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Plaintiff,
v.
MICHAEL D. SHONROCK, PH.D.,
DAVID P. CORDLE, PH.D.,
GWEN ALEXANDER, PH.D.,
ANDREW J.M. SMITH, PH.D.
Defendants.
COMPLAINT
Plaintiff Rajesh Singh, Ph.D, through counsel Donald Peterson and Sean McGivern of
Withers, Gough, Pike, Pfaff & Peterson, LLC, states and alleges as follows for his cause of action
against Defendants Michael D. Shonrock, Ph.D., David P. Cordle, Ph.D., Gwen Alexander, Ph.D.,
and Andrew J.M. Smith, Ph.D., as follows:
JURISDICTION AND VENUE
1.
The Court has subject matter jurisdiction over this matter because the claims in this
Venue is proper in this Court because the acts and omissions complained of
4.
Plaintiff Rajesh Singh, Ph.D., is currently a resident of New York. His national
origin is East Indian, his race is Asian, and his skin color is brown. At all times relevant to the
Complaint, he was a resident of Emporia, Kansas and held the position of Assistant Professor in
the School of Library and Information Management (SLIM or SLIM Department) at Emporia
State University (ESU).
5.
Emporia State University will be joined to this lawsuit as a defendant after Dr.
Singh receives the right to sue letter he requested from the Equal Employment Opportunity
Commission.
6.
Defendant Gwen Alexander, Ph.D., is the Dean or the administrative head of the
SLIM department. She also served as Interim Provost for ESU during the 2012-2013 academic
year. She is Caucasian. The Dean of SLIM is the direct supervisor for SLIM faculty.
8.
Defendant Andrew Smith, Ph.D., is the Interim Associate Dean for SLIM and
second in command to Dean Alexander. He also served as Interim Dean for SLIM during the
2012-2013 academic year, thus directly supervising SLIM faculty during that time frame. He is
Caucasian.
9.
Defendant David Cordle, Ph.D., is the Provost of ESU, and presides over all
Caucasian.
11.
Drs. Alexander, Smith, Cordle, and Shonrock are all sued in their individual
Defendants sued in their individual capacities were residents of the State of Kansas
and employees of Emporia State University at the Emporia, Kansas, campus at all times relevant
to the Complaint. These individual Defendants were acting in the course and scope of their
employment when they took the actions set forth herein.
FACTS COMMON TO ALL CLAIMS
13.
Emporia State University (ESU) hired Dr. Singh as an assistant professor with
the School of Library and Information Management (SLIM or SLIM department) on June 2,
2009.
14.
On June 23, 2010, Dr. Singh met with Dean Alexander to discuss the possibility of
salary equity with Dr. Andrew Smith and Ms. Sheila O'Hare, who were two new hires for Fall
2010. They were no more qualified than Dr. Singh, yet they were hired for a 5% higher salary just
one year after Dr. Singh.
15.
Despite it being a reasonable and polite request, Dean Alexander became enraged
and behaved in a confrontational and unreasonable manner during the meeting. She refused to
consider pursuing salary equity for Dr. Singh.
16.
After this June 23, 2010 meeting, Dean Alexander began a campaign of character
Dean Alexander pitted other faculty against Dr. Singh by discussing the private
details of the June 23 2010 meeting with Dr. Smith, Ms. O'Hare and other faculty.
18.
Singh by removing him from committees, blocking opportunities through policy changes, and
otherwise abusing her power with the express purpose of damaging his work and reputation.
19.
Policy Manual, but then-Provost Mehring did not provide any remedy.
20.
he also approved Dean Alexander's recommendation of Andrew Smith as Interim Dean for SLIM,
putting Dr. Smith in a position of power over Dr. Singh.
21.
By this time, Dr. Singh had endured two year of discrimination and harassment that
On August 8, 2012, Dr. Singh met with President Shonrock to discuss his concerns
about Andrew Smith's new role and SLIM's dysfunctional and discriminatory management
23.
Dr. Shonrock immediately shut down the conversation by saying that he approved
Dr. Smith's appointment, and supported Dean Alexander's recommendation. He similarly shut
down any further conversation about the discrimination Dr. Singh was experiencing.
24.
Dr. Shonrock was not open to hearing anything that Dr. Singh had to say about his
experiences in SLIM, so Dr. Singh spoke to him about their mutual interest in management theories
for the remainder of the meeting.
25.
Pursuant to ESU policy and course of conduct, Dr. Singh received an evaluation at
the end of every calendar year for his work. The initial evaluation is conducted by a committee of
his peersthe Faculty Promotion Committee (FPC).
26.
The FPC makes a recommendation regarding whether ESU should renew Dr.
Singhs appointment. Dean Alexander then decides whether to adopt or disagree with the FPCs
recommendation.
27.
28.
FR or SLIM T&P) and ESUs Policy Manual, assistant professors are evaluated based on three
criteria: teaching, research (also known as scholarship), and service. Neither the SLIM FR nor
ESUs Policy Manual authorize review on any criteria outside of the three areas of teaching,
research, and service.
29.
During Dr. Singhs first full three years at ESU2010, 2011, and 2012he
received outstanding reviews. He was one of the highest rated teachers in the department and was
well published.
30.
"collegiality, called Additional Comments, in each evaluation letter, and Dean Alexander
included similar statements endorsing the FPCs collegiality comments in her evaluations.
31.
Despite Dr. Singh's requests to remove this section each year it was included, the
Each year, Dean Alexander affirmed the FPC's evaluations, including the
Most of Dr. Singh's responses protesting these "collegiality" sections were not
forwarded to the Provost by Dean Alexander and Dr. Smith as they should have been according to
SLIM policy. They do not exist in Dr. Singh's personnel file.
35.
In December 2011, Dr. Singh was evaluated by the FPC. The FPC found that Dr.
Singh was an excellent teacher, stating that he continues to receive good teaching evaluations
from students. The FPC further found that Dr. Singh demonstrates strength in research and
concluded that his service was adequate.
36.
In March 2012, Dean Alexander agreed with the FPCs assessment and commended
Dr. Singh for his teaching, service, and scholarship for 2011.
37.
In December 2012, Dr. Singh was again evaluated by the FPC. Again, Dr. Singh
received excellent teaching scores from his students and the FPC commended him for his work in
changing classes in an effort to improve as a teacher. The FPC also found that Dr. Singh
continued to demonstrate strength in research and praised his service on SLIM committees.
38.
In March 2013, Interim SLIM Dean Andrew Smith adopted the FPCs finding and
In October 2013, Dean Alexander and Dr. Singh had dinner together at a
conference. Before the dinner, Dean Alexander told Dr. Singh that he had everything he needed
to achieve tenure. On previous occasions, Dean Alexander had praised Dr. Singh and encouraged
him to apply for early tenure.
41.
One month later, in November 2013, the FPC arbitrarily determined that Dr. Singh
should be fired in order to prevent him from obtaining tenure. Dr. Singh would have been required
to apply for tenure beginning in the 2014-2015 academic year.
42.
Dr. Singh received nearly identical high objective teaching scores from students in
2013 that he received in 2012, 2011, and 2010. Despite the high objective teaching scores the FPC
subjectively and arbitrarily chastised Dr. Singh for engaging in too much group work and accused
Dr. Singh of both (1) failing to make course changes in response to student comments and (2)
making changes to a course because he allegedly did not discuss these changes with the SLIM
faculty. Ironically, in 2012, the FPC praised Dr. Singh for the exact same actionmaking
changes to his classes.
43.
In 2012, the FPC commended Dr. Singh for his research and Interim Dean Smith
encouraged him to continue to publish in peer reviewed journals. In 2013, Dr. Singh published
two articles in peer reviewed journals. But the FPCs 2013 review concludes that Dr. Singhs
research was not progressing on an appropriate path and provides no explanation in support of
its conclusion. The 2013 review is vast departure from the 2012 review and lacks a factual basis.
44.
journal aimed at library and information professionals. Both the FPC and Dean Smith concluded
in 2012 that Dr. Singh showed strength in research. In 2013, Dr. Singh published two publications
in peer reviewed journals. Despite outperforming his earlier excellent work, the FPC concluded
that Dr. Singhs research was failing.
45.
In January of 2013, Dr. Smith and Dr. Alexander (then Interim Provost and Interim
Dean, respectively), met with Dr. Singh to discuss his annual evaluation and behaved in a very
threatening and confrontational manner, specifically bringing up Dr. Singhs cultural background
in a negative light.
46.
Each of Dr. Singhs evaluations, beginning in 2011 and continuing through 2013,
contained a collegiality section. In each section, the FPC complained that Dr. Singh was quiet
during meetings and insinuated that he didnt get along with his colleagues.
47.
Not once does the FPC identify a single action or comment from Dr. Singh that was
unprofessional or not collegial. Dr. Singh was at all times collegial and professional.
48.
The FPCs use of collegiality as a review criterion is impermissible under both the
The American Association of University Professors (AAUP) warns that that the
use of collegiality as a distinct evaluation criterion for professors is fraught with dangers. The
AAUP states: collegiality has not infrequently been associated with ensuring homogeneity, and
hence with practices that exclude persons on the basis of their difference from a perceived norm.
50.
ESU specifically endorses the AAUP organization in the ESU Policy Manual, and
The FPC uses collegiality as a pretext for discrimination. When the FPC alleges Dr.
Singh is not collegial they are criticizing him for not being white.
52.
SLIM treated Dr. Andrew Smith, a white professor and also a foreign national,
more favorably than Dr. Singh. Dr. Smith was hired a year after Dr. Singh at a higher salary and
was given 2 years credit toward tenure despite the fact that Dr. Smith did not have the tenure-track
experience required by the ESU Policy Manual for this credit, nor did he have masters degree in
library science.
53.
Dr. Smith also was hired a year after Dr. Singh for a 5% higher salary, and had a
At times, Dr. Smiths total salary (base salary plus other earnings) was as much as
Based on information and belief, Dr. Singhs teaching scores are higher than Dr.
Dr. Singhs publication and research history exceeds Dr. Smiths publication
For example, Dr. Singh has more than three times the number of peer reviewed
In the fall semester of 2012, ESU engaged in a sham nationwide search for an
assistant professor position expressly for the purpose of rehiring Andrew Smith in order to
provide him with a more favorable immigration status.
58.
Dr. Smiths PERM (Green Card) application with Alien Selection Date of
06/04/2013 listed far fewer and simpler Job Duties and Specific Skills and Requirements than
Dr. Singhs PERM application and other comparable PERM applications submitted for ESU
faculty.
59.
Despite possessing inferior teaching scores and an inferior publication history, ESU
promoted Dr. Smith to Interim Dean of SLIM while Dr. Alexander served as Interim Provost in
2012-2013, making him Dr. Singhs administrative superior. During that same year, Interim
Provost Alexander granted Dr. Smith early tenure and promotion to associate professor. .
60.
Based on information and belief, Dr. Smith had not completed a masters degree in
library science, nor had he published a single peer reviewed journal article in a library science
journal when he was approved for early tenure and promotion by Interim Provost Gwen Alexander
after only 3 years at ESU.
61.
In the fall semester of 2013, Dean Alexander created a new Associate Dean position
expressly for Dr. Smith, and made it an Interim Associate Dean position to avoid the necessity
for a national search.
62.
Dr. Smith was a member of the 2013 FPC who recommended terminating Dr.
Singhs employment. At the time, he was also Interim Associate Dean of SLIM, and was therefore
ineligible to be on the FPC according to SLIM policy.
63.
Dr. Alexander approved and adopted the FPC report and its recommendations.
64.
As a result of the negative review provided by FPC, Dr. Singh received a terminal
appointment with ESU. He was expected to serve as a professor for ESU for the 2014-2015
academic year. At the end of the 2014-2015 academic year (May 2015), Dr. Singhs employment
would end.
65.
to the FPCs recommendation for termination, as he was allowed to do according to SLIM policy.
66.
On January 10, 2014, Dr. Singh met with Dean Alexander to discuss the FPCs
evaluation. Dean Alexander was negative and confrontational, repeatedly called Dr. Singh a
misfit and asking him why he didnt just find a position elsewhere. She was not open to hearing
any of Dr. Singhs concerns about his unfair FPC evaluation, and instead complained about how
his rebuttal was unnecessary and too long.
67.
On January 31, 2014. Dean Alexander sent a curt letter endorsing the FPCs
recommendation for termination. She did not send a copy of Dr. Singhs rebuttal to the Provost as
required by SLIM Policy.
68.
On January 31, 2014, Ombudsperson Dr. Michael Morales met with Provost Cordle
and gave him Dr. Singhs documentation, and the Provost expressed sympathy for Dr. Singhs
situation and stated that there appeared to be explicit bias against Dr. Singh.
70.
Provost Cordle further stated he would investigate both SLIMs general practices
On February 28, 2014, Provost Cordle sent a letter that commended Dr. Singhs
teaching and research, but reframed service as collegiality to justify Dr. Singhs termination
based upon that criterion.
72.
At the beginning of March 2014, Ombudsperson Michael Morales met with Provost
Cordle again to find out how Dr. Cordle had come to the conclusion to uphold the termination,
and Dr. Cordle stated that he had no time to investigate nor read Dr. Singhs documentation.
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73.
Based on information and belief, Provost Cordle changed his stance because he was
told by President Shonrock to cease the investigation and support Dean Alexander.
74.
On March 28, 2014, Dr. Singh filed a grievance to appeal the termination decision.
75.
On February 11, 2014, Dr. Singh sent Dean Alexander an email requesting to teach
Dean Alexander denied the request. Dean Alexander maliciously blocked Dr.
Singh from teaching the courses by selecting three lesser-qualified white individuals to teach the
classes.
77.
Dr. Singh was forced to forego the additional income of up to $10,000 he would
The individuals chosen to teach the courses were not tenure track faculty members
in the SLIM department. One was a relatively new instructor in SLIM, while the other two were
adjuncts hired expressly to teach these courses.
79.
On April 1, 2014, Dr. Singh received a letter from Dean Alexander setting out his
On April 2, 2014, Dr. Singh filed an internal EEO complaint with ESUs human
resources department.
81.
Approximately one week later, on April 10, 2014, Dr. Singh filed his initial Charge
Less than two months later, on June 5, 2014 and without any warning, Dean
Alexander and Dr. Smith stripped Dr. Singh of all his previously assigned Fall 2014 teaching
assignments and changed the lock on his office, seizing all of the contents of his office, including
all of his personal items.
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83.
Dr. Andrew Smith moved into Dr. Singhs office shortly afterwards.
84.
On information and belief, Dr. Singh is the first professor in the history of ESU to
be prohibited from teaching classes and having an office on campus during the terminal year of a
faculty appointment.
85.
The ESU Policy Manual specifies that suspension of a faculty member during a
grievance proceeding is justified only if immediate harm to the faculty member or others is
threatened by continuance of service.
86.
Dr. Singh appealed the FPCs termination decision pursuant to ESUs Grievance
87.
Under the policy, ESU has historically provided professors with a hearing.
88.
Dr. Singh did not receive a hearing. He was only allowed to submit documents in
Policy.
support of his position, and his grievance committee members never met him
89.
with backdated derogatory notes about Dr. Singhs performance, character, and personality.
90.
were not in Dr. Singhs personnel file when he had reviewed his file in April and May of 2014.
91.
character, personality, and cultural heritage, as well as making numerous inappropriate and
misleading insinuations throughout.
92.
documentation and made a decision against Dr. Singh on Nov 3, 2014 without a hearing and
without giving him the opportunity to view and respond to the responding parties documentation.
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93.
Upon Dr. Singhs protest, the Grievance Committee gave Dr. Singh an opportunity
to respond to the opposite partys evidence, but by then their decision had already been made.
94.
The Grievance Committee failed to follow ESU policy, and unfairly denied Dr.
President Shonrock, either directly or indirectly through Faculty Affairs Committee Chair Michael
Morales, to avoid a hearing for Dr. Singhs grievance and find in favor of the administration.
96.
Dr. Singh received notice that his appeal was officially denied and he was officially
Dr. Shonrock personally reviewed, approved, and ratified the termination of Dr.
Singhs employment.
98.
When he did so, Dr. Shonrock knew or should have known that Dr. Singh had a
constitutionally protected property interest in his appointment, in his annual evaluations, in a fair
tenure review process, and in continued employment.
99.
Dr. Singh objected to the arbitrary, illegal, and unfair conduct multiple times with
Drs. Smith and Alexander, in addition to reporting it to Dr. Cordle, Dr. Shonrock, and former
Provost Mehring. However, none of the individual defendants or Provost Mehring did anything
to stop the obvious discrimination and retaliation.
100.
Dr. Cordle said he did not have time to investigate any of Dr. Singhs concerns.
101.
The individual defendants caused the illegal actions that are complained about in
this lawsuit.
102.
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103.
He should have received an administrative hearing but he never did. Dr. Singh was
not afforded the right to be heard and to cross examine the witnesses against him.
104.
Since at least 2009, not a single person of color has received tenure in SLIM.
105.
106.
107.
under Dean Alexander. Dr. Singh prepared this document for the appeal process.
108.
SLIM professors of color are given more difficult teaching assignments and are
From fall 2009 to spring 2014, SLIM professors of color were not allowed to serve
on faculty search committees, and were explicitly excluded from social gatherings with faculty
candidates.
110.
applicants.
111.
112.
students.
113.
Dr. Alexander told people Dr. Singh cannot drive because people from India have
On information and belief, alterations may have been made to the student comments
on Plaintiff Singhs summer 2013 course evaluation. Plaintiff Singh filed a Kansas Open Records
Act request to obtain the underlying, original data supporting the 2013 course evaluations. ESU
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refused to provide the information to Plaintiff Singh, who will obtain that information through
discovery.
115.
Dean Alexander seized Dr. Singhs personal belongings and data in June 2014 and
refused to return Dr. Singhs personal belongings and data for over 10 months, negatively
impacting his scholarly productivity.
116.
Dr. Singhs white colleagues were not locked out of their offices and had the
opportunity to retrieve their data themselves either alone at their leisure or in the presence of a HR
staff member, unlike Dr. Singh.
117.
On information and belief, ESU or SLIM failed to preserve the data on Dr. Singhs
desktop computer that was seized from his office, despite being under a litigation hold.
118.
The IT Department retrieved his data using FTK software, which is forensic
Dr. Singh endured 5 years of a hostile work environment and workplace mobbing,
Alexander, Dr. Smith and other faculty encouraged into workplace mobbing behavior.
123.
Dean Alexander and Dr. Smith repeatedly questioned Dr. Singh socializing with
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124.
Dean Alexander and ESU intentionally violated the U.S. Citizenship and
Immigration Services (USCIS) H1 B visa requirements by changing Dr. Singhs work conditions
via stripping of his teaching assignments and removing him from his office.
126.
Dr. Singhs enforced isolation from his office, the SLIM Department, and SLIM
students was humiliating and damaging to his reputation, and was wholly unreasonable and
unjustified.
127.
Dr. Singh overwhelmingly met the requirements for teaching, research, and service
ESU ignored Dr. Singhs qualifications, his teaching scores, his publication history,
and his service to the University and the profession when deciding to terminate him.
129.
On the other hand, ESU made exception after exception for promoting Dr. Smith,
despite Dr. Smiths inferior qualifications, teaching scores and publication history. Dr. Smith was
paid at a higher salary than Dr. Singh during each year of Dr. Singhs employment.
130.
ESUs and SLIM's termination decision of Dr. Singh's employment was illegal.
131.
Dr. Singh was subjected to extreme hostility resulting in his wrongful termination,
unprecedented removal from office and denial of due process of a hearing, all with the full
endorsement of Provost Cordle and President Shonrock.
132.
ESU and SLIMs unlawful termination has affected Dr. Singhs professional career
negatively, delaying tenure and causing him physical and mental stress as well as financial
hardship.
16
Singh on the basis of his race and color, in violation of 42 U.S.C. 1981.
134.
Singh on the basis of his race, color, and national origin in violation of the Equal Protection Clause
of the Fourteenth Amendment.
135.
Singh for engaging in activities protected by 42 U.S.C. 1981, the First Amendment to the U.S.
Constitution, and the Equal Protection Clause of the Fourteenth Amendment to the U.S.
Constitution.
136.
Defendants Alexander, Smith, Cordle and Shonrock acted under color of state law
Plaintiff Singh has been damaged by the illegal conduct of Defendants Alexander,
Plaintiff Singh is entitled to pursue relief against Defendants Alexander, Smith, and
17
Plaintiff Singh had a property interest in his appointment, in his annual evaluations,
rights under the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution.
141.
Plaintiff Singh has been damaged by Defendants Shonrock, Cordle, Alexander, and
Non-party ESU will be joined to this case as a Defendant for violating Title VII of
the Civil Rights Act of 1964, after Plaintiff Singh receives his right to sue letter from EEOC.
Plaintiff Singh expects to receive that letter in the next 30 days.
Plaintiff Rajesh Singh, Ph.D., hereby demands trial by jury.
Plaintiff Rajesh Singh, Ph.D., designates Kansas City, Kansas as the place of trial.
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EXHIBIT