Monday, December 1, 2008

Fired professor claims harassment by Daytona State College

By MARK HARPER
Staff writer
View article from the Daytona Beach News Journal at http://www.news-journalonline.com/NewsJournalOnline/News/EastVolusia/evlEAST04112808.htm

DAYTONA BEACH -- A fired Daytona State College professor intends to sue the school, claiming he was mistreated after urging union representation.

Nicholas Ruiz III, who until October was an associate professor of humanities, will ask for almost $1.5 million in lost wages, compensatory damages and punitive damages, according to court papers.

In documents, he describes "a hostile work environment," negligence, retaliation, harassment and defamation of his reputation, among other issues.

Rand Spiwak, the college's executive vice president, declined Tuesday to comment on Ruiz's allegations.

In the documents, Ruiz includes an e-mail he circulated among faculty members Oct. 23 in which he suggests "it is time" Daytona State's faculty have the United Faculty of Florida represent the faculty in collective bargaining. The college has an inactive, "at-large" chapter of the UFF whose president, Jerry Swanson, recently retired.

A week after Ruiz sent his e-mail, on Oct. 31, college President Kent Sharples fired the second-year professor.

English Department Chairman Evan Rivers and Michael Vitale, dean of the College of Arts and Sciences, told Ruiz on Oct. 21 they were recommending his termination because of his refusal to meet with his supervisor and unwillingness to cooperate and work within the college's collaborative environment.

Ruiz denied refusing to meet with his boss. Ruiz contends Rivers asked him to understate his professional goals and activities on a form designed to determine his future employment, tenure and compensation because "he would not like to have the extra work of ensuring that I accomplished all the goals I had listed."

Rivers refused to respond when Ruiz complained the request violated the college's code of conduct and ethics, Ruiz said.

mark.harper@news-jrnl.com