Thursday, February 13, 1986
Federal court
rules academics
before athletics
federal court jury Wednesday
awarded $2.57 million in back pay and
d images to Jan Kemp, a former English
instructor at the University of Georgia
who said she was fired for speaking out
against academic favoritism for stu
dent athletes.
The six-member U.S. District Court
jurv found that two Georgia officials
Vice President for Academic Affairs
Virginia Trotter and Developmental
Studies Director Leroy Ervin vio
lated Kemp's right to free speech by
demoting and firing her.
"This is primarily a victory for aca
demic integrity," said Kemp, who said
the award went "beyond my wildest
dreams."
Kemp testified that her reason for
filing the suit was to "clean up aca
demic corruption" at the school and
that she would be happy if she won only
$l.
The central question was whether
Kemp's demotion from English coordi
nator in the Developmental Studies
program and her later dismissal as an
instructor were in retaliation for her
protests against preferential treatment
of athletes.
But the trial became a forum on the
way student athletes were admitted,
graded and promoted at the school.
According to testimony, the univer
sity's admission standards were lowered
for revenue-producing athletes, some
athletes were promoted from the
remedial program even if they were not
meeting grade requirements, some were
offered individual instruction, and some
were given more than the usual four
quarters to get through the remedial
program.
University officials maintained that
preferential treatment was available to
any remedial student who needed it,
but that athletes had the greatest
needs.
State Attorney General Michael
Bowers said he had not decided whether
to appeal. The state has 30 days in
which to file an appeal.
The jury of five women and one man
deliberated IOV2 hours over three days
before delivering the verdict. Testimony
in the trial lasted five weeks.
The award included $79,680 in back
pay, $200,000 in compensation for men
tal suffering, $1 for damage to Kemp's
reputation, $1.5 million in punitive
damages against Trotter and $800,000
in punitive damages against Ervin.
A jubilant Kemp said she had not
decided what to do with the money,
although she planned to give some of it
to her church, Living Faith Fellowship
in Watkinsville, Ga.
Hue Henry, one of Kemp's at torneys,
was surprised at the size of the award.
"My first reaction was, 'Wow.' When
they started talking a million dollars, I
was ecstatic."
Pat Nelson, another of Kemp's
attorneys, said the verdict would have
far-reaching effects. "It was clear to
the jury this is not just a problem in
Athens, Ga.," he said.
"I think (the verdict) will encourage
teachers and discourage administra
tors to go to court," Nelson said.
Trotter said she was surprised by the
verdict and award. Ervin added, "I was
just disappointed." Both officials said
they planned to remain at Georgia.
Hale Almand, the attorney who rep
resented Trotter and Ervin, said he
believed inappropriate evidence had
been allowed in the trial, and that hurt
his case. "I had a sense that things got
out 01 bounds very early on," he said.
Daily Nebraskan
Page 21
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