Monday, 8/11/97 Cardona files discrimination lawsuit against AAP
Tutorials accuses AAP of discrimination DISCRIMINATION: Student
accuses organization of hiring based on political beliefs
By George Sweeney Daily Bruin Contributor After two years of red
tape, Alvaro Cardona, an English student, has finally taken outside
steps to have his grievances heard. On Aug. 6, Alvaro Cardona filed
suit against UCLA for infringing upon his First Amendment rights.
Specifically, Cardona is filing suit to protect his right to not
express his political beliefs in a hiring forum. In November of
1995, Cardona applied for a position as a tutor with the Academic
Advancement Program (AAP). He did not get the position. Cardona
contends that the interview did not address his qualifications, but
focused on his views on affirmative action and racism at the
university. But AAP Director Adolfo Bermeo contends that Cardona’s
political beliefs played no part in his being denied the position.
Because he had no official UCLA transcripts at the time of his
application, in AAP’s view, his academic record was circumspect,
and therefore Cardona was not qualified for the tutoring position.
"Alvaro Cardona had no academic record at UCLA in the fall of
1995," Bermeo said. "His record was as an entering transfer
student. His academic track record at UCLA was non-existent." For
Bermeo, the idea that AAP based Cardona’s hiring on his political
leanings is not true. "(This) is not an issue of political speech.
We want to hire the best academically qualified students, coupled
with the ability to communicate with the students on an academic
level, and who have the highest expectations for UCLA students," he
said. Cardona feels he was denied the position because he did not
express political beliefs in conjunction with those at AAP.
According to a statement released by Cardona’s legal
representation, the Institute of Justice, Cardona’s First Amendment
rights had been violated. Because he denied to comment upon his
political beliefs during the job interview, he felt that his
chances for the position were compromised. The lawsuit contends
that as a state university, UCLA cannot require political
allegiance as a requirement for a position. Donna Mattias, lawyer
for Alvaro Cardona, said that the suit was "a declaration that a
state university cannot inquire into the political beliefs of
someone who is being considered for employment." In fact, Cardona
claims he is not wholly opposed to affirmative action. He feels
that his ambivalence towards the policy was viewed as adversarial.
"I am a product of affirmative action and I appreciate what
affirmative action has done for me," Cardona said, "but there are
things that can be changed." Although university policy states that
it cannot comment on individual personnel decisions, AAP defended
its position and its hiring practices. "Tutors frequently must
probe beneath the surface to find, for example, ways to pursue an
academic interest, deal with a personal feelings of alienation,"
Don Wasson, head of AAP Tutorials, said in a statement. In addition
to defending AAP’s hiring practices, Wasson defended AAP directly.
"The university has made a large commitment to diversity and AAP is
a large part of that commitment," Wasson said. The litigation is
not the first attempt to have Cardona’s grievances heard. Initially
Cardona attempted to resolve the conflict within AAP and
subsequently in the Ombud’s office. Then Cardona approached the
American Civil Liberties Union (ACLU) to represent him in
litigation. After he was denied representation because of ACLU’s
"severely limited resources," Cardona went public with his story.
Cardona was offered a second interview by AAP in March. This
interview addressed his qualifications as a tutor, but according to
Cardona, he was not given the position because of past conflicts.
According to Cardona, AAP’s official reason for not hiring him for
the second position was that he failed in a mock interview. After
the second interview, Cardona gained legal representation,allowing
him to file suit against the university. The Institute of Justice
is still awaiting an official response from UCLA to set the trial
date.