Legal Advocacy Fund Cases
Hegland v. Santa Clara University
Case History
Mary Hegland, an assistant professor of anthropology/sociology, sued Santa Clara University for retaliation, disability and sex discrimination.
Hired in 1989, Hegland taught social-cultural anthropology for three years. In the summer of 1993, Hegland was bitten by a tick, and over the next year she developed health problems: muscle and joint aches, inability to focus, fatigue, flu-like symptoms, and frozen jaws. The following summer she was diagnosed with Lyme disease. Due to her declining health, she went on disability leave for three years.
When Hegland returned to teaching half time in 1997, the dean's office advised her that it was time to submit her application for tenure. Although she was concerned that her disability leave and a poor evaluation from the anthropology/sociology chair would negatively influence the tenure decision, she felt she could not request another delay in the tenure application process, so she prepared and submitted her application.
Despite a favorable departmental vote and the support of the entire College Level Tenure Committee, Hegland was denied tenure in 1998. She alleges that the three males on the committee were critical of her teaching and concerned by her feminist pedagogy, suggesting that her feminist perspective interfered with her teaching. There were also questions about the quality of the journals in which she published, particularly women's studies journals.
Hegland appealed the decision, but to no avail. During this time, a colleague told Hegland that the dean said, "I don't want Mary to turn into another Lois Rosenthal." Rosenthal is a tenured professor who went on disability with breast cancer and continued on disability with a variety of health problems.
During her final year of teaching, Hegland complained to the Equal Employment Opportunity Commission and the U.S. Department of Education Office for Civil Rights. In 2000 she filed her complaint alleging retaliation and disability and sex discrimination. Hegland settled her suit with the university in 2001. Though the terms of the settlement are confidential, Hegland was pleased with the outcome. She is currently a tenured professor at Santa Clara University.
Key issues
Retaliation, disability, and sex discrimination