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September 16,1997
Voiume 20 Numt>er17
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Appellate court rules in UTSA's favor in faculty sex discrimination case
Betty Travis
By Gary Wrigtit
Editor in chief
On Monday, Sept. 8, the United States Fifth Circuit Court of Appeals in New Orleans reversed a lower court decision and found in favor of UTSA in the sexual discrimination suit filed by Dr. Betty Travis against the Univer¬ sity ofTexas at San Antonio and the UT Board of Re¬ gents. The re¬ versal was based on insuf¬ ficient evideiKe to support a vio¬ lation of Title VII which ad¬ dresses sexual discrimination.
Travis originally filed suit against UTSA after her 1993-94 application for promotion to full profes¬ sor was de¬ nied, citing sexual dis¬ crimination as reason for the denial. The folio wi ng year Travis was denied promotion a second time after provost Raymond T. Garza recommended against the pro¬ motion again, claiming that her re¬ search accomplishments were not strong enough to merit promotion to full professor. The suit went to trial
Samuel Kirkpatrick
UTSA hires new track coach
By Greg Rudar
StoffWriter
Athletic Director Bobby Thomp¬ son announced Monday that (^e McMaster, former assistant coach at Baylor University, has been named head coach for both men's and women's cross-country/track and field.
Coach McMaster comes to UTSA with over 25 years coaching experi¬ ence at the high school, junior col¬ lege, and college level. He got his start right here in San Antonio, where he served as the head track coach and assistant football coach at Sam Hous¬ ton High School from 1969 to 1974.
From San Antonio, McMaster ac¬ cepted ajob as Assistant Head Track Coach at Baylor University, where he coached from 1974 to 1989. He was put in charge of recruiting, and on the track worked mostly with the field event athletes, along with the middle to long distance runners.
"Those 15 years were a great ex¬ perience for me," McMaster recol¬ lects. "The head track coach up there. Coach Hart, is one of the best in the United States. He gave us a lot of freedom. We moved around a whole bunch, so by the time I was throu^there,Ihad experience coach¬ ing just about every event."
In his 15 years as assistant coach at Baylor, the school {Hoduced such
ContlniMd on page 6
before a federal magistrate judge and the jury found the employment prac¬ tices of UTSA to be sexually discrimi¬ natory in Travis' case. United States District Court Magistrate Judge Alan Albright awarded Travis promotion to fiill professor, front- and back-pay, and payment of $91,088.75 in attorneys' fees. By rendering the decision against Travis, the panel of judges at the Fifth
the credibility ofthe witnesses and the weight to be given to conflicting evi¬ dence for that of the trial court and jurors, thereby depriving me of my constitutional right to trial by jury."
In a recent interview with the Paisano, Travis added that she is not optimistic about getting a second hear¬ ing. "We're gearing up emotionally and in all other ways to go to the
"Dr. Garza mentioned something about one of my aiiicles lacking quality and innova¬ tion-it's an article on higher level differen¬ tial equations-and he has acollege alge¬ bra bacl(ground." -Dr Betty Tiavis, associate professor, division of mathematics and statistics
Circuit Court reversed all prior judg¬ ment in her favor by Judge Albright and the jury in the lower Court. The decision reads, "The judgment based on the jury verdict below is RE¬ VERSED, and a take-nothing judg¬ ment is RENDERED in favor of the university and the board of regents." Travis and her attomey intend to file for a re-hearing before the panel of judges. In a written statement, Travis says, "The decision of the Court of Appeals is contrary to the law and contrary to fairness and justice. The judges in New Orleans have substi¬ tuted their own judgment concerning
Supreme Court on this because we feel we won't gel any redress at the Fifth Circuit Court," said Travis.
According to the Fifth Circuit deci¬ sion, "Surprisingly little of the trial involved any reference to Travis' sex. A casual observer would have thought the jury had been asked lo decide sim¬ ply whether the university should have promoted Travis."
Although Trav is received favorable recommendations from adi vision com¬ mittee, her division director, a com¬ mittee of the college of science and engineering, and the dean of the col¬ lege, Garza recommended against pro¬
motion on the basis of meager re¬ search.
"Dr. Garza mentioned something about one of my articles lacking qual¬ ity and innovation—it's an article on higher level differential equations— and he has a college algebra back¬ ground," explained Travis. "There he is making judgments on this paper that my experts called 'absolutely elegant, sirong mathematics.'"
Travis added that she felt as if the Fifth Circuit Court ignored the profes¬ sional opinion offaculty who testified in her favor. She also explained what the court's decision means to the fac¬ ulty at UTSA. "If 1 were faculty, 1 would really be worried especially now that we have post tenure review," Travis stated." This indicates that the provost is going to read your papers and, nu matter what discipline you're in, he' is going to make these judg¬ ments aboul the quality of your re- .search."
.UTSA president Samuel Kirkpatrick views the situation differ¬ ently. "1 don't think it (the Fifth Cir¬ cuit Court's decision) will have a ma¬ jor impact on the faculty since it con¬ firms the practices and the standards that we have in place," said KirkpaOick.
Kirkpatrick explained that the ad¬ ministration always felt that the jury from the lower court substituted its judgment for that of the administra¬ tion on matters of academia and this was conu-ary to the jury's responsibil¬ ity in the case.
"We have always contended that
Continued on page 3
Consolidation providing headaches for direct student loan program
College Press Service
WASHINGTON—The U.S. Educa¬ tion Department temporarily shut down part of its direct student loan opteration late last month in a move that may affect 70,000 students and undermine support for a federal program origi¬ nally designed to ease the stiident loan process.
The Education Department suspended new applications under the Federal Direct Loan Consolidation Program because of difficulties in processing an applications backlog ftom students and recent graduates. This program allows students with two or more loans to consolidate them into a single direct loan, often with the benefit of a lower monthly payment.
Under direct loans, the U.S. Treasury provides capital directly to colleges and universities, eliminating banks from the loan process. College stu¬ dents will continue to receive indi¬ vidual direct loans despite the suspen¬ sion, which affects only consolidations of existing loans. Education Depart¬ ment officials said. Critics of the direct loan concept were quick to seize on the suspension as evidence ofthe program's failings. "The department's failure to operate an efficient direct lending program is irresponsible," said Rep. William Goodhng (R-Pa.), chairman of the House Education and the Workforce Committee.
The Education Department pushed for the program as a less expensive, better
managed alternative to bank-adminis¬ tered loans.
"The program was touted as 'one-stop shopping' by [Education) Secretary [Richard] Riley four years ago," Goodling said. "Now, for some stu¬ dents, the program has become 'no- stop' shopping."
College students still may receive bank- administered loans, called Federal Family Education Loans (ITEL), a program that has continued following the launch ofthe direct loan program. The suspension will affecl aboul70,00() consolidation requests, said Stephanie Babyak, an Education Department
This program allows students with two or more loans to consoli¬ date them into a single direct loan, often with the benefitofa lower monthly payment
spokeswoman. EDS, a federal con¬ tractor administering consolidation loans, "did not anticipate the hands-on work necessary for the program," she said. "We've had a tremendous vol¬ ume of requests."
The suspension is more likely to affect recent graduates lhan current college studenLs, analysts .said. The mosl popu¬ lar time to consolidate loans is wiihin
six months of graduation, when stu¬ dents face their first major loan repay¬ ments.
Students generally seek a consolida¬ tion to merge several loans into a single repayment, said Larry Zaglaniczny, associaie director of the National As¬ sociation of Studeni Financial Aid Adminislralors in Washington, D.C. Consolidating through a direct loan has some advanlages compared to con- solidation through bank-generated loans, he said.
The main benefit is lhal students with direct loans can choose an income- contingent repayment, in which gradu¬ ates set payments in line with their post-graduate incomes. "Studenis generally do this for better cashflow and a lower monthly pay¬ ment," Zaglaniczny. said. However, there is a tradeoff^— a longer repay¬ ment period that leads to higher inter¬ est costs.
But for many graduates, the long-term costs are worth the short-term ben¬ efits. Consolidation "really provides the relief that many students require," Zaglaniczny added. But Zaglaniczny acknowledged the suspension comes at a bad time for the direct loan program. Congress must approve administrative funds to oper¬ ate the program, and lawmakers also are conducting a required review of the effectiveness of all grant and loan programs under lhe Higher Education Act.
Continued on page 3
Nathan Lambrecht/ Paisano Faculty and staff attend a reception, Sept. 15, welcoming (l-r) David Johnson, associate vice president for faculty affairs and thanking outgoing administrators, Brenda Claiborne and Daniel Hollas.
Students warned
of on-coming flu season
Courtesy ofthe American Lung Association
AUSTIN, Texas (Sept. 15, 1997)—As influenza season approaches, the American Lung Association reminds Texans that influenza is a potentially life-threatening contagious lung dis¬ ease that can be prevented wilh annual vaccination.
The Centers for Disease Control and Prevention (CDC) staled thai the 1997/ 98 fiu vaccine refiects the emergence in other countries of a new type A (H1N1) fiu strain. "From late Septem¬ ber through early March, all type A and B strains are updated by the Texas Depart¬ ment of Health on a monthly basis," an¬ nounced Jim Schuermann, Public Health Technician in Ihe Infectious Disease Epi¬ demiology Surveillance Division. "For this rea¬ son it is very important that laborato¬ ries accurately report the different sub¬ types."
"By searching al <htlp:// www.idh.texas.gov/nu.hlml>, anyone may electronically obtain this recent data. One also can be connected to the state web sile at <www.tdh,stale.tx.u.s/ > for all olher services provided by the Texas Department of Health", su;;- gested Robert D. Crider Jr., Directorof TDH's immunization Division.
W. Paul Glezen, MD, Professor of Pediatrics in the Microbiology depart¬ ment at Baylor College of Medicine in Houston states; " Traditionally there are approximately 80 percent Tyf)e A and 20 percent Type B cases found each winter. For the last several sea¬ sons and in February  ihrough March
1996, 88 percent ol thc national speci¬ mens tested were thc milder Type B. So. il is aboul lime for lhe Type A . the one lhal causes mcrcasc mortality, to reemerge."
"An ounce of prcveniion is dct'iniiely worth a pound ol cure when it comes lo gelling your, nual tlu shot." says Texas Thoracic Society Presentation, Kenneth Nugent. M.D "An influenza vaccination is aboul 70 percent effec¬ tive in preventing innucn/a and reduc¬ ing it's severity, and lis sate." To¬ gether, inllucn/a and pneumonia, are the fifth leading causes ol death among all Ameri¬ cans .
Anyone can be a fiu victim; however, high-risk groups are the most vulnerable. High-risk groups in¬ clude any¬ one over the age of 65, or anyone suf¬ fering from a chronic health con¬ dition or lung disease, such as asllinia, emphyseniaorulironiL hronchilis. ALso included in thc high-risk is anyone thai wishes lo avoid taking sick lime off from work, school or home. In addi¬ tion, members of the healthcare pro¬ fession are included in the high-risk category because oflhc volume of fiu patients trafficking through their of¬ fices.
THe prime time to get a llu shot is between October'I and November 15, before the llu season begins. In Texas, some physicians begin providing shots early in early September and may con¬ tinue offering the service Ihiough mid- December.
Ru shols are available at doctors'
Continued on page 3
A&E:
Lawrence Fishburn juggles actor, producer roles in 'Hoodlum' see pg. 6
Sports:
Intramural season begins soon. Are you prepared? see pg. 8
Features:
Nap Time!
Child Care Facility may be coming to UTSA. see pg.5
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