UW-EC implicated in discrimination claim against UW System

Nov. 16—EAU CLAIRE — Subsequent to a failed affirmative action complaint filed July 28, UW-Eau Claire Student Support Services employee Rochelle Hoffman has filed a discrimination complaint under the Wisconsin Fair Employment Law against the UW System Board of Regents, Madison-based law firm Fox and Fox announced on Tuesday.

The complaint, filed with the state Department of Workforce Development, alleges Hoffman was subjected to "continuing harassment and intimidation by a group of students, faculty and administrators" following her appointment as interim director of the newly created Office of Multicultural Student Services last January.

In an affirmative action complaint filed with the university over the summer, Hoffman, a white woman, said she was discriminated against on the basis of her race by four faculty of color and several students.

She alleges the faculty were openly hostile toward her, targeting her in a faculty letter asking individuals for support as they advocate for greater transparency and accountability from then-Vice Chancellor for Equity, Diversity, Inclusivity and Student Affairs Olga Diaz and Chancellor James Schmidt.

The affirmative action complaint was dismissed by the UW System due to lack of evidence in late October. Her discrimination complaint with the DWD was officially filed Monday.

A rocky merge

According to Hoffman's initial complaint, problems began to arise on campus when the Office of Multicultural Affairs merged with Blugold Beginnings to form MSS, despite pushback from some students and staff.

Following the announcement of the merger, the university hosted a series of open houses for students to ask questions about how MSS would function. There, Hoffman said students expressed reservations about a multicultural student entity being run by white staff.

She said students asked, "Will you hire white people?" and "Can white people be effective in this office?"

Hoffman has worked with BB for six years. She said she has an undergraduate degree in urban education and a master's in education, and she has a passion for serving under-resourced groups. During her time at BB, Hoffman said she helped create and manage programming for students of color, taught and created new classes, and worked to increase retention.

"All the Open House events were extremely hostile for Hoffman," the discrimination complaint reads. "She was the only white person in a room of fifty-plus students and staff and their message was very clear: She was not welcome because of her race. It was offensive and intimidating."

In the UW System's investigative report of Hoffman's affirmative action complaint, investigators noted that her complaint was not filed against any particular student, the comments made were not directly tied to any of the staff identified in the complaints, and were therefore not relevant.

Following the open houses, UW-Eau Claire's Student Senate passed a resolution condemning the merger. The condemnation was signed by Schmidt on March 1.

A part of the resolution expresses "concerns over placing white-identifying individuals in positions of interim leadership for major EDI offices" and says "the interim director positions must be filled by someone who either has experience in both the Office of Multicultural Affairs and Blugold Beginnings or a neutral position on campus."

"The Senate Resolution saying that Hoffman was disqualified from serving as Interim Director of MSS because she was 'white identifying' was a direct attack on Hoffman on the basis of race, further contributing to the hostile work environment," Hoffman's discrimination complaint stated.

However, a senate condemnation is just a formal statement of disapproval, rather than a policy change.

At this point, Diaz assumed interim director of MSS duties to "shield" Hoffman, Hoffman stated. Hoffman was named assistant director of MSS by Diaz.

Hoffman accused three professors in both complaints of creating a hostile work environment by writing and disseminating a faculty letter with an overarching desire to address the marginalization of students of color on campus; the increased resignation of faculty of color in the EDISA department; and the disregard for collaboration and shared governance in EDISA decision making.

"I did not know the content of the letter, but I felt intimidated knowing our talented faculty might attack my work supporting students of color," Hoffman wrote in her initial complaint. I had several faculty friends saying they felt pressure to sign the letter ... It started an 'us' vs 'them' adversarial atmosphere in the office, and around campus."

The UW System investigation, however, reported the letter is not evidence of discrimination, despite Hoffman's concerns.

"The letter, which Hoffman alleges targeted her, discussed overarching concerns regarding staff of color and retention issues, and inclusion of governance and student voices," the report states. "There is no mention of Hoffman, nor her position, and no mention of excluding individuals from the office staff makeup because of their race."

Hoffman accused another employee, her subordinate as assistant director of MSS, of refusing to cooperate with her. Hoffman alleged the employee believed they were the better fit for the position and accused them of saying her "identity" was a "huge problem."

Hoffman said she made repeated attempts at befriending this employee, including repeatedly inviting her to lunch and coffee. She claimed the employee would decline those attempts, as well as requests for meetings.

"(Their) rejection of friendly communication is defeating," Hoffman stated. "(Their) continued objections to work requests is insubordination."

Upon further investigation, the aforementioned employee provided the UW System an email and screenshot evidence contradicting some of Hoffman's claims. The employee also pointed out Hoffman often works from home and is "not readily available."

The employee denied saying Hoffman's identity is a "huge problem."

"It's interesting to note that (the employee) was an employee that reported to Hoffman," the UW System report reads. "(The employee) states that (they) never made the statements that Hoffman alleges, and there is no evidence or pattern of behavior from (the employee) to suggest otherwise. ... Assuming Hoffman's allegations are true, which there isn't evidence to support, Hoffman, as the supervisor of (the employee) failed to show why, as the supervisor, she could not address the issue."

Though not addressed in her initial complaint, Hoffman later told the UW System she experienced further discrimination from administrators at the university after her affirmative action complaint was made, the investigative report shows.

Hoffman alleges the transfer was initiated by the administrators. The new role would be as a student affairs program specialist. She said the administrators told her they would move her position if she didn't withdraw her affirmative action complaint.

The UW System said the evidence did not support Hoffman's claims.

"Both (administrators) said that it was Diaz that initiated the transaction to move Hoffman, and that it was by Hoffman's request that it take place," the report stated. "Diaz also confirmed in her statement as a witness that she worked to facilitate the position move within two weeks of Hoffman's request."

Further, Hoffman claimed she received the demotion from assistant director of MSS to Student affairs program specialist; however, Hoffman was never officially in the title of assistant director, as Diaz never initiated the change through Human Resources.

"It is also important to note that the transaction which Hoffman alleged was a demotion, included a salary increase of $9,160 per year, which equated roughly to 8% in salary," the report added.

What comes next

Despite the UW System's conclusion that Hoffman's affirmative action complaint contains no factual evidence, Hoffman maintains her appointment as interim director of MSS was opposed based solely on her race, regardless of her qualifications and prior performance.

The discrimination complaint also implies Diaz lost her job as vice chancellor for EDISA in retaliation for supporting Hoffman's claim. This coincides with a claim made by Diaz herself in a Leader-Telegram editorial published in late October.

Now that Hoffman has made a discrimination complaint with the DWD, it is subject to investigation by an equal rights officer, according to the DWD website. The respondent in the complaint — in this case, the Board of Regents — must provide a written answer to the complaint.

From there, the investigator may conduct interviews for more information and ask both parties if they want to resolve the case through a settlement. DWD staff are trained to assist parties in working out a fair and equitable solution to the issue at hand.

If a case is not settled, the equal rights officer will complete an investigation and write an initial determination of whether there is "probable cause" or "no probable cause" to believe the law has been violated.

If the case is found to have probable cause, it will move forward to a hearing on its merits. The case is dismissed if no probable cause is found. If the case does come to a civil rights hearing and it is determined the law has been violated, the complainant is entitled to back pay, reinstatement, lost benefits, interest and attorney's fees. Other remedies may be awarded depending on the circumstance of the case.

This process may take up to a year to complete.