KU provost calls Aquilino unqualified

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Updated 12:25:53 AM Friday, April 7, 2000

David Shulenburger defends denying a former art history professor unpaid jobs at Kansas University.

By Erwin Seba

Journal-World Writer

Kansas City, Kan. -- Kansas University Provost David Shulenburger faced an hour of repeated questions in a federal courtroom Thursday about his actions in denying unpaid jobs to a former professor.

Marie Aquilino, who was denied tenure as an art history professor in 1998 and left KU's employ at the end of last academic year, contends she was denied unpaid, adjunct and an ad hoc jobs because she filed a gender-bias complaint against the university.

Aquilino has said she wanted the jobs to finish work with graduate students who were close to completing their degree programs.

KU contends Aquilino wanted the jobs because she was afraid of losing a fellowship from the American Association of University Women if she did not have a university affiliation.

Shulenburger was on the hot seat as Aquilino's attorney Alan Johnson repeatedly asked the provost about the reasons behind his decisions regarding Aquilino.

"What is important to me in this is do we want a person who is qualified to carry the title University of Kansas," Shulenburger told Johnson. "What I am telling you she is not."

First Aquilino sought an unpaid research associate's position in the Hall Center for the Humanities.

"The research area was the area where she failed most to meet the standards set by the university," Shulenburger said. "To appoint her to a research position was just something I thought the university should not do."

Shulenburger repeated his reasoning as he explained his decision to ratify decisions by officials in the College of Liberal Arts and Sciences to deny Aquilino positions as an ad hoc adviser to graduate students.

At one point, Johnson pursued a line of questioning challenging Shulenburger's credibility.

Shulenburger's testimony seemed to be at variance with a letter he wrote to Aquilino after she was denied tenure, Johnson said.

In the letter, the provost wrote he did not have a vote on the university tenure and promotion committee, of which he is chairman.

But in testimony, Shulenburger said he did have the right to vote to break a tie on the committee.

Johnson asked him to explain the contradiction.

Shulenburger said his vote was never needed because the committee's rules require it to make decisions with a super-majority. That's what he meant in the letter, he said.

Both Aquilino and KU rested their cases Thursday. Aquilino took the stand after Shulenburger to begin the rebuttal phase of the trial.

Closing arguments could come as early as this morning, but the court is only meeting for a half-day because U.S. District Court Judge Kathryn Vratil has a prior commitment.

Lawyers said the trial may not wrap up until early next week.

Aquilino seeks more than $100,000 in damages.

-- Erwin Seba's phone message number is 832-7145. His e-mail address is eseba@ljworld.com.


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