Friday

March 13, 1998

Jury finds for CSUS in civil suit

CSUS was found not liable yesterday in the $1.5 million wrongful termination suit brought by former Multi-Cultural Center director Suzanne Brooks.

"It was a difficult decision," said Henrietta Peterson, the jury's forewoman. "We gave it very fair consideration and we all voted to the best of our ability."

The jury deliberated for about six hours on two special verdicts -- whether CSUS unlawfully discriminated against Brooks by terminating her employment, and whether CSUS terminated her in retaliation for her involvement in the student discrimination complaint process.

Eleven of the jurors answered no to the first question; 10 answered no to the second. Unanimous verdicts are not required in civil cases.

"We feel for her, as we all would if we were in her position. But we had to vote on the evidence," Peterson said.

Brooks and her attorney, David Brown, left the courthouse immediately after the verdict was read.

"Naturally, I was disappointed," Brown said later. "We feel there was insufficient evidence to support the jury's verdict."

Brown said he and Brooks are considering filing an appeal and a motion to set aside the jury's verdict.

Brooks sued the university for firing her in September 1995, after she had worked five years as the Multi-Cultural Center's first director. She contended her termination was motivated by racial and sexual discrimination.

However, CSUS' attorney, Deputy Attorney General Robert Cross, argued that administrators rightfully terminated Brooks after she took a medical leave of absence that lasted 18 months. Testimony from CSUS faculty members and administrators -- including President Donald Gerth -- supported the importance of having a permanent, full-time director at the Multi-Cultural Center.

"I feel the jury reached a just verdict -- the only one they could have reached," Cross said. "I feel sorry for Ms. Brooks and I wish her well." Brooks was granted medical leave for stress in May 1994 after allegations broke out that she was misusing the Multi-Cultural Center's funds. During that time, the State Hornet ran a series of stories about allegations that Brooks loaned money from the center's fund to students for traveling purposes.

In her second appearance on the stand, Brooks choked back tears Wednesday as she told of the distress and hopelessness she has suffered. She was especially emotional after her attorney asked when her feelings of anxiety began.

"Since March 22 (1994,) in particular, when I saw half the (student) newspaper committed to bringing me down," Brooks answered. "Each time I saw myself on the front page of the paper ... I didn't know how to combat that."

In his closing arguments, CSUS' attorney reminded jurors that Brooks' supervisor, former vice president for Student Affairs George Wayne, gave her outstanding job performance evaluations even though he disagreed with her use of funds.

Furthermore, Cross said, a university audit of the Multi-Cultural Center in April 1994 found no illegal conduct by Brooks.

The plaintiff's attorney, however, cited Brooks' dispersal of Multi-Cultural Center funds as just one of the motivating factors for retaliation against her by the university. In his closing arguments, Brown referred to three instances of protected activities for which CSUS allegedly retaliated against Brooks:

"One was the filing of an informal discrimination complaint," the attorney said. "The second was the filing of a formal complaint by Brooks. The third was the communication by Brooks of discrimination complaints to administrators on behalf of students."

It was the third protected activity that led to the majority of retaliation by the university, Brown argued.

However, CSUS' attorney countered that Brooks went outside her job description by soliciting discrimination complaints from students.

One activity cited repeatedly during testimony was an instance in which Brooks sent a white student and a black student to the health center with the same application for a student assistant job.

Brooks alleged that the student job applicants were treated differently by health center staff members, and charged the director of the health center with being discriminatory.

The health center director said she was offended by Brooks' "sting operation," according to Cross. CSUS' attorney argued that Brooks' own actions probably contributed to the lack of support she perceived from university employees. Racial and sexual discrimination, he said, were not.

"Somewhere along the line, she's lost contact with the way people perceive reality," said Cross in his closing arguments. "Wayne (Brooks' former supervisor) is African American. How in the world can he discriminate against Brooks?"

Cross also asked how another former administrator named in Brooks' original lawsuit, Mernoy Harrison, could discriminate against Brooks since he, also, is black.

Wayne and Harrison, along with Gerth and a number of others, were dropped from the suit at the beginning of the trial. CSUS would have been the only entity held liable if Brooks had won her case.

Labor draws majority of ASI garden funds

The Associated Students Inc. Community Gardens program spent more than 78 percent of its total $15,450 in revenue on the salaries of its two part-time directors alone in the last 20 months. Of that $15,450, over $11,000 came from the ASI budget.

ASI presidential candidate Gary Davis has pinpointed the Community Gardens as one of the ASI programs he would like to re-examine.

"In my opinion the community gardens is a good thing for our university to have, but the fact of the matter is that we are dealing with a limited amount of student funding and we should spend that money in the most effective way possible," said Gary Davis.

Davis went on to say that he isn't out to cut the gardening program, but there should be some determination to see if this is an important service that the student body needs.

Co-directors David Shorey and Theresa Childers have been paid more than $12,160 to run the Community Gardens, a non-profit program for people to grow food for their own recreation.

The co-directors said they put in a combined 30 hours a week working specifically on managing the gardens. However, according to Tim Davis and other gardeners recent rains has limited the amount done lately.

"This is a program that provides students with the opportunity for real life issues, part of which is working with members of the Sacramento community, both on and off campus. Its an educational opportunity that serves to provide a positive image of the university," Shorey said.

Childers explained the reason for having two directors -- for a program previously managed by only one -- is that it allows more than one person to gain experience.

The directors are responsible for coordinating a group workday once a month, supervising mowing and garbage collection, as well as holding promotional events such as the Harvest Festival.

ASI director for undeclared students and ASI presidential candidate, Dan Freschi, spoke favorably of the gardens.

"Of course I support continued funding of the community gardens; it's an educational program," Freschi said. "It's one of the best-running programs we have in ASI. Having two directors is perfect. If one of them can't get something done than the other one can pick up the slack."

The gardens are located adjacent to the university recycling center. The program has involved about a dozen students in the past two years.

Rent is charged annually. Students pay $25 per year; alumni, faculty and staff pay $30 per year; and members of the community pay $35 per year. Currently 32 plots are being cultivated, five by students.

"This is my second year here and I am planting burdock -- a root -- and mountain potatoes," said Kay Sakakihara, a retired county worker. "It's kind of a hobby for me. I enjoy giving the food to people, mostly seniors and good friends." He grows a variety of vegetables on the plot he rents year round.

Gardeners provide seeds and labor. The gardens are solely organic in nature and the use of pesticides or chemical fertilizers are forbidden. A volunteer master gardener assists in answering any gardening questions.

"The ASI board should spend student money in a more concerted effort to get more students involved in the garden," said Ann Feraru, a retired professor and now a CSUS part-time student. She grows tomatoes, cucumbers, corn, melons and peppers on a plot.

Feraru said Shorey and Childers pitch right in on the group workday mowing grass, composting and pruning with the rest of them.

ASI has leased the land near the University House since 1976. The university charges ASI $45 per year.

$22,000 fine for loss of cameras unlikely

University property has been stolen and a means for recovering its cost exists. But in the case of 36 stolen security cameras, a fine will probably not be levied, says one administrator.

Ronald Grant, director of support services, said it is was likely no one will be held responsible for the loss of the cameras from the campus parking structure. "I doubt it very seriously," Grant said.

According to university rules, CSUS could recover more than $22,000 if a hearing committee decides that a fine for gross negligence is warranted. The Property Survey Board, a committee each university is required to have by the chancellor's office, decides whether or not the loss of university property is due to "culpable negligence." If it is, the penalty can get personal.

"The procedure is to invoice the individual for the loss of that equipment," said property supervisor Tomas Lopez.

Lopez said the procedure could be used to fine university administrators for the security camera thefts. The thefts have occurred periodically since September, primarily over winter break.

The fines, Lopez said, are not determined by the amount the university paid for the item -- in this case, $615 for the cameras and mounting equipment -- but the fair market value. In other cases the board has heard, such as a lost musical instrument, the value was set over twice what the university paid.

"It applies to anyone. It's up to the survey board to determine if negligence is involved. And then they will be billed," Lopez said.

The Property Survey Board is made up of Grant, University Police spokesman John Hamrick and Donna Broughers, manager of accounting services. A secretary also attends the meetings to take minutes, Lopez said.

Property accounting is a division of support services, which also supervises UTAPS. According to Lopez, everyone -- students, faculty and administrators -- needs to be aware of his or her responsibility to protect university property.

"The minute you miss something, research it. Once you know no one has moved it, report it stolen," Lopez said.

Until Lopez's office receives an official notice of property theft, he cannot file a property survey report. The reports are turned over to the property survey board for review.

Completion of the property report for the stolen cameras has been delayed because the university needs the cameras' serial numbers. The university is awaiting a callback. The serial numbers should have been on file with property accounting in accordance with university regulations, Lopez said.

ASI director questions garage security

The theft of $22,000 worth of cameras is a serious issue for students, according to at least one student government leader.

"Something needs to be addressed," said ASI Vice President for University Affairs Brian Cooley said. "It's unacceptable for students."

During the past few months, primarily during the winter break, 36 of 50 security cameras were stolen from the university's parking garage.

Discussions about replacing the cameras continue between business affairs manager Ed Del Biaggio, support services director Ronald Grant and transportation and parking manager Nancy Fox, Grant said. No options, including total replacement, have been ruled out, he said. He did not have a time frame for completion.

Grant said the cameras were all stolen prior to UTAPS moving to Foley Hall in January -- outside office hours; late at night and on weekends. Grant said security has not been a concern, adding that the police department does a good job of watching all parking areas, including the garage.

"It is no greater a responsibility to have cameras now than at any other time," Grant said.

Cooley disagrees with the assessment that the cameras are not important to safety in the garage.

"They aren't there for decoration," Cooley said.

Fox said in February that she felt the cameras were providing a sense of security that was not present in the garage. Fox also said UTAPS provides parking and access to campus and is not a security service.

Grant said that security is not an issue in the parking garage.

"The garage is a parking lot just like all the others," he said. "It is a safe environment."

John Hamrick, spokesman for the University Police, said that since February 1996, police officers have been to the garage 1,400 times. Those trips include regular patrols and citizen assists.

Using Hamrick's figures, over a period of two years, police would make one to two trips into the garage each day.

"There are not a lot of crimes on campus," Grant said. "You would see there is nothing unusual going on."

Cooley said he is concerned about the level of safety in the garage. He used to drop off students as part of the night shuttle program that UTAPS operates, and remembers seeing lone cars on the upper floors, wondering about their vulnerability.

"You assume someone on the other end is watching," he said.

Cooley said he would consider bringing a motion before ASI's board of directors meeting on March 25 to discuss the issue. He said he would like the camera issue dealt with soon.

"It's a bigger issue of university accountability," Cooley said.

Grant said, "It's an issue of perception, not reality. We've been operating the garage under the same conditions since 1991."

One Card up and running in Library

CSUS' new One Card -- replacing students' old IDs -- has improved the way the Library Media Center does business, according to supervisor Sharon Kelly.

Kelly said the One Card enabled the center to tie its collection to the Eureka Circulation System while interest was high.

"The One Card really expanded our horizons," Kelly said.

The center was using the reservation system Media Minder and was required to hold a student's identification in order for items to be checked out.

Media Minder was cumbersome and did not allow for efficient tracking of overdue items, Kelly said.

She said with the old system they were lax in collecting fines but now they can spot overdue items easier and start accumulating the dues.

Late dues are 25 cents per hour per item, with fines topping at $10 per item.

"We want the stuff, not the money," Jones said.

Judy Jones, department head at the center, said her institution was motivated toward the One Card because it no longer wanted to hold IDs or One Cards.

Department head Judy Jones said her institution didn't want to hold cards because it did not want to be responsible for the funds on the card. Furthermore, the One Card does not display the Social Security number of the cardholder.

The One Card allows the center to scan the item, and the bar code identifies the student.

Over $1,500 was used over winter break to hire student assistants to bar-code the center's entire collection. This includes some 10,000 titles -- CDs, videotapes, educational films, rocks and bones.

"We are 95 percent done," Jones said.

Police Log

SUNDAY, FEB. 22
FALSE ALARM: A fire alarm was pulled in Jenkins Hall.
SUSPICIOUS CIRCUMSTANCE: Two men were going through the Science Building's dumpster. The men were known to the officer and checked out OK.
SUSPICIOUS CIRCUMSTANCE: A transient was lingering around the first floor of Lassen Hall.
MESSAGE DELIVERY: An emergency message was delivered to the Library.
INCIDENT: Rugby players and their families apparently trashed the parking lot by leaving trash and cans in the area, and messed up the men's restroom in the Business Building. There was mud on the walls and the floor was flooded.
DISTURBANCE: A group of four boys was throwing rocks at people passing by. Two boys were in custody and two ran away.

MONDAY, FEB. 23
NOISE COMPLAINT: A group of fraternity members near the levee were making noise. Noise complaints were also received near H Street bridge. They returned to Lot 4 and were advised to disperse.
NON-INJURY ACCIDENT: A Food Services electric cart was involved in an accident with a Round Table Pizza vehicle. Both vehicles had minor damage.
PETTY THEFT: A Casio cash register, extension cord and $30 of candy were taken from a Coca-Cola trailer rented by the Foundation near the baseball diamond. Total losses were placed at $215.
PETTY THEFT: A pair of prescription glasses valued at $300 was taken from the south wing of the third floor of the Library.
HIT/RUN: A parked Nissan Stanza was sideswiped on the rear bumper by an unidentified blue vehicle in front of Desmond Hall.
AUTO BURGLARY: A gray 1990 Toyota was broken into in Lot 4. Coffee was spilled on the interior and a parking decal was missing.
ILLEGAL PARKING: A yellow Toyota rolled and hit a gray Ford Thunderbird east of the Health Center.
ILLEGAL PARKING: A blue Chevy was abandoned at the stop sign in the parking garage and was blocking traffic.

TUESDAY, FEB. 24
GRAND THEFT: Miscellaneous computer equipment valued at $90 was taken from room 3001 of Solano Hall.
BURGLARY: A Canon typewriter valued at $100 was taken from an office on the fourth floor of the Library.
TRAFFIC ACCIDENT: A white Dodge was involved in a non-injury accident with a white Pontiac on Stadium Drive at State University Drive. Both parties exchanged insurance information.
SUSPICIOUS CIRCUMSTANCE: A camper door was ajar in Lot 8. The area was checked and there was no occupant found. The camper door was secured.
WELFARE CHECK: A woman was threatening to injure herself near the Speech/Drama Building after having an argument with her boyfriend. She agreed to seek counseling and her friends took her home.
WELFARE CHECK: A 23-year-old woman was non-responsive in the first floor restroom of Draper Hall. Her friends reported she drank a third of a bottle of vodka. Her vital signs were fluctuating. She was taken to Sutter General Hospital to have her stomach pumped.

WEDNESDAY, FEB. 25
PETTY THEFT: A five-speed bike valued at $60 was stolen from the front of the Engineering/Computer Science Building; $10 worth of damage was done to the lock.
AUTO BURGLARY: The passenger-side door of a 1990 Honda Civic was lock-punched in Lot 8. The AM/FM Sony stereo and Pioneer speakers valued at $602 were taken.
BURGLARY: An Hewlett Packard laser printer valued at $450 was taken from the Business Building.
AUTO BURGLARY: Stereo equipment and a radar detector valued at $800 were stolen from a 1986 Toyota pickup in Lot 8.
AUTO BURGLARY: Registration papers and stereo equipment valued at $195 were taken from a Honda Accord when the driver-side door was pried with a screwdriver.
TRAFFIC ACCIDENT: A 1998 Capitol City Auto Toyota pickup collided with a 1986 Cutlass on State University Drive when the driver of the Toyota took his eyes off the road. The driver of the Cutlass reported neck and head pain and was taken to Mercy General Hospital.
NOISE COMPLAINT: Loud drumming was reported near the stadium and parking garage. Police were unable to locate the source of the noise.
NOISE COMPLAINT: Fraternity members were chanting on the bike trail near the dorms and had already dispersed upon officer arrival.

THURSDAY, FEB. 26
WELFARE CHECK: A professor did not show up for class and El Dorado County sherrifs did a welfare check, finding the professor to be OK.
SUSPICIOUS CIRCUMSTANCE: Two men involved in a possible auto burglary ran from a campus police officer and were not located.
AUTO BURGLARY: A 1988 Honda Civic was broken through the driver-side door in Lot 2. A Sony Car Stereo valued at $250 was stolen.
AUTO BURGLARY: A 1986 Honda Prelude's window was smashed in the residence hall parking lot. Stereo equipment and CDs valued at $265 were taken.
PETTY THEFT: The driver-side mirror of a Chevy S10 pickup was stolen.
RECEIVED STOLEN PROPERTY: A student was arrested for possession of a stolen parking decal.
GRAND THEFT: An unattended backpack was stolen from the Library media center. Items included foreign currency, clothes and other miscellaneous items valued at $845.