July 24, 2001

Contact: Lynn Bretz, University Relations, (785) 864-8866

Court upholds KU appeal

LAWRENCE -- The 10th U.S. Circuit Court of Appeals today ruled in favor of the University of Kansas and held that KU had not retaliated against a former faculty member for filing a charge of discrimination.

The circuit court reversed a lower court's decision to submit to a jury the retaliation claim by Marie Aquilino, a former assistant professor of art history. In doing so, the circuit court wrote that "Aquilino presented insufficient evidence to show that she suffered adverse employment action."

The court ruled that KU's actions were a "natural consequence of the denial of tenure" and did not cause additional harm to Aquilino's future employment prospects.

Aquilino was denied tenure by KU in March 1998. She later filed suit against the university, claiming she was denied tenure because of her sex, and also that the university had retaliated against her because she had filed a sexual discrimination charge with the Kansas Human Rights Commission.

The district court rejected Aquilino's discrimination claim, but submitted her retaliation claim to the jury, which awarded $35,000 to Aquilino. KU appealed the jury's decision to the circuit court, resulting in today's decision voiding the monetary award and finding there was no retaliation.