CINCINNATI — The University of Cincinnati spent $130,000 to settle a discrimination lawsuit with a former Cincinnati health commissioner who claimed he didn’t get an interview for a professor job because of his race.
Noble Maseru spent a decade at the helm of the city’s health department before retiring in 2016 and applying to UC. After he didn’t get a job, or an interview, he sued the school in 2018. UC had said in court documents that Maseru lacked experience. But the school reached a settlement with him three days before trial was set to begin in U.S. District Court.The settlement was finalized on Nov. 2.
This is the most recent settlement in the nearly $3 million that UC has paid out since 2017 to students, faculty and staff who have filed claims of alleged discrimination, civil rights violations, unequal pay, retaliation, wrongful termination or Title IX claims such as harassment, or failure to investigate sexual misconduct.
"The biggest problem I find that a lot of big institutions have, and UC is certainly a big institution, is the unwillingness to admit that you made a mistake," said attorney Josh Engel, who specializes in Title IX cases. “Instead, when allegations of wrongdoing come on, they hunker down and circle the wagons and say we’re going to defend this thing until the end of time."
Engel is one of three longtime attorneys who agreed to speak to WCPO about their general experience in dealing with UC over allegations of wrongdoing involving students, staff or faculty. Collectively they have handled dozens of complaints against UC over the years.
Engel currently represents two female ballet students who are suing UC for not protecting them from alleged sexual misconduct by a male ballet dancer during rehearsals and performances. They accuse UC and the College-Conservatory of Music of acting with "deliberate indifference" to their complaints.
"Students who believe that they are victims do not believe that the school listens to them, do not believe that the school takes them seriously, and have not taken appropriate action to prevent them from being re-victimized," said Engel, who noted that students who are accused of wrongdoing also feel that the investigatory process is flawed.
Engel also represents Andrea Goldblum, who is the former director of UC’s Office of Gender Equity & Inclusion. She claims she lost her job after exposing systemic problems at the school. A federal judge dismissed her lawsuit, but it is before the Sixth U.S. Circuit Court of Appeals on appeal.
"Schools that get it right are schools like Xavier (University)," Engel said. "They don’t see students who make complaints or students who are accused of wrongdoing as the enemy, but as someone who is going through a difficult process and deserves to be heard ... and schools like that do real investigations."
UC declined to comment on the settlements it provided to WCPO. But a spokesperson gave this statement: "The university is focused on the wellbeing of our students, faculty and staff, and makes every effort to provide equitable processes to resolve concerns or complaints. We take these matters seriously as we strive to create an inclusive, safe, and supportive campus environment, and strongly encourage members of our university community to report concerns and discuss supportive measures with us.”
All three lawyers who spoke to WCPO describe UC officials as unwilling to admit fault, concerned with protecting their reputation and historically difficult to resolve cases with. They say UC could benefit from more investigators who are independent and well-trained, to look into student and staff allegations and reach fair outcomes.
"UC, like other public employers, their priority is not my client’s best interest. It’s the institution’s best interest," said attorney Marc Mezibov who has been an employment lawyer for 40 years and usually handles one to two cases a year involving UC.
Mezibov said UC typically responds to him in the following way: "We don’t do that. We don’t discriminate. We don’t punish. We don’t overlook … We even have a department that’s called 'The Office of Let’s Treat Everybody Fairly' but 'The Office of Let’s Treat Everybody Fairly' is more interested I think in appeasing the higher-ups than it is in following the law."
Kati Neff, a partner at Freking Myers & Reul LLC, has handled five to 10 cases with UC in recent years — most with faculty and staff. She questions how UC’s Office of Equal Opportunity and Access investigates complaints of discrimination.
“I have seen several times where OEOA has said somebody is not being paid appropriately but they will never take that next step to say … it was because of discrimination even when they have that evidence in front of them. It’s almost like they want to make the excuse,” Neff said. “I think UC tries to set up this office as being neutral and I don’t think it really is … whether that’s a connection with the HR office or whether that’s a connection with legal, I do think that it does a disservice to employees who should benefit from this office.”
Neff also believes that UC’s compensation department should be better staffed so they can look into how employees are paid and if subjective decision-making on salaries and hiring can lead to potential discrimination.
"My understanding is that it has been an ongoing problem for years and years and years and I don’t see it really being fixed," Neff said.
The settlements obtained by WCPO vary widely — from students who claim UC improperly handled allegations of wrongdoing made against them by other students, to staff members who allege they were paid less because of their sex, to high-profile professors who claim the school retaliated against them.
These are a few of the settlements:
- UC paid $135,000 in 2018 to Nicole Avant, who was hired at UC College of Pharmacy as the first Black female faculty member. She was a clinical assistant professor and chief diversity officer for the UC College of Pharmacy, who claimed UC treated her differently than her white counterparts and discriminated against her by limiting her academic freedom and preventing her from performing her diversity and inclusion work, according to her lawsuit.
- UC reached a settlement worth $600,000 with Jennifer Bard, the first female dean of the UC College of Law, in 2017. She sued for alleged violation of constitutional rights and breach of contract. As part of the settlement, she resigned as dean and the university granted her two years of academic leave at her full salary of $300,000, while retaining her tenured professor position.
- UC paid $134,883 to Kenya Faulkner, as part of a 2017 settlement. She left her job as vice president for legal affairs and general counsel in 2016 and took on an outside consulting role focusing on improving diversity at UC’s law school, according to the settlement and a 2016 report by the Enquirer.
- UC reached a $556,000 settlement with Dr. Jay Johannigman in 2019. He was an emergency room surgeon at the University of Cincinnati Medical Center who claims UC retaliated against him for speaking out about allegations of sexual harassment involving other physicians and discriminated against him, according to his lawsuit.
