The trial date for a former University of Wisconsin-Whitewater dean who claims his demotion was the result of discrimination was postponed by mutual request from both the defendant and prosecutor.
The original trial date was set for Jan. 4, according to Andy Nolan, clerk of the office of United States District Judge Joseph Stadtmueller, who is hearing the case. The trial is now set for Feb. 8.
Robert Kasieta, the attorney representing former UW-Whitewater dean Howard Ross, said it is a relatively short time for a postponement and his client was trying to be accommodating by agreeing to postpone.
“Literally, it boils down to one of the two lawyers is on paternity leave,” said Bill Cosh, spokesperson for the Department of Justice.
Nolan said procedures like this are nothing out of the ordinary, and it is common for attorneys to be subject to schedule conflicts.
Kasieta said UW System’s audit — conducted on the credit card Ross was allowed to use for small business related items at the cost of the university — subjected Ross to racial discrimination.
Kasieta pointed to flaws in the audit from 2006 and said a sign of discrimination was that only black deans at UW-Whitewater were audited.
He added another indication of racial bias in the audit was a comment made by one of the auditors, who said “if the black deans were all honest like Michael Jordan,” there would be no need for audits.
Kasieta said he was not at liberty to say what Ross, now a professor at UW-Whitewater, wanted to receive from the case.
According to Nolan, the period between the postponement and new trial date will be used to gather witnesses and evidence. Nolan also stipulated Ross was bringing to trial a violation of his civil rights.
State Attorney General J.B. Van Hollen is representing the UW System in the case. Cosh declined to comment on the ongoing litigation of the case.
UW-Whitewater officials also declined to comment.