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Nelson v. University of Hawaii12/11/2001
hich they discussed the fact that the personnel committee was probably struggling with her contract renewal.
Sometime between January 3 and 10, 1995, Nelson went to the Dean of the College of Education to discuss her concerns about disparate treatment and her problems with Dr. Ho. According to Nelson, the Dean listened to her concerns and suggested that Nelson address her concerns to Dr. Ho in writing. Shortly afterward, Nelson was told by Dr. Ho that her annual contract renewal evaluation would be conducted in January, two months earlier than she anticipated based on her previous years' experience and what she believed was the policy with respect to other faculty. Although Nelson's contract was renewed for another year by a four-to-one vote of the personnel committee, she received negative comments about her performance. Dr. Ho's independent evaluation of Nelson reflected his concerns about her lack of publication in a peer-reviewed journal, referred to as a "refereed journal."
Nelson testified that, prior to her evaluation and while at the University, she wrote and published an instructor's manual on Human Motor Development that was "on the shelves" in January 1995. She also testified that she published several papers and gave presentations at the University, obtained grants, and published state performance standards for physical education for use by the Hawaii Commission on Performance Standards for the University.
Nelson also claimed that, in January 1995, she had an epileptic seizure for the first time since her brain surgery in 1990 and that, thereafter, her health began to deteriorate due to the stress of the discriminatory treatment. As previously stated, Nelson filed a formal complaint with the University's EEO office in February 1995 and eventually filed a charge of discrimination with the HCRC and the EEOC in July 1995. Dr. Ho claimed that, after February 1995, he did not participate in distributing Nelson's teaching assignments because he was told that the Dean's office would be taking over this task.
Nelson claimed that, in 1995 and 1996, the University denied several requests for accommodations for her disability and that the discriminatory treatment continued. On cross-examination, Nelson admitted that several of her requests, such as a reduction in work load and relocating her office away from Dr. Buxton, were granted. Her contract was not renewed in 1996. Nelson claimed that she has been unable to work since she left the University in 1997 and that she was living on "Social Security disability."
Dr. Mary Ann Prater (Dr. Prater), formerly chair of the Department of Special Education, testified that she was asked to be substitute chair of the HPER department personnel committee reviewing Nelson's contract renewal in 1996 because the HPER department needed an external evaluator. Dr. Prater stated that she recommended renewal because Nelson had submitted articles for "referee review," had written a book, had written a grant application for external funding, and her teaching evaluations were positive.
Nelson's psychiatrist, Shepard Ginandes, M.D. (Dr. Ginandes), who had been treating Nelson since 1995, testified that Nelson had a seizure disorder that could be triggered by stress and depression and opined that her seizures returned in 1995 as a result of stress and the episodes, as described by Nelson, involving Drs. Ho and Buxton. Nelson suffered from major depression, panic attacks, and seizures that posed a major risk to her health. Dr. Ginandes testified that Nelson was now "totally disabled" because of "the stress she was subjected to in her job at the University." He claimed that Nelson was not only unable to return to work
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