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The Perils of Sue Carole
by Charity Hirsch

Our heroine, Sue Carole DeVale, is a renowned musician and ethnomusicologist. She has performed with the Chicago Symphony and the Los Angeles Philharmonic as a harpist and in 1966 was awarded the Klaus Wachsmann Prize in Organology (the study of instruments) by the Society for Ethnomusicology. Until June, 1991, she was also a professor at UCLA.
Four times UCLA denied our heroine tenure in spite of four positive votes by her department and qualifications that exceeded those of five men who were readily promoted. When she appealed through the University's grievance procedure the Faculty Committee on Privilege and Tenure found that her tenure reviews contained "egregious procedural errors" and evidence of discrimination based on departmental politics. For example:

After four times preparing her case and four times being denied by prejudiced reviewers, our heroine's last hope was the law. When internal University procedures had repeatedly failed her, she and her friends organized a support committee (310-825-3369Ņask for Steve Fry). DeVale then sued the University, but to everyone's horror, Judge Irving Shimer granted the University summary judgment, dismissing DeVale's suit and denying her a day in court.
It's time to boo the villain! Listen to Judge Shimer, at once incoherent and prejudiced, as he spoke on August 15, 1997: "...I read as much of this history as I could stand. ...it's clear that this thing was handled as poorly as it could be...or there never would have been the reversal for re-review purposes, and this has been going on a long time... All I'm trying to get through to you is that I'm not a toady to the University, and never had (sic) been, and never will be, although I'm an alumnus, and a financial supporter, and I've made no secret of that either... ...don't whistle on your way out of the courtroom..."
Judge Shimer even sought to shift blame for his decision onto the chair(woman) of the Academic Senate Committee on Privilege and Tenure: "If I were as offended as she professes to be...and as high up in the hierarchy of the University as she was, I wouldn't wait to submit a declaration in a lawsuit a year or a year and a half down the line, after this woman had been embarrassed in that way." It's rare for P&T to support a woman denied tenure, and therefore ironic that the judge should try to use their support against our heroine.
In his judgment, Shimer ignores the evidence in the files of those five less qualified men who were promoted and says "Plain-tiff's very modest ancient (years before) anecdotal history is not sufficient evidence to support a claim that plaintiff was denied tenure because she was a woman, because she was over fifty or because she was interested in African ethnic musicology, causing the tenure application to be denied for improper reasons of age, gender or race bias." If DeVale had sued after the first denial, or even the second, would he have complained that she hadn't given the University enough time to correct its errors and ruled against her for that reason?
Shimer's outrageous decision, the first WAGE knows of in which a discrimination case has been summarily dismissed, even requires DeVale to pay the University $8000 in legal costs (by now long unemployed, she doesn't have it). The University offered to drop their claim for costs if she dropped her case, but our plucky heroine wants to appeal. She doesn't have the $10,000 that will cost, either, so she's filed pro per, representing herself while raising the money for attorneys to help her resist the University that has all our tax dollars to fight her with.

Sure looks like the locomotive's going right over Sue Carole this time.

NOTE: During DeVale's deposition the University lawyers asked her why she hadn't completed her book on the gamelan orchestra. DeVale pointed to the huge file box of documents generated in the ten years she'd spent fighting four biased tenure reviews and said 'There's my book.'

-wage@wage.org-