COURTS: UND lecturer sues over abrupt firing
By Tom Bryan
Herald Staff Writer
A former UND lecturer who said he was abruptly fired in September,
before being reinstated to his position and fired again in December,
filed a civil lawsuit Monday against the school and two of its
employees.
He contends he was dismissed and denied certain due process
rights because of his ethnicity.
Dr. Benjamin Thong, a naturalized U.S. citizen who left Vietnam
for the United States about 30 years ago, was dismissed from his
teaching position at the University Learning Center Dec. 27, school
officials said, when he failed to meet job performance standards and
refused to cooperate with Carolyn Delorme, the learning center's
former director. She took a new position on Jan. 1.
Monday, a Northeast Central District Judge in Grand
Forks ordered Thong reinstated to his position at UND pending a Jan.
30 hearing. The same day, UND placed him on paid leave.
Over the phone
Thong stated teaching as an "education
specialist" at UND in late August after he was hired by DeLorme
during a telephone interview. Thong claims DeLorme was
"shocked' to learn he was of Asian descent when she saw him for
the first time in late August, the complaint states.
However, a UND official said Wednesday, DeLorme's
working relationship was not affected by Thong's ethnicity nor did
she ever tell Thong she was surprised to discover he was Asian.
For reasons still unexplained, UND campus police were called to
Thong's office Dec. 27 as Thong was being fired by DeLorme. Thong's
termination ended in his being told by UND police Chief Duane
Czapiewski to leave campus and never return, the complaint states.
Thong and his attorney, David Thompson , of Grand Forks, claim Thong
was fired because of his ethnicicity-not his job performance-and
they said Delorme and Donald Piper, associate vice president of
enrollment management at UND were looking for a reason to "get
rid of him' from the day he arrived. This is the most
extreme example of mean-spirited, oppressive racism in an
educational setting that I have ever encountered in my professional
practice as an attorney," Thompson said Wednesday:"
(Thong) was bullied and brutalized (by UND officials)."
According to the complaint, Thong was first told he was "no
longer an employee" at the UND Learning Center on Aug. 29-the
first day of fall classes-after Thong failed to immediately show
proof of his U.S. citizenship. DeLorme temporarily canceled Thong's classes-six sections of arts and sciences 250-and
told Thong the department was seeking a replacement Thong said.
However, Thong was reinstated a few days later (although UND
officials claim he was not actually fired in September, but simply
not fully hired) after Thompson, Thong's attorney, spoke with Julie
Evans, UND general Counsel. Thompson presented to her
an original copy of Thong's naturalization certificate putting the
citizenship issue to rest, all parties agree. No
Animosity Evans
said DeLorme was following university guidelines when she asked
Thong for his citizenship papers in late August. "It
was the same procedure we would follow with any other person,"
Evans said. "There was no intent to suggest anything else was
wrong." Evans adamantly denied
that DeLorme, Piper any other UND official discriminated against
Thong. Evans said Thong was not a member of the faculty, he was
hired on "probationary status" and , therefore, was
afforded no due process rights when he was terminated in December.
"I assure you, there was no animosity toward Dr. Thong,"
Evans said. "He was terminated because of substandard
performance. (Thong) was hired to do many things here...Some things
he did. Some things he did not so well. And some things he never
did." According to an outline of
the responsibilities associated with his position, he was expected
to perform duties outside of his teaching responsibilities,
including tutoring, planning, and conducting workshops, developing
new materials, assisting in the evaluation of department programs ad
participating in curriculum development.
However, Thompson said, Thong's main role at UND was to teach and
advise students which he did adequately. Thompson said he believes
Thong deserves the same rights afforded to a full-fledged staff
lecturer. UND is going to try
to put a benign face on what happened last fall." Thompson
said. "But that's a bunch of junk. How can this sort of thing
happen in the year 2000 in Grand Forks, North Dakota.?" A
Police Search? As
alleged in the suit, Thong said he was sitting in his office, after
refusing to take part in an unexpected job performance evaluation,
when four people "barged" into his office.
The four people, identified as DeLorme, Piper, Czapiewski and
another "large unidentified man" surrounded Thong's desk
as Piper allegedly told Thong to "clean out your desk right
now." At that
point, Thong said, Piper and the others began "rifling through
his papers. Offended and afraid,
Thong said, he grabbed his briefcase and stood up to leave, but
Czapiewski allegedly grabbed his briefcase and searched it before
allowing Thong to leave the building (Evans declined to speculate on
why Thong's belongings were searched by police.) After
he was fired, Thong went to Twamley Hall, he said, and spoke with
Bob Boyd, vice president of student and outreach services. Again, as
Thong left the building, police were waiting for him, he said. Czapiewski
escorted Thong down a flight of stairs and out a side door of
Twamley Hall, where a police squad car was waiting. The chief opened
the door of the squad car and removed a black plastic bag that
contained all of Thong's personal belongings, according to the
complaint. Thong said
that Czapiewski handed him the bag and told him he would be arrested
if he ever came back to the UND campus, the complaint alleges.
Evans said UND has denied the allegations in the complain, although
she did not explain wy police were involved in Thong's firing.
Evans said no other UND employees are allowed to discuss the case at
this time. Northeast Central
District Judge Bruce Bohlman placed an injunctive measure on Thong's
case Monday, ordering that Thong be reinstated to his position as an
educational specialist at UND pending a determination of due cause.
A hearing is set for Jan. 30 at the Grand Forks County Courthouse.
The following are reprints from our discussion page. We reprint
them verbatim. Re: UND lecturer bringing a civil lawsuit
against UND
From: UND Instructor
Date: 11 Jan 2001
Time: 14:00:06
Comments
This is Julie Evans ( The UND general Counsel ) justice delux in
cooperation with the campus police . An obvious disguted joint
venture of stupidity and unfairness to further harm the reputation
of UND .
What did the campus police had to do with lecturer Thong ? Mr.
Thong did not refuse to leave his office at UND . Mr. Thong was
justified in asking for an appointment with administrator Boyd when
he was fired without notice and after a local Judge reinstated him .
Instead , the campus police escorted him out of the administration
building ( see page 6A of Herald's article ) . Why did the police
threatened Mr. Thong of arrest if he came back to the campus again ?
The campus is a public state owned property and any one can walk
throw it . This is not the first time for julie to use the police
for her agenda . President Kupchella should wake-up and dismiss the
lawless UND general counsel who was appointed without abiding by
affirmative action requirements or consideration of her lack of
legal experience .
Re: UND lecturer bringing a civil lawsuit
against UND
From: UND Associate Professor
Date: 11 Jan 2001
Time: 15:21:49
Comments
To remove any employee , who was fired without notice , from
his/her office is a shame and is in violation of academic freedom if
they are faculty , including instructors and lecturers like Benjamin
Thong. 2nd. the involvement of the police was uncalled for ans is
illegal in view of lack of physical violence. 3rd. the eviction from
office is against the Judge order to reinstate the instructor .
Obviously , the police violated the order by the district Judge ?
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