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Reza Rezazadeh v. University of Wisconsin System

Dr.Reza Rezazadeh

(B.S.M.E., LL.B., J.D., LL.M., PH.D., S.J.D.)
Professor and Fulbright Scholar

Re: Reza V. UWS

Friday, March 07, 2014

Dear President Cross:

I am a Professor Emeritus at the University of Wisconsin-Platteville. I am contemplating to bring legal action against Mr. Robert G. Cramer, Vice Chancellor, and necessarily, the University of Wisconsin-Platteville, as his employer, for actual and punitive damages relevant to his illegal actions against me and abuse of power through his official capacity as the agent of the UW-P. I am also planning the same against Chancellor Dennis Shields for the abuse of power, discrimination and covering up the misdeeds of his Vice Chancellor and stopping the process of administrative adjudication and depriving me from being heard through prescribed procedures established by the UWS code relating to this process.

This is an important civil rights case with national implications affecting all institutions of higher education. I feel obligated to submit it for your consideration while contemplating and preparing for legal action. Six pages of relevant and indisputable documents are attached. I feel utterly uncomfortable to take this action against the institution I love and am so much part of it. Since you may not know me, I feel a need for a very brief background presentation.

Professor emeritus at the University of Wisconsin System and a Fulbright Scholar, a multi-disciplinary, multi-cultural, and multi-lingual scholar with background in Mechanical Engineering (B.S.M.E.); Continental and Islamic Law (Licentiate equivalent of LL.B.); J.D. in American Jurisprudence; LL.M. in International Law and International Economics; Ph.D. in Political Science, Economics, and Administrative Science, and Doctor of Juridical Science (S.J.D.), the highest law title offered in U.S., in Comparative Law. Fluent in five languages: English, French, Spanish, Persian and Azeri-Turkish, reading and elementary knowledge of Arabic and Urdu. Patented inventions; an artist (oil, acrylic and pastel); a published poet; a musician (violin and Persian tar); with over 35 years of academic background in teaching and administration (32 at the UW-P), with research and cultural studies in many countries in Europe, USSR, Middle East, Central Asia, North Africa, Central and South America; author of nine books and many scholarly articles, some listed in http://ezinearticles.com/?expert=Dr._Reza_Rezazadeh. Information about my books and the text of most of my articles can be found in my website www.democracywhere.com, which is visited and used worldwide by millions (recent count is over 36 million) .

I am a societal philosopher and the author of the scientific theory of Technological Democracy. After Karl Marx I am the only societal philosopher in modern times.( See my articles “Communism Misunderstood in America: A Perfect Democracy Though Utopian) My theory, based on the scientific application of the principle of Equality of Opportunity, automatically establishes a just and fair society affecting all aspects of daily life guarantying personal freedom, full employment, free education, free health care, and old age benefits all under private control The title of some of my books are : Technological Democracy: A Humanistic Philosophy of the future Society, 1990;Technodemocratic Economic Theory: From Capitalism and Socialism to Democracy, 1991; Iraq and Democracy: A Futuristic Perspective,1994; Passage to the Heaven: The Secrets of the Universe, Life and Happiness, 2002; Passage to A Just Society: Secrets of Democratic Life and Happiness, 2003; Dreams and Realities: Our Daily Dreams, Our Daily Life (Poems),2004; We the People: Democracy as A System, 2010 (First Edition), 2014(Second Edition). This is actually a guidebook for revolutionaries here and the rest of the world as to how to organize to peacefully overthrow their government and replace it with a just and fair system I call Technological Democracy which is presented in a highly simplified form.

Employed in 1961 as an Associate Professor of political science; creator and chairman of Political Science Department, 1963-1983; creator and director of the Institute of Public Affairs and chief editor of its biannual publication Public Affairs Forum, 1964-1981; In 1964, the main contributor to reorganization of the administrative structure and academic programs of the university by the Reorganization Committee headed by Dr. Longhorn. The intention was to create a democratic process which continues up to the present disturbed only, in 1974, by five initial colleges reduced to three because of the lack of finance; creator and the initial director of International Studies Program in 1966; creator and the initial director of Criminal Justice Program in 1967; creator and the initial director of Women’s Studies Program in 1972; partially retired in 1994 and fully retired in 2000.

Brief of facts: In late April, 2012, I placed an advertisement on the university student job market list, known as Jobs Board, administered by the Financial Aid Office, to hire a student as my research assistant and office clerk. Along with several applicants, Miss Cadlitz had also applied. On March 2, I responded and invited her for an interview; on March 4 she asked for such arrangement. On March 4 I e-mailed her that I have a couple of applicants ahead of her but would interview her. On March 6 I received an e-mail from Mr. Cramer that Miss Cadlitz has complained about the content of my e-mail as being improper. He stated that he has ordered my advertisement be taken out of the job list. In further correspondence, without giving any cause for his action and without giving consideration that I was 96 years old and hardly could move around, he continued to keep my advertisement off the list. In my opinion the following are some of his abuses against my individual rights and worldwide reputation:

  1. Denying me equal opportunity right to have access to the student job market, administered by Financial Aid Office, by taking my name and notice of searching for a research assistant off the posted list, without any justifiable cause, and not to place it back despite my repeated explanations of my intentions and request for cause or expression of any reason for depriving me of my free speech rights in advertising.
  2. Implying sexually abusive intention from my part seeking woman to hire rather than man, amounting to sexual harassment against me, also causing discrimination in employment on account of sex
  3. By blocking my add from reaching job seeking students I have been deprived from my right to freedom of speech in advertising under the First Amendment to the U.S. Constitution..
  4. By ordering me not to contact a job seeking student who had requested an interview, Mr. Cramer has violated my freedom of contract right under the state, federal laws and the U. S. Constitution and also discriminated against Miss Cadlitz’s freedom of choice in making contractual agreement.
  5. Causing humiliation and harming my reputation for honesty, dignity and integrity on the campus with decades of honorable administrative and academic services, in the community, nationally and worldwide where millions visit my website (over 36 million at the present) www.democracywhere.com, and read my books and other publications. They do so not only because of my scholarly achievements for a fair and just society and better human life that they are looking for but also because they find my work honest, impartial, dignified and trustworthy.
  6. Despite the university being an equal opportunity institution, he has been treating female students as a second class citizens or not being qualified to negotiate contractual agreement with outsiders based on their own free choices. He would not have taken my ad from the job list if I had expressed my interest only in male students. It seems a clear discrimination against women’s rights. Some female students have expressed to me about discrimination against their individual rights but have been afraid to complain. They have expressed interest to join the case if it goes to the court.
  7. As an agent of the university, forgetting the institution’s fiduciary responsibility, which requires equal and fair treatment of all in the organization, in my opinion, he has committed abuse of power against me and female students.

It is very important to notice that the initial advertisement placed by me on the university job list, which was posted in the Financial Aid Office and its webpage, had neither reference to gender nor travel. It simply stated : students (regular or work-study); position: research assistant and office work; Pay: $8 to $10 per-hour; place of work: 1080 Eastman Street, Platteville, WI; transportation to and from the office will be provided if needed. All interviews also took place off campus in my office out of the official domain of the university and its agent Mr. Cramer. Therefore, there was no cause whatsoever to order the removal of my ad from the job list.

However, I am reluctantly ready not to initiate legal action if the following two conditions are met:

  1. Mr. Cramer admits his mistake and apologizes in writing for harm and humiliation he has brought upon me.
  2. A minimum compensation for damages done to my reputation, honor and dignity.. I estimate the amount around $3 million subject to negotiation through a competent committee appointed by the UWS.

Claims of abuse of power relating to Chancellor Dennis Shields

Some of these abuses of power, and those of Vice Chancellor Cramer, in my opinion could amount to criminal in its nature. In a letter to me dated June 27, 2013, Chancellor Shields stated to the effect that under UWS Ch. 13 (Complaints and Grievances), I was correct that as a member of public, I had the right to file a complaint or grievance involving an academic staff member, but, as Chancellor, he has the authority to receive complaints and take action if warranted. In regard to my complaint against Vice Chancellor Cramer, the Chancellor states that he received my complaint back in the spring of 2012, reviewed all the relevant information and concluded that no further action was warranted concerning my complaint against him, which was communicated to me in a letter dated October 22, 2012, this matter is concluded and no further action will be taken in regard to the March of 2012 incident. This reference by the Chancellor relates to the removal of my student assistant employment ad on the university Job Board by the order of Vice Chancellor Cramer.

In a letter dated 12. 2013, I wrote to Chancellor Shields that his letter of June 27 seems to amount to covering up serious abuses committed by the Vice Chancellor, by the use of his authority as Chancellor. First, my complaint against the Vice Chancellor had nothing to do with an incident with a student as he had insisted in his letter. The complaint was directly against Cramer for committing the abuse of some of the highest individual rights protected by the First Amendment and Contract Clause of the US Constitution, as well as equality of opportunity under UWS Code. Stating that this complaint related to an incident that occurred in March of 2012 between me and a student was not true since there was no such incident at the time; I had never seen or talked to this student. My complaint was officially and properly sent to Complaints and Grievance Commission (CGC) through his office for investigation, finding and reporting to him. He then suddenly stops the Commission from carrying out its task of adjudication because he does not want the abusive action of his top administrator be investigated or even questioned. His action, in my opinion, amounts to covering up the abuse of power, maybe even criminal actions, of the Vice Chancellor, by abusing his own power and authority. The intention is pretty much obvious when, in his July 27, 2013 letter to me, he states that “As Chancellor, I have already reviewed the complaint (after officially referring the complaint to CGC for hearing and report) and made a final determination in regard to the incident in question…This matter is concluded and no further action will be taken in regard to the March of 2012 incident.”

The amazing fact is how Chancellor Shields, as a top state authority, can misrepresent even fabricate facts in order to protect his top administrator and justify his own decisions. The text of his letter of June 27, 2013, addressed to me is a good example of these allegations. It requires detailed analysis. The Chancellor states that “The committee (means the Complaints and Grievances Commission or CGC) has decided not to hear your complaint for two main reasons: 1) any action or recommendations by the committee at the conclusion of their procedures would be sent to me for final action. As Chancellor, I have already reviewed the complaint and made a final determination in regard to the incident in question; and 2) you are not currently employed at UW-Platteville.

The second statement has no bearing on the case since according to the UWS codes any member of public can bring complaint before CGC as the officially designated organ of the university to hear complaints against both a faculty member or staff member which is clearly stated in Wis. Administrative Code, Complaints and Grievances, UWS 6.01 Complaints. According to the same Code, the appropriate body to hear these complaints, follow the proceedings and make conclusions at UW-P is the Complains and Grievances Commission. Therefore, the Chancellor has no choice but to refer the complaint to CGC which would report its finding to him for his review.

UWS 6.01 also requires that the Chancellor and the Commission shall insure that the accused person receives: 1) a written statement of the complaint, 2) at least 10 days to prepare an appropriate response, 3) a written statement of the Commission’s findings within 5 days of its decision, and 4) a prohibition of further jeopardy for the same alleged misconduct after a final decision. The Chancellor shall, also insure that appropriate university officials are apprised of the Commission’s findings and the Chancellor’s decision. See Faculty Bylaws, Part III, Article IX, Section 1. This clearly shows the degree of disregard of the Chancellor to follow the rule and procedures that is aa integral part of his administrative duties, clear disregard of the laws and my legal and constitutional rights by denying me the prescribed procedure to adjudicate complaints. This is a grave abuse of power, maybe in my opinion, amounting to criminal nature when I am deprived from prescribed procedure concerning my individual and constitutional rights, and when decision about my case is made by the Chancellor alone. The whole first paragraph in the letter seems fabrication by the Chancellor to claim a ground for his decision and irrelevant to the subject matter of serious accusations against the Vice Chancellor Cramer. It must be also make clear the initial decision of CGC to refuse hearing my case was appealed by me because of being invalid since it was made on the ground that a faculty emeritus was not a faculty member whereas I held a rank of full professor in political science and still attached to that department and besides I could bring complaint just as a member of public according to the UWS Code. The case was reinstated but no action was taken because, in my opinion, CGC was reluctant to set up a hearing where it had to summon the Vice Chancellor to appear and be questioned. It finally was stopped by the Chancellor’s action to proceed hearing a valid complain and follow the prescribed procedures.

In the second paragraph, the Chancellor admits that under UWS Ch. 13, I was correct that as a member of public I had the right to file a complaint or grievance involving an academic staff (meaning Vice Chancellor) member, but as a Chancellor, he had the authority to receive complaints and take action if warranted. This is not true. First, the complaint was already sent to CGC by his office and waiting for a hearing; second, as presented above, when the Chancellor receives a complaint, he must refer it to CGC. He has only the power to review the final decision of CGC, and must present reasons to invalidate the final finding.

In the final paragraph, he states that in regard to my complaint against Vice Chancellor Cramer, he received it in the spring of 2012, reviewed all the relevant information and concluded that no further action was warranted concerning my complaint against him. Here again he is not telling the truth because, as mentioned above my complaint was sent to the Commission through his office, in which Vice Chancellor was the only person I had accused of misconduct. Regardless of what he had written to me in spring of 2012, he had referred my complaint against Vice Chancellor to CGC. The facts clearly show that the Chancellor is not telling the truth He just want arbitrarily close the case disregarding the serious abuse of my rights under UWS codes, state, and national laws.

The next proper procedure to follow seems to be to bring the issue to your attention as the president of the University of Wisconsin System for consideration and proper decision. I am attaching my file with copy of some essential documents and communications asking for direction as well as proper action since the outcome of the abuses involved, committed by Vice Chancellor Robert Cramer and Chancellor Dennis Shields with possibility of reaching criminal level, and discrimination against woman’s rights, will have effect on the system as a whole, on all students and parents; even it may expand nationwide to other colleges and universities and their communities.

If within a reasonable time, no positive and just response was taken by the UWS authorities, I will send a copy of the complaint to the Board of Regents and the state legislative body seeking remedy and rendition of justice. At this point I will also publish a copy of complaint and relevant documents in my popular website or an independent one under the title of the complaint such as Reza v. UWS, for the students, parents, and other people to have access to the issue and its background all over the world. I will appeal to students, particularly woman students, to respond, let their voice heard, and join the fight.

If no just and fair results were attained and abusers were not punished, then I will take my case to the people through the Wisconsin legislative body. Since at this stage the case enters the political arena, I am almost certain it will have quite a few sympathizers in the legislative houses as well as students, parents and public as a whole. At the same time I will initiate legal action against the Chancellor Shields and Vice Chancellor Cramer of UW-Platteville.

Finally, if none of these steps brought justice and the abusers were not disciplined or punished, I will continue my fight through the public network system. I will still be satisfied, because as a little guy, a member of 99 percent of population, I had exposed nationwide the abuses and the abusers; had done my best to bring about justice and fairness disregarded by then one percent ruling class of which you and other top officials in the country are the instruments of execution of its policies and wishes. You are a part from the top 18 percent of population helping the elite carry out its ruling policies. We, the remaining 81 percent, either submit to be your virtual slaves or fight for our rights and freedom. In the process, we get abused, suppressed, beaten, jailed, even, killed. But, to get justice and gain our freedom guaranteed by our Constitution, under this undemocratic system of government, we have no choice but struggle facing the dangers of disobedience, hoping that one day we as the people will unite strong enough to bring about a fair and just societal system.

As I observe through my studies, the majority of young generation and a substantial number of the old, are moving, slowly but steadily, in this direction. It may not take more than four-five decades that our 200-year dream may become reality and we may finally have a government by the people, for the people, and of the people.

Respectfully submitted,
Dr. Reza Rezazadeh

 

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