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LISA ARKIN VS. UNIVERSITY OF OREGON: SETTLEMENT

After three and one half years of gathering evidence in a Federal Title VII Gender Discrimination lawsuit, an out-of-court settlement was finalized by plaintiff Lisa Arkin and defendants University of Oregon, John Moseley (Provost), and Jennifer Craig (Department Head) in July. Arkin had alleged that the University of Oregon, Mosley and Craig violated her civil rights by denying tenure to her because she took two maternity leaves during her tenure preparation period. Also see University of Oregon --Still Explicit Gender Discrimination By Charity Hirsch

Settlement talks began after the Ninth Circuit Court denied the University´s motion to dismiss Arkin´s case. The judge ruled that " Plaintiff has offered evidence tending to demonstrate that defendant Craig may have acted vindictively or may have been motivated by a personal desire to prevent plaintiff from obtaining tenure and that she did so through the improper means of creating and presenting a false and unfairly negative picture of plaintiff´s tenure case." The judge also wrote that Arkin could submit evidence tending to show that staff in the Provost´s office told another faculty member that taking maternity leave can "prejudice the case for tenure" and that the Provost himself expressed views that " pregnancy leaves give a pregnant woman a time advantage for research and writing."

Defendants Moseley and Craig were not present at the settlement negotiations; President Dave Frohnmayer represented the University. He reversed the Provost´s decision and awarded tenure and promotion to Arkin. He also authorized a monetary award of $495,000 and full library privileges. As a part of the agreement, Arkin is to resign from the University.

Arkin had mixed feelings about the settlement. " It was a difficult decision to accept the settlement and let go of the opportunity to have the case tried in court, particularly after the Ninth Circuit Court had determined my case had merit. I also feel, as do many other faculty here who supported my case, that the stipulation that I resign is another act of retaliation. Yet, I had to consider the continuing toll this lawsuit would take on my family. I believe this settlement will send a strong message to this university and to other institutions of higher education that any kind of discrimination cannot be allowed."

The University of Oregon has denied wrong doing in Arkin´s case. That stance has been seen before but the award of tenure and promotion and almost half a million ... speaks for itself.

-wage@wage.org-