Ross sues UW System for racial discrimination

Howard Ross, former dean of the College of Letters and Sciences, has filed a federal lawsuit against the UW Board of Regents alleging racial discrimination as the motive behind a comprehensive audit that led to his termination, a charge UW-Whitewater officials and the Board of Regents have denied.

The complaint says the audit, which purports Ross used university funds for illegitimate personal purchases, was initiated and conducted in a manner that "intentionally or recklessly accused Dr. Ross" because he is black. The university has stated it is seeking reimbursement amounting to over $117,000.

Ross, who remains a tenured faculty member, is seeking compensation for loss of income, punitive damages, reimbursement for court and attorney's fees and any additional relief insisted upon by the court, the complaint says.

Ross declined to personally comment.

The complaint names the UW Board of Regents, former Chancellor Martha Saunders, former Vice Chancellor James Freer, Provost Richard Telfer and then-internal audit director Indra Mohabir-Engstrand as defendants.

Attorneys representing university officials filed a counter claim on April 9 disputing various facts and allegations enumerated in the complaint. It is seeking dismissal of the complaint along with reimbursement for their own legal fees, though it does not demand recovery of misspent funds in a specific amount, instead asking for "judgment on defendant Board of Regents' counter claim in an amount to be proven at trial."

An April 19, 2006 report states Ross was first notified of discrepancies in 2000 after a campus-wide review of procurement card usage. The cards allow administrators to make university-related purchases at their discretion as allowed by policy.

"Literally for years the university has said that it was auditing and reviewing Dr. Ross' records," said Robert Kasieta, an attorney representing Ross. "But there was no action until Dr. Ross first asserted his rights. One must ask how sincere the university is and whether the university honors the public trust by doing nothing to collect its allegedly lost funds except as a ploy to try to discourage Dr. Ross from asserting his rights in a court of law."

An investigation by the state Equal Rights Division previously found no basis for Ross' claim of discrimination.

Interim Chancellor Richard Telfer and attorneys representing the other university officials were not available for comment.