(1) Buszek v. Delta College Summary
Jury Decision Fri., June 14,
Stephen Buszek had worked as an adjunct professor at Delta Community College. He
wanted to be hired as a full time professor. Beginning in 1999 and extending through
2000, Buszek was passed over for the position of full time professor twice -- both times
by less qualified female applicants.
Professor Buszek sued the college for sex discrimination in Bay County, Michigan Circuit
Court (the 18th Judicial Circuit in Michigan). On Friday, June 14, 2002 a mostly
white female jury awarded Mr. Buszek $1,546,000.
Evidence introduced at trial by Buszek included Plaintiff's Exhibit # 31, which was a memo from Karen Wilson,
the Division Chief of the social Science Division of Delta Community College.
||CASE SUMMARY: Facts and Circumstances, Jury Award in Stephen Buszek
v. Delta College, No. 00-3843-CL, Bay County Circuit Court
||Plaintiff's Exhibit # 31: Memo urging hiring
a "diversity female" 10/26/98
||Plaintiff's Exhibit # 48: Note from
administrator applauding the selection of a diversity candidate 5/3/99
||Plaintiff's Lawyer - Glen Lenhoff
In the first paragraph of her October 26, 1998 memo, Ms. Wilson discusses the 1999
Criminal Justice Position for which Mr. Buszek had applied, and states her hope that the
search for a candidate "would hopefully generate a candidate pool which would assure continued
diversity (perhaps a female)." [Emphasis added.]
Evidence introduced at trial by Buszek also included Plaintiff's
Exhibit # 48. This exhibit consists of an April 30, 1999 memo from Dean
Chuck Philip to Betty Jones -- a Vice President at Delta Community College. Betty
Jones was a tremendously powerful Delta College diversity advocate who was one of
the chief culprits in discriminating against Stephen Buszek with respect to Mr. Buszek's
quest to become a full-time Criminal Justice Instructor at Delta Community College.
At the bottom of the Exhibit # 48 memo, Betty Jones' hand written note clearly supports
the hiring of a female over Stephen Buszek for reasons of diversity. Ms.
Jones' note states in part "I strongly concur in this recommendation [to hire female
applicant Michelle Whitaker instead of male applicant Stephen Buszek]. Michelle
Whitaker is an excellent candidate and will bring needed strengths and diversity to the
C.J. [Criminal Justice] discipline." Mr. Buszek's attorney, Glen Lenhoff, says
of this note "When someone like Betty Jones uses the term "diversity", the
term means racial and gender based diversity -- to the detriment of the white male.
I feel that both of these exhibits clearly reflected the pervasive reverse discrimination
practiced by Delta Community College."
Subsequent to Professor Buszek's lawsuit against Delta Community College, they have fired
Professor Buszek in apparent retaliation for filing suit against the college's reverse sex
discrimination policies, according to his attorney Glen Lenhoff.
According to the Associated Press, Delta College spokesman Terry Rock said the college
plans to appeal the court decision which found Delta guilty of discrimination against
Professor Buszek. Mr. Rock pointedly refused to comment on the college's firing of
Professor Buszek's attorney, Glen Lenhoff, told AP that reverse discrimination is rampant
in educational institutions. Commenting upon his client's firing by Delta College,
attorney Lenhoff is quoted as saying "When a white male even dares to challenge
reverse discrimination, he is struck down."
Plaintiff's Exhibit # 31:
Memo from Karen Wilson, Delta College Division Chief of the Social Science Division Oct.
This is a position which was
approved for hiring for the past two years. It was delayed based on budgeting in
1997, and the search was abandoned for other reasons in 1998. The Criminal Justice
Discipline always had three full-time faculty. Whe we lost both Norm Jones and
Paul Leek, this left the discipline with one full-time faculty member, Don Hatchew.
When Dan Guiterrez was hired, some pressure in the discipline was alleviated, but
enrollments continue to be strong and the need for another full-time faculty member is
imperative for the continuity of the programs. The early adversitising of a tenure
track position in this area would hopefully generate a candidate pool which would assure
continued diversity (perhaps a female), with up-to-date technology skills and the ability
to further curriculum development which would meet the needs of employers in this field,
both Law Enforcement and Corrections. It is also important that we find someone with
a background similar to Dan Guiterrez, who has both Law Enforcement and Corrections
Enrollments in both Law
Enforcement and Corrections Programs have continued to be strong. With the exception
of 1995, when the Corrections area hosted two accelerated programs which caused an
unusually high enrollment, over the past several years, credit hour generation has been
consistent or increasing. (Over the past seven years, credit hour generation has
averaged between 4071 and 5094 per year, with an efficiency rate betwen 95% and 103%.)
Dan Guiterrez has received information from the Michigan Department of Corrections
which indicates that there will be 3900 new Corrections Officers needed in the next three
years due to the expansion of and building of new correctional facilitieis in this area.
Delta is in a perfect position to draw a large number of new students into our
program, but with the limitation on full-tinme faculty this would necessitate hiring more
adjuncts in a discipline where between 53% to 76% of the credit hours are already
generated through the use of adjuncts in any given year.
Plaintiff's Exhibit # 48:
Memo from Chuck Philip to Betty Jones, Delta College Vice President and diversity
advocate dated April 30, 1999
Office of the Dean of Faculty
||Chuck Philip (/s/ signature/initial of Chuck
||Recommendations to Hire a New Faculty Member in
Our Criminal Justice and Law Enforcement Discipline; Michele Whitaker
||April 30, 1999
You will find attached, Betty, a unanimous recommendation from our
search committee and Division Chair. All [of them] recommended Michele Whitaker.
Michele is a very strong applicant. She has extensive professional experience in
corrections and the appropriate graduate level education as well. She has performed
quite well as an adjunct faculty member in this discipline for over ten years and has
impressed the committee and Chair with the quality of her teaching.,
"outstanding" and "superior" in their judgment. She seems to be
sincere in her efforts to be student centered and would be a fine addition to our faculty
in this discipline.
Recommendation. Offer our currently available faculty position
in Criminal Justice and Law Enforcement to Michele Whitaker.
[Editor's Note: The
following, handwritten notation by Betty B. Jones was added to this memo and the
handwritten date by Ms. Jones was 5/3/99.]
I strongly concur in this
recommendation. Michelle Whitaker is an excellent candidate and will bring needed
strengths and diversity to the C.J.discipline.
/sig/ Betty B. Jones
non-script: "I strongly concur in this recommendation. Michelle Whitaker
is an excellent candidate and will bring needed strengths and disversity to the C.J.
[Criminal Justice] discipline."
Mr. Glen N. Lenhoff represented Stephen Buszek.
His contact information is:
|Law Office of Glen N. Lenhoff
328 S. Saginaw Street
8th Floor, North Building
Flint, Michigan 48502
|Phone (810) 235-5660
Fax (810) 235-5641
|NOTE: In 1997 Mr. Lenhoff also successfully represented
another reverse gender discrimination case. In Dennis J. Purcell vs. Mott Community
College (No. 94-29949 in Genesee County Circuit Court) plaintiff was paid $500,000 to
settle his reverse discrimination claim. See Purcell v. Mott Community College.
END Case 30: Stephen Buszek v. Delta College, No.
00-3843-CL, Bay County Circuit Court