Former associate professor Kathleen McCormick claims that she was unfairly denied tenure at UB in 2005 because she is a woman.
???Previously in the Department of Exercise and Nutrition Sciences, McCormick filed a complaint with the New York State Division of Human Rights (NYSDHR) claiming that the university was discriminatory in its decision.
???Following an investigation, the NYSDHR has granted McCormick probable cause, meaning her case will go before a judge early next month.
???Lourdes Centeno, a special assistant to the commissioner of the NYSDHR said that the administrative hearing, set for Dec. 4 and Dec. 5, would be very similar to a court trial.
???"An administrative judge will listen to... both sides, and after that, [will] write a recommended order for the commissioner to review," she said.
???NYSDHR Commissioner Galen D. Kirkland will then issue a final order on the case.
???Joe Brennan, associate vice president for university communications, declined to comment on behalf of the administration.
???"The university cannot comment on specific personnel matters. However, the university's tenure process is as follows: All decisions about tenure are reviewed carefully at multiple levels," Brennan said.
???The final decision on matters of tenure, though, lies with the provost and president, not with review boards such as the President's Review Board (PRB), an advisory board whose members are chosen by the administration to help determine hiring and tenure issues.
???"The results of deliberations by tenure review committees at the departmental, decanal, and university levels are recommendations to the provost. In the vast majority of cases, the provost has agreed with those recommendations," Brennan said.
???McCormick said that she was successful through much of the tenure process, including recommendations from her department and its chairperson, the dean's committee, and reviewers from outside institutions.
???She also received a letter of congratulations after receiving a positive review from the PRB.
???"After I got the letter, I went on vacation thinking everything was golden," McCormick said.
???McCormick said she knew early recommendations from her department were far from a sure thing and that oftentimes due to departmental politics "somebody could get tenure unfairly or someone could get denied unfairly."
???However, she said, the PRB, which is selected by the administration, seemed to signify a more significant chance of success.
???"The PRB's job is to be an independent representation of the entire university... to be objective, and ensure that the tenure process is fair," McCormick said.
???Taking the university to court could result in a forced reversal, meaning McCormick would receive tenure at UB.
Photo: Courtesy of Laron Fomby
