After a more than three-year battle and a series of appeals, the Ohio Civil Rights Commission ordered Ohio University to pay a former professor in the Russ College of Engineering and Technology more than $265,000 and give him his job back.
Robert Lipset, a former assistant professor in the Industrial and Manufacturing Systems Engineering Department, was denied tenure in 2001, and since then, has fought for his job back.
OU said it based the decision on his lack of research, one of three categories in deciding tenure. The other two categories are teaching and service on various university committees.
But Lipset said he was surprised at the university's decision. He was recommended to receive the largest merit raise in his department and was awarded the Outstanding Research Paper Award and the IMSE Department Research Award in years prior to the decision, according to the order by the OCRC, which heard and reviewed the case.
Lipset first appealed to OU based on his merits, but the university stood with its decision. Then he went to the OCRC in July 2002 and charged OU of age discrimination. The commission decided it was probable
based on the evidence, that OU might have denied Lipset, now 57, tenure based on his age, said Patrick Dull, assistant attorney general representing the OCRC that presented the evidence on behalf of Lipset.
In January 2004, Judge Denise M. Johnson, administrative law judge with the OCRC, heard both the university's and Lipset's sides. In October 2005, she recommended dismissing Lipset's complaint, Dull said. There was not enough evidence to prove age discrimination.
But Lipset asked the commission to reconsider. He thought it overlooked some of the evidence, including his research awards and comments made during his hiring process, Dull said.
For example, another professor wrote too old? on an evaluation sheet after interviewing Lipset when he first came to OU, Dull said. The report also said that Charles Parks, IMSE chair, praised younger faculty in several letters, making comments such as we are so fortunate to have two bright and young faculty to start the fall quarter.
OU submitted a response and on Dec. 15, the university and Lipset again appeared before the OCRC, this time to a five-member panel. Members reviewed the case and on Jan. 13, issued an order that Judge Johnson had overlooked important evidence of age discrimination Dull said. The panel rejected Judge Johnson's recommendation that the OCRC dismiss the case, and ordered that OU pay Lipset $265,998, the amount he would have earned if he still taught, and rehire him.
That's all I wanted out of this was to come back and work with OU students again
said Lipset, who now lives in Virginia.
However, John Burns, director of OU Legal Affairs, said the university will appeal the decision before the 30-day window expires and possibly attempt to settle with Lipset. Burns said that Lipset was denied tenure because of his lack of research, not because of his age.
We have a very good argument based on the significant number of peers who said his research was not a significant standard
he said, adding that this could take another two years. He estimated that legal fees so far have not exceeded $5,000, but that they would increase with more appeals.
Certainly it's frustrating it's taking so long. Justice is a slow process
said Lipset, adding he has applied for more than 130 jobs since he left OU but has had no suitable offers because of the stigma of being denied tenure. But I know I was right and I still expect OU to do the right thing and comply with the decision.
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Michelle Simakis
