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NEWS
| October 14, 2004
Architecture
Discrimination suit meets new delay
The change means a jury will replace
the judge, but a new date has not been announced.
By James
McGarrigle
Contributor to The Shorthorn
The trial date of a gender discrimination lawsuit filed by former
Architecture Dean Martha LaGess against UTA and the UT System has
been further postponed due to an administrative discrepancy.
LaGess’ attorney, Ted Anderson, sought to reschedule last
week because the Oct. 18 date fell in a nonjury week, meaning the
case would be decided by a judge. The 96th District Court granted
his request.
“We think that 12 honest citizens of Tarrant County are the
right people to determine whether or not there has been discrimination
at UTA,” Anderson said. “We had a jury demand from the
very beginning, but trial was scheduled for a nonjury time.”
Anderson said he expects that the case will not reach a courtroom
setting before January.
This latest change will result in the fourth established court date
for the trial, which was initially set for March, then May of this
year. However, due to concern that witnesses would not easily be
available over the summer break, the October date was arranged.
LaGess was dismissed in August 2002 after serving just one year
at the post. Last January, she served the university with a civil
claim seeking her reinstatement as dean of the School of Architecture
as well as monetary damages.
The nature of the litigation was refined by an April pretrial hearing
at which the court denied a motion filed by UT System Attorney Helen
Bright. Bright requested summary judgment based on a claim that
LaGess was fired for poor leadership and cited sovereign immunity,
which protects government entities from civil litigation unless
the Legislature grants consent. At the same hearing, LaGess opted
to drop claims of breach of contract, denial of due process and
sexual harassment.
“These three claims are on hold,” Anderson said. “We
have to get approval from the State of Texas Legislature. At this
point we will proceed with just the court action and make a determination
on other claims later.”
Anderson declined to comment on any steps taken toward a settlement
agreement between the two sides, while Bright declined to comment
on recent developments in her defense while the case is still under
litigation.
Since her dismissal, LaGess has continued to teach as a tenured
professor at the School of Architecture. She currently teaches Theory
and Postmodernism and advanced-level design studio.
“She is ready to go whenever she can,” said Anderson.
“The case is ready to go to trial. We have all of our exhibits
and have spoken to witnesses.”
Anderson said he will call upon 12-15 witnesses, including former
Provost George Wright, current and former professors, alumni and
students.
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