University English Prof. Emily Cloyd filed suit against the University earlier this month, claiming her rights were violated when she was forced into medical leave in the spring of 1995.
"I am shocked. I'm outraged. My tenure was violated. My academic freedom was violated," said Cloyd, who is 66 years old.
The lawsuit alleges that Cloyd's rights were violated under the American Disabilities Act. She is claiming that she was placed on medical leave without her consent after she had requested additional accommodations for a back disability in March 1995.
Cloyd is bringing complaints in the amount of $50,000 against the University, the University Board of Regents, English Department Chair Martha Vicinus, and former LSA associate dean John Chamberlin.
Vice President for University Relations Lisa Baker said the University did its best to negotiate with Cloyd.
"The University has made a good faith effort to work with professor Cloyd, and we very much regret that she has decided to pursue litigation," Baker said.
Jeffrey Herron, Cloyd's attorney, said Cloyd only recently filed suit because she was waiting for permission from several federal organizations. She has been involved in negotiations with the University since January 1995.
"I thought it was a matter that could be settled quickly and easily within the walls of the campus," Cloyd said. "The administration's view in recent years has been to put faculty and staff members where we really have to give up ... or go to court."
While she was on leave, Cloyd said she was pressured to accept early retirement. After she was put on leave, Cloyd alleges she was subjected to unwarranted medical testing - including a psychological examination.
"One of the things (the University) did was to force me to go to a retirement counselor," Cloyd said. "There was no reason for me to retire."
Herron said ADA protects his client because the University is public property and falls under the act's jurisdiction.
"The ADA prohibits discrimination under disability for employees, government services, and in public facilities like bars, restaurants and hotels," Herron said. "Title II of the Americans with Disabilities Act is the portion of the law that covers state and local government."
Part of this protection is that employees cannot be forced to accept medical leave.
"There is no doubt the University cannot put anyone on medical leave," Senate Assembly Committee on University Affairs Chair Tom Dunn said. "(Cloyd) did not feel it was necessary to go on medical leave."
Cloyd was allegedly contacted at her home by Vicinus on March 6, 1995, and informed she had been relieved of her teaching responsibilities and placed on immediate medical leave.
"Under ADA reasonable accommodations must be made. Emily requested additional teaching assistants and the request was not met," Herron said. "Under ADA employers are limited on when they can send employees out for medical testing."
Dunn said the issue at hand is how much accommodation the University needs to provide for its faculty.
"The case is one concerned with the rights of faculty and part of the question of much accommodation the University needs to make for them," Dunn said.
Meetings with the University began during1995's winter term when Cloyd met with Vicinus, who was still new as department chair. The two met to discuss the lack of accommodation and the effect it was having on Cloyd's ability to teach her classes.
In the first meeting Vicinus allegedly agreed to provide Cloyd with photocopying and clerical assistance and committee relief, but refused to provide her with graduate student assistance that she had previously received between 1990 and the summer of 1994.
"The (previous) chair was always interested in how things were going for me. In making sure my students were protected if I were disabled temporarily," Cloyd said. "I wish I hadn't had to do this. I don't roll over easily. The University should make a practice of acting courteously toward its facutly, staff, and students."
Cloyd was hired by the University in 1967, and was the first women to be tenured in the English Department. After undergoing extensive back surgery between 1985 and 1990 she began receiving accommodations including extra teaching assistance and an ergonomic chair.
Cloyd is presently on medical leave because of an injury she recieved while attempting to access her teaching materials.
"Knowing the English department was moving I started in June to get new office facilites. When I was to start teaching in January my office was not ready to use," Cloyd said. "I had to do some physical work to get it ready and I was injured trying to get access to my books."
The University, along with those involved with the suit received their notices two days ago, Herron said, adding that a trial date has not been set.
Vicinus and Chamberlin could not be reached for comment.