Tuesday, September 5, 2000
The University Daily Kansan
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Section A · Page 3
Assistant professor files discrimination complaints
By Kursten Phelps
writer@kanson.com
Kanson staff writer
An assistant professor of journalism, who filed a motion in June to dismiss his discrimination lawsuit against the University of Kansas, has filed complaints with two federal agencies that regulate equal opportunity employment and affirmative action.
Mike Cuenca said he requested the discrimination lawsuit be dismissed so that his complaints filed with the Equal Employment Opportunity Commission and the Office of Federal Contract
Compliance Programs could be settled.
Cuenca's lawsuit, filed in U.S. District Court in April 1999, said that the University discriminated against him and denied him promotions because he is Filipino American. It also claimed the University retaliated against him when he complained about discrimination. Cuenca was denied tenure during the spring semester.
Rose Marino, associate general counsel for the University, confirmed that the University had simultaneously filed a motion to either continue the lawsuit or to dismiss it without the option of
"To have a lawsuit go on for a year and a half or a couple of years causes the expense and effort of a lot of people," Marino said. "It would be better if the matter is decided once and for all. It would be better to come to a final resolution and not have to start all over again."
refiling.
Pending the court's decision, Cuenca said that he planned to refile the lawsuit but that he wasn't sure when.
Cuenca now is waiting to hear what the EEOC and the OCCP discover in their investigations of the University. The St. Louis office of
the Equal Opportunity Commission issued an official charge Aug. 14 based on Cuenca's complaint of tenure denial and retaliation.
Cuenca's complaint filed with the Office of Federal Contract Compliance Programs said that his civil rights and his rights guaranteed under Executive Order 11246 were violated. The executive order prohibits agencies that receive more than $10,000 in federal money from discriminating based on race, color, religion, sex or national origin in employment decisions. The order also requires such agencies to develop and execute an affirmative
action plan.
Complaints also were filed by Ray Plierotti, assistant professor of ecology and evolutionary biology; John O'Brien, professor of ecology and evolutionary biology; and Cynthia Annett, former assistant professor of ecology and evolutionary biology.
"I sent the letter to the OCPCC to bring this mess to an end," Cuenca said. "It's now pretty obvious what many of us have gone through. The University is continuing to fight against the reality of the situation, denying it and silencing people. That's why we wanted to bring in outside agencies to deal with it."
Cuenca's letter said the University was found to be in violation of several aspects of the executive order in a 1994 audit.
Maurice Bryan, director of the University's Office of Equal Opportunity, would not verify whether the University was found in violation. He said he was aware of the complaint Cuenca filed.
"Part of the the University's affirmative action program is the existence of this office." Bryan said. "We are involved in the search for faculty and classified staff and recruitment and deal with complaints."
Edited by Amy Randolph
City Commission meeting, 6:45 p.m.today at City Hall, 6 E. 6th St.
The City Commission at tonight's meeting will review a proposal to reduce the number of unrelated people that can live in households in single-family neighborhoods. The proposed change would reduce the number from four to two.
Any proposal recommended by the commission must go to the planning commission for consideration before being referred back to the City Commission for final action.
There are two proposals on the docket. One proposal, drafted by the neighborhoods, would phase in the change during a three-year period. The other proposal, drafted by city staff, would phase in the change at nonconforming properties when the current leases expire.
The Masters of Public
Administration program will conduct the 2000 Lawrence Citizen Survey, the fifth survey the program has conducted since 1992.
The survey includes a battery of standard questions and specific policy questions about how Lawrence residents view their communities and government. It is part of a quantitative analysis course, and the survey is contracted to the Survey Research Lab.
The program is asking the city to pay the expense of collecting the data, estimated at between $3,000 and $5,000.
The survey will be conducted next month, and preliminary results will be ready by early December.
Matt Merkel-Hess
The Rev. Kenneth Kothe, Emporia, rides through campus Friday to promote his and David Racer's new book, Caged Bird. Kothe and Racer spoke about their book, which tries to prove the innocence an Emporia pastor who was convicted of killing his wife in 1983. Photo by Nick Krug/KANSAN
Book calls for pastor's release
By Melissa Davis
writer@kansan.com
Kansan staff writer
Seventeen years ago, pastor Thomas Bird was convicted of killing his wife in Emporia. Now, two men are fighting for his release from prison.
David Racer and the Rev. Kenneth Kothe stopped Friday in Lawrence on a Kansas tour to promote their book Caged Bird. The book attempts to prove Bird's innocence by talking about the trial and the politics involved in the case.
On July 17, 1983, the body of Sandra Bird, Thomas Bird's wife, was found in a ditch near the Rocky Ford Bridge outside Emporia. Police did not suspect foul play at first. But four months later, the body of Bird's secretary's husband, Marty Anderson, was found with three gunshot wounds to the head. After the second death, accusations started to fly, and fingers were pointed at Bird.
Kothe, who went to seminary school with Bird, asked Racer to write the book. As the book developed, Racer also became close to Bird. The two men hope their book will raise awareness and help free their friend, who they think was wrongly convicted.
Racer and Kothe both believe that town gossip convicted Bird. They said there were rumors that Bird and his secretary were having an affair and wanted their spouses out of the picture.
"It wasn't until Marty was murdered [that] people started talking that Sandy had been murdered as well." Racer said.
The book came out last week and has received mixed reviews from the Emporia community.
Jody Bryant, a member of Faith Lutheran Church where Bird was pastor, said she bought a copy of the book but couldn't finish it.
"I was halfway through it, but I had to put it down because I started to have bad dreams," she said.
Bryant was a witness at the trial and thinks Bird is innocent.
"If he wasn't innocent and just pled guilty he would be paroled by now, but he has a covenant with God," Bryant said. "If he was lying, he would lose his soul."
Norton Ritter, a pastor at First United Methodist Church in Emporia, said he thought that most of the Emporia community thought that Bird was rightfully imprisoned.
Both Ritter and Bryant said it would be interesting to know the truth.
"It would be nice to see this case resolved, but I don't see a solution in the near future." Bryant said.
Reverend Kothe's stop in Lawrence was the last on his 450-mile bicycle tour through Kansas. Racer also appeared in some locations to speak.
Bird is up for parole in November and is serving his 16th year at Lansing Correctional Facility.
- Edited by Casey Franklin
'Smart' alarms find problems other than fire
Continued from page 1A
Hoor plan showing where the alarm is going off, which Rombach said was a key component.
"In an old, dumb system, a fireman would have to search the building," Rombach said. "With a smart system, a fireman would know it's on the east side of Strong Hall and exactly where it was."
Rombach said the smart alarms also sensed dirty smoke detectors or other problems without sending an alarm.
"If a spider or dirt or something gets into the detector, instead of failing or sounding, it sends off a trouble signal," Rombach said.
Severe weather warning chips also have been developed and are being installed as part of this project, which Rombach said was developed over a two-year period to assure the best quality.
"We delayed putting anything in while organizing to get the best system," he said. "It takes a lot of resources to put in system of this kind."
The public safety office still urges people to get out and call, whether the building has smart alarms or not.
"The only point to having the systems is to get the people out." said Sgt. Troy Mailen. "If they don't leave, it defeats the purpose."
Edited by Gleisson Abreu
"SMART" ALARMS
Allen Fieldhouse
These 15 campus buildings are equipped with "smart" fire alarms. Plans are in place to upgrade alarms in 14 other buildings.
Simons Center for Biosciences Research Facility
Budiq Hall
Watkins Memorial Health Center
Horejsi Family Athletic Center
Strong Hall Dyche Hall
Templin Hall/Visitors Center
Bales Organ Recital Hall
Spooner Hall
Malott Hall
Robinson Center
Hilltop Child Development Center
Solid Hardwood FUTONS $199
Steel Futon & Frame $139
816-421-5577
2001 Grand Ave.
Kansas City MO
(20th & Grant
Bunk
Futon
& Frame
$239
Abdiana
913-642-8500
8871 W. 95th St.
Overland Park
(95th & Antioch)
913-451-2552
7579 W. 119th St.
119th & Metcalf
(North of Super Target)
20th & Grand · 816.421.5577
Kansas Volleyball 2000
KU Students FREE with Student ID!
as Volleyball Home Opener! Kansas VS. Wichita State
Senior Amy Myatt
Wednesday,
September 6,2000
7 p.m.
Horejsi Athletic Center
Help cheer the Jayhawks
to their
1st victory at home in 2000!
WE WILL SEE YOU THERE!
KU Students FREE with Student IDI
Senior Sara Kidd