May 9, 2003

Contact: Todd Cohen, University Relations, (785) 864-8858.

Federal court rules for KU, orders plaintiff to pay university's cost

TOPEKA -- A federal court ruled today in favor of the University of Kansas and dismissed a lawsuit by Michael Cuenca, a former faculty member at KU. The court also issued an order granting the university recovery of its costs of defending the lawsuit from the plaintiff.

The U.S. District Court in Topeka also dismissed all claims Cuenca had filed against two individuals, Myron "Michael" A. Kautsch, former dean of KU's William Allen White School of Journalism and Mass Communications, and James Gentry, the school's current dean.

Cuenca, an assistant professor of journalism at KU from 1994 until 2001, had alleged discrimination of race and national origin and retaliation in the university's decision to deny him promotion and tenure in 2000. But the court ruled that Cuenca's allegations "fail to raise a material question of fact."

In granting the university's motion for summary judgment, prepared by Barbara L. McCloud, associate general counsel, the court rejected all of Cuenca's claims on the merits.

"Plaintiff fails to show the court ... that the decision not to grant him tenure and promotion was based upon illegal motivation," the court said. "Plaintiff has failed to produce any direct or circumstantial evidence that defendants, or any of them, acted with a discriminatory motive. ... Defendants have articulated legitimate, non-discriminatory reasons for their decisions."

The court ruled on the plaintiff's allegations that an article written by Professor Ted Frederickson and published in the University Daily Kansan newspaper amounted to racial harassment.

The court stated, "None of the language used in the article is racially derogatory. Instead, the article merely speaks to the plaintiff's having missed class, states why Frederickson believed a public response to plaintiff's assertions was necessary, and gives numerous reasons in refutation of plaintiff's allegations of racism."

The case is Cuenca vs. the University of Kansas, Myron A. Kautsch and James K. Gentry, Case No. 98-4180-SAC.

"The university's success in defending these lawsuits demonstrates that the university and its administrators are dedicated to fair and equal treatment of faculty and staff," said Rose Marino, associate general counsel and co-defense counsel in the case.