Repository: UIHistories Project: Board of Trustees Minutes - 1976 [PAGE 345]

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334

BOARD OF TRUSTEES

( J u n e 18

The University Counsel has recommended that he be authorized to take such steps as are necessary or appropriate, including the employment of special counsel, to protect the interests of the University and to provide representation of the individual defendants who so request I concur. O n m o t i o n of M r . F o r s y t h , a u t h o r i t y w a s g i v e n as r e c o m m e n d e d b y the following v o t e : Aye, M r . Forsyth, M r . H a h n , M r . H o w a r d , M r . Lenz, M r . Livingston, M r . Neal, M r s . Rader, M r s . Shepherd, M r . Velasquez; no, n o n e ; absent, Governor Walker.

Litigation Instituted by the Institute of Athletic Motivation

(38) The University and Professor Rainer Martens have been named as two of the defendants in a matter filed in the Superior Court of California, County of Santa Clara (Case No. 330236), by the Institute of Athletic Motivation, a California corporation. All other defendants have been designated by fictitious names. The complaint alleges that the defendants, through Professor Martens, published numerous letters containing matters, known to be false, which were critical of certain tests which the plaintiff was marketing. I t is alleged that the letters were libelous to the plaintiff and were published for the purpose of injuring the plaintiffs reputation. The complaint seeks general damages according to proof; special damages in the amount of $1 million; punitive damages in the amount of $5 million ; and costs of the suit. Professor Martens, a member of the University faculty, has requested the University to provide representation for him in his defense of the suit on the ground that all actions taken by him with respect to the matters alleged were taken in his capacity as a University employee. T h e University Counsel has recommended that he be authorized to take such steps as are necessary or appropriate, including the employment of special counsel, to protect the interests of the University in the matter and to provide representation of Professor Martens. I concur. O n m o t i o n of M r . H o w a r d , a u t h o r i t y w a s g i v e n a s r e c o m m e n d e d by t h e following v o t e : A y e , M r . F o r s y t h , M r . H a h n , M r . H o w a r d , M r . L e n z , M r . Livingston, M r . Neal, M r s . R a d e r , M r s . Shepherd, M r . Velasquez; no, n o n e ; absent, Governor Walker.

Litigation Initiated by Robert Stafford Byars

(39) T h e University has been served with another complaint filed by Robert Stafford Byars in the Circuit Court of the Sixth Judicial Circuit, Champaign County (Case No. 75 C 572). I n this litigation the plaintiff alleges that the University breached the plaintiff's employment contract for the academic year 1973-74 by failing to follow its internal procedures concerning the granting of promotion and tenure. T h e University is the sole defendant named. T h e complaint seeks reinstatement of the plaintiff at the level of associate professor with full tenure, an award of $1 million in damages, and the payment of plaintiff's attorneys' fees. T h e University Counsel has stated that in his opinion the complaint is not well founded and has recommended that he be authorized to take steps as are necessary or appropriate, including the employment of special counsel, to protect the interests of the University in the matter. I concur.