Appendix — Bright v. Rutgers

Supreme Court brief1992

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Text

No. 92-254

donee Cot, ws,

FILED

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IN THE

GFFIGE OF THE CLERK

SUPREME COURT OF THE UNITED STATES

OCTOBER TERM, 1992

JAY B. BRIGHT,

Petitioner,

RUTGERS, THE STATE UNIVERSITY OF

NEW JERSEY; RUTGERS COUNCIL OF AAUP

CHAPTERS; THE FEDERAL BUREAU OF

INVESTIGATION, U.S. DEPARTMENT OF JUSTICE;

IMMIGRATION AND NATURALIZATION SERVICE

U.S. DEPARTMENT OF JUSTICE; and NEW JERSEY

DIVISION OF STATE POLICE,

Respondents.

ON PETITION FOR WRIT OF CERTIORARI TO

THE UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUTI

APPENDIX OF RESPONDENT

RUTGERS, THE STATE UNIVERSITY OF

NEW JERSEY, TO BRIEF IN OPPOSITION

JOHN B,. WOLF

Rutgers, The State University

of New Jersey

New Brunswick, New Jersey

September 9, 1992

ARON M. SCHWARTZ *

VOGEL, CHAIT, SCHWARTZ

AND COLLINS

A Professional Corporation

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7 Headquarters Plaza,

North Tower

Morristown, New Jersey 07960

08903 (201) 538-3800

*Counsel of Record.

Wesington OC

+ THIEL PRESS

* (202) 328-3286

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Page

TABLE OF CONTENTS

APPENDIX A — Complaint, filed September 21, 1988....... la

APPENDIX B — Plaintiff’s Motions Returnable January

20, 1989, dated December 15, 1988 ................ 10a

APPENDIX C — Opinion (per Hon. Stanley Brotman,

USDJ) dated January 19, 1989, filed January 19,

So Sve eee eG Se Ek TET ee OP eee eee eee 12a

APPENDIX D — Plaintiff's Motions Returnable March

ee ee ae 17a

APPENDIX E — Plaintiff’s Urgent Petitions as follows,

eS Oe Oo ka kk eh 660 8 He aa ew 20a

APPENDIX F — Plaintiff’s Elaboration of his 3-3-1989

Petition #3 dated March 13,1989 .............e02. 23a

APPENDIX G — Opinion (per Hon. Stanley Brotman,

USDJ) dated March 14, 1989, filed March 22,

APPENDIX H — Amended Answer on Behalf of Defendant,

Rutgers, The State University of New Jersey, filed

eel ne DEE POT ERE CEE TAT CER CUETO TEEE 34a

APPENDIX I — Plaintiff’s Various Motions Including

Motions to Compel Discovery, et al., dated Septem-

et ere be Le a ens wks coh ee ka dw 2 4la

APPENDIX J — Order (per Hon. Stanley Brotman) dated

Octobe: 30, 1989, filed October 30,1989 ............ 43a

APPENDIX K — Notice of Motion for Summary Judgment

(filed by Rutgers, The State University of New Jersey),

ee PE OD 6 Sc a eee e ee bAs eek bad ee 44a

APPENDIX L — Affidavit of Peter Weissenberg, filed

o£ ee ee ee 46a

w/attached Letter of March 6, 1984 from Dr. Peter

Weissenberg to plaintiff, attached as Exhibit B

odin oe 5la

w/attached Letter of March 23, 1984 from plaintiff

to Dr. Weissenberg, attached as Exhibit C to

Sls 6 606 6a 0 hw ewe O64 06 wee 68 53a

(i)

Page

APPENDIX M — Affidavit of Walter Gordon, filed February

20, 1990 .... ces bee ae hee see eS oes 68 54a

w/attached Letter of June 13, 1984 from plaintiff to

Dr. Walter Gordon, attached as Exhibit E........... 6la

APPENDIX N — Transcript portions of plaintiff's deposi-

tion of July 12, 19GB... sscaseeae eee eae ss ss 62a

APPENDIX O — Transcript portions of plaintiff’s deposi-

tion of July 264, 1908. os sahara se eso 82a

APPENDIX P — Plaintiff’s Affidavit Seeking a Rule 56(f)

Continuance of the University’s Summary Judgment

Motion, filed March: 2, 5900): sa 505s ee ee kat 97a

APPENDIX Q — Opinion (per Hon. Stanley Brotman,

USDJ) dated February 15, 1991, filed February 19,

1991... cence & oe ae ees 10la

APPENDIX R — Order (per Hon. Stanley Brotman, USDJ)

dated February 15, 1991, filed February 19,1991...... llla

APPENDIX S — Opinion (per Hon. Stanley Brotman,

USDJ) dated Anvil 2, 1991, filed April 2,1991........ 112a

APPENDIX T — Order (per Hon. Stanley Brotman, USDJ)

dated April 2, 1991, filed April 2,1991............. 116a

APPENDIX U — Order (per Hon. Stanley Brotman, USDJ)

dated May 20, 1991, filed May 20,1991 ............ 118a

APPENDIX V — Order of U.S. Court of Aopeals dated

December 5, 1991 . . «6053 ae eee aes 120a

APPENDIX W — Judgment Order of U.S. Court of

Appeais dated March 16, 1908. s:i. 6s suas ces e se vies 123a

APPENDIX X — Sur Petition for Rehearing (U.S. Court

of Appeals) dated Apeld 25, S0IE cass ste e ue an 64 66s 125a

APPENDIX Y —

— EEOC Charge Number 031860632 .............. 126a

— EEOC Charge Number 031862289 .............. 128a

— EEOC Charge Number 170871770 .............. 130a

— EEOC Determination — Charge Number

081860682 ... ci csb in eee eee eke eee Oe ee 133a

— EEOC Determination — Charge Number

0381862289 .. ccc uccsnthee ee eee ee eee ae ee 138a

(122)

Page

— EEOC Determination — Charge Number

og Se ee oe ee ee ee ee 142a

— EEOC Determination on Review and Dismissal of

Title VII Charge — Charge Number 031862289...... 147a

— EEOC Determination on Review and Dismissal of

Title VII Charge — Charge Number 170871770...... 149a

~ EEOC Determination on Review and Dismissal of

Title VII Charge — Charge Number 031860632. ..... 152a

APPENDIX Z — Statutory Provisions Involved:

aS os ek 6g 6 hk kh. 68.60.4088 680 ae 154a

ee a Ss a awh Oe 86 oe ek 154a

Se | re re 154a

a ee ee ee 155a

i ee ek kb bp eos bv ot ea wee eee 156a

SR 156a

So A) er 157a

SS Ee ee 157a

AS eee eee ee ee ee 158a

la

APPENDIX A

Sept. 21, 1988

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

Docket No. 88-4115 S.S.B.

Date Filed Sept. 21, 1988

JAY B. BRIGHT

Plaintiff

V.

RUTGERS, THE STATE UNIVERSITY

OF NEW JERSEY

Defendant

RUTGERS COUNCIL OF AAUP CHAPTERS

Co-Defendant

THE FEDERAL BUREAU OF INVESTIGATION,

U.S. Dept. of Justice,

Co-Defendant

IMMIGRATION AND NATURALIZATION SERVICE,

U.S. Dept. of Justice,

Co-Defendant

NEW JERSEY DIVISION OF STATE POLICE,

Co-Defendant

2a

CIVIL ACTION JURY DEMAND

1. Plaintiff: The plaintiff in this action is Dr. Jav B.

Bright (Jyotindra Bhupatrai Bhatt at birth, Americanized

to Jay B. Bright), a naturalized United States Citizen,

resident of New Jersey and residing at 212 Hillcrest Ave-

nue, Collingswood, New Jersey. Plaintiff, filing pro se,

files this suit upon the following defendants.

2. Defendants: The defendant in this action is Rut-

gers, the State University of New Jersey (generally called

Rutgers University), a public institution; its principal

representative being the officer in charge of the univer-

sity’s Camden campus and others with whom he/she

worked directly or indirectly, resulting in injury to plain-

tiff. The co-defendants in this action are the faculty

union at Rutgers (the Rutgers Council of AAUP Chap-

ters) its principal representatives being those officers who

handled and were responsible for plaintiff’s interests; the

Federal Bureau of Investigation (FBI) its representatives

being those whose actions injured plaintiff; and the New

Jersey Division of State Police its representatives being

those whose actions injured plaintiff; and Immigration

and Naturalization Service, U.S. Dept. of Justice.

3. Other parties litigably involved: The following are

among the parties litigably involved in this action and to

be possibly included as defendants in subsequent amend-

ments to this complaint: The Equal Employment Oppor-

tunity Commission (EEOC); William Bradford Reynolds

the Assistant Attorney General for Civil Rights; Edwin

Meese, the former Attorney General; Samuel Alito, Jr.

the U.S. Attorney for New Jersey; Former Secretary of

Education William Bennett; New Jersey State Republi-

can Party.

3a

4. Jurisdiction: This court has jurisdiction over this

action pursuant to the Fourth, the Fifth and the Four-

teenth Amendments to the United States Constitution,

title VII of the Civil Rights Act of 1964, as amended, and

the following sections of 42 United States Code: 1981,

1983, 1985(2), 1986, 1988, 2000e, 2000e-2(a)(1),

2000e-2(a)(2), 2000e-3(a), 2000e-5(f)(3), 2000e-(6)(a),

and 2000e-(6)(b); and further pursuant to 28 United

States Code 1343, 2201, 2202; and further pursuant to

the pendent jurisdiction of this court.

5. Summary of Complaint and Factual Background:

Plaintiff was an employee of Rutgers University from

July 1, 1984 to June 30, 1988 employed as an Assistant

Professor of Finance in the Faculty of Business Studies at

the Camden Campus. Plaintiff earned his Ph.D. degree

from the School of Business Administration of the Uni-

versity of Houston, Houston, Texas, in 1969, and worked

as a professor between 1969 and 1984 rising from an

Assistant Professor in 1969 to a Full Professor and Direc-

tor of a Graduate program in Business Management (Ex-

hibit 1),

6. In July, 1984 Rutgers University employed him at

the entry level position, an Assistant Professorship, and

offered him a salary of $30,140 per academic year (Ex-

hibit 2) which was about $10,000- below any other Ph.D.

in his department (the Faculty of Business Studies) and

$8,000- below even non-Ph.D.’s in his department (em-

ployer has refused to supply facts needed; exhibits 3 and

4); assigned plaintiff an office with a group of non-Ph.D.’s

in the department and away and on a separate floor from

the main floor of the department where all the Ph.D.’s in

the dept. were housed—and this despite the fact that sev-

eral non-minority non-Ph.D.’s were housed with the

Ph.D.’s (Exh. 5).

4a

7. When plaintiff tried to reason with the university

administration, he met with hostility which escalated

into harassment and later brutality and a systematic con-

spiracy and campaign to malign, defame and discredit

him and a conspiracy to abridge his civil rights (exhibits

6, 7, and 8). The university administraton ignored plain-

tiff’s pleas for a campus-wide committee of non-partisan

professors. The plaintiff took his grievance before the

faculty union who (knowingly) presented his matter to

the administration (late) and the latter rejected it as un-

timely filed (Exh. 9). Fearing State-wide implications, the

university intensified concerted efforts involving numer-

ous parties on and off campus to malign, defame and dis-

credit plaintiff and, he is led to believe, ‘‘Federalized”’

the matter with defendants’ and others’ influence to the

plaintiff’s detriment. The union had filed the grievance

late although it had been alerted by plaintiff at an early

stage initially verbally and later in writing (Exh. 7).

Surely, the union knew the rules and procedures well—

it has worked hand in hand with the same university

administration for nearly twelve years. Subsequently, the

union and the university knowingly put the matter before

an unqualified arbitrator—one in the New Jersey State,

Board of Mediation. Both the university and the union

knew that the said Board hears complaints against “pri-

vate” employers (Exh. 10), and that a New Jersey Board

should not hear complaints against a New Jersey institu-

tion (Rutgers). The New Jersey State Board of Mediation

is equally at fault as this and other information (pre-

sented later in this complaint) leads plaintiff to believe.

Furthermore, the plaintiff is led to believe that the uni-

versity and the union—with the New Jersey Mediation

Board’s complicity—have engaged in such practices in

the case of other Rutgers professors. These and a number

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5a

of other concerned individuals on and off campus indi-

cated to the plaintiff that they will testify in his behalf.

Fraud, collusion and conspiracy between the university

and the union to interfere with plaintiff’s civil rights

went much further: at no time has plaintiff met or seen

or heard from the arbitrator, nor despite written request

did the union clear with the plaintiff its brief to arbitra-

tor, nor have there been any hearings held by the arbi-

trator where plaintiff could give testimony or could have

professors, staff, students and others testify at the hear-

ings, nor has plaintiff ever been supplied with any rulings

issued by the arbitrator, nor has the arbitrator himself

sent the plaintiff anything despite repeated written re-

quests, while the parties carried on their deceit, fraud

and criminality (Exhs. 11, 12, 13, 14 and 15).

8 On November 11, 1985 plaintiff filed a charge

against the employer with the Equal Employment Oppor-

tunity Commission (EEOC) at its field office in Philadel-

phia, Pennsylvania and four subsequent charges on May

8, 1986, January 30, 1987, March 18, 1987 and July 22,

1987; and kept the EEOC informed of employer’s bla-

tant, brutal and massive retaliation against plaintiff (Ex-

hibits 16a through 16f, and others). The EEOC gave

increasing indications of repeatedly ignoring documented

evidence of employer’s unlawful discrimination and

retaliation against the plaintiff, while the employer

stepped up their unlawfulness (Exh. 17a to 26, and

others). There were strong and repeated indications of

EEOC personnel being coerced and intimidated by other

agencies of the United States Government. Plaintiff is led

to believe that among others, U.S. Dept. of Justice’s

Federal Bureau of Investigation, Immigration and Natu-

ralization Service; and apart from them the U.S. Dept.

6a

Education are involved. Additionally, the U.S. Attor-

ney for New Jersey, Asst. Attorney General for Civil

Rights, and former Attorney General Edwin Meese, in

keeping with the Reagan-Meese declared hostility tow-

ard Civil Rights and Affirmative action, were litigably in-

volved (42 USC 1986 and 1985(2), among others). Sev-

eral of the latter involved New Jersey State agencies in-

cluding the New Jersey Division of State Police and the

New Jersey Attorney General in a conspiracy to interfere

with plaintiff’s civil rights (Exhibits 27 to 36, et al.).

9. Rutgers University, in collusion and conspiracy

with parties on and off campus, built fraudulant and

fraudulantly contrived dossiers on plaintiff, and latter

are denied to plaintiff. Todate, Rutgers has denied plain-

tiff copies of his ‘“‘complete—and so certified” files (Exh.

25a to 25d, and others).

10. Rutgers University and their Federal Government

and other collaborators have rendered plaintiff unable to

find a job anywhere in the country, despite initial very

strong interest shown by numerous prospective employ-

ers across the country. In such activity Rutgers colluded

with national educational organizations as well as with

Federal agencies who actively worked to plaintiff's detri-

ment.

11. Rutgers University used totalitarian and oppres-

sive tactics in dealing with faculty; and an environment

of intense fear and oppression prevails among Rutgers

faculty and staff (Exh. 37, and others).

12. William Bradford Reynolds, Asst Attorney Gen-

eral for Civil Rights; and Samuel Alito, Jr., U.S. Attor-

ney for New Jersey knew of and wilfully and knowingly

looked the other way (and thus aided) plaintiff's abridge-

ment of civil rights (Exh. 27 to 36D, et al.).

-

fa

13. Rutgers University, other defendants and others

potentially defendants carned their campaign of malice

to discredit plaintiff into the community of Southern

New Jersey as well. Among others the Collingswood

Lions Club to which plaintiff belonged and others asso-

ciated with the New Jersey State Republican Party were

involved.

14. The contrived, questionable and unlawful “arbi-

tration exercise” of the university and the union must be

set aside.

15. Equal Employment Opportunity Commission’s

Right to Sue letters are enclosed as they are required

(only) for that part of the complaint which relates to title

VII of the Civil Rights Act of 1964, as amended, and

other applicable statutes, (Exh. 42 to 44).

16. Injury Sustained by Plaintiff: The plaintiff has sus-

tained the following harm and injury: (a) Plaintiff’s

career path has suffered irreparable harm and injury on

account of his suddenly being placed when he was em-

ployed by Rutgers University at an entry level position,

after having reached a Full Professorship and Director-

ship of a Graduate Program in Business Management pnor

to coming to Rutgers; (b) Plaintiff has been defamed,

maligned and has been ostracized and humiliated; his

standing in the profesional community has suffered

irreparable harm; (c) Plaintiff has been blocked from

suitable employment consistent with his career path, and

in effect has been blacklisted by Rutgers and their associ-

ates. Plaintiff is currently unemployed. (d) Plaintiff has

suffered anguish, pain, suffering and humiliation; and has

further suffered social ostracization.

17. Reltef Sought: Wherefore, plaintiff prays the court

for the following relief:

————EeE

8a

(1) A judgment ordering defendant Rutgers, the

State University of New Jersey, to (a) take plaintiff back

as its employee with the rank of a Full Professor and

additionally as director of a Graduate Business Program

or a similar position at its Camden Campus, at a salary (to

be paid retroactively to plaintiff) equal to the average

salary of a Full Professor in plaintiff’s former depart-

ment; (b) to pay plaintiff a sum of $2,000,000- as com-

pensation for the irreparable harm done to his profes-

sional career and reputation, plus punitive damages;

(c) to pay plaintiff a further sum of $1,000,000- as

compensation for defaming and maligning the plaintiff,

plus punitive damages; (d) to pay plaintiff a further sum

of $1,000,000- to compensate for the pain, suffering and

humiliation to which plaintiff has been subjected by the

university’s actions, plus punitive damages.

(2) A judgment against the faculty union: Rutgers

Council of AAUP Chapters ordering it to pay plaintiff a

sum of $2,000,000- as compensation for injury to his

professional career and career path resulting from its

actions,

(3) A judgement against the New Jersey Division of

State Police ordeing them to pay plaintiff $1,000,000-

for the defamation, ostracization, pain, suffering, and

humiliation plaintiff suffered as a consequence of their

actions;

(4) A judgment against the Federal Bureau of Inves-

tigation ordering it to pay plaintiff a sum of $2,000,000-

in damages for injuries he sustained as a consequence of

their actions;

(5) An order to the Attorney General of the United

States to immediately take appropriate measures to fully

investigate and bring to justice the U.S. Attorney’s office

Ga

in New Jersey, the office of the Asst. Attomey General

for Civil Rights, The U.S. Dept of Education, The Immi-

gration and Naturalization, the Attorney General of New

jersey, and the Defendants listed in this complaint.

(6) Issue an order to appropriate Federal authorities

to arrange for and assure the safety and security of the

plaintiff, his family, and his residence—this in view of

State and Federal apparatus’ hostile and criminal inclina-

tions toward plaintiff.

(7) A judgement for costs, interest, reasonable

attorney’s fees, and such other relief as the honorable

court may deem fit.

(8) A judgment against the Immigration and Natu-

ralization Service of the United States Dept. of Justice to

pay plaintiff $2,000,000- for malicious defamation of

and economic injury to the plaintiff.

Jury Demand .

J UT /s/ Jay B. Bright, Ph.D.

Jay B. Bright, Ph.D. 9-21-1988

Plaintiff

Enclosures:

As listed in each paragraph

eer

10a

APPENDIX B

United States District Court

For the District of New Jersey

Civil Action Docket #88 4115 SSB

Jay B. Bright, Ph.D.

plaintiff

Rutgers, The State University of

New Jersey, et al

defendants

MOTIONS

Returnable: January 20, 1989

THE PLAINTIFF, Jay B. Bright, moves this honorable

court as follows:

* * x

2. MOTION NO. 2: The Plaintiff further moves this

honorable court to take urgent steps to assure personal

safety of the plaintiff and members of his immediate fum-

ily, and further to guarantee plaintiff and members of his

immediate family use of United States mail service and

telephone service free of any interference of any kind,

these being among fundamental constitutional rights of

us all Americans, and further since interference with

these has made impossible plaintiff’s pursuit of his

(legitimate interests and particularly) interests related to

the pursuit of work related this law suit. SEE IN THIS

lla

regard, among other, plaintiff’s letter of October 4, 1988

to the Hon. U.S. Magistrate Mr. Simandle. FURTHER-

MORE, on Dedember 8, 1988, plaintiff has supplied

information to the Federal Bureau of Investigation, U.S.

Dept of Justice, and to the Camden County Prosecutors’

Office of an ongoing conspiracy involving organizations

and individuals largely in Southern New Jersey associated

with defendant Rutgers University among others, to

among other things, bring about physical harm to the

plaintiff and his family.

x * x

ENCLOSURES /s/ Jay B. Bright, 12-15-1988

Jay B Bright, Ph.D. / Plaintiff

212-B Hillcrest Avenue

Collingswood New Jersey 08108

l2a

APPENDIX C

NOT FOR PUBLICATION

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

Civil Action #88-4155(SSB)

JAY B. BRIGHT,

Plaintiff

,

RUTGERS, THE STATE UNIVERSITY

OF NEW JERSEY, et al.,

Defendants.

OPINION

APPEARANCES:

MR. JAY B. BRIGHT

212 Hillcrest Avenue, #B

Collingswood, NJ 08108

Plaintiff, pro se

VOGEL, CHAIT, SCHWARTZ & COLLINS

BY: ARON M. SCHWARTZ, ESQ.

Maple Avenue at Miller Road

Morristown, NJ 07960

Attorneys for Rutgers, The State

University of New Jersey

l3a

REINHARDT & SCHACHTER, P.C.

BY: DENISE REINHARDT, ESO.

744 Broad Street, Suite 3100

Newark, NJ 07102

Attorneys for Rutgers Council of

AAUP Chapters

OFFICE OF THE ATTORNEY GENERAL

OF NEW JERSEY

BY: WALTER LUCAS, ESQ.

New Jersey Department of Law and Public Safety

Division of Law, Claims Service Section

Richard J. Hughes Justice Complex CN 116

Trenton, NJ 08635

Attorney for New Jersey Division

of State Police

OFFICE OF THE U.S. ATTORNEY

BY: DOROTHY DONNELLY, ASSISTANT

U.S. ATTORNEY

402 East State Street, Room 265

Trenton, NJ 08608

Attorney for U.S. Department of Justice

BROTMAN, District Judge.

Plaintiff has filed suit against several defendants as a

result of the expiration of his term of employment as an

assistant professor and lecturer at Rutgers, The State Uni-

versity of New Jersey. Presently before the court are the

plaintiff’s motions (1) for entry of default judgment

against defendants State of New Jersey Division of State

Police (“Division of State Police”) and Rutgers Council

of AAUP Chapters (“‘Rutgers AAUP”), and (2) for relief

to assure the personal safety of plaintiff and his family.

Also before the court is defendant Division of State

'

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Police’s cross-motion for enlargement of time to answer

or plead. For the reasons set out below, the court will

deny the plaintiff’s motions and will grant the cross-

motion of defendant Division of State Police for enlarge-

ment of time.

The court cannot enter a default judgment against the

Division of State Police because fairness mandates that

it enlarge that defendant’s time to answer. “‘A defendant

shall serve an answer within 20 days after the service of

the summons and complaint upon that defendant... .”

Fed. R. Civ. P. 12(a). Defendant Division of State Police

has asked this court to extend its time to answer plain-

uff’s complaint because it failed to provide the Attorney

General’s office with a copy of the summons and com-

plaint within 20 days. The Division of State Police claims

that it has meritorious defenses to the instant action and

it would be severely prejudiced by entry of a default

judgment against it. The court may, for cause shown,

enlarge a defendant’s time to answer where that defend-

ant’s failure timely to do so resulted from excusable ne-

glect. Fed. R. Civ. P. 6(b). Because the court finds the

Division of State Police’s neglect in this matter excusable,

in the interest of fairness the court will enlarge the time

in which that defendant must answer plaintiff’s com-

plaint to permit it to answer or file responsive pleadings

within 20 days of receipt of this opinion and accompany-

ing order. Since the court is enlarging this defendant’s

time to respond, it cannot enter a default judgment at

this time.

The court cannot enter a default judgment against

defendant Rutgers AAUP. “The time within which to

answer or reply may, before its first expiration and with

or without notice, be extended once for a period not to

exceed 15 days on order granted by the Clerk.” D.N.J.

-

l5a

R. 13(B). The court clerk granted such an extension and

Rutgers AAUP filed its answer within the extra 15-day

period, Consequently, that defendant is not in default

and the court cannot enter a default judgment against it.

The court is without power to grant plaintiff’s motion

for relief to secure the personal safety of him and his

family. Plaintiff’s request for relief is as follows:

MOTION NO. 2: The plaintiff further moves this

honorable court to take urgent steps to assure per-

sonal safety of the plaintiff and members of his

immediate family use of United States mail service

and telephone service free of any interference of

any kind, these being among fundamental consti-

tutional rights of us all Americans, and further since

interference with these has made impossible plain-

tiff’s pursuit of his (legitimate interests and particu-

larly) interests related to the pursuit of work related

this law suit.

In support of his motion plaintiff refers to his allega-

tions of “an ongoing conspiracy involving organizations

and individuals largely in Southern New Jersey associated

with defendant Rutgers University among others, to

among other things, bring about physical harm to the

plaintiff and his family.” In essence, plaintiff has asked

this court for injunctive relief. To establish entitlement to

such relief, a plaintiff must establish (1) a reasonable

probability of success on the merits; (2) irreparable in-

jury; (3) that balancing the equities requires relief; and

(4) that injunctive relief is in the public interest. United

States v. Price, 688 F.2d 204, 211 (3d Cir. 1982); Kersh-

ner v. Mazurkiewicz, 670 F.2d 440, 443 (3d Cir. 1982).

Because plaintiff has not put forth anything more than

bare allegations of harm, he has not met his burden of

l6a

proof. Consequently, the court must deny such relief at

this time.

An appropriate order will be entered.

/s/ Stanley S. Brotman

Stanley S. Brotman

United States District Judge

DATED: January 19, 1989

l7a

APPENDIX D

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

Civil #88 4115 SSB

Dr. Jay B. Bright

Plaintiff

Rutgers, The State University, et al

Defendants

PLAINTIFF’S MOTIONS

Returnable: March 3, 1989

THE PLAINTIFF, Dr. Jay B. Bright, moves this honor-

able court as follows:

*x * *

2. Motion No. 2: The plaintiff further moves this

honorable court to (a) Remove the Honorable Judge

Stanley s. Brotman from this case for his demonstration

of bias against plaintiff, and (b) Have this case transferred

to another judge. Plaintiff offers the following observa-

tions in support of this motion:

(i) Judge Brotman in his opinion signed on January

19, 1989—which is part of the permanent record of the

case since it has been entered in the Docket Sheet—dem-

onstrated bias in that in his opeining paraagraph (see page

2 of the Opinion) he knowingly, willfully and premedi-

tatedly distorts facts of plaintiff's complaint. Judge

Brotman knows very well from paragraphs 5 and 17 of

’

18a

plaintiff’s complaint and from exhibits 16a et seq of the

complaint, q.v., among other, that an important thrust

of plaintiff’s complaint and of the remedy sought is that

the plaintiff was improperly and unlawfully discriminated

against at the point of hire. Yet Judge Brotman, knowing-

ly, wilfully and premeditatedly states in his Opinion (Ex-

hibit 5) which is for all concerned—including a Jury and

other Courts—to be guided by that: “Plaintiff has filed

suit against several defendants as a result of the expira-

tion of his term of employment as an assistant professor

and lecturer ...”. Judge Brotman is blatantly distorting

plaintiff’s comlaint to plaintiff’s detriment, and further

untruthfully advocates for defendant Rutgers university

and for other defendants. Judge Brotman knows the dis-

tinction between “subsequent to” and “‘as a result of’’—

POST HOC ERGO PROPTER HOC—and yet in his Opin-

ion he uses the latter to plaintiff’s detriment.

(ii) It is to be noted that Judge Brotman wrote said

Opinion subsequent to having read plaintiff’s Reply to

Rutgers University’s answer to plaintiff’s motions return-

able 1/20/1989 (Exhibit 2).

(iii) Again, in the same opinion, Judge Brotman,

knowingly, wilfully, premeditatedly and to plaintiff’s

detriment refers only to half of plaintiff’s material on

Motion no. 2 returnable 1-20-1989: See pages 3 and 4

of his said Opinion, deliberately leaving out comment on

plaintiff’s specific and detailed indictments of extreme

unlawfulness by various defendants.

(iv) Furthermore, Judge Brotman has captioned his

said Opinion “NOT FOR PUBLICATION” thus attempt-

ing to obstruct scrutiny.

3.00 Motion No. 3: The plaintiff further moves this

honorable court to have the court immmediately subse-

19a

quent to the return date for these motions, forward

copies of all the materials gathered by the Court, Hon.

Judge -Brotman, and Hon. Magistrate Simandle to the

Attorney General of the United States with an urgent

request that he forthwith appoint a Special Prosecutor to

work with this Court in the adjudication of this case; and

further that the Court similarly fully apprise the Chair-

men of the U.S. Senate Committee on the Judiciary and

the Committee on the Judiciary of the U.S. House of

Representatives.

February 3, 1989 /s/Jay B. Bright, Ph.D.

Date Plaintiff

20a

APPENDIX E

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

Civil #88-4115 SSB

March 3, 1989

Plaintiff's URGENT PETITIONS as follows

Jay B. Bright, Ph.D.

Plaintiff

Rutgers, The State University, et al

Defendants

plaintiff's URGENT PETITIONS as follows:

* * *

5. Urgent Petition No. 5: The plaintiff further ur-

gently petitions this honorable court to consider and act

upon FURTHER CONCERNS-see here, among other,

plaintiff’s Motions retumable 3-3-1989; Plaintiff to Hon

Mag Simandle, 10-4-1988; Complaint paragraphs 3, 12

and 13, among others—OF THE PLAINTIFF IN RE-

GARD TO THE INTEGRRITY AND INDEPENDENCE

OF THIS HONORABLE COURT.

The plaintiff, in his February 14, 1989 petition to the

court—q.v.—had requested Continuance of FBI+INS’

“motion hearing” to April 7, 1989, and yet the Honor-

able judge Brotman wrote in a letter showing the date

2-15-1989: Exhibit 5 attached herewith, conveying the

2la

misleading impression on all objective readers that plain-

tiff had somehow requested continuance to March 17,

1989. The envelope in which the letter came shows no

date stamp: Exh 6, as it normally should—NONE OF

THE LETTERS FROM THIS COURT AND THE U.S.

DEPT. OF JUSTICE SHOW DATE STAMPS WHILE

THEY NORMALLY SOULD. This court, in all fairness

needs to investigate if the fact that Judge Brotman has

had over twelve years of contacts with defendant Rutgers

University situated one block from the Court House,

Judge Brotman’s extremely close ties with the leaders of

defendant Rutgers University an overwhelmingly Jewish

dominated institution and the Honorable Judge Brotman

being an active leader for years in the local Jewish com-

munity; Judge Brotman’s Clerk Bloustein’s ties with de-

fendant Rutgers University (Bloustein being also of the

Jewish faith) and Clerk Bloustein’s appointment at or

about the time of plaintiff’s filing of this complaint (as

of Deputy Clerk of the Court Paul Taylor a recent Rut-

gers University employee: see Plaintiff to Hon Simandle,

10-4-1988 among other). These are plaintiff's concerns

and the Court needs to fairly look into these.

FURTHERMORE, the plaintiff also requests a thor-

ough investigation of the following as plaintiff experi-

enced it: ON 2-14-1989 olaintiff was typing his 2-14-

1989 sbmission to this honorable court, he got a tele-

phone call from his daughter at Collingswood Junior High

School that she was sick and if plaintiff could pick her

up; plaintiff left the papers on his desk and rushed to the

school, Plaintiff believes the “‘Police Apparatus” (Federal,

State, Local Police and people they use/employ/get/ as

volunieer vigilantees), as historically, entered plaintiff's

apartment when he was away, photographed plaintiff's

2-14-1989 submission, conveyed it to defendants FBI/

22a

their cohorts (and other defendants); Counsel for FBI

(and INS) received Fax copies of plaintiff’s said submis-

sion, wrote up a letter to plaintiff (Exh 7) backdating it

to 2-10-1989, and had the mailman deliver it to plaintiff's

residence on 2-14-1989 (Exh 8). Plaintiff’s papers on his

desk had been shifted. SUCH SCENARIO TOOK PLACE

REPEATEDLY WHILE PLAINTIFF WAS EMPLOYED

AT RUTGERS UNIVERSITY. These are plaintiff’s con-

cerns and the court needs to look into these fairly as

plaintiff believes they represent a prostitution of the

Judicial system and of Justice and of this Honorable

Court by a Police State apparatus led and fostered by the

Executive Branch of the Government of this great coun-

try of ours, and exemplify for the nth time a Police State

environment to which plaintiff has been subjected for

four years at Rutgers University and in New Jersey.

March 3, 1989 /s/ Jay B. Bright/3-3-1989

Plaintiff

23a

APPENDIX F

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

Civil #88 4115 SSB

March 13, 1989

Plaintiff’s Elaboration of his 3-3-1989 Petition =3

Dr. Jay B. Bright

plaintiff

Rutgers University, et al

defendants

PLAINTIFF”S ELABORATION of his 3-3-1989 Petition

#3:

* * *

5, Plaintiff deems it essential to avoid as much as pos-

sible travel on highways, as he fears for his life (as he does

for the lives of his wife and children)—plaintiff has ex-

perienced in the past four years repeated attempts on his

life, including but not limited to those involving attempts

to crush plaintiff in his automobile—please see in this

regard among other{i) Complaint para 17.6; (ii) The tran-

script of the 1-4-1989 Court Conference; (iii) Plaintiff to

U.S. Representative James Flono—D-New Jersey, dated

July 6, 1987—copy attached; such attempts and others

including but not limited to use of biochemical/gas/germ

weapons being used on plaintiff continually, ongoingly

and presently and increasing in intensity.

* * *

March 13, 1989 /s/ Jay B. Bright/3-13-1989

plaintiff

U.S. Rep. Florio, D-NJ Jay B. Bright, Ph.D.

Dear Congressman Florio, July 6, 1987

1.00 Re the EEOC: On July 2, 1987 I went to the

office of the EEOC’s Dist Dir, Mr. Butler, at 127 N. 4th

St, Philadelphia, PA. As always, he had disappeared by

the time I reached his office. His secretary, Ms Shakel-

ford, took my papers (copy enclosed).

Now comes the main part: as with postal clerks, the

Federal/State police train all involved to deceive and to

commit fraud. Upon my insistence, Ms Shakleford “time

stamped” both my papers and the receipt (see enclosure)

showing June 32, 1987 on both my papers and the re-

ceipt! (see enclosure). Upon my polite but firm insistence

she then changed the date on her own date-stamper to

July 2, 87 (see enclosure). The Federal/State apparatus

tail me/tap my home and office ‘phones, and precede me,

and then, if people knuckle under (most do) corrupt

them and train them to deceive and defraud. At Rutgers,

numerous professors, staff, secretaries, and students have

been so used,

1.01 Investigation by Congressional Committee(s) is

called for, I am apprising U.S. Rep. Bill Gray of Philadel-

phia of the matter also,

2.01 Stepped-up attempts by the New Jersey State

Police/Federal Apparatus to physically hurt me: Last

Monday, June 29, ’87, I obtained from your Woodbury

office U.S. Rep Bill Gray’s, and Immigration and Natu-

ralization Service’s, addresses. On the way home from

Woodbury, as usual, unmarked old vehicles tailed me—

this time, however, one repeatedly tried to side-swipe me

and another one crossed me in the front. On Tuesday

and Wednesday huge commercial trucks tried to hurt

25a

me—one came at me on my side of the road: by God’s

grace I swerved in a split'second and survived. You see,

State and Federal agencies are deeply involved in my

matter against Rutgers (a large, powerful organization).

* * *

Respectfully Submitted,

/s/ Jay B. Bright, Ph.D.

26a

APPENDIX G

NOT FOR PUBLICATION

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

Civil Actin 88-4115 (SSB)

JAY B. BRIGHT,

Plaintiff,

RUTGERS, THE STATE UNIVERSITY

OF NEW JERSEY, et al.,

Defendants.

OPINION

APPEARANCES:

JAY B. BRIGHT, pro se

212 Hillcrest Avenue, #B

Collingswood, NJ 08108

VOGEL, CHAIT, SCHWARTZ & COLLINS

BY: ARON M. SCHWARTZ, ESQ.

Maple Avenue at Miller Road

Morristown, NJ 07960

Attorneys for Rutgers, The State

University of New Jersey

27a

REINHARDT & SCHACHTER, P.C.

BY: DENISE REINHARDT, ESQ.

744 Broad Street, Suite 3100

Newark, NJ 07102

Attorneys for Rutgers Council of

AAUP Chapters

OFFICE OF THE ATTORNEY GENERAL

OF NEW JERSEY

BY: WALTER LUCAS, ESQ.

New Jersey Department of Law and Public Safety

Division of Law, Claims Service Section

Richard J. Hughes Justice Complex — CN 116

Trenton, NJ 08635

Attorney for New Jersey Division of

State Police

OFFICE OF THE U.S. ATTORNEY

BY: DOROTHY DONNELLY,

ASSISTANT U.S. ATTORNEY

402 East State Street, Room 265

Trenton, NJ 08608

Attomey for U.S. Department of Justice

BROTMAN, District Judge.

Plaintiff has filed suit against Rutgers, The State Uni-

versity of New Jersey (“Rutgers”), the New Jersey Divi-

sion of State Police (“Division of State Police”), and

other defendants charging discrimination and other

unlawful conduct arising out of his employment as an

assistant professor and later lecturer at Rutgers. Presently

before the court are plaintiff’s motions (1) to amend the

docket sheet for this case; (2) for me to recuse myself

from this case; (3) for this court to request the Attorney

General of the United States to appoint a special prosecu-

————_——

28a

tor in this case; and (4) to order defendant Rutgers to

appoint plaintiff to the position of “Court Ordered Pro-

visional Professor.”’ Also before the court is defendant

Division of State Police’s cross-motion to dismiss. For

the reasons set forth below, the court will deny plaintiff’s

motions and will grant the motion of the Division of

State Police.

Plaintiff first contends that the court should order the

court clerk to amend the docket sheet to reflect the filing

of plaintiff’s various reply briefs and a letter to the

United States Attorney. It is the practice of the court

clerk not to docket and retain letters and briefs: instead,

the clerk stamps them “filed” and transmits them to the

appropmiate judge’s chambers. The court must therefore

deny plaintiff’s request to amend the docket sheet.

Plaintiff next asks me to recuse myself from this case

because (a) the court’s previous opinion in this matter

allegedly misstated the nature of the plaintiff’s lawsuit;

(b) the court’s opinion of January 19, 1989, in this mat-

ter was written after I allegedly read plaintiff’s reply

papers regarding another motion returnable January 20,

1989; (c) the court’s January 19th opinion referred to

only half of plaintiff’s material on his “Motion No. 2”;

and the January 19th opinion was not designated for

publication. A judge must recuse himself or herself ‘in

any proceeding in which his impartiality might reason-

ably be questioned.” 28 U.S.C. §455(a). Specifically, a

judge cannot participate in a matter “[w]here he has a

personal bias or prejudice concerning a party... .” Jd.

§ 455(b); see id. § 144. The court must measure plain-

tiff’s motion to recuse by an objective standard by deter-

mining whether a reasonable person would perceive bias

or prejudice, United States v. Greenough, 782 F.2d 1556,

1558 (11th Cir. 1986). Moreover, “‘The alleged bias must

29a

stem from an extrajudicial source and result in an opinion

on the merits on some basis other than what the judge

learned from his participation in the case.” United States

v. Grinnell, 384 U.S. 563, 583 (1966); accord Johnson v.

Trueblood, 629 F.2d 287, 291i (3rd Cir. 1980), cert.

denied, 450 U.S. 999 (1981). The court finds that none

of plaintiff’s allegations present reasonable grounds upon

which judicial bias or prejudice could be perceived. Fur-

thermore, none of plaintiff’s allegations points to bias

or prejudice stemming from beyond the merits of his law-

suit. The court must therefore deny plaintiff’s motion to

recuse.

Plaintiff further asks this court to

forward copies of all the materials gathered by the

Court, Hon. Judge Brotman, and Hon Magistrate

Simandle to the Attorney General of the United

States with an urgent request that he forthwith

appoint a Special Prosecutor to work with this

Court in the adjudication of this case; and further

that the Court similarly fully apprise the Chairmen

of the U.S. Senate Committee on the Judiciary and

the Committee on the Judiciary of the U.S. House

of Representatives.

Plaintiff has failed to supply the court with either a fac-

tual or a legal basis for doing so, and therefore the court

must deny plaintiff’s request.

Plaintiff also asks the court to order Rutgers to rein-

state him “with a salary reflecting his latest paycheck and

with a job title of ‘Court Ordered Provisional Professor’

with the understanding that in the interest of continuity

of plaintiff’s employment he be paid back wages as well

going back to the day he was terminated from his em-

ployment... .” In essence plaintiff asks for summary

30a

judgment as well as injunctive relief. First, the plaintiff

has not demonstrated to the court the absence of any

genuine issues of material fact, and consequently sum-

mary judgment is inappropriate at this time. Second,

plaintiff has failed to make a sufficient showing for the

court to grant injunctive relief. To obtain such relief a

plaintiff must establish (1) a reasonable probability of

success on the merits; (2) irreparable injury; (3) that

balancing the equities requires relief; and (4) that injunc-

tive relief is in the public interest. United States v. Price,

688 F.2d 204, 211 (3d Cir. 1982); Kershner v. Mazurkie-

wicz, 670 F.2d 440, 443 (3d Cir. 1982). Because plaintiff

has failed to meet his burden, especially with regard to

irreparable injury, the court must deny the requested

injunctive relief.

Finally, defendant Division of State Police has moved

to dismiss plaintiff’s complaint on the grounds that the

eleventh amendment, U.S. Const. amend. XI, bars this

lawsuit. The eleventh amendment prevents any suit by a

citizen of a state against any state in federal court. Hans

v. Loutstana, 134 U.S. 311 (1890); see Edelman v. Jor-

dan, 415 U.S. 651, 663 (1974). The eleventh amendment

bar does not apply where a plaintiff seeks prospective in-

junctive relief against a particular state official rather

than against the state itself. Ex Parte Young, 209 USS.

123 (1908); Edelman, 415 U.S. at 663-68. Plaintiff’s law-

suit against the Division of State Police is in essence a

lawsuit against the State of New Jersey. See Urbano v.

Board of Managers of New Jersey State Prison, 415 F.2d

247, 250-52 (3d Cir. 1969), cert. denied, 397 U.S. 948

(1970). Because this action does not fit into any excep-

tion to the eleventh amendment bar, the court must dis-

miss the complaint against the Division of State Police.

3la

An appropriate order will be entered.

/s/ Stanley S. Brotman

Stanley S. Brotman

United States District Judge

DATED: March 14th 1989

32a

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

Civil Action #88-4115 (SSB)

JAY B. BRIGHT,

_ Plaintiff,

RUTGERS, THE STATE UNIVERSITY

OF NEW JERSEY, et al.,

Defendants.

ORDER

This matter having come before the court on plaintiff’s

motions (1) to amend the docket sheet, (2) to recuse,

(3) for this court to request the Attorney General of the

United States to appoint a special prosecutor, and (4) to

order defendant Rutgers, The State University of New

Jersey (“Rutgers”) to appoint plaintiff to the position of

“Court Ordered Provisional Professor,” and on defendant

New Jersey Division of State Police’s (‘‘Division of State

Police”) cross-motion to dismiss; and

The court having considered the submissions of the

parties; and

For the reasons set forth in the court’s opinion of this

date;

IT IS on this 14th day of March, 1989, hereby

ORDERED that

33a

(1) plaintiff's motion to amend the docket sheet is

DENIED;

(2) plaintiff’s motion to recuse is DENIED;

(3) plaintiffs motion to order defendant Rutgers to

appoint him to the position of “Court Ordered

Provisional Professor’’ is DENIED; and

(4) defendant Division of State Police’s motion to dis-

miss plaintiff’s complaint is GRANTED and the

complaint against the Division of State police is

DISMISSED WITH PREJUDICE.

No costs.

/s/ Stanley S. Brotman

Stanley S. Brotman

United States District Judge

34a

APPENDIX H

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

Civil Action No. 88-4115 (SSB)

JAY B. BRIGHT,

Plaintiff,

VS.

RUTGERS, THE STATE UNIVERSITY

OF NEW JERSEY, et ai.,

Defendant.

AMENDED ANSWER ON BEHALF OF DEFENDANT,

RUTGERS, THE STATE UNIVERSITY OF

NEW JERSEY

Defendant Rutgers, The State University of New Jer-

sey (hereafter, the “University’’) by way of answer to the

complaint says:

1. The University admits that the plaintiff in this

action is Jay B. Bright and that he filed this action pro se.

Otherwise, the University has insufficient knowledge or

information either to affirm or deny the remainder of

allegation 1.

2. The University admits that it is a defendant in this

action and that it is a public institution. The University

does not understand that part of the allegation relating to

the “principal representative being the officer in charge

of the University’s Camden campus and others with

35a

whom he/she works directly or indirectly . . .” and there-

fore does not respond, The University denies causing any

injury to plaintiff. The University admits that the other

co-defendants in this action are those who have been so

named.

3. The University does not understand allegation 3 of

the complaint and therefore does not respond.

4, This allegation relates to the jurisdiction of the

Court and does not set forth any factual allegations

which require either affirmance or denial.

5. The University admits that plaintiff was employed

by the University from July 1, 1984 to June 30, 1987 as

an Assistant Professor and from July 1, 1987 to June 30,

1988 as a Lecturer. The University has insufficient inde-

pendent knowledge or information either to affirm or

deny the remainder of allegation 5.

6. The University admits that plaintiff began his em-

ployment at the University in July, 1984 at the salary of

$30,140.00 per academic year. The remainder of allega-

tion 6 is denied.

7. The University denies the first and second sentences

of allegation 7.

With respect to the third sentence of allegation 7, the

University states that two grievances were filed pursuant

to the grievance procedure contained in the contract be-

tween the University and the faculty union; that the

University found the first grievance to be untimely and

aspects of the second grievance to be untimely as well;

that the first grievance was not pursued beyond the first

step of the grievance procedure; that plaintiff refused to

attend a meeting concerning the second grievance; that

the timeliness issue concerning the second grievance was

36a

taken to arbitration; that the arbitrator found one addi-

tional allegation of the second grievance to be timely;

that the University made a step one determination

adverse to plaintiff on the merits of the timely allegations

of the second grievance; and that the second grievance

was thereafter not pursued beyond the first step of the

grievance procedure. Otherwise, the third sentence of

allegation 7 is denied. =

The University denies the fourth sentence of allegation

Lp

The University has insufficient knowledge or informa-

tion either to affirm or deny the fifth and sixth sentences

of allegation 7.

The University denies the seventh sentence of allega-

tion 7,

With respect to the eighth sentence of allegation 7, the

University states that the contract between the Univer-

sity and the faculty union requires that arbitrators be

selected by means of written request to the State Media-

tion Service. Otherwise, the University denies the eighth

sentence of allegation 7.

With respect to the ninth and tenth sentences of allega-

tion 7, the University has insufficient information either

to affirm or deny what piaintiff believes.

The University has insufficient information either to

affirm to deny the eleventh sentence of allegation 7.

With respect to the twelfth sentence of allegation 7,

the University has insufficient knowledge or information

either to affirm or deny the statements pertaining to

meetings and communications between and among plain-

tiff, the arbitrator, and the faculty union. The University

denies the remainder of the twelfth sentence of allega-

tion 7.

37a

8. As to the first sentence of allegation 8, the Univer-

sity admits being served with three charges dated Novem-

ber 14, 1985, May 8, 1986, and March 18, 1987, respec-

rively; admits receiving a document dated January 30,

1987 entitled “Brief” but denies that that document is

a charge; has insufficient knowledge or information

either to affirm or deny the contention regarding a

charge supposedly filed on July 22, 1987; and denies

the remainder of the first sentence of allegation 8.

The University denies the second sentence of allega-

tion 8.

The University has insufficient knowledge or informa-

tion either to affirm or deny the remainder of allega-

tion 8.

9. The University denies allegation 9.

10. The University denies that it has rendered plaintiff

unable to find a job anywhere in the country and that it

colluded with national educational organizations and fed-

eral agencies. Otherwise, the University has insufficient

knowledge or information either to affirm or deny the

remainder of allegation 10.

11. The University denies allegation 11.

12. The University has insufficient knowledge or infor-

mation either to affirm or deny allegation 12.

13. The University denies that it carried out any cam-

paign of malice to discredit plaintiff; the University has

insufficient knowledge or information either to affirm or

deny the remainder of allegation 13.

14. The University denies allegation 14.

15. Allegation 15 states no facts which require either

affirmance or denial.

i

38a

16. The University denies allegation 16.

17. Allegation 17 constitutes plaintiff’s prayer for

relief and accordingly does not require either affirmance

or denial.

FIRST SEPARATE DEFENSE

Plaintiff’s claims are barred by the applicable statutes

of limitations.

SECOND SEPARATE DEFENSE

To the extent plaintiff asserts a claim under Title VII

of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et

seq., plaintiff’s claim is barred for failure to comply with

the administrative procedures and prerequisites contained

in Title VII.

THIRD SEPARATE DEFENSE

The complaint fails to set forth a cause of action.

FOURTH SEPARATE DEFENSE

The complaint fails to state facts upon which to base

a claim for relief.

FIFTH SEPARATE DEFENSE

Plaintiff’s claims are barred as a result of his failure to

exhaust internal remedies.

SIXTH SEPARATE DEFENSE

All actions of defendant Rutgers, The State Univer-

sity of New Jersey, or its officers, employees, or agents,

were based on legitimate, non-discriminatory reasons.

SEVENTH SEPARATE DEFENSE

Defendant Rutgers, The Staty; University of New Jer-

sey, and its officers, employees, or agents were at all

39a

times acting in good faith and therefore the University

is entitled to qualified immunity.

EIGHTH SEPARATE DEFENSE

To the extent that plaintiff asserts a claim under Title

VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e,

et seq., plaintiff’s claim is barred by virtue of the fact

that it is beyond the scope of the charges filed by the

plaintiff with the Equal Employment Opportunity Com-

mission.

WHEREFORE, defendant Rutgers, The State Univer-

sity of New Jersey demands judgment dismissing the

complaint, awarding attorneys’ fees and costs of suit, and

awarding such other relief as the court may deem appro-

priate.

VOGEL, CHAIT, SCHWARTZ AND COLLINS

A Professional Corporation

By: /s/ Aron M. Schwartz

Aron M. Schwartz

DATED: 3/31, 1989

40a

CERTIFICATION

I hereby certify that the foregoing Amended Answer

was filed within the time provided by Court order dated

March 17, 1989, and in the manner provided by the Fed-

eral Rules of Civil Procedure and that a copy of the fore-

going Amended Answer was served this date by certified

mail, return receipt requested and by regular mail on

Jay B. Bright

212 Hillcrest Avenue, #B

Collingswood, New Jersey 08108

I further certify that a copy of the foregoing Amended

Answer was served this date by regular mail on

Denise Reinhardt, Esq.

Reinhardt & Schachter, P.C.

744 Broad Street

Newark, New Jersey 07012

Walter Lucas, Esq.

Deputy Attorney General

Richard J. Hughes Justice Complex

CN 116

Trenton, New Jersey 08625

Dorothy Donnelly, Esq.

Assistant U.S. Attorney

401 Market Street

Newark, New Jersey 07102

/s/ Aron M. Schwartz

Aron M. Schwartz

DATED: 3/31, 1989

4la

APPENDIX I

United States District Court

For the District of New Jersey

Docket #88 4115 (SSB)

Plaintiff’s Various Motions Including Motions

to Compel Discovery, et al.

Jay B. Bright, Ph.D.

Plaintiff

v.

Rutgers, the State University of

New Jersey, ef al.

Defendants

PLAINTIFF’S VARIOUS MOTIONS INCLUDING

MOTIONS TO COMPEL DISCOVERY, EL AL.

* * *

9.00 Motion No. 9 (Returnable October 6, 1989):

The plaintiff further moves this honorable court to make

arrangements with the U.S. Attorney to hold hearings

“in Confidence” in regard to this case, as numerous indi-

viduals may then be able to testify without fear of retalia-

tion from the University-Corporate-Government complex

that bribed and/or coerced them to engage in blatantly

unlawful activity a la “The Nuremberg Defense” effect.

Plaintiff, as he has been at the receiving end of the bru-

talities and atrocities, can identify elected officials, cor-

porate officials, University personnel, students, physi-

42a

cians, shopkeepers, attorneys, personnel of this very

court, shopkeepers, and individuals from across the coun-

try and India (where plaintiff was born) who were thus

“used” by the University-Corporate-Government com-

plex. The activities against the plaintiff ranged (and still

continue) from fraudulently painting plaintiff ‘bad’, to

entrapment, to murder of the plaintiff and of members

of his family.

*x* * *

Date Jay B. Bright, Ph.D., Plaintiff

September 11, 1989 /s/ Jay B. Bright, Ph.D.

43a

APPENDIX J

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

Civil Action #88-4155 (SSB)

JAY B. BRIGHT, Ph.D.,

Plaintiff,

RUTGERS, THE STATE UNIVERSITY

OF NEW JERSEY, et al.,

Defendants.

ORDER

This matter having come before the court on plaintiff’s

motion captioned “alert and petition seeking denial to

hear against motions of defendant Rutgers Council of

AAUP”; and

The court having carefully considered the submissions

of the parties; and

The court having determined that the motion is frivo-

lous in that the court routinely grants parties additional

time to respond as the court has discretion to change the

retum date of a motion, see Local Rule 12(c);

IT IS on this 30th day of October, 1989, hereby

ORDERED that plaintiff’s motion is DISMISSED.

No costs. /s/ Stanley S. Brotman

Stanley S. Brotman

United States District Judge

ee ae Te E

44a

APPENDIX K

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

Civil Action No, 88-4115(SSB)

JAY B. BRIGHT,

Plaintiff,

vs.

RUTGERS, THE STATE UNIVERSITY

OF NEW JERSEY, et al.,

Defendants.

NOTICE OF MOTION FOR SUMMARY JUDGMENT

TO: Dr. Jay B. Bright, Pro Se

212 Hillcrest Avenue

Collingswood, New Jersey 08108

Denise Reinhardt, Esq.

Reinhardt & Schachter, P.C.

744 Broad Street

Newark, New Jersey 07102

Dear Sir and Madam:

PLEASE TAKE NOTICE that on Friday, March 16,

1990 at 10:00 a.m. or as soon thereafter as counsel may

be. heard, the undersigned, attorneys for defendant Rut-

gers, The State University of New Jersey, will move

po

45a

before the Honorable Stanley S. Brotman for an order of

summary judgment dismissing plaintiff’s complaint, pur-

suant to Fed, R. Civ. P. 56.

PLEASE TAKE FURTHER NOTICE that, in support

of the aforesaid motion, defendant, Rutgers, The State

University of New Jersey, relies upon the following:

1. The Affidavit of Peter Weissenberg;

Affidavit of Walter K. Gordon;

3. Plaintiff’s answers to Rutgers’ Interrogatories;

ho

4. Portions of the transcript of plaintiff’s deposition;

and

5. Brief.

In accordance with the local rules governing the Dis-

trict Court for the District of New Jersey, pleadings

responsive to this motion for summary judgment are to

be filed no later than 14 days prior to the return date.

VOGEL, CHAIT, SCHWARTZ AND COLLINS

A Professional Corporation

Attorneys for Defendant

Rutgers, The State University

of New Jersey

Maple Avenue at Miller Road

Morristown, New Jersey 07960

(201) 538-3800

By: /s/ Aron M. Schwartz

Aron M. Schwartz

DATED: February 20, 1990

46a

APPENDIX L

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

Civil Action No. 88-4115(SSB)

JAY B. BRIGHT,

Plaintiff,

VS.

RUTGERS, THE STATE UNIVERSITY

OF NEW JERSEY, et al.,

Defendants.

AFFIDAVIT OF PETER WEISSENBERG

STATE OF NEW JERSEY:

: SS.:

COUNTY OF CAMDEN

I, PETER WEISSENBERG, upon my oath, say:

1. I am employed by Rutgers, The State University of

New Jersey (the “University”) as a Professor at the Uni-

versity’s School of Business, Camden Campus. From July

1, 1982 to June 30, 1987, I served as the Associate Dean

of the Faculty of Business Studies (FBS), the predecessor

to the School of Business in Camden. This Affidavit is

made and submitted in connection with the University’s

Motion for Summary Judgment.

47a

2. Among my duties and responsibilities as Associate

Dean of FBS, as assigned by Dr. Walter Gordon, the Dean

of FBS, was the oversight of recruitment and hiring of

new faculty members. As a result, I became familiar with

general university hiring practices and procedures. Be-

cause I was personally involved in the appointment of

Dr. Jay Bright to the faculty of FBS, I have direct knowl-

edge of the circumstances of his hiring. Consequently,

the facts set forth herein are based upon personal knowl-

edge.

3. As a result of two vacancies due to the resignation

o: FBS faculty members, I began a recruitment and

search process in the fall semester 1983 to find replace-

ments, At the time the recruitment process began, $27,084

was allocated to the faculty line which Dr. Bright ulti-

mately filled. As of the time of the determination of the

amount of funds available for that line, we had not re-

ceived any inquiry or application from Dr. Bright indicat-

ing interest in that position or applications from any

other candidates, Furthermore, when Dr. Bright first

inquired about a position at FBS in February, 1984, we

were well into the recruitment process and had received

a number of applications for the position.

Attached as Exhibit A is a true and accurate copy of

the job listing which was placed with the Financial Man-

agement Association Placement Clearing House in con-

nection with the recruitment for the position ultimately

filled by Dr. Bright. Prior to my receipt of Dr. Bright’s

initial inquiry regarding this position in February, 1984,

the position had already been offered to several other

candidates at the rank of assistant professor and a salary

of no more than $27,084. Each of these three candidates

declined the offer.

48a

4. In February, 1984, I received a note from Dr. Bright

indicating interest in a position at FBS. I responded to

that inquiry by letter dated March 6, 1984 (a true and

accurate copy of which is attached hereto as Exhibit B).

In that letter | advised Dr. Bright that I was recruiting

for faculty in his field and would consider him for a posi-

tion provided that he furnished me with a complete vita.

I further advised Dr. Bright that I was unsure whether

any opening would be available since I was in the process

of discussing possible contracts with two other junior

faculty candidates. Dr. Bright then responded by letter

dated March 23, 1984 (a true and accurate copy of which

is attached hereto as Exhibit C). In that letter, Dr. Bright

expressed interest in a position as a visiting faculty mem-

ber at FBS with Rutgers. With respect to salary, Dr.

Bright stated, “I have in mind a figure in the low thirties

for the academic year.”

5. By memorandum of May 17, 1984, Dr. Milton

Leontiades, then Chairman of the Appointments & Pro-

motions Committee (the “A & P Committee”) in the

FBS, reported to me that he and Dr. Izzetin Kenis, also a

member of the A & P Committee had interviewed Dr.

Bright. (A true and accurate copy of Dr. Leontiades’ May

17, 1984 memorandum to me is attached hereto as Ex-

hibit D.) Dr. Leontiades reported that both he and Dr.

Kenis were “satisfied that Dr. Bright would be a worth-

while addition” to the FBS faculty as an assistant pro-

fessor.

6. By memorandum of May 18, 1984, I wrote to Pro-

vost Walter Gordon requesting the appointment of Jay

Bright as an Assistant Professor for a three-year term

beginning July 1, 1984. (A true and accurate copy of my

May 18, 1984 memorandum is attached hereto as Ex-

hibit E.) In that memorandum, I also requested additional

49a

funding, in the amount of $3,093, to bring Dr. Bright’s

starting salary to $30,177.

-

7. At the time plaintiff began his employment at the

University on July 1, 1984, there were five other assistant

professors in the FBS. The salaries of those faculty mem-

bers ranged from $25,217 to $28,794. At that time, Dr.

Bright’s salary of $30,140 was the highest of all the assist-

ant professors in FBS- These other assistant professors

held either a Ph.D., an MBA, a J.D., or an LL.M.—each of

which may be considered an appropriate terminal degree

for FBS faculty, depending on one’s field.

8. When I was Associate Dean of FBS, I was also re-

sponsible for making office assignments to new faculty in

the FBS. The primary consideration in making office

assignments was the availability of office space. In addi-

tion, an effort was made to place individuals with the

same area of expertise in the same vicinity. This is done

to encourage faculty interaction and professional devel-

opment.

9. The primary location of the FBS faculty offices was

in Victor Hall. As of September 1, 1984 when Dr. Bright

began at the University, 13 FBS faculty members had

offices on the sixth floor of Victor Hall and seven faculty

members (including Dr. Bright) had offices on the fifth

floor. In addition, three members of the FBS faculty had

office assignments in Armitage Hall, another building on

campus. At the time plaintiff was assigned his office in

July, 1984, that office was the only one available. More-

over, it was particularly appropriate since it was on the

same floor and in the same vicinity as the only other per-

son specializing in finance, Dr. Bright’s field.

50a

/s/ Peter Weissenberg

PETER WEISSENBERG

Sworn and subscribed to

before me this 20th day

of February, 1990.

/s/ Margaret S. Ryan

My commission expires 8/19/90

ATTACHMENTS TO AFFIDAVIT

OF PETER WEISSENBERG

INTENTIONALLY OMITTED,

EXCEPT FOR EXHIBITS B & C

5la

RUTGERS

The State University of New Jersey

Faculty of Business Studies

Camden, New Jersey 08102

March 6, 1984

Dr. Jay B. Bhatt, Director

PostGraduate Program in Business Management

Sauraschtra University

Rajkot Gujarat

360 005

India

Dear Jay:

Thank you very much for your note of February 6

indicating that you will be retuming to the U.S. soon and

might be interested in a position.

At the moment! am recruiting for faculty in the field

of Finance again znd will be glad to consider you. I do

remember that after our last meeting and discussion we

unfortunately concduded that you might not be able to

make the rank of Associate Professor with Tenure here

on our Faculty. However, if you will send me a complete

vita again I will be glad to review it once more. In addi-

tion it is possible I may be seeking a visiting faculty mem-

ber for one year only. If this happens to be the case,

would you be interested? Probably in that case, I would

be able to make it a Visiting Associate Professor. If you

are interested, please do let me know as soon as possible

and then I will get back with you.

52a

Please realize that I am not sure these openings will be

available since I am at present in the process of discuss-

ing possible contracts with two junior faculty candidates.

* * *

Cordially,

/s/ Peter

Peter Weissenberg

Associate Dean

53a

SAURASHTRA UNIVERSITY

Postgraduate Programme in Business Management

Rajkot, Gujarat

March 23, ’84

Dr. Peter Weissenberg

Associate Dean

Faculty of Business Studies

Rutgers, the State University

Camden, New Jersey, 08102

Dear Peter,

Thank you so very much for your letter of March 6th.

I have read your letter carefully, and it is my feeling

that I could give serious consideration to a Visiting Asso-

ciate Professorship in Finance with Rutgers/Camden for

this coming academic year.

As for the salary amount, I have in mind a figure in

the low thirties for the academic year. I will, incidentally,

happily accept your decision in this regard since we

seemed to be “on the same wavelength” on most things

when we had detailed discussions in Washington.

* * *

_ Sincerely yours,

/s[ Jay B. Bnght

Jay B. Bright, Ph.D.

54a

APPENDIX M

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

Civil Action No, 88-4115(SSB)

JAY B. BRIGHT,

Plaintiff,

VS.

RUTGERS, THE STATE UNIVERSITY

OF NEW JERSEY, et al.,

Defendants.

AFFIDAVIT OF WALTER GORDON

STATE OF NEW JERSEY :

: BS.:

COUNTY OF CAMDEN

WALTER K. GORDON, being duly swon, says:

1. I am employed by Rutgers, The State University of —

New Jersey (the “University’’) as Provost of the Univer-

sity’s Camden Campus and have been Provost since July

1, 1981. In addition to serving as Provost, I also served as

the Dean of the Faculty of Business Studies (FBS) at

Camden from July 1, 1982 to June 30, 1986. This Affi-

davit is made and submitted in connection with the Uni-

versity’s Motion for Summary Judgment. Accordingly,

the facts set forth in this Affidavit are based upon my

personal knowledge.

55a

2. My duties as Provost are set out in University Regu-

lation 2.31 which states:

2.31. The provost in Camden shall be the principal

administrative officer for the Camden campus in re-

spect of academic affairs, student life, business man-

agement, campus security, and physical plant opera-

tions. The provost shall provide overall policy direc-

tion for the deans of the several schools and colleges

and for the directors of the aforementioned admini-

strative departments on the Camden campus; shall

administer personnel policies and procedures con-

cerning both faculty and staff of those units and

shall have responsibility for the proper maintenance

of their personnel records; shall direct, with the ad-

vice of deans and directors, the planning and budget-

ing process for the campus as a whole; shall allocate

resources among the several academic units and

administrative departments; and shall provide gen-

eral supervision of all academic and administrative

affairs of and between the several units and depart-

ments, to ensure that their affairs are being carried

out effectively and in accordance with the policies

of the University. The provost shall be accountable

to the president of the University.

University Regulations 2.41, 2.414, and 2.41B defined

my duties as Dean of FBS:

9.41. A dean or director shall be the principal

officer of each academic unit of the University, e.g.,

college, graduate and professional school, institute,

or center. This officer shall be charged with the

supervision of the administration of that unit, to

ensure that it is being carried out in accordance with

the policies of the University.

241A. Each dean or academic director shall pro-

vide overall direction for the several department

56a

chairpersons and directors of degree programs in

that unit and shall lead the faculty and staff of the

unit in the creation and implementation of effective

programs of instruction, research, service, and stu-

dent life.

2.41B. In the execution of these responsibilities,

the dean or academic director shall review the aca-

demic programs of the several departments and

degree programs of the unit, as well as the student

life program of the unit as a whole, and shall develop

with the advice of the department chairpersons the

overall asking and working budgets for the unit. The

dean or academic director shall supervise the overall

personnel and budget administration of the unit,

and shall be responsible for the maintenance of such

personnel and fiscal records as are necessary for the

proper exercise of these responsibilities.

I am consequently personally knowledgeable and familiar

with general university hiring practices and procedures

and the collectively negotiated agreement between the

University and the Rutgers Council of AAUP Chapters,

the faculty union (AAUP).

3. While I was the Dean of FBS, the Associate Dean

of FBS performed such duties and responsibilities as I

assigned to him from time to time. Although I generally

delegated responsibility for recruitment and selection of

faculty to the Associate Dean of FBS, I retained the

appointment authority. Following this procedure, in

1984 I delegated to then Associate Dean of FBS, Dr.

Peter Weissenberg, the responsibility for the recruitment

and search process that ultimately led to the hiring of

Dr. Jay Bright. ‘

4. The first step in the hiring process in the FBS is a

determination by the faculty and administrative officers

57a

of FBS is a determination by the faculty and administra-

tive officers of FBS that a vacancy needs to be filled (or

that a new position should be established). No hiring can

actually take place unless a “line” is available to the FBS

—1.e., a commitment of a certain amount of funds for the

position. The faculty and administrative officers of FBS

also determine the fields of expertise, the types and levels

of experience and other credentials to seek in candidates

for the position. These procedures were followed in con-

nection with filling the position ultimately offered to

Dr. Bright.

5. Candidates for a faculty position at FBS are ordi-

narily interviewed by the FBS Appointments and Promo-

tions Committee (the “A & P Committee”). Pursuant to

University regulations, each faculty or college (academic

unit) has its own A & P Committee. The duties of the

A & P Committee are to advise the dean of the academic

unit as to appointments, reappointments, promotions,

retirement and personnel procedures generally.

6. By memorandum of May 18, 1984, the Associate

Dean of FBS (then Dr. Peter Weissenberg) requested the

appointment of Jay Bright at the rank of assistant pro-

fessor. (A true and accurate copy of Dr. Weissenberg’s

May 18, 1984 memorandum is attached as Exhibit A.)

As stated in Dr. Weissenberg’s memorandum, the line

available to FBS for this appointment was _ initially

funded up to $27,084. Dr. Weissenberg sought additional

funding in the amount of $3,093 to bring the salary to

$30,177. This figure corresponded to a range and step on

the salary guide then in effect and negotiated between

the University and the “AAUP” (a true and accurate

copy of which is attached hereto as Exhibit B). (The

AAUP is the majority representative of Rutgers Univer-

sity full-time faculty members for purposes of collective

negotiations. )

58a

7. On May 25, 1984, I wrote to Dr. Bright offering

him a faculty position in the FBS. (Attached as Exhibit

C is a true and accurate copy of my May 25, 1984 letter

to Dr. Bright.) With that letter, I sent Dr. Bright a stand-

ard faculty contract calling for a starting salary of $30,140

for the academic year and appointment at the rank of

assistant professor. The reason for the salary of $30,140

instead of the $30,177 proposed by Dr. Weissenberg was

that a new collectively negotiated salary guide was going

into effect on July 1, 1984. (A true and accurate copy of

the salary guide effective as of July 1, 1984 is attached

hereto as Exhibit D.) The closest dollar amount on the

new guide that corresponded to the proposed salary of

$30,177 was $30,140.

8. Under cover of a letter dated June 13, 1984, Dr.

Bright returned the signed contract to me. (True and

accurate copies of his June 13, 1984 cover letter and the

signed contract are attached hereto as Exhibit E and

Exhibit F, respectively.)

9. The contract assigns Dr. Bright the rank of Assist-

ant Professor. In assigning academic rank upon initial

appointment, the following factors are weighed and con-

sidered by the University:

—degree(s) received or to be received

—institutions attended

—nature and extent of scholarly publications and

research activity

—quality and quantity of scholarly publication and

other evidence of research activity

—nature and extent of involvement in professional

and academic organizations

—experience and professional promise

—teaching experience

—visibility and impact within the field

The appraisal of qualifications is a process of making pro-

fessional academic judgments about the quality of one’s

credentials, scholarship and research activity; about the

merit of one’s achievements and potential; and about the

promise for future professional growth and contributions

to the field. These judgments are made by experienced

and tenured faculty members and academic administra-

tors.

10. Of the six assistant professors in FBS in July,

1984 (the time of plaintiff’s hiring), Dr. Bright was the

highest paid. The salaries and highest academic degree of

the Assistant Professors in FBS as of July 1, 1984 were as

follows:

$25,217 —J.D.

$25,515 — LL.M.

$28,255 — Ph.D.

‘ $28,345 — M.B.A.

$28,794 — M.B.A.

$30,140 — Ph.D. (Plaintiff).

In this regard, it should also be recognized that in the

FBS, a Ph.D. is not the terminal degree for various spe-

cialties. Depending on one’s field, an M.B.A., a J.D.,

LL.M. or a Certified Public Accountant license may be

appropriate.

/s/ Walter K. Gordon

WALTER K. GORDON

60a

Sworn and subscribed to

before me this 16th day

of February, 1990.

/s/ Marc E, Alterman

Marc E. Alterman

An Attorney at Law

of the State of New Jersey

ATTACHMENTS TO AFFIDAVIT

OF WALTER GORDON

INTENTIONALLY OMITTED,

EXCEPT FOR EXHIBIT E

é

6la

Dr. Walter K. Gordon

Dean

Office of the Provost

Rutgers—the State Univ.

Camden, NJ 08102

6-13-1984

Dear Dean Gordon,

Thank you for your letter of May 25, 1984 and for

the accompanying employment contract.

I have signed the contract, accepting my appointment.

The signed contract and other forms for the personnel

files are enclosed herewith.

Thanking you.

Sincerely yours,

/s/ Jay B. Bright

SES ern REE Te

62a

APPENDIX N

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

Civil Action No. 88-4115 (SSB)

JAY B. BRIGHT, Ph.D.,

Plaintiff,

VS.

RUTGERS, THE STATE UNIVERSITY

OF NEW JERSEY, et al,

Defendants

Wednesday — July 12, 1989

Oral sworn deposition of Dr. Jay B. Bright, Ph.D.,

taken in the law offices of ARCHER & GREINER,

ESQUIRES, One Centennial Square, Haddonfield, New

Jersey, before Teresa Ann Iannaco, Certified Shorthand

Reporter and Notary Public of the State of New Jersey,

on the above date, commencing at 10:17 am., there

being present:

APPEARANCES:

VOGEL, CHAIT, SCHWARTZ & COLLINS, ESQUIRES

BY: MARC E, ALTERMAN, ESQUIRE

Attorneys for Rutgers, The State University

REINHARDT & SCHACHTER, ESQUIRES

BY: DENISE REINHARDT, ESQUIRE

Attorneys for Rutgers’ Chapter of AAUP

63a

ALSO PRESENT:

BARBARA A. McMANUS, Paralegal

* * xX

[62] A. I was born in 1932, sir. December 29, 1932.

Q. And where were you bom, sir?

[63] A. Objection, again. Irrelevant.

Q Sir, you have based your complaint in some man-

ner on your allegation that you’re being discriminated

against because of foreign birth. I can’t think of any-

thing more relevant than an answer to the question of

where you were bom, so please answer the question.

A. So as university’s attorney, naturally, you wish to

make this clear then. Yes, sir, I was born in the country

of India.

Q. Where, specifically?

A. I was born in the province which is called Gujarat,

G-U-J-A-R-A-T, Gujarat.

* * *

[64] A. My schooling was begun in the city of Bom-

bay, sir.

Q. And what, what type of school did you attend ini-

tially in Bombay? Was it a public school?

A. All this is, of course, under objection, but I am

responding anyhow. You understand that.

Q. Your objection is noted, sir.

A. Yes, Well, I suppose there is no harm in talking his-

tory, I suppose. I began schooling in the city of Bombay.

Do you want to know the name of the school?

Q. If you know. What I'd like to do, sir, so you under-

stand what my purpose is, is develop for my own infor-

mation, on behalf of the university, an understanding

of your educational background and the [65] the history

from, as I indicated, earliest days --

64a

A. I see.

Q. - and I’m going to move forward. And, you know,

I realize that you have advanced degrees. I will work up

to those. But, in order to fully appreciate your back-

ground --

A. Yes, yes.

Q. -which reflects on your qualifications to be a pro-

fessor at Rutgers or any other university, I think it’s im-

portant that I appreciate the entire educational back-

ground.

A. Sure.

Q. It’s, as I say, it’s nothing out of the ordinary. |

just need some framework.

A. Let’s go ahead and ask me a somewhat narrow

question now, please.

Q. Okay. I think I, I think I asked you -- you were

telling me you began your schooling in Bombay.

A. City of Bombay.

Q. The city of Bombay.

A. It’s, it’s like New York, New York, you see? Be-

cause, in those days, not now, --

Q. Um-hum.

A. -- Bombay also was a state. Now they’ve changed

the names.

[66] Q. I see. I, most candidly, -

A. That’s the reason I keep saying city of Bombay.

Q. I understand. I appreciate that clarification. I

must say that my knowledge of Indian geography would

not win me any prizes.

A. Mine » ouldn’t either. I’ve been here for 30 or 31

years, so I don’t know much about India now. I’ve for-

gotten most of it.

Q. I’m glad at least we would all enjoy a smile at least

for a change. In any event, in the city of Bombay you

oO

‘o>

yr

28)

began your schooling.

I don’t know what the ordinary course of educa-

tion in the city of Bombay is. Were there public schools

that you attended?

A. Well, I attended -- you see, what we call public

schools here are not called public schools there. Here, by

public schools we mean schools that are funded by

municipalities and so forth, you see? In the British Com-

monwealth, it’s the exact opposite meaning. Public

schools there mean privately funded, private schools,

so in that sense, I attended private schools.

Q. Which would the state-sponsored schools?

A. No, no, private schools.

Q. Oh, private school --

[67] A. Private schools.

Q. What we would consider private schools in the

states?

A. In this country, yes.

Q. Okay. I see. And how long was your education at

these private schools?

A. All the way up to high school and then into college.

Q. Okay. What year did you graduate from high

school, sir?

A. 19 and, let me think. 1950, 1-9-5-0. All this is

under objection, of course, but, you know, since you are

curious. Not many people ask me about my childhood,

so, go ahead.

* * *

[76] Q. And you came to America, when, sir?

[77] A. 1958.

Q. January --

A. Now, all this is under objection, is irrelevant.

Q. January or December or somewhere in between in

1958?

66a

A. June, sir.

Q. Okay. And what did you do when you came to the

states?

A. Irrelevant, sir.

Q. Please answer the question.

A. Sir, this is clearly beyond the scope of the issues.

Q. Sir, your experience bears directly on the issues in

this case. It’s critical for me to know what your back-

ground is. Among your allegations are that the university

paid you an inadequate salary and discriminated against

you based, I believe, on your foreign birth and your

color. In order to determine the reasonablness of the

university’s action, it’s essential that I be aware of your

entire background, That’s what I’m asking you for.

You came to the states in you June, 1958. I’d

like to know, first of all, where you moved to in the

states?

[78] A. Sir, may I correct you on one thing, sir?

Q. You can make a statement, sir.

A. What complaints I have against the university are

in the complaint itself. What you represented them --

your representations of the complaint vary from the

complaint, sir.

Q. The complaint will speak for itself, Dr. Bright, and

we'll get to that, I have no doubt, at some point. Never-

theless, I’d like you to answer my question. Where did

you come to when you came to the United States in

1958?

A. Under objection, I can answer it.

Q. Your objection’s noted,

A. I went to a college, a private college in San Fran-

cisco.

Q. What college was that?

A. It is called, was called the Heald, H-E-A-L-D, Col-

lege of Engineering.

Re

6/a

Q. And what did you study at that college?

A. Engineering.

Q. Any specialty in engineering or --

A. I think I had planned to major in electrical engi-

neering.

Q. And how long did you study at Heald College?

A. About a year, one year.

[79] Q. Would that be the academic year 1958-'59?

A. I believe so, yes.

Q. Did you receive a degree upon completion of your

studies at Heald College?

A. No, sir, I did not.

Q. And you left there then in June of 1959; would

that be correct?

A. That is correct.

*x* * *

[103] A. Let me think now. I think I then wanted to

go back to school and apply to a number of universities

and one of the universities who not only accepted my

application but also promised some assistance was the

University of Houston, in Texas.

Q. What, what program did you apply to?

A. In the college of business. They had a master’s

degree program, economics and management.

Q. Previously, Dr. Bright, you told me that your stud-

ies had been in the field of science.

A. Sciences, that’s nght.

Q. Okay. Had you ever taken any business courses

prior to your application to the University of Houston

in approximately 1960?

A. Oh, no. As a matter of fact, before 1960, I [104]

had never taken any courses in business anywhere. But,

my working in the industry told me that, to be in a man-

agement position, it was essential to get schooling in busi-

68a

ness administration or business management. This is, this

is the reason I decided to go into management schooling.

Q. And you applied and were accepted to the Univer-

sity of Houston then?

A. That is correct. .

Q. And when did you matriculate with the University

of Houston?

A. I got my master’s degree in 1962.

Q. I didn’t ask you when you received your degree,

sir, I asked you when you matriculated there. When did

you begin attending classes there at the university of

Houston?

A. Oh, 1960 -- oh, wait a minute. ’61, I think. At least

61, 1 believe. Probably so. Yeah, 1961.

Q. So you were out of work then for some time be-

tween being laid off at Raytheon and matriculating at

the University of Houston?

A. That is —- that may be. I don’t recall, but that’s

possible.

Q. Well, did you have a family at that time, sir?

A. Oh, no.

[105] Q. No?

A. No, no, no, no.

Q. Were you collecting unemployment compensation

or anything of that nature during that period of time?

A. I don’t believe so, no.

Q. You began attending the University of Houston in

early 1961?

A. Yeah.

Q. And you were taking business courses?

A. Courses in economics, in agricultural economics, in

farm management, behavioral sciences, including soci-

ology I think and so forth. They have a well-rounded cur-

riculum. Most universities do, you see, but my master’s

thesis was in management.

eee

69a

Q. We'll get to that in a minute. Did you take a full

load of courses?

A. Oh, absolutely.

Q. Were you working at all during that period apart

from your studies? Did you have a, other part-time

employment?

A. Yeah, I had departmental -- you see this was prom-

ised by them -- departmental part-time employment.

Q. When you say departmental part-time employ-

ment, what do you mean? What do you mean?

A. Doing work in the department, clerical work,

[106] you know, statistical, helping the professors with

their statistics’ research. Clerical work, mostly.

Q. Did it entail any teaching?

A. Oh, no, it was more of a, what is known as research

assistant, not teaching assistant.

Q. And you were paid for this work?

A. Yes, I was.

Q. And that was more or less I take it in the form ofa

stipend?

A. Stipend is the right word.

Q. I see. Was that the extent of the financial aid which

you received from the University of Houston?

A. Yes, that’s right.

Q. Did you pay tuition to the -

A. Full tuition.

Q. Okay. Just so I understand, then, you were a full

paying student?

A. Yes.

Q. But you received --

A. Somewhat work.

(Interruption by court reporter.)

BY MR. ALTERMAN:

Q. Dr. Bright, the court reporter has I guess admon-

ished both of us to try to talk one at a time. Please let

70a

me try to complete my questions. Again, [107] I'm just

trying to understand what you’re telling me having not

experienced it myself. I have to ask you specifically what

went on in order to understand it. What I was saying, |

think, was that my understanding is that you paid tui-

tion, full, the tuition as an ordinary student but you did

receive some aid in a sense that you had a job and re-

ceived the stipend for performing some clerical work as

a research assistant?

A. I think what you described is, conveys the mean-

ing, yes.

Q. Okay. Good. Thank you. And you did that begin-

ning in early 1961. I take it that would be with, the

equivalent of the spring semester in 1961?

A. Possibly, quite possibly.

Q. Did you attend school that summer?

A. Yes, I did.

Q. So you were continuing full time?

A. Yes, all the way up to getting my master’s degree.

Q. Okay. And when did you receive your master’s

degree?

A. Let me --

MR. ALTERMAN: Dr. Bright, feel free to change

your audio tape again.

MR. ALTERMAN: We’re back recording, Dr.

[108] Bright?

THE WITNESS: Yes, sir.

MR. ALTERMAN: Okay. Good.

BY MR. ALTERMAN:

Q. I do not remember whether there was a question

pending. If there was, I’ll withdraw it. And I think you

were telling me you received your master’s degree in

1962 from the University of Houston?

A. August of 1962.

7la

Q. Okay. You told me a little bit, sir, that you took

courses in economics, agricultural economics, foreign

management and behavioral sciences. Were there any

other particular areas that you studied in prior to receiv-

ing your master’s in 1962?

A, Well, let me think now. You know, it’s going back

so many years. There was a course in marketing, as I re-

call. There was a course in statistics. My thesis was in

management of agricultural cooperatives. I may have

taken a course in labor economics; that’s right, I did, a

course in economic development. It was a fairly well-

rounded curriculum.

x * *

[118] Q. Okay. You went down to Houston in 65 or

early ’66 to begin further studies?

A. That is correct.

Q. Did you have a scholarship there?

A. No, not at that time, no, sir.

Q. Okay. You were then a full tuition student again

at the University of Houston?

A. I had saved up money just for that purpose, you

[119] see.

x * *

[132] Q. Okay. And you had ther completed the

requirements for the Ph.D. at the University of Houston?

A. When you finish the thesis and when you defend

it.

Q. The dissertation?

A. The dissertation. And when the advisers, there

are four of them, when they sign it, then you have a de-

gree in hand. The actual confirmment takes place at

[133] the time of commencement.

Q. And the commencement was in August 1969?

A. That’s right, yes.

72a

A. I had a job offer from the university system of

Georgia in Columbus, Georgia, so in September of ’69,

I accepted, went, joined the college in Columbus,

Georgia.

Was that a minority college?

Oh, no, it was a white college.

It was a part of the University of Georgia?

Yes, university system of Georgia.

I see. And what was your rank?

A. Assistant professor in the college of business. The --

it was a division of business, not a college of business.

Q. And what was your salary when you began there?

A. You realize all this is under objection anyhow.

Q. That’s fine.

A. As I recall, it was 13 thousand dollars for nine

months. In those days, you could buy a house for 14

thousand, by the way, in those days, you know.

* *

OPO rev

[135] Q. Were you doing any independent research

during that period of time?

A. Well, I was working on a revision of my disserta-

tion to publish it as a book.

Q. I’m sorry.

A. A revision.

Q. A revision?

A. Yes. I did the -- by the way, it was published as a

book.

Q. We'll get to that in a minute. Your primary inde-

pendent work was to work on a revision of your disser-

tation during that period of time?

[136] A. Well, not during’ that period but it was one

of the things I did.

Q. Okay. What other independent work did you

undertake while you were teach --

a a all

73a

A. Well, --

Q. -- while you were teaching at the University of

Georgia?

A. I was, in those days, thinking back, I was interested

in economic theory, you know, especially microeconomic

theory, and I researched in that. Columbus College had a

very small library, so we were somewhat limited in that.

Q. Did you prepare any papers during that period of

time while you were an assistant professor -

Yes, sir.

-- at the University of Georgia?

Yes, I did.

How many papers?

I think I presented maybe four, maybe four papers.

Were those papers published then?

Well, if they were published, it would be in the

journals of the associations.

PO PO POY

x * *

[150] Q. And you’ve never bothered to find out?

A. No, I haven’t, really.

Q. Apart from that publication, did you publish any

other material while you were an assistant professor at

the university system of Georgia at Columbus?

A. I can’t think of any right now. There was, I started

work on a second book on Environmental Economics.

Q. I’m sorry, what economics?

A. Environmental.

Q. Environmental?

A. Economics.

Q. That was other independent research you did while

A. Yes.

Q. ~ at Columbus College?

A. Yes, that’s right. But it was not finished, the book

was never finished.

74a

Q. Did you conduct any other academic research dur-

ing that period of time?

A. Apart from what I said, I can’t think of any other.

[151] Q. Were you a member of any professional

associations during that period of time?

A. Well, yes, the American Economic Association, the

Southwestem Economic Association, the Academy Of

Management, the American Institute For Decision Sci-

ences, Atlantic Economic Association. These are some

that I can think of.

Q. Did you hold any offices in any of the professional

associations of which you were a member?

A. Well, if by office you mean chairing a session or

program coordination, I did that once for the Southwest-

ern Economic Association.

Q. Tell me what you did.

A. Essentially, it had to do with screening papers for

presentation and recommending them to the session, or,

rather, the program chairman.

Q. Are there any other activity of that sort for any of

the other professional organizations?

A. Oh, yes, indeed, indeed. I was a foundiig member

of the American Institute For Decision Science..

Q. And what is the American Institute For Decision

Sciences?

A. Okay. Now it is called the Decision Sciences Insti-

tute. You see, they changed it because the [152] letters

A-I-D-S now have a different connotation, so --

Q. Fair enough.

A. - so they, as soon as the New England Medical

Journal popularized A.I.D.S., these people got together

and changed the name to - D.S.I., Decision Sciences

Institute. What they do, they promote a quantity to man-

agement techniques in universities, you see.

oO

75a

Q. How many members does that association have

now?

A. I would say not less than two or three thousand.

Maybe more.

Q. How many did it have -- strike that?

A. When?

Q. How many, quote, “founding members’, end

quote, were there?

A. The founding members would be a hundred or so.

Q. Did you carry out any administrative function with

respect to that organization?

A. Well, during the initial stages, promotional ma-

terial, explaining the institute, you know, helping with

mailing out things, mailing out literature. This was, I

think, in 1970, ’71, something like that.

Q. At Columbus College, with respect to the [153]

college, did you perform any administrative functions in

your department?

A. No, I never did.

Q. I don’t think I asked you, Dr. Bright, who was the

dean at the school that you were at at Columbus College?

A. Columbus College?

Q. Yes.

A. Well, we did not have a dean. It was a division, so

we had a division chairman.

Q. Okay. Who was the division chainnan?

A. A gentleman by the name of Voinich, V-O-I-N-I-

C-H.

Q. Do you know Professor Voinich’s whereabouts

today?

A. I’m quite sure he’s either retired or otherwise inac-

tive because even in those days he was a very old man.

Q. I see. How many faculty members were there in

your division?

76a

Okay. I have to think back now.

Approximately.

Let’s see. I’d say about 14, 15.

. Were any of those, other than yourself, minority

members?

[154] A. I was the only one. I was the only minority.

Q. Were there any women in that group?

A. Yes, there was a lady. She used to teach shorthand

and typing, of all things, to evening students, you know.

She was a leftover from very old days when a doctorate

was not necessary. She was the only one who didn’t have

a doctorate, I think, and she was left over. She was, I

think, involved in teaching shorthand and typing to ladies

in the evening who were working in the industry. She

wasn’t on the faculty but they kept her on because she

was, she had tenure and so forth, so...

Q. Was - strike that. At Columbus College, was it pri-

marily an evening school?

A. Oh, no, no, no, no, no, They had very few evening

classes, as a matter of fact. It was a regular day college.

THE WITNESS: Please note that Mr. Alterman

is conferring with his associate.

BY MR. ALTERMAN:

Q. Did you have an office at Columbus College, Dr.

Bright?

A. Yes.

Q. And why don’t you describe to me the office facili-

ties that you enjoyed.

[155] A. It was comparable with offices provided to

others. Same size, same location. There was no discrimi-

nation involved.

Q. With respect to the others in the department, you

said there were approximately 14. How many of them

were at your rank and how many were above or below

you, roughly?

OPO>

oe Aner

ija

A. Well, I think there were two associate professors,

one full and the rest were assistant professors or below.

It was a young department, so to speak.

Q. Let’s talk about your salary history there, Dr.

Bright. I think you told me before that your initial salary

there was $13 thousand, i think, for a nine-month period,

although --

A. Nine month, yes.

Q. Okay. Did it increase over time?

A. It increased every year.

Q. Could you tell me, if you recall, the increments for

each year leading up to what your concluding salary was

there?

A. I do recall that they were what the State of Geor-

gia approved for state colleges. It was never less.

Q. That’s not what I asked you, Dr. Bright. I [156]

asked you --

A. Percentage?

Q. -- if you could give me either percentage, or, more

useful to me would be if you remember the salary. Now,

you said you started at 13,000 for a nine-month period.

How much did you make in the next nine-month period?

A. Oh, that, I don’t recall. But at the end, it was tow-

ard 15 thousand.

Q. So between 1969 and 1975, your salary increased

from 13,000 to $15 thousand per nine-month period?

A. It was ’69 to ’74, as I recall. You see, it makes four

years -- five years that way. ’69-’70, ’70-’71, ’71-’72, so it

will go up to ’74.

Q. Your last academic year at Columbus College then

was 1973-’74?

A. Wait a minute, It may have been °74-’75.

Q. So you may have been there for six years then?

A. No, five years. If -- I had -- I was counting. I think

78a

it was five years. What does it come to? I have to, I have

to put it down on paper.

Q. If you began, if you began in the fall of 1969 --

A. Right.

Q. -- and I think you testified that that was the [157]

case, --

A. Yes.

Q. -- five academic years would bring you through to

June of 1974,

A. °74?

Q. That’s correct.

A. Yeah, that’s what it is.

Q. That would be five academic years.

A. That’s right. That’s what I told you.

Q. Okay. So from 1969 ’til June of 1974, your salary

increased from 13,000 to --

A. About 15 thousand, which is what the state ap-

proved. You see, in those days, as I -- we talked earlier,

you could buy a house for 13, $14 thousand, and Lester

Maddox, M-A-D-D-O-X of the X Hall of Fame, you re-

call? If you don’t -- he thought that college teachers did

not deserve any raises.

Q. What were the circumstances of your leaving Co-

lumbus College?

A. Okay. They had failed to promote me while pro-

moting those who got their Ph.D. after joining Columbus

College. Therefore, I had filed a complaint against them

with the EEOC, Equal Employment Opportunity Com-

mission, and, therefore, they did not renew my contract.

[158] Q. Let’s go back. Were you up for promotion

at any time during your, during the period you were at

Columbus College?

A. Yes, I was up for promotion in my second year. I

went to the dean. I told the dean I have this letter from

————

}

é

5

x

|

79a

Louisiana Technical University offering me an associ-

ate professorship. I had that in hand. I had said either

let me go or give me a promotion and raise. He said,

Jay, we'll give you a promotion and raise, so I did not

go to Louisiana. These people never gave me a raise Or

a promotion, It was then that I went to the EEOC.

Q. What year did you go to the EEOC?

A. Well, I, I think it would be probably in °73, as I

recall. I’m not sure. ’73, more than likely.

Q. And did you file a formal charge with the EEOC?

A. Yes. I had to go to Atlanta, you see, to do that,

and I did that.

Q. And, again, what was the substance of your alle-

gations?

A. Failure to give me a promotion.

Q. What type of discrimination did you allege, if

any?

A. Based on foreign birth, race, color.

Q. Was there an investigation conducted by the [159]

EEOC, to your knowledge?

A. If there was, I do not know of it.

Q. What was the disposition of that charge?

A. The disposition was that I withdrew my complaint

in 19 and ’76.

Q. Why did you withdraw the complaint?

A. I withdrew it because, number one, I had left Geor-

gia and I was unable to find a job without a recommenda-

tion from Columbus College, so the same dean who did

not let me go to Louisiana, who did not promote me, he

told me on the phone that he will definitely put in a good

recommendation if I withdraw the complaint. So, again, I

took him at his word, and, again, he did not put in a good

recommendation, so I wound up withdrawing the com-

plaint and did not find -- did not get the job that I had

applied for.

80a

Q. Was that Professor Voinich that you’re referring

to?

A. No, I was, I was thinking of Anderson, John An-

derson. Voinich I think was not the dean at that time. So,

anyhow, | knew that John Anderson was not to be

trusted. I knew that, but with the remote hope that he

will keep his word this time, I took a chance, and I was

mistaken.

Q. Let’s go back to Columbus Coilege. 1974, You,

[160] your contract was not renewed for the ’74-’75 aca-

demic year?

A. I think for the ’75-’76 it was not renewed, you

know, for the following year. ’74-’75 would be the last

year, I think. So, for the following year it was not re-

newed.,

Q. Well, there’s a little bit of a discrepancy, Dr.

Bright, because you said you were there for five years,

which you --

A. As I recall. Either four or five. I’m not sure. It

might be five I’m inclined to think.

Q. If you said you were there until the end of the

academic year of 1975 --

A. ’74,

Q. Right.

A. End of the year, academic year ’74.

Q. Right. So your contract was not renewed then for

the ’74-’75 year? Let me ask you this? The nine-month

period covered by these contracts was ordinarily Sep-

tember to June?

A. September to June, yes. So in June of ’75, I was

out. That’s, that’s what it amounts to.

Q. Dr. Bright, I’m having difficulty because - I’m

not trying to be -- strike that. I’m having difficulty be-

cause you said you began at Columbus [161] College

an neces caeeacemaaaaaaaiiaaiiiial

8la

in the fall of ’69 with a contract for the academic year

‘69-’70. You said you were there for five years, that you

taught there for five years.

A. That’s my recollection.

Q. Right. Which would bring us through to the con-

clusion of the academic year 1973-1974.

A. No, it would not, sir. If you count again.

Q. All right. I will count it. I will count it and you

tell me whether I’m right or wrong. ’69-’70 is one; ’70-

’71 is two; ’71-’72 is three; ’72-’73 is four; and *73-’74

is five. So five years would conclude in June, 1974, I

ask you again, were you -- did you teach there -- try to

do it this way: Did you teach there in 1974-’75 academic

year?

A. Well, I was there for five years, as I recall, and if

the five years concluded in ’74, then maybe not.

* * *

[163] Q. Did you send out resumes?

Many of them.

Hundreds?

Possibly.

One hundred?

More like three or four hundred.

Did you receive any interviews from anyone?

A. Well, to my amazement, I did not get a single

[164] interview until August of ’74 from a college

which was about sixty or seventy miles from Columbus

College; Montgomery, Alabama.

OPO Poy

82a

APPENDIX O

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

Civil Action No. 88-4115 (SSB)

JAY B. BRIGHT, Ph.D.,

Plaintiff,

VS.

RUTGERS, THE STATE UNIVERSITY

OF NEW JERSEY, et al.,

Defendants.

Monday — July 24, 1989

Oral sworn deposition of Dr. Jay B. Bright, Ph.D.,

taken in the law offices of ARCHER & GREINER,

ESQUIRES, One Centennial Square, Haddonfield, New

Jersey, before Teresa Ann Iannaco, Certified Shorthand

Reporter and Notary Public of the State of New Jersey,

on the above date, commencing at 10:24 a.m., there

being present:

APPEARANCES:

VOGEL, CHAIT, SCHWARTZ & COLLINS, ESQUIRES

BY: MARC E. ALTERMAN, ESQUIRE

Attorneys for Rutgers, The State University

JOHN B. WOLF, ESQUIRE

83a

(23] Q. When did you leave employment there then?

A. Well, I was fired from there. My contract was not

renewed I think beginning the end of the summer of ’75,

as I recall, going back 15 years.

* * *

[25] Q. Incidentally, did you ever file any charges of

discrimination against the Alabama State University ?

A. Yes, I did.

Q. Whom did you file those charges with?

A. With the EEOC, the Equal Employment Oppor-

tunity Commission.

Q. Okay. And do you know approximately when

those charges were filed?

A. The charges were filed sometime in the spring oi

1975, as I recall.

Q. Was it before or after you were advised of your

nonrenewal?

A. I’m not sure.

Q. Was the — strike that. What was the substance of

your charges against Alabama State University?

[26] A. I’m not sure, but I imagine it would be —

come to think of it, it may have been office assignment

and salary discrepancy because while I was there, I think

they hired non-Ph.D.s, who were white, at a salary higher

than mine, and as regards office assignment, I do know

that I was the only associate professor with no individual

office, and I think there were six people in the room

where I had my desk. That was supposed to be my office

assignment. So these two certainly would be issues. |

don’t recall the details.

Q. Did you claim that Alabama State University dis-

criminated against you at the time they hired you?

A. I may have claimed it, I’m not sure.

84a

Q. Did you claim that they — strike that. Did you

claim that you were terminated as a result of discrimin-

ation by the Alabama State University or others connect-

ed with that institution?

A. I don’t know, sir. I’m not sure.

Q. Well, do you think now that you were discriminated

against when you were discharged by the Alabama State

University?

A. I, I believe so, yes.

Q. Okay. And what was the basis of that discrimin-

ation?

[27] A. Office assignment.

Q. Let me, let me — I understand your office assign-

ment and salary. What I’m trying to get at: You claim

you were discriminated against on account of race?

A. Race and country of birth, foreign birth, you know,

and being a minority person in the sense that I was not

U.S. born.

Please do not communicate with Mr. Wolf unless you

want to record the conversation.

Q. Dr. Bright, Mr. Wolf is here as my client today,

representing the university. I can communicate with him

on or off the record to my heart’s delight, and I intend

to exercise that privilege, and, again, sir, if you wish to

make a todo out of this, I’m happy to call the magistrate

right now, but I have every nght to communicate with

him in any way I so desire and I will continue to do that.

A. Well, may I request that you record all communica-

tion, in full, with the court reporter, please.

Q. You can request that, sir. I’m telling you right

now, I may or may not honor your request.

A. I would request that you do so, please.

Q. I understand your request. What was — [28]

strike that. Do you know whether the EEOC conducted

85a

an investigation of your charges against Alabama State

University?

A. I don’t know.

Q. Were you ever advised of the disposition by the

EEOC of —

A. Let me change the tape here one moment.

Could you please repeat the question, sir?

Q. Sure. Well, I don’t recall exactly what the question

is, I think, but I’ll ask you this one: Do you — are you

aware of whether or not there was a disposition by the

EEOC of your charges against the Alabama State Univers-

ity?

A. Yeah. That was the question you just asked

before, —

Q. Okay.

A. — you see. I wasn’t sure, but, thinking back, a few

days ago I was thinking about this matter, and it seems

to me that about a year, about a year after I left Mont-

gomery, or perhaps even after that, I received disposition

that the, the EEOC had found for the university.

Q. Did you ever receive a copy of a written decision

or any other notification from the EEOC to that effect?

[29] A. Yes, I — it was — I just — it just came to me a

few days ago, thinking about this matter, that it did.

Q. When you say it came to you, you don’t mean the

writing came to you —

A. No, no.

Q. You recalled it?

A. That’s mght. I remembered a few days ago that,

yes, I did receive a notification.

Q. And that notification would have come sometime

through 1976 you think?

A. In the latter part of ’76, as I recall it.

x* * *

86a

{33] Q. How long were you unemployed in the states

before you obtained employment in India?

A. I would say about a year and a half, that’s my

guess, maybe two years.

* * *

[35] Q. Approximately how many private corpora-

tions did you apply to in India?

A. Let me think. As I recall, only one, because I

didn’t know of — I have — I had no idea where to apply.

The reason I applied to this company,-it’s called Swad-

eshi, S-W-A-D-E-S-H-I, Cotton, C-O-T-T-O-N, Textiles

Mills, M-I-L-L-S, is that I knew the owners and the man-

agers of this very large corporation.

Q. Where in India were they located?

A. They are located in a city called Kanpur, K-A-N-

P-U-R.

Q. Apart from applying to all of the universities and

to Swadeshi Cotton —

A. Textiles Mills.

Q. — Texttiles Mills, did you apply for any other

employment in India at this time?

A. Not as I recall.

Q. When did you receive a job offer from Swadeshi?

A. I don’t recall, sir. Sometime in 1976 would be a

fair guess.

* * *

[42] Q. Do you know what month you left employ-

ment with Swadeshi?

A. I would think sometime in ’77. I don’t recall the

month.

—

;

87a

[43] Q. When you left Swadeshi in 1977 —

A. As I recall it.

Q. — what did you do then?

A. Well, I returned to the United States and went to

California and obtained a part-time teaching position

with the California State University at Los Angeles. It’s

called California State University at Los Angeles. This

job I obtained as a result of floating my resume for

full-time jobs all over that region, the west.

* * *

[48] Q. Did you leave there for some full-time em-

ployment?

A. No.

Q. You left there to be unemployed again?

A. Well, my wife and children were in India, still, —

O. I see.

A. — and upon their insistance, I returned to India.

[49] Q. And when was that?

A. I think in the latter part of ’77 or early ’88 — ’78,

i mean, early ’78.

* * *

[59] Q. Okay. Then you went back to India for a few

months and then you came back to the United States?

A. Yeah. We went to Boston.

Q. Okay. Why did you pick Boston?

A. Well, because we thought — I thought that Senator

Ted Kennedy would be a man who would be fair enough

to correct the injustices to which I was being subjected.

Q. Had you ever communicated with Senator Kennedy

before you moved to Boston?

A. I may have. I may have written to him.

[60] Q. Did you speak to anybody on his staff?

A. Yes, I did.

Q. Who did you speak to?

88a

A. Well, this was the reason we went to Boston. I went

to his office in Boston and spoke to, I don’t recall the

name, but I gave him, through that person, a petition

regarding this matter. And that I told Senator Kennedy

that it must be Columbus College who had maligned me

sufficiently to the U.S. government so that I was unable

to find employment anywhere. I think he did write back

that he will do what he can.

Q. Did you hear anything further from Senator ken-

nedy or anyone on his staff regarding the matter?

A. No, never did.

* * *

[61] Q. Did you apply for employment at that time?

A. Oh, yes.

Q. Okay. With whom did you apply to for employ-

ment?

A. All the colleges and universities in that area.

Q. By “that area”, could you be more specific?

A. Well, the Massachusetts and vicinity area.

Q. Would it be fair to say New England, generally? -

A. Generally, yes, sir.

Q. Okay. About how many places did you seek em-

ployment?

A. I sent out I think about two hundred, three hun-

dred resumes.

Q. Were these all to colleges and universities?

A. Yes, they were. Yeah, including — I also sent out

resumes to economic research operations.

x ok OK

[71] Q. What position did they offer you?

A. An associate professor of management.

Q. And what was your salary?

A. I recall it was — let me think now. I think it was

16, 16 thousand for nine months.

* * *

89a

[73] Q. Okay. And how long were you associated with

American International College?

A. Two years.

*x* *

[78] Q. You began teaching there I think you said in

the fall of ’78; correct?

A. Right.

Q. All mght. And you said you were there for two

[79] years?

A. Oh, wait a minute. I’m sorry.

Q. So you would have left —

A. It would be, it would be August of 1980, 1980.

I stand corrected. 1980.

Q. That’s what I thought and that’s why I pursued

that.

A. Yeah, 1980 is correct, yes.

Q. Okay. Was your contract not renewed?

A. That is true.

* * *

[80] Q. And you said you started applying for posi-

tions again in approximately the spring of 1980?

A. Yeah.

Q. Where did you apply?

A. I applied, I think, you know, in the vicinity of

Massachusetts.

Q. Same general area you had two years before?

A. Well, yeah, northeast I would say, generally.

Q. Okay. And did you also apply to private industry

at that point as well?

A. Oh, no, no. My first love is academia, you see.

Q. I understand. So you simply applied again to

colleges and universities?

A. That’s right.

Q. Okay. And did you receive any positive [81] res-

ponses from those applications?

90a

A. Yes, I got a call from a university in Erie, Penn-

sylvania. That’s E-R-I-E.

Q. What university was that?

A. It’s called Gannon, G-A-N-N-O-N, Gannon Uni-

versity.

Q. You received a telephone call from them?

A. Yeah, I got a call from the dean.

Q. When did you get a call from the dean?

A. I imagine for sometime in June, was it, or May

or June of 1980.

Q. Did that telephone call result in an interview?

A. Yes, it did. )

Q. And you traveled to Erie, Pennsylvania, for this

interview?

- A. Um-hun, yes.

Q. When did you go to Erie for this purpose?

A. Probably in June or July.

Q. Of 1980?

A. Yes.

Q. Were you teaching during the summer of 1980?

A. I don’t recall, but probably not.

Q. When you went out to Gannon for an interview,

whom did you meet with?

A. I met with the dean of the college of business.

[82] Q. What was his name?

A. Under objection, I can divulge names.

Q. Note your objection. What’s his name?

A. Dr. Volpe. V-O-L-P-E.

Q. To your knowledge, is Dr. Volpe still associated

with Gannon University?

A. I don’t know any different.

Q. Did you meet with anybody else at Gannon Uni-

versity at that time?

A. Yes, the whole faculty of business.

Q. How many people was that?

A. At that time I think — I should say, oh, about 12

ar hE LF .

9la

people. They all interviewed me. You know, they actu-

ally used a fairly large conference room and we all talked

and they had me teach a lecture in statistics. They told

me to assume they were students, which I did.

Q. Okay. Did your — strike that. Did your interview

at Gannon University then last an entire day?

A. Oh, yes. Well, two days, as a matter of fact.

Q. Two days. That was going to be my next ques-

tion. The interview which was a process took two

days?

A. Two.

[83] Q. You have to keep your responses audible,

Dr. Bnght, —

A. Two, two days.

Q. — so the court reporter —

And after the two days of interviews, did they

offer you a position?

A. Yes, they did.

Q. Did they do that at the end of the second day?

A. No, no. Well, verbally, yes.

Q. What do you mean when you say verbally?

A. Yeah, the dean told me that I would be hired as

an associate professor.

Q. At what salary?

A. He said the salary he will decide and let me know.

Q. And how did you leave it with him that day?

A. Well, I told him what I was making at American

International College and I told him it would have to

be more, and he said it would be, it would be more.

Q. At that point, how much were you making at

American International?

A. I should think in the neighborhood of 17 thousand.

Q. 17?

A. Yeah.

[84] Q. Okay. And did he then — “the” being, I guess

this was Dean Volpe?

92a

A. Yeah.

Q. He got back in touch with you at some point?

A. Yeah. He called me.

Q. How much later?

A. I think it was two days later.

Q. And what did he tell you?

A. He told me that he had taken care of all the formal-

ities and that the only question was of salary and what

was the least that I would take.

Q. And what did you tell him?

A. I told him that I would take the most that he

could give me.

Q. And —

A. And he said that he could offer no more than

19 thousand, well, for academic year, and I said, well,

okay, I'll take it.

Q. And then you were to begin teaching at Gannon

in the fall?

A. Fall of 1980, that’s right.

* * *

[92] Q. Did you seek a promotion from Gannon

University?

A. Well, you see, Dr. Volpe, himself, told me that

they will make me a professor, full professor and chair-

man of the department.

Q. And chairman of the department?

A. Yes. -

* * *

[93] Q. And you apparently did not receive the

rank of full professor or an appointment as chairman

of the department.

A. No, I did not.

93a

Q. Okay. Did Dr. Volpe tell you why that didn’t

happen?

A. Yes, he did.

Q. What did he tell you?

A. About three months after that, sometime, you

know, around November, I suppose, of ’81, he told me

that a former employee, a lady, had just finished her

Ph.D. and wanted to come back, and that if she came

back, I would, I would have to be relieved.

[94] Q. By “relieved”, he meant what?

A. My contract would not be renewed.

Q. What was that professor’s name?

A. I don’t know, but it was a young lady who was a

Gannon graduate and who had finished her Ph.D. and

wanted to come back — wanted to, rather, join Gannon

faculty. She used to be a student, I think.

* * *

[99] A. I floated a resume all over the country this

time.

Q. When you say all over the country, that would be

to approximately five hundred or so colleges and uni-

versities?

A. I would say at least three or four hundred, [100]

yes.

* * *

[110] Q. Did you ultimately — were you ultimately

hired at Saurashtra University?

A. Yes.

Q. What position were you hired in?

A. I was hired as a full professor of economics and

director of the postgraduate program in business man-

agement.

94a

[113] Q. *** again, how long a period of time were

you employed at Saurashtra University?

A. One year.

Q. From what month of what year to what month

of what year?

A. April of 1983 to Apmil of 1984.

[125] Q. When did you arrive in the Philadelphia

area?

A. May of 1984.

Q. Did you contact Dr. Weissenberg at that time?

A. Yes, I did.

Q. Did you telephone him?

A. I may — I’m sure I did —

Q. Okay.

A. — because he’s just across the river.

Q. Did you write to him as well or did you try to

renew the contact or —

A. No, I called him up and I said that, Dr. Weissen-

berg, I am here and I’m looking for a position, [126]

and he called back and said that I should come by for

a check.

Q. And did you do that?

A. Yes.

Q. When did you do that?

A. I think that would be — I’m trying to narrow down

the time period now. That would have to be sometime

in the latter part of May, I think. |

Q. Late May of 1984?

A. Yeah.

Q. Okay. You met with Dr. Weissenberg. Was anyone

else with you when you met with him?

A. Oh, yes, Milton Leontiades. The second name is

L-E-O-N-T-I-A-D-E-S. That’s one word, Leontiades, and

Professor Kenis, K-E-N-I-S, and a lady by the name of

i ciaeiaaeeneansiataaanaeeiaeaanmeaaniamaiilil

j

x

95a

Miss Fisher, and who else was there? I’m trying to

think now.

* * *

[128] Q. Did you discuss salary with him at that

point?

A. Yes, we discussed salary and I said, Peter, what

do you think is reasonable, and he said he could offer

me 30. I said, Peter, you offered me 32 back in ’81

and after that I was a full professor, I was a director.

Now you are saying 30. He said take it or leave it. And

I said the going rate is in the upper 40s and he said, Jay,

take it or leave it. He — in all fairness to me, and al-

though I like Peter, I think Peter and Milton Leon-

tiades — Milton Leontiades is a full professor of man-

agement, although like me he’s an economics Ph.D.,

and like me, he has been teaching management — they

both had entered into a conspiracy. *

[129] Q. What do you base that accusation on?

A. I’m coming to that, Mr. Alterman. I'll tell you

more about it. The plot was that I would be hired —

Peter had told me a few things. I’ll tell you in a min-

ute. I would be hired and I would be let go and I would

then be a colored face or a minority for three or four

years. In the meantime, they would probably catch

another minority man as a window dressing. This is the

sort of a plot that I think he and Milton Leontiades

were hatching.

Q. What do you base that belief on?

A. Okay. I base that belief on this: I told Peter, on

the way when he took me back, that, Peter, I should like

to buy a house, and what area would he recommend.

Now, I didn’t know anything about the geography of

New Jersey, nor Philadelphia, really, and he said that

there was no need for me to buy a house, nor for me to

96a

call my family, you know. He said that there was no

big rush, and he was dissuading me from settling down,

which confirmed my belief. I knew that he was offering

me a salary which was ten, maybe $15 thousand below

any person coming from a full professor’s position

would expect.

* * *

[132] Q. Have you — did you at the time form a

belief as to why he couldn’t offer you more than $30

thousand per year?

A. My, my impression was that as Weissenberg saw

it, I was going to be in the revolving door, so to speak,

window dressing for two or three years, you know.

[133] Q. Did you form this belief at the time?

A. Yes, I did.

* * *

[145] A. You see, I was in a position where I had

no job before I took the Rutgers’ job. The hiring season

was way behind me. There was no cash flow. I was sur-

viving on my savings, and, knowing Peter, from what

little I knew of him at that time; number one, he was a

likable man; number two, he was being blatantly dis-

criminatory; number three, hoping that there would be

wiser men than him, and having an optomistic attitude

toward life, I decided to go with Rutgers.

* * *

97a

APPENDIX P

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

Civil Action Docket # 88 4115 SSB

JAY B. BRIGHT, Ph.D.

plaintiff

RUTGERS, THE STATE UNIVERSITY

OF NEW JERSEY, et al.,

defendants

PLAINTIFF’S AFFIDAVIT SEEKING A RULE 56(f)

CONTINUANCE OF THE UNIVERSITY’S

SUMMARY JUDGMENT MOTION

Plaintiff's affidavit seeking a Rule 56(f) continuance

of the University’s summary judgment motion

TABLE OF CONTENTS

Rule 56(f) invoked, para 1

Motions to compel discovery still pending, para 2

The court also needs all the facts, para 3

Discovery relating to the two years immediately preced-

ing the Complaint also pending, _ para 4

To meaningfully controvert the brief and the affidavits

accompanying said motion, plaintiff must first have

full, good-faith and per-rules discovery, para 5

98a

Discovery pursuant to Rule 45(b) is also crucial to plalin-

tiff’s meaningfully opposing said motion; that too is

pending, para6

Lindsey v. Board of Education and/or this court’s interest

in justice require that full, good-faith and per-rules dis-

covery precede the court’s deliberation on said mo-

tion, para 7

1.0 Rule 56(f) Invoked: The plaintiff prays that con-

tinuance on the University’ said motion be granted pend-

ing reasonable, per-rules, and good-faith discovery pursu-

ant to plaintiff’s pending motions to compel discovery.

SEE HERE DSI #s 169, 167, 159, 156, 141, and 102 for

an outline of the problem. The plaintiff cannot, pending

his motions to compel discovery, present ‘‘facts essential

to justify ... opposition” to the University’s said motion;

and prays that the court “refuse the application for judg-

ment or... order a continuance to permit . . . discovery

to be had” — SEE F.R.Civ.P., Rule 56(f).

2.0 Plaintiff’s motions to compel discovery are still

pending see here Docket Sheet Item nos. (DSI #s) 169,

167, 159, 156, 141, and 102, et al.

3.0 The court’s need as well for all the facts to mean-

ingfully decide any motion for summary judgment ts

crucial. The University has resorted to deceit and fraud in

making any facts available to the court as well. SEE

HERE among others, DSI #s 169, 167, 159, 156, 148,

120, 117, and 107.

4.0 Events during two years immediately preceding

the Complaint are equally cructal, should this court hold

valid the Cito v. Bridgewater decision although the plain-

tiff contends that the Cito decision is irrelevant, imma-

terial, and imcompetent. HERE,

59a

(i) (a) Complaint Exhibits 16a through 24b, and (b)

Complaint paras 8, 9, and 10 are equally crucial to claims

under 42 USC 1981, 1983, 1985 and 1986, among other;

and

(ii) Good-faith, per-rules and per case-law answers

by the University to plaintiff’s interrogatories are absent,

denying the plaintiff crucial facts, and preventing the

plaintiff from preparing a meaningful opposition to said

motion. SEE HERE DSI #s 169, 167, 159, 156, 148,

141, 120, 117, 107, 102, and 98.

5.0 To meaningfully controvert the brief and the afft-

davits accompanying said motion, plaintiff must first

have good-faith, per-rules and full discovery from all

listed defendants, and plaintiff’s motions to compel dis-

covery from (i) the University, (ii) the Union, and (iii)

United States and New Jersey are still pending before

this court. SEE HERE DSI #s 169, 167, 159, 156, 141,

140, 120, 117, 107, 102, and 98. IN T? & COMPLAINT,

paragraphs 8, 9, and 10 among others refer to events in-

volving, among others, (a) the University, (b) the Union,

and (c) United States and New Jersey. THE EXECU-

TIONS OF THE AFFIDAVITS OF THE TWO UNI-

VERSITY OFFICIALS are objected to. SEE Exhibits

1 and 2, attached. Exhibit 1 has neither a signatuare

nor a date nor any notarization; Exhibit 2 is not exe-

cuted before a notary public (but before an attorney

who does not disclose when and if he was admitted to

what bar.) The plaintiff objects to any execution not

before a notary public.

6.0 To meaningfully provide rebuttals to the Unt-

versity’s said motion, the plaintiff will also, and equally

importantly, require access to documentation on plaintiff

with the listed defendants F.B.I., IL.N.S. and the New

Jersey Division of State Police. SE HERE DSI #s 169,

100a

167, 141, 102, and 98, among others. And this discovery

is also incomplete and pending.

7.0 Lindsey v. Board of Education and/or this court’s

interest in justice require the court to put the horse be-

fore the cart: and order full, good-faith and per-rules dis-

covery per DSI #s 169, 167, 159, 156, 141 and 102,

among others. A succinct write-up on said case law is in

Exhibit 3, attached. With or without the invokation of

said case law, this court’s interest in justice requires that

full discovery precede any meaningful opposition to said

motion by the plaintiff and any deliberation by the court

on any motion for a summary judgment which is by defi-

nition an extremely abrupt motion.

ATTACHMENTS: Exhibits 1, 2, and 3.

NO SEPARATE BRIEF SUBMITTED as none deemed

necessary.

CERTIFICATE OF SERVICE: I have mailed today

copies of this document to all counsel by first class mail

postage prepaid,

March 2, 1990 /s/ Jay B. Bright, Ph.D.

plaintiff — Pro se

SWORN TO AND SUBSCRIBED BEFORE ME

THIS 2nd DAY OF Mar. 1990

/s/ Nancie S. Schaefer

NANCIE S. SCHAEFER

NOTARY PUBLIC OF NEW JERSEY

My Commission Expires March 2, 1994

10la

APPENDIX Q

NOT FOR PUBLICATION

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

CIVIL ACTION NO. 88-4115 (SSB)

JAY B. BRIGHT,

Plaintiff,

RUTGERS, THE STATE UNIVERSITY

OF NEW JERSEY, et al.,

Defendants.

OPINION

APPEARANCES:

JAY B. BRIGHT

212-B Hillcrest Avenue

Collingswood, New Jersey 08108

Plaintiff pro se

MARC E, ALTERMAN, Esquire

Vogel, Chait, Schwartz & Collins

Maple Avenue at Miller Road

Morristown, New Jersey 07960

Attorney for Rutgers,

The State University

DENISE REINHARDT, Esquire

Reinhardt & Schachter

102a

744 Broad Street

Newark, New Jersey 07102

Attorney for Rutgers Council

of AAUP Chapters

BROTMAN, District Judge,

Presently before the court are the motions for sum-

mary judgment by defendants, Rutgers, The State Univer-

sity, and Rutgers Council of AAUP Chapters. Plaintiff’s

complaint alleges discrimination and violations of his civil

rights while employed as an Assistant Professor of Fi-

nance at Rutgers University. Plaintiff seeks monetary

damages, as well as reinstatement by Rutgers as a full

professor and as director of the Graduate Business Pro-

gram. For the reasons stated below, the court hereby

grants the motions for summary judgment of defendants

Rutgers, The State University and Rutgers Council of

AAUP Chapters.

I. FACTS AND PROCEDURE

On September 21, 1988, plaintiff filed a complaint

naming as defendants, Rutgers, The State University

(‘Rutgers’); Rutgers Council of AAUP Chapters, the

faculty union at Rutgers (“AAUP”); the Federal Bureau

of Investigation; the New Jersey Division of State Police

and the Immigration and Naturalization Service. Al-

though not entirely clear on its face, the complaint ap-

pears to allege violations of plaintiff’s civil nights under

42 U.S.C. §1981 (equal mghts under the law); § 1983

(civil action for deprivation of nghts); § 1985(2) (con-

spiracy to interfere with civil rights); § 1986 (action for

neglect to prevent violation of civil rights); § 2000e-2(a)

(unlawful employment practices) and § 2000e-3(a) (other

unlawful employment practices).

103a

Jay Bnght is a naturalized citizen of the United States

and of Indian origin. After earning his Ph.D. degree from

the University of Houston in Texas in 1969, he spent

several years working as a professor, in both the United

States and India.

The specific allegations set forth by Bright concern the

period from July 1, 1984 to June 30, 1988, during which

plaintiff was employed by Rutgers as an Assistant Pro-

fessor of Finance at the Camden Campus. In the com-

plaint, it is not clear what type of discrimination plaintiff

alleges. Plaintiff’s discrimination claim is based on his

view that at his time of hire in 1984, (1) his academic

rank of Assistant Professor was an inappropriate “entry

level” position; (2) his starting salary of $30,140 per year

was $8,000-$10,000 below any others in his department

and (3) his office assignment was on a separate floor from

the offices of all the Ph.D.’s in his department. Plaintiff

further alleges that the University administration sub-

jected him to a “systematic conspiracy and campaign to

malign, defame and discredit him” and a conspiracy to

abridge his civil rights.

Plaintiff also alleges that the AAUP knowingly pre-

sented his discrimination claims to the administration

late, resulting in the claims being rejected as untimely

filed. He also claims that the matter was put betore an

unqualified arbitrator, the New Jersey Board of Media-

tion, as it allegedly hears complaints against “private”

employers and therefore should not have heard a com-

plaint against Rutgers, a state institution. Moreover,

plaintiff claims that Rutgers colluded with the AAUP,

the Federal Bureau of Investigation (“FBI”), the Immi-

gration and Naturalization Service (“INS”), the U.S.

Department of Education, other state and federal agen-

cies and community organizations, to interfere with his

civil rights.

104a

As a result of these alleged activities, Bright claims

his career and community standing have suffered irrepa-

rable harm; that he has been defamed, maligned, ostra-

cized and humiliated, and that he has been blocked from

suitable employment. He also claims pain and suffering.

As relief, plaintiff seeks to be reinstated by Rutgers

University as a full professor and as director of the Grad-

uate Business Program, as well as compensation for dam-

ages.

On March 22, 1989, an order was filed dismissing

plaintiff’s complaint against the New Jersey Division of

State Police. On April 5, 1989, the complaint against the

FBI and the INS were dismissed for lack of subject mat-

ter jurisdiction, Thereafter, plaintiff filed various mo-

tions with the court seeking additional discovery, which

were temporarily stayed in an order dated December 13,

1989.

The AAUP and Rutgers have both filed separate mo-

tions for summary judgment. Plaintiff responded in oppo-

sition to the AAUP’s motion for summary judgment by

arguing that it was untimely filed.’ He has also requested

lin opposition to the AAUP motion, plaintiff refers to an

order dated October 20, 1989 which set the deadline for defend-

ant to file summary judgment, ‘‘fourteen (14) days after the date

on which plaintiff’s deposition transcripts are either corrected and

certified by plaintiff or deemed final by operation of the rules of

procedure and orders of this court.”

Plaintiff then notes that an order dated September 21, 1989

instructed plaintiff to review, sign or make any desired changes

in the deposition transcripts within a certain period of days, other-

wise they would be deemed usable as though fully signed. Plain-

tiff petitioned and was granted a stay of this order pending appeal

on October 13, 1989. This order stated that if affirmed on appeal,

plaintiff would have ten (10) days from the date of affirmance in

which to review the transcripts. In an order filed October 30,

1989, the order was affirmed.

[ footnote continued]

105a

a continuance pursuant to Fed.R.Civ.P 56(f), to obtain

further discovery.» However, based on the facts pre-

sented in this case, the court finds plaintiff’s position to

be without merit.

Il. DISCUSSION

The standard for granting summary judgment is a

stringent one. Fed.R.Civ.P. 56(c) provides that summary

judgment may be granted only when the materials of

record ‘“‘show that there is no genuine issue as to any

material fact and that the moving party is entitled to

judgment as a matter of law.” Hersh v. Allen Products

Co., Inc., 789 F.2d 230, 232 (3d Cir 1986); Lang v. New

York Life insurance Co., 721 F.2d 118 (3d Cir. 1983),

The threshold inquiry is whether there are “any genuine

factual issues that properly can be resolved only by a

finder of fact because they may reasonably be resolved

in favor of either party.” Anderson uv, Liberty Lobby,

Inc., 477 U.S. 242, 250 (1986).

On December 1, 1989, the defendant filed its motion for

summary judgment, which according to plaintiff’s timetable,

should have been filed by November 23, 1989. Plaintiff however,

has failed to show any prejudice due to this short delay, and in

light of the fact that plaintiff caused the delay by his own per-

sistent refusal to review the transcripts, this court hereby grants

the defendant, AAUP, leave to file its summary judgment motion

late.

* Plaintiff relies on vague assertions regarding the nature of

the facts to be discovered in his requests. Defendants have already

responded to and substantially complied with, plaintiff's request

for answers to interrogatories and production of documents.

Despite all of the information with which he has been presented,

plaintiff fails to state what any further discovery might disclose,

or what facts he is seeking, or how they would overcome defend-

ants motions for summary judgment. Plaintiff relies only on broad

conclusory allegations, and for this reason, the court must deny

plaintiff's outstanding discovery motions and application for

continuance.

106a

Once the moving party has carried its burden of estab-

lishing the absence of a genuine issue of material fact,

‘its opponent must do more than simply show that there

is some metaphysical doubt as to the material facts.”

Matsushita Elec. Indus. Co, v. Zenith Radto Corp., 475

U.S. 574, 586 (1986). Thus, if the movant’s evidence is

merely ‘“‘colorable” or is ‘‘not significantly probative,”

the court may grant summary judgment. Anderson, 477

U.S. at 249-50. Moreover, the Supreme Court has held

that:

[T]he plain language of Rule 56(c) mandates the

entry of summary judgment, after adequate time for

discovery and upon motion, against a party who

fails to make a showing sufficient to establish the

existence of an element essential to that party’s

case, and on which that party will bear the burden

of proof at trial. In such a situation, there can be

“no genuine issue as to any material fact,” since

a complete failure of proof concerning an essential

element of the nonmoving party’s case necessarily

renders all other facts immaterial.

Celotex Corp. v. Catrett, 477 U.S. 317, 322-323 (1986).

A. Statute of Limitations

Based on the facts presented in this case, both Rutgers

and the AAUP argue that summary judgment must be

granted due to the expiration of the applicable statute

of limitations under the § § 1981, 1983, 1985, 1986,

1988 and Title VII claims.

For claims brought pursuant to 42 U.S.C. § 1988, the

federal courts must refer to state statutes of limitations

when federal law provides no rule of decision in cases

under §§ 1981, 1985 and 1986. Board of Regents v.

107a

Tomaino, 446 U.S. 478, 484 (1980); Robertson v. Weg-

mann, 436 U.S. 584, 590 (1978). In § 1983 actions, the

Supreme Court has held that the applicable limitations

period is the same as the limitations period for a personal

injury claim in the state where the alleged wrong oc-

curred. Owens v. Okure, 488 U.S. 235 (1989); Goodman

v. Lukens Steel, 482 U.S. 656 (1987); Wilson v. Garcia,

471 U.S. 261 (1985). In New Jersey, the two year per-

sonal injury statute of limitations provided in N.J.S.A.

2A:14-2 has been held applicable to § § 1981, 1983 and

1985 actions. Cito v. Bridgewater Township Police De-

partment, 892 F.2d 23 (3d Cir. 1989). With respect to

claims under § 1986, the statute itself provides that ‘‘no

action under provision of this section shall be sustained

which is not commenced within one year after the cause

of action has accrued,”

1. Claims Against Rutgers, The State University

In assessing the timeliness of plaintiff’s claims, it is

important to determine when the limitations period

began to run. The basis of plaintiff’s complaint against

Rutgers involving his assigned rank, salary and office

assignment occurred in July, 1984 when Bright was hired.

Moreover, at his deposition, plaintiff expressly stated that

he believed, even at the time he was hired that Rutgers

was discriminating against him. Bright testified that he

accepted the position believing that he could convince

others at the University to remedy the discrimination.

Based on plaintiff’s own admissions, this court finds that

the cause of action accrued, and the limitations period

began to run in July, 1984 when he was assigned his

position, rank, salary and had received his office assign-

ment. More importantly, by July, 1984, plaintiff had

formed the belief in his own mind that he was being dis-

criminated against. As the statute of limitations for

108a

actions brought pursuant to § § 1981, 1983 and 1985 is

two years, and the statute of limitations for actions under

§ 1986 is one year, and this action was not initiated until

September, 1988, plaintiff’s claims under these statutes

are barred by the applicable statute of limitations.

Plaintiff also alleges violations of Title VII in his com-

plaint. Specifically, he refers to 42 U.S.C. § § 2000e-2(a)

and 2000e-3(a). Under these section, the filing of a timely

charge of discrimination with the Equal Employment

Opportunity Commission (‘“‘EEOC’’) is required before

an action may be maintained. Alexander v. Gardner-

Denver Co., 415 U.S. 36, 47 (1974); McDonnell Douglas

v. Green, 411 U.S. 792, 798 (1973).

The time in which a party must file a charge of dis-

crimination with the EEOC is set forth in § 2000e-5(e),

which states that ‘“[a] charge under this section shall be

filed within one hundred eighty days after the alleged

unlawful employment practice occurred. . .” With respect

to plaintiff’s claims based on his academic rank, salary

and office assignment, plaintiff has failed to meet this

requirement. Plaintiff’s first charge of discrimination was

filed with the EEOC on November 17, 1985. As discussed

above, Bright’s own deposition testimony establishes that

he believed he was being discriminated against by the

University when he was hired in July, 1984, and all of the

alleged discriminatory conduct was complete at the time

he received has assigned rank, salary and office assign-

ment. Therefore, the actions complained of occurred well

before the 180-days preceding the filing of discrimination

on November 17, 1985. This court finds that plaintiff’s

claims based on Title VII are also time barred.

109a

2. Claims Against Rutgers Council of AAUP Chapters

As examined, the applicable statute of limitations is

two years for plaintiff’s claims based on § § 1981, 1983

and 1985 and one year for his § 1986 claims. In his com-

plaint, Bright alleges that the AAUP was negligent in pre-

senting his employment grievances in an untimely manner

to the administration.

Plaintiff initially contacted the AAUP with his prob-

lems early in 1985, although he never characterized them

as “discrimination” until October, 1985. In May and

June of 1986, plaintiff advised the AAUP that its actions

in failing to represent him with respect to his salary and

rank claims had harmed him. In June, 1986, after his

grievance had been deemed untimely by the University,

he threatened to sue the AAUP for its actions and de-

manded damages. The Complaint in this action was not

filed until September 21, 1988, more than two years

after plaintiff had explicitly accused the AAUP of the

very misconduct charged in the Complaint.

Under Title VII, plaintiff is required to file a charge

with the EEOC before proceeding with an action. In this

case, Bright never filed an EEOC charge against the

AAUP. Normally, the failure to file and EEOC claim

against a party would bar plaintiff’s claim, however, in his

deposition, plaintiff stated that he did not file a charge

against the AAUP because he believed that the University

administration and the union worked “in tandem” and

the union had no separate existence without the Univer-

sity. Even assuming that the University and the AAUP

did work in tandem, and that the court could treat plain-

tiff’s claim against Rutgers as a claim against the AAUP,

as discussed above, plaintiff filed his EEOC charges

against Rutgers after the statute of limitations expired.

Hence, plaintiff’s Title VII claims against the AAUP are

time barred.

110a

As all of plaintiff’s claims are time barred, the court

does not need to address defendant’s other arguments

for summary judgment.

Ill. CONCLUSION

For the above stated reasons, the court hereby grants

the motions for summary Judgment in favor of defend-

ants, Rutgers, The State University and Rutgers Council

of AAUP Chapters.

An appropriate order will be entered.

/s/ Stanley S. Brotman

STANLEY S. BROTMAN

UNITED STATES DISTRICT JUDGE

DATED: February 15, 1991

llla

APPENDIX R

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

CIVIL ACTION NO. 88-4115 (SSB)

JAY B. BRIGHT,

Plaintiff,

RUTGERS, THE STATE UNIVERSITY

OF NEW JERSEY et al.,

Defendants.

ORDER

This matter having come before the court on motion

of defendants, Rutgers, The Sxate University and Rutgers

Council of AAUP Chapters;

The Court having considered the submissions of the

parties, and;

For the reasons stated in the Court’s opinion filed this

date;

IT IS on this Ist day of February 1991, hereby

ORDERED that defendants’ motions for summary

judgment are GRANTED and all claims against defen-

dants are DISMISSED WITH PREJUDICE.

No Costs.

/s/ Stanley S. Brotman

STANLEY S. BROTMAN

UNITED STATES DISTRICT JUDGE

112a

APPENDIX S

NOT FOR PUBLICATION

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

CIVIL ACTION NO. 88-4115 (SSB)

JAY B. BRIGHT,

Plaintiff,

Vv.

RUTGERS, THE STATE UNIVERSITY

OF NEW JERSEY, et al.,

Defendants.

OPINION

APPEARANCES:

JAY B. BRIGHT

212-B Hillcrest Avenue

Collingswood, New Jersey 08108

Plaintiff pro se

MARC E. ALTERMAN, Esquire

Vogel, Chait, Schwartz & Collins

Maple Avenue at Miller Road

Morristown, New Jersey 07960

Attorney for Rutgers,

The State University

DENISE REINHARDT, Esquire

Reinhardt & Schachter

|

ll3a

744 Broad Street

Newark, New Jersey 07102

Attorney for Rutgers Council

of AAUP Chapters

BROTMAN, District Judge.

Plaintiff moves for reconsideration of the February 15,

1991 order granting summary judgment in favor of de-

fendants, Rutgers, The State University and Rutgers

Council of AAUP Chapters. Plaintiff urges the court to

vacate that order. Plaintiff also moves for the court to

waive the costs of transcription of the February 16,

1990 hearing on the summary judgment motions. For the

reasons stated below, plaintiff’s motions are denied.

I. FACTS AND PROCEDURE

Plaintiff initially brought his claim against defendants,

Rutgers, The State University and Rutgers Council of

AAUP Chapters pursuant to 42 U.S.C. § 1988, alleging

discrimination and violations of his civil rights while

employed as an Assistant Professor of Finance at Rut-

gers University. Due to the expiration of the applicable

statutes of limitations on plaintiff’s claims, the court

granted summary judgment in favor of defendants in an

order and opinion dated February 15, 1991. Plaintiff

now seeks vacatur of this decision based on a claim of

judicial misconduct. His claim seems to be that the court

entered summary judgment in favor of defendants when

it learned of his complaint to the Third Circuit Judicial

Council against the court. Plaintiff has also requested

that the court waive all fees and provide him with a tran-

script of his February 16, 1990 hearing.

lida

II. DISCUSSION

As a preliminary matter, the court must determine

whether it should grant plaintiff’s application to waive

the cost of transcription of the February 16, 1990 hear-

ing. There is no general entitlement to free transcripts in

civil cases and a decision to authorize a litigant to obtain

a transcript a public expense rests within the sound dis-

cretion of the court. A. Lite, New Jersey Federal Practice

Rules (1991 ed). at 180 (Comment 2 to General Rule

41). At this juncture, the court finds neither a factual

nor legal basis for granting plaintiff’s request and there-

fore the court must deny plaintiff’s application.

The court now must tum to plaintiff’s motion for

reconsideration, General Rule 12I provides that a motion

for reconsideration shall be served with a “memorandum

setting forth concisely the matters or controlling deci-

sions which counsel believes the Court has overlooked.”

The only proper ground for granting a motion for recon-

sideration, therefore, is that the matters or decisions

overlooked, if considered by the court, “might reason-

ably have altered the result reached. . . .” New York

Guardian Mortgage Corp. v. Cleland, 473 F.Supp. 409,

420 (S.D.N.Y. 1979); U.S. v. International Business

Machines Corp., 79 F.R.D. 412, 414 (S.D.N.Y. 1978).

Plaintiff seems to contend that the court granted sum-

mary judgment to defendants as plaintiff filed a com-

plaint of judicial misconduct against this court. While

the court was not aware of plaintiff’s claim of judicial

misconduct at the time the order granting summary Judg-

ment was issued, the court’s decision was based on the

finding that plaintiff failed to file his claims in a timely

manner pursuant to statutory requirements. Plaintiff’s

claims were, therefore, time barred. Plaintiff’s motion

l15a

fails to set forth matters which would have altered the

result reached as his complaint of judicial misconduct

had no affect on that decision. Asa result, the court will

not vacate its earlier decision.

Ill. CONCLUSION

For the above stated reasons, the court hereby denies

plaintiff’s motion for reconsideration and his motion to

waive the transcript costs of his February 16, 1990 hear-

ing.

An appropriate order will be entered.

/s/ Stanley S. Brotman

STANLEY S. BROTMAN

UNITED STATES DISTRICT JUDGE

DATED: April 2, 1991

1l6a

APPENDIX T

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

CIVIL ACTION NO. 88-4115 (SSB)

JAY B. BRIGHT,

Plaintiff,

V.

RUTGERS, THE STATE UNIVERSITY

OF NEW JERSEY et al.,

Defendants.

ORDER

This matter having come before the court on the mo-

tions of plaintiff, Jay B. Bright, to waive the costs of

transcription of the February 16, 1990 hearing and to

reconsider the court’s February 15, 1991 order granting

summary judgment to defendants;

The Court having considered the submissions of the

parties, and;

For the reasons stated in the Court’s opinion filed this

date;

IT IS on this 2nd day of April, 1991, hereby

ORDERED that plaintiff’s motion to waive the cost

of transcription is DENIED; and

FURTHER ORDERED that plaintiff’s motion for

reconsideration is DENIED.

ll7a

No Costs.

/s/ Stanley S. Brotman

STANLEY S. BROTMAN

UNITED STATES DISTRICT JUDGE

118a

APPENDIX U

DSI# 195

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

CIVIL ACTION NO. 88-4115 (SSB)

DR. JAY B. BRIGHT,

Plaintiff,

V.

RUTGERS, THE STATE UNIVERSITY

OF NEW JERSEY et ail.,

Defendants.

ORDER

This matter having come before the court on the mo-

tion of plaintiff, Dr. Jay B. Bright, for the court to recon-

sider its April 2, 1991 opinion and order denying plain-

tiff’s previous motion to reconsider the entry of sum-

mary judgment in favor of defendants, and upon plain-

tiff’s second motion to waive the costs of transcription

of the February 16, 1990 hearing previously denied in

the court’s April 2, 1991 opinion and order;

Having considered the submissions of the plaintiff;

The second motion to reconsider the entry of sum-

mary judgment in favor of defendants being based on

the identical argument as the initial motion, namely

that the court entered summary judgment in favor of the

defendants when it learned of plaintiff’s complaint of

judicial misconduct against it;

119a

The court having already indicated in its April 2, 1991

opinion that summary judgment was granted in favor of

defendants due to the court’s finding that plaintiff’s

claim was untimely, not because of any complaint of

judicial misconduct against it;

No new matters having been raised by plaintiff’s sec-

ond motion to reconsider the entry of summary judg-

ment as required by General Rule 121:

Plaintiff also having brought a second motion to waive

the cost of transcription of the February 16, 1990 hear-

ing before this court;

Plaintiff having contended that the purchase of the

transcript “would be rough on [his] budget” and that he

‘could conceivably purchase the said transcript and [his]

family could do with less of other things; [he has] never

claimed to have reached destitution” (Plaintiff’s Most

Urgent Petition Regarding the Mandatory Transcript Pur-

chase Order... at 1, 2); and

The court finding that such reasons do not constitute

good cause to provide plaintiff with a free transcript at

public expense as plaintiff had not indicated that he can-

not pay for the February 16, 1990 transcript;

IT IS on this 20th day of May, 1991, hereby

ORDERED that plaintiff’s second motion to recon-

sider the entry of summary judgment in favor of defen-

dants is DENIED; and

FURTHER ORDERED that plaintiff’s second motion

to waive the costs of transcription of the February 16,

1990 hearing is DENIED.

No Costs. /s/ Stanley S. Brotman

STANLEY S. BROTMAN

UNITED STATES DISTRICT JUDGE

120a

APPENDIX V

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

No. 91-5353

November 26, 1991

JAY B. BRIGHT, Appellant

v.

RUTGERS, THE STATE UNIVERSITY

OF NEW JERSEY; et al.

(N.J. (Camden) D.C. Civil No. 88-04115)

Present: SLOVITER, Chief Circuit Judge.

1. Motion by Appellant pro se dated November 19, 1991

in which He requests, inter alta:

a) Review of the Clerk’s Orders by a Single Judge

b) Denial of the Filing of Appellees’ Briefs

c) _A Ruling that the Filing of Appellant’s Reply

Briefs is moot

d) That the Clerk’s Willful Distortion of the Matter

before the Court be referred to the Attomey Gen-

eral of the United States and the appropriate

committee of the U.S. Congress for their pursual

[sic]

e) That the Chief Judge appoint a special panel of

Circuit Judges, drawn from a different jurisdic-

tion, to hear the Merits of the appeal

f) That the Court appoint a special Circuit Judge to

oversee the procedures in this case,

l2la

Copy of Clerk’s 11/26/91 order referring Appellant’s

11/19/91 Motion to a single judge as a Motion to Re-

view the Clerk’s 3 orders dated 11/15/91 and for con-

sideration of additional relief requested by Appellant,

Copy of Clerk’s 3 orders dated i1/15/91,

- Motion by Appellees, FBI and INS for permission to

file supplemental appendix

- Motion by Appellant to deny appellee, U.S. filing its

answering brief and answer opposing U.S.’s motion to

file supplemental appendix and Letter-Response by

Appellees FBI and INS to appellant’s motion to deny

filing of appellees’ brief

- Motion by Appellee Rutgers University for permission

to file supplemental appendix and Appellant’s answer

to Appellee Rutgers’ Motion to file supplementary

appendix

. Motion by Appellant to deny appellee, Rutgers filing

its answering brief in violation of Rules

- Motion by Appellee, Rutgers Council for leave to file

overlength brief of 59 pages and to include appendix

- Motion by Appellant to strike brief and supplemental

appendix of Appellee Rutgers

- Motion by Appellant to 1) to deny filing of brief of

appellee New Jersey Div. of State Police, in violation

of the rules, and 2) to extend time to file reply brief

until 14 days after final ruling on appellant’s motions

. Copy of this Court’s Docket Entries

/s/ Rita Golden

Deputy Clerk 597-5019

122a

ORDER

Each of the orders filed by the Clerk on November 15,

1991 in the above matter granting the motions of the

appellees to file supplemental appendices is hereby re-

viewed and affirmed. Similarly, the order of the Clerk

designated Order No. 3 requiring the Rutgers Council of

AAUP Chapters to file and serve a corrected brief within

ten days is reviewed and affirmed.

The orders of the Clerk referring to the merits panel the

issue of the timeliness of the filing of appellees’ briefs

are reviewed and the reference to the merits panel is

hereby reaffirmed. Appellant remains subject to the

Clerk’s order with respect to the time for filing a reply

brief. All of the remaining motions by appellant are

hereby denied.

By the Court,

/s/ Sloviter

Chief Judge

Dated: Dec 05 1991

123a

APPENDIX W

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

No. 91-5353

JAY B. BRIGHT

Appellant

V.

RUTGERS, THE STATE UNIVERSITY

OF NEW JERSEY:

RUTGERS COUNCIL OF AAUP CHAPTERS;

FEDERAL BUREAU OF INVESTIGATION,

U.S. DEPT. OF JUSTICE;

IMMIGRATION AND NATURALIZATION

SERVICE, U.S. DEPT. OF JUSTICE;

NEW JERSEY DIVISION OF STATE POLICE

Appeal from the United States District Court

for the District of New Jersey

(D.C. Civil No. 88-04115)

District Judge: Stanley S. Brotman

Submitted Under Third Circuit Rule 12(6)

March 6, 1992

Before: STAPLETON and MANSMANN,

Circutt judges and POLLAK, District Judge.*

*Honorable Louis H. Pollak of the United States District

Court for the Eastern District of Pennsylvania, sitting by designa-

tion.

124a

JUDGMENT ORDER

After consideration of all contentions raised by the

appellant, it is

ADJUDGED AND ORDERED that the judgment of

the district court be and is hereby affirmed.

Costs taxed against the appellant.

BY THE COURT,

/s/ Carol Los Mansmann

Circuit Judge

Attest:

/s/ Sally Mrvos, Clerk

Sally Mrvos, Clerk

MAR 16 1992

125a

APPENDIX X

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

No. 91-5353

JAY B. BRIGHT

Appellant

vs.

RUTGERS, THE STATE UNIVERSITY

OF NEW JERSEY;et al.

SUR PETITION FOR REHEARING

Present: SLOVITER, Chief Judge,

BECKER, STAPLETON, MANSMANN, GREENBERG,

HUTCHINSON, SCIRICA, COWEN, NYGAARD and

ROTH, Circuit Judges, and POLLAK, District Judge.*

The petition for rehearing filed by appellant in the

above entitled case having been submitted to the judges

who participated in the decision of this court and to all

other available circuit judges of the circuit in regular

active service, and no judge who concurred in the deci-

sion having asked for rehearing, and a majority of the

circuit judges of the circuit in regular active service not

having voted for rehearing by the court in banc, the peti-

tion for rehearing is denied.

BY THE COURT,

/s/ Carol Los Mansmann

Circuit Judge

Dated: Apni 15, 1992

* District Judge Pollak voted only as to panel rehearing.

126a

CHARGE OF DISCRIMINATION

EEOC 031860632

Name: Dr. Jay Bright, 212 Hillcrest Avenue, Apt. B,

Collingswood, New Jersey 08108

Named is the employer who discriminated against me:

Rutgers University, Camden, New Jersey 08102

Cause of discrimination based on: National Origin—

Indian (East), Retaliation

Date most recent or continuing discrimination took

place: 12/84 and cont.

The particulars are:

I. I was hired as an Assistant Professor in July 1984, in

the Business Studies Department. The Departmental

Chairman, Peter Weissenberg, told me that he will pay me

an Associate Professor’s salary ($30,000 per year). I

agreed to this and signed a contract. i1 December 1984, I

discovered that I am being paid less than the average

Associate Professor. My pay was never adjusted and I in-

formed Dr. Gordon (Provost) about my problem. No

action was taken. On June 26, 1985, I had a meeting with

Dr. Weissenberg and Dr. Gordon (my attorey at that

time was present) and informed them that I believe that I

am being discriminated against because of my national

origin. Since that time, I have been subjected to differen-

tial treatment in the form of harassment.

II. Respondent gave me no reason for the harassment.

Dr. Weissenberg’s reason for the pay discrepancy was that

Respondent negotiate salaries and rank on an individual

basis.

127a

III. I believe that I am being discriminated against be-

cause of my national origin Indian, and retaliated against

for opposing what I perceive to be discriminatory treat-

ment because of my national origin, in that:

a. I am the only Indian in my department and the

only minority with a doctorate.

b. In December 1984, I discovered I was bei

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