Assistant professor claims discrimination

IU Northwest assistant professor Anne Balay has filed a legal complaint accusing the University of discrimination in their tenure process based on her gender and sexual orientation. 

Balay claimed the University denied her tenure and promotion, resulting in her termination at the end of this school year, because she is a woman and homosexual.

Balay applied for tenure and promotion to associate professor in fall 2012. Her department chair and dean rejected two different unanimous recommendations by faculty committees to grant her tenure and promotion. 

“My students love me, and I’m a good teacher,” Balay said. “I really couldn’t believe it.”
After seven years of employment as an assistant professor, a faculty member can apply for tenure and promotion to associate professor. Seven years after that, they can apply for full professorship, said Balay’s lawyer Roy Dominguez.

The IUN Faculty Board of Review will hear the case Wednesday.

Balay teaches five English courses and one course on gender studies and has been employed as an assistant professor for eight years.

The Indiana Human Rights Commission and the Federal Department of Education will begin administrative reviews in an effort to determine whether Balay faced workplace discrimination last year.

The Department of Education will review the University for both gender and sexual orientation discrimination.

Mark Land, associate vice president of public affairs and government relations at IU, said the University is aware of the complaint but has no comment at this time.

“We will respond to the DOE at the appropriate time,” he said.

Because the State of Indiana does not recognize sexual orientation
discrimination as a legitimate form of discrimination, the HRC will look for gender discrimination, Dominguez said.

“There has been much litigation and denial of tenures of women who go through the process of promotion and tenure,” Dominguez said. “We are disappointed that she was denied promotion and tenure because there is sufficient evidence to show that she should be promoted to associate professor.”

Dominguez said he is optimistic about tomorrow’s hearing.
 
A decision from the FBR is expected within the next 30 days, Dominguez said. If the board decides not to grant Balay tenure and promotion, Balay will have the opportunity to fight her case at the federal level.

“We are hopeful that we can convince the FBR she should be promoted to associate professor and granted tenure,” Dominguez said. “Whatever the FBR decides will be part of the investigations undertaken by the state agency and federal agencies.”

Follow reporter Hannah Alani on Twitter @hannahalani.