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Fired Dental School employees win evidence battle in court

Three fired Dental School workers won their latest battle against the University on Friday. Dawn Mitchell, Delano Isabell and Theresa Atkins, dubbed the "Dental School Three" by supporters, are suing the University for $1 million after being fired in December 1994. The three claim their firings were racially motivated.

Arbitration hearings in January upheld the University's dismissal of the employees for allegedly falsifying timecards. The arbitrator did not mention racism as a motive in the firing of the three black employees by their white supervisor.

One month after they were fired, the University offered the three employees new positions with pay cuts and suspensions. They all rejected the proposal.

The three were offered jobs with identical pay after arbitration hearings concluded in 1995.

On Friday, the University lost its attempt to limit the Dental School's ability to present its case in their upcoming civil suit by imposing "collateral estoppel" on conclusions made during arbitration hearings in January. George Washington, attorney for the three, said collateral estoppel would have meant that the findings of the arbitrator would have become indisputable facts in the civil case. "If the arbitrator had found that the sky was green, we would have had to go along with that decision," Washington said. Washtenaw County Circuit Court Judge Karl Fink said that decisions made in January should not necessarily hold true in a court of law. "Based on my understanding of the facts, it is my finding that collateral estoppel does not apply," Fink said. Mitchell said she was happy with the court's decision.

"I'm quite pleased," she said. "We don't want to go into the trial with our hands tied behind our backs." Lisa Resch, a member of the National Woman's Rights Organizing Coalition, was at the court building to support the three employees.

"The University's attempt to get the case dismissed is just to cover their own tracks," Resch said. "Everyone knows that racist attacks like these occur and they occur every day." NWROC has supported the Dental School Three since their firings.

Mitchell, Atkins and Isabell are suing the University for back wages, cleared records and reinstatement at the Dental School. The trial's date has yet to be determined. "We look forward to winning," Mitchell said.