A former Penn State assistant professor who is openly lesbian filed a lawsuit yesterday claiming the university discriminated against her based on gender, sexual orientation and opposition to her superiors' actions.
Filed by Constance R. Matthews, who court documents identify as a former on-campus advocate for diversity issues, the complaint is one of four discrimination lawsuits filed against the university in less than 18 months.
Matthews was an advocate for the Lesbian, Gay, Bisexual and Transgender community (LGBT) and gender equality, according to court documents. She taught in the College of Education from 1998 to 2005, when she was denied tenure by the university, according to court documents. Matthews assumed a fixed-term position from 2005 to 2006, and left Penn State when the term expired in June 2006, according to documents.
According to the complaint filed in federal court, Matthews alleges defendants Jerry Trusty, a member of her department's Promotion and Tenure Committee, and David Monk, the dean of the College of Education, unfairly passed over her qualifications for tenure. She is suing for monetary relief.
Matthews' attorney, Katie Eyer of Equality Advocates Pennsylvania, said Matthews was denied tenure because of what court documents called "concerns about her research." Eyer said that reason doesn't correspond to the positive responses Matthews received from objective outside reviewers about her work.
"I think it calls into question what is really at play here," Eyer said.
The lawsuit states that, to date, no female or openly gay or lesbian professor has been granted tenure within Matthews' academic program, Counselor Education.
Penn State spokesman Bill Mahon said the university would offer no comment on the pending litigation.
Matthews was "often critical" of Trusty and Monk in reference to their use of what she felt were discriminatory practices, according to court documents.
"If you threaten that whitewashed corporate image of Penn State, Penn State will get you back somehow, and it won't be pretty," said former Speak-Out President Ed Rowe.
In September, Penn State professor Beverly Lindsay, also a faculty member in the College of Education, filed a lawsuit alleging racism practiced by her employers. The case is now in mediation.
Eyer said she believes the number of recent complaints should make the university re-evaluate both its anti-discrimination policies and the extent to which they are being enforced.
"I think that it's relevant because it says something about the fact that the university is not doing all that it should to make sure these types of incidents don't happen," Eyer said.
The last high-profile case to center around LGBT issues at Penn State was the controversy surrounding women's basketball coach Rene Portland, who the university found in violation of its discrimination policy last April. The allegations were made by a former Lady Lion who said Portland discriminated against her because the coach believed she was a lesbian. The university's decision to not dismiss Portland from her position drew criticism from some.
"I do think that the fact that Penn State is aware of Rene Portland and her openly discriminatory comments... is relevant in creating a culture where that is perceived as acceptable," Eyer said.
Terrell Jones, Penn State vice provost of educational equity, said Matthews' complaint is "typical."
"Just because you have a complaint doesn't mean you have a finding." Jones said. "Anybody can file a complaint."
Jones added that it is normal for any large university like Penn State to face the number of complaints that the university has seen recently, though he said he could not remember a recent instance of a faculty member filing for discrimination based on LGBT issues.
Jones said he believes the school will launch an investigation into the complaint but, as of yesterday, one was not currently underway. He was unfamiliar with any issues involving Matthews in the past.
Affirmative Action Director Ken Lehrman did not return phones calls placed to his office by press time yesterday.
Former philosophy department head Mitchell Aboulafia filed a lawsuit in August 2005 because he said he was demoted when he attempted to report alleged discrimination in his department.
Joan Y. Summy-Long, a pharmacology professor at Hershey Medical Center, filed a lawsuit June 6 for what she claimed was 20 years of gender discrimination because she said she was denied raises in salary, positions, bonuses and other benefits compared to similarly situated males.

