HispanicVista Columnists

The Associated Press

A former Clemson University Spanish professor has sued the school in federal court, alleging a pattern of discrimination and harassment taken against Hispanic members of the school's Languages Department.

Gloria Bautista, now living in New York, lost her tenured full professorship in November 2006. That decision "constitutes illegal discrimination against the plaintiff on the basis of her race and national origin," according to the suit.

In the suit, Bautista said she was paid significantly less than non-Hispanic professors of comparable rank and tenure; she was repeatedly denied research opportunities and sabbaticals; and that she was repeatedly denied opportunities to supplement her income by teaching summer term courses.

Bautista also was repeatedly harassed and reprimanded for violating minor rules like failure to complete travel forms while the same actions from other professors were ignored, according to the lawsuit.

Her attorney, Melvin Hutson, said in a telephone interview that Bautista has also filed suit against Clemson in state court, allegedly an illegal termination of her tenured position.

Bautista worked at Clemson for 16 years, eight of them as a full professor with tenure rights, Hutson said.

Bautista is asking for punitive damages, attorney's fees, and compensation for lost and future pay. Hutson said no figure has been placed on those damages at this time.

Clemson spokeswoman Robin Denny said she had not seen the lawsuit and a message left for a university attorney was not immediately returned.


Martin v. Clemson University et al
Plaintiff:
Norma Corrales Martin

Defendant:
Clemson University, James Barker, Dolores Helms, Janice Schach, Judy Melton, Stephanie Barczewski, Constancio Nakuma, Paula Heusinkveld and Joni Hurley

Case Number:
8:2008cv00354
Filed:
January 31, 2008

Court:
South Carolina District Court
Office:
Anderson/Greenwood Office [ Court Info ]
County:
Pickens

Presiding Judge:
Honorable G Ross Anderson Jr

Referring Judge:
Magistrate Judge William M Catoe

Nature of Suit:
Civil Rights - Employment
Cause:
42:1983 Civil Rights Act
Jurisdiction:
Federal Question
Jury Demanded By:
None

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
NORMA CORRALES MARTIN : CIVIL ACTION

CLEMSON UNIVERSITY; JAMES :
BARKER; DOLORES HELMS; JANICE :
SCHACH; JUDY MELTON; STEPHANIE :
BARCZEWSKI; CONSTANCIO : NO. 07-536
NAKUMA; PAULA HEUSINKVELD; :
and JONI HURLEY :

MEMORANDUM

Baylson, J. December 20, 2007
I. Introduction
Plaintiff, Dr. Norma Corrales Martin, (?Dr. Corrales? or ?Plaintiff?) has filed a Complaint
alleging that her former employer, Clemson University (?Clemson?), and several Clemson
employees (?Clemson employees? or ?individual defendants?), discriminated against her because

she is a Hispanic woman. Clemson and its employees (collectively ?Defendants?) have moved to dismiss the case for lack of personal jurisdiction and improper venue. Alternatively, they request a transfer of venue. For the reasons discussed below, this Court grants Defendants? motion to dismiss for lack of personal jurisdiction. The Court will also transfer the case to South Carolina.

II. Brief Factual Background and Procedural History

According to the pleadings, in April of 2005, Dr. Corrales was denied tenure at Clemson University, located in South Carolina. As a result, on May 16, 2005, she initiated internal grievance proceedings at Clemson. In July of 2005, before the grievance process was complete,

Dr. Corrales left South Carolina to pursue an employment opportunity in Philadelphia. She now resides in Philadelphia.

Dr. Corrales filed her Complaint on February 7, 2007. See Doc. No. 1. Defendants moved to dismiss for lack of personal jurisdiction and improper venue on May 30, 2007. See

Doc. No. 5. Defendants moved, in the alternative, to transfer venue. See id. Following an unrecorded telephone conference with counsel, this Court allotted Dr. Corrales 30 days in which to conduct jurisdictional discovery and file a supplemental brief on personal jurisdiction. See

Doc. No. 13. Dr. Corrales submitted the supplemental brief on October 31, 2007, see Doc. No.15, and Defendants responded on November 9, 2007. See Doc. No. 16.

III. Complaint

According to the Complaint, Clemson employed Dr. Corrales as a lecturer and then assistant professor of Spanish from August 1997 to May 2005. Plaintiff alleges that she was paid less, worked at a lower step of the pay grade, and had heavier work loads that similarly situated Caucasian males. See Compl. ¶ 25. Plaintiff further alleges that she was never awarded a merit raise while Caucasians and males were awarded such raises. Id. Also, according to the Complaint, Dr. Corrales applied for support grants from Clemson on three separate occasions; however, her grant applications were denied while those of Caucasian males with less seniority were approved. See Compl. ¶ 26. Dr. Corrales alleges other examples of workplace discrimination, see e.g., Compl. 27-30, 32, culminating in Clemson denying her tenure and creating a hostile workplace environment. See Compl. 35-54.

Dr. Corrales also alleges that Clemson illustrated a pattern of discrimination against Hispanic employees, women, women of foreign birth and blacks. See e.g., Compl. ¶¶ 55, 61, 65-70. According to Dr. Corrales, the pattern of discrimination continues today. See Compl. ¶ 74.

Dr. Corrales alleges that because of Defendants? discrimination, she experienced physical, emotional, and economic harm. See Compl. ¶¶ 75, 77-79. She further alleges that the discrimination forced her to move from South Carolina, where Clemson is located, to Philadelphia, Pennsylvania, where she was offered new employment. See Compl. ¶ 78.