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Linda Schilcher vs. the Middle East Studies Program of the University of Arkansas et al.
Linda Schilcher´s case against the administrators of the Middle East
Studies Program of the University of Arkansas and that university´s
Dean of Arts and Sciences, Vice Chancellor for Academic Affairs, and Board
of Trustees filed in June 1999 will finally have its day in court.
As plaintiff, Schilcher charges unjustified dismissal, absence of due process,
discrimination on the basis of nationality and gender, retaliation, obstruction
of freedom of speech and academic freedom, fraud, and defamation of character.
The defendants are represented by the university´s lawyers, who have
failed in their attempts to delay the case any further. Those attempts included
an appeal to the 8th Circuit Court of the United States in St. Louis to the
defeat dealt them in District Court in Fayetteville. Arguing on grounds of
state immunity, the university hoped to have the case thrown out of court.
The Appellate Court combined seven cases involving faculty against the university.
The ruling permits these cases to continue in federal courts. Otherwise, in the
state courts, the cases would have been inadmissible because the state
constitution of Arkansas prohibits state employees from suing the state.
The judgment in favor of the plaintiffs came as no surprise (even the USDOJ
volunteered a lawyer to argue on their side) but could have been appealed to
the Supreme Court by the university, resulting in further delays. The university
decided not to go that route, and now, finally, the cases will be tried.
Schilcher´s case is set for July 15, 2002 in Federal District Court,
Fayetteville, Arkansas. WAGE members are urged to attend if at all possible.
At this time, discovery has begun and depositions are proceeding.
-wage@wage.org-