and I have listed them below:

The initial pre-complaint process can be found at 29 C.F.R. §1614.105. This is the process whereby you may bring this action to an Equal Employment Opportunity Counselor within usually 300 days. The Counselors must advise
individuals in writing of their rights and responsibilities, including the right to request a hearing after an investigation by the agency. The process may go through informal mediation wherein the employer and the employee try to come to a reasonable agreement. It’s voluntary and I highly recommend it in most cases.

Regardless, the EEO Counselor will issue a report based on their initial findings. Once the employee receives notice of the findings, they have 15 days to file a formal complaint.

The formal complaint process can be found at 29 C.F.R. §1614.106-108. Basically, the EEO will conduct a full investigation and come up with a Report of Investigation. The employee has the right to request an administrative hearing with an administrative judge after receiving the ROI or they may sue in a federal district court. Mediation is always still on the table. If the parties cannot mediate, then the parties will go through the administrative process or a federal civil proceedings and then the judge will issue a “Final Agency Decision” (for administrative hearings) or a ruling (for civil actions) If the employee doesn’t like the decision, then they can always appeal. A quick Google search will reveal your local EEO office so check that out.

What other questions did you have for me regarding this?

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