WEDNESDAY,JUNE4,2003
NEWS
THE UNIVERSITY DAILY KANSAN - 9
COURT
Deans vindicated; suit is thrown out
By Jennifer Wellington jwellington@kansan.com Kansan staff writer
A federal court judge dismissed a lawsuit May 9 against James Gentry, dean of journalism, and Myron "Michael" A. Kautsch, former journalism dean.
The lawsuit, brought by former journalism faculty member Michael Cuenca, alleged discrimination of race and national origin when Cuenca was denied tenure in 2000. Cuenca worked for the University from 1994 to 2001. He is Filipino and Hispanic.
Cuenca
"I think the ruling showed how totally weak his case was," journalism professor Ted Frederickson said.
U. S. District Judge Sam A. Crow found that Cuenca had failed to show any evidence that the University or the journalism deans "acted
with a discriminatory motive." Crow also ordered Cuenca to pay the university's costs for defending the lawsuit.
"We're pleased that the judge determined Cuenca's case is without merit," said Lynn Bretz, director of university relations. "The University felt from the beginning that the case had no merit and that the University and its administrators treated Mr. Cuenca in a fair and equitable manner without retaliation or regard to his race or national origin."
Cuenca's lawsuit also alleged that an article published in The University Daily Kansan by Frederickson constituted racial harassment.
At the time of Cuenca's employment, Frederickson was chairman of the news and information sequence in the School of Journalism.
Fredrickson's article refuted Cuenca's racism claims and spoke to Cuenca missing classes he was supposed to be teaching. The article also called into question a decision by Cuenca to cancel class and send his newspaper design class to a trial involving a discrimination lawsuit against one of his friends.
"None of the language used in the article is racially derogatory," Crow wrote in his ruling.
Gentry said he was pleased with the court's decision.
"It was obvious from the start that the
EVENTS SURROUNDING CUENCA CASE
August 1994 — Cuenca joined the University as an assistant professor of visual communications.
May 1996 — Kautsch gave Cuenca his second evaluation, which was lowered to "poor to adequate."
June 1995 Dean Kautsch gave Cuenca his first evaluation with a rating of "good."
June 1996 — Cuenca sent Kautsch a letter objecting to his evaluation, asking for an explanation of it and stating his intent to appeal. Kautsch's evaluation was maintained
July 1997 New journalism dean James Gentry notified the faculty of a New Media Leader position. Cuenca told Gentry he believed he had been hired to fill such a role. Gentry responded that he had not been informed of such, but Cuenca was welcome to apply for the position.
Fall 1997 — Cuenca applied for the position and was found to be qualified but he did not receive an interview. Three other candidates, all white males, received interviews. None of those candidates were selected and the position was dropped.
October 1998 --- Cuenca filed suit against Kautsch and Gentry, claiming race-based discrimination.
December 1999 — The school's committee on promotion and tenure notified the plaintiff that they had "voted overwhelmingly to deny" his tenure.
Feb. 25, 2000 The University Daily Kansan published a statement from Ted Fredrickson, chairman of the news and information sequence.
September 2000 — Cuanca requested a second review for promotion and tenure and asked that his notice of terminal appointment be rescinded. He went through the process again and was denied.
March 2000 - Cuenca received a letter stating that 2000-2001 would be his last year of employment.
allegations were without merit," he said. "So I'm pleased the court has dismissed the suit in summary judgment."
May 2003 — A U.S. district court judge dismissed all claims Cuenca filed.
Cuenca plans to appeal the court's decision.
In his official statement, Cuenca notes
SEE CUENCA ON PAGE 16