HI, Below is acopy mycomplaint at Office of Federal Contract Compliance. All deaf are eligiblefor enrollment in Affirmative Action Program. Info about it can be requested at 202-219-9475. They will give a contactphone regional office. I think it's worth to inform deaf community about legal rights available to them. Particular should be given info about Nolo-Press publishers www.nolo.com or get catalog 800-955-4775 or 510-549-1976 specializing in legal self-service publications. It's the only source of help in legal self-service and alternative to lawyer's monopoly. Sincerely Lev Lev Pribytkov ISSUE(S): Check those actions which you believe the employer took or failed to take because of your race, color, religion, sex, national origin, disability or veteran status (more than one can be checked): __X__ HIRING __X__ PROMOTION __X__ jOB ASSIGNMENT __X__ accommodation TO DISABILITY __X__ TERMINATION _____ DEMOTION __X__ TRAINING AND APPRENTICESHIP _____ SABBATH DAY OBSERVANCE _____ Layoff _____ SENIORITY __X__ SEGREGATED FACILITIES __X__ INTIMIDATION _____ RECALL _____ HARASSMENT _____ retaliation _____ other: _____ WAGES _____ JOB BENEFITS _____ pregnancy LEAVE POLICY FOR EACH ISSUE, EXPLAIN IN YOUR STATEMENT BELOW HOW YOU WERE DISCRIMINATED AGAINST Do you know any other employees or applicants of your group who were treated in the same way (checked above) you allege you were? _____ Yes __X__ No If yes, include their names in your statement below and explain how they were treated. Do you know any other employees or applicants who are NOT of your group who were treated in the same way (checked above) you allege you were? _____ Yes __X__ No If yes, include their names in your statement below and explain how they were treated. The Complaint Describe in details the alleged discriminatory act(s), including dates, places, names and titles of persons involved and witnesses, if any, to the act(s). PLEASE INCLUDE: b. * WHY YOU BELIEVE THE ACT(S) WAS BECAUSE OF YOUR DISABILITY, VETERANS STATUS, RACE, COLOR, RELIGION, SEX OR NATIONAL ORIGIN; b. * What harm, if any, was caused to you or others with whom you work as result of the alleged discriminatory act(s); c. * What explanation, if any, was offered for the act(s) by the employer; a. * Any information you may have on federal contracts held by the employer. If this is a complaint based on disability, describe the disability, your history of disability, or why you think the employer regarding you as disabled. I have severe hearing impairment that is evolving for decades. I was proclaimed a severe mentally patient for forty years in the former Soviet Union and even imprisoned for activities considered as political there. I was examined in the US I believe by psychiatrist in 1991 for NJ Vocational Rehabilitation Services. Considering his way of interviewing, he obviously knew about it, and although he admitted luck sufficient evidence of mental illness, outstanding IQ scores, and possession several high skill professions, he suggested via VRS me a job considered ordinarily for severe mentally ill patients accompanied with a minimal wage. NJIT managed me to ask them financial aid for education, although they obviously knew, that VRS never do it, for humiliation to hear from them again that I supposed according their conclusion to accept a job allocated for severe mentally ill patients. a. The subject of this complaint is New Jersey Institute of Technology that is a recipient of numerous Federal educational and research awards totaling annually around $100,000,000. b. I was subjected to a serious financial hardship, ruined academic achievements, and humiliating treatment. c. The level education of members administrative staff NJIT and around 80 -90% revenue amount is receiving from Federal Government exclude a possibility any kind explanation any event by link to any ground policy discrimination. Therefore it can be detected mainly by indirect and minor accidental indications. In my case it seems based on: 2-a Lev Pribytkov 1. Age - I am 57 years old; 2. Disability - I am hearing impaired with history mental illness; 3. National origin - I am a native Russian. However the total discrimination is obvious and I cannot figure out any other reason for discrimination against me. 1. NJIT promised me $1,500. via Federal Work-Study Program for 1994/95 academic year that is equivalent apprenticeship designed for providing hand on training and financial relief for needy students. A case worker of Financial Aid Office in NJIT promised me verbally a job related to my major for gaining major related experience. The condition that W-St. job would be a major related was vital for me since any other job would seriously affect my academic progress due my age and disability. However in its letter dated 8/11/94, Financial Aid Office NJIT reduced its promise to, "2. If you accept Work-Study, Student Employment will help place you into a job of your liking." However, I have never been suggested any choice! More over they have never intended to fulfil this promise. Although it is a serious violation statues FW-S Program, which requires: MAKE JOBS | A school must make FWS jobs reasonably available to | all eligible students at the school. To the extent reasonably | funds are available, the school must also make | available "equivalent employment" (that is, similar available | non-FWS jobs offered or arranged by the school) to | all students at the school who want to work. In the lower court on the March 22, 1996, a representative of NJIT stated under an oath that during 94/95 academic year near 400 students were awarded FWS, however only about 200 jobs were available. NJIT further claimed that "...the university was not under an obligation to secure (any) job for (students)..." BRIEF OF RESPONDENT NJIT(Defendant): (pg.2) States, "A W-S Award requires the student to find a job on campus and work off the money that has been awarded ... Furthermore, an award of Work-Study money does not require the university to provide students with jobs. Instead, it is incumbent upon each student to locate a job within the university and work off the amount of the work study award, as it is a competitive process with more students than jobs available ... Director of Student Employment ... tried to find another job so that he (me) could earn the FW-S money, although her office is not a placement office and does not offer such services to any other student." It should be noted, I was suggested a job in a library for placement returned books on shelves, however such job has no any relation to my major of entrepreneurship, causing me a hardship in academic progress due my age and disability. In addition my job was terminated after several weeks and I have been never suggested any other job. I was able to collect only about 25% awarded me amount. This is a plain violation Affirmative Action Clauses: # 60-2.24(f)(3). 2-b Lev Pribytkov # 60-2.26(a). NJIT has a Counselor for Disabled however she has no any business with Affirmative Action, and her duties are limited to only imitation compliance with classrooms accommodations under ADA. # 60-741.1 | Under these clauses NJIT is supposed to employ first # 60-741.6(a) | disabled for available positions responsive major # 60-741.6(f:1;2) | relation requirement FW-S Program. # 60-741.6(g:1;2;3;8;9)| # 60-741.6[h:3(iv);i(9)| The supervisor of the library terminated my employment by claiming that my frequent missing predetermined starting times are unacceptable to her, although such job has no any time pressure, since collected returned books are placing on carts and used to stored there for several days without causing any problems. She sent me at Student Employment Center without formalization termination, however in the court on March 22, 1996 she claimed that it were I who stopped work without any explanation. I was suggested by a desk clerk of Student Employment Center to see her on weekly basis for other job. I was forced to do it for several months. In the April 1996, she referred me to the Director of SEC, since there was no any job opening and a semester was nearing the end. The Director SEC imitated a great visibility in searching solution the problem, but I later realized that her efforts were intended only for humiliation me by prompting to beg for financial aid of Vocational Rehabilitation Services. Although she obviously knew that VRS never provide such aid, since she works at SEC different colleges for decades. She deceived me particular claiming that FWS award can be worked off in the next academic year. She was assuring me that she is searching a job for me during summer break too, however in the middle of Fall semester 1995/96 it become apparent to me that she makes fool of me. I started appeals to a disability counselor, Dean of Students Affairs, and President of NJIT, as a result, I was informed that the FWS award is not transferable to the next academic year and I can earn only current amount $2,000. of award for 95/96 academic year. However, from this amount I was not able to earn even a penny due according their statement lack of job openings. In the February-96 I was forced to appeal at Essex County Small Claims Court for damages caused by failure NJIT to carry its agreement in Financial Aid Package for me. It looks they managed to hand in my case to a totally partial judge that ignored my disqualification a court reporter and treated the case as an ordinary labor dispute and dismissed it. Together with a supervisor of Court Reporters, she managed me to miss deadline for appeal and NJ Superior court dismissed the case on this ground in November-96. At that time I was able to get copies of pages of the Manual of US Department Education related FW-S program and I initiated a suit again at the same Small Claims Court. NJIT managed the same judge to grab the case although I disqualified her in a case heard in June-95. In the court held on December 11, 1996 the judge again ignored my disqualification she and placed me and a court reporter far from microphones to avoid official recording hearings. In addition a court reporter had a problem with understanding as her and so my speech and probably she had a limited experience that caused notable delays in communications and prompted the judge to claim that it is too annoying and that I presented the same arguments, therefore she dismisses a case again. She ignored my cry that I did not still finish presentation the case, and she 2-c Lev Pribytkov literally run out the court room that obviously demonstrates her knowledge that my next presentation will be copies of the Manual US Department of Education showing plain violation its statues. In its latest action related this violation Statues of Affirmative action obligations of Federal government contractors dated 12/13/96, NJIT writes: "Dear Judge Ferentz: As per your request at the hearing in the above-referenced mater, enclosed for your approval and signature please find an Order dismissing the matter with prejudice, prohibiting the Plaintiff from filling further suits related to the issue of Student Work-Study funding, and denial of any future requests for a free transcript." The Order printed by NJIT and signed by the judge states: "1. The Complaint filed by pro se Plaintiff, Lev Pribytkov, against NJIT on November 8, 1996 in the Division of Small Claims is dismissed with prejudice. 2. Mr. Pribytkov is prohibited from filing in the NJ Superior Court any lawsuit against NJIT, its trustees, employees, or agents relating to the issue of Federal or Institutional Work-Study money. In the event that Mr. Pribytkov files another Complaint in the NJ superior Court, regarding this claim, he will be sanctioned by the Court. 3. Any request for a free transcript of the December 11, 1996 hearing will be denied. There is no legal requirement that a plaintiff in a civil case is entitled to a free transcript." In addition, Financial Aid Office of NJIT provided me a Financial Aid Package for the Fall-96 without any amount Federal W-S Program, although as and in previous years they suggested me Federal Pell Grant notably bellow level allocated for my income by Depatment Education. They did not transfer me also even a penny from Federal Supplemental Education Grand and NJ Education Opportunity Fund, claiming contrary facts that I am not eligible for them. NJIT forced me to drop Fall-96 semester by failing to provide adequate classroom accommodations. I re-enrolled for Spring-97 semester, however they notified me about denial requested accommodations, sent by certified mail on 1/8/97 but reached me on Friday 1/18/97. The letter from the Disability Counselor with denial again requested near available to a general student's population learning opportunity and statement that the same inadequate classroom accommodations that secured failure one course in Spring-96 with ridiculous additions will be available for this semester. Although requested accommodations would cost five times cheaper and could be carried by students in Federal W-S Program. There are indications that suggested ridiculous to price/utility ratio court reporter's classroom captioning with rate $100. per hour are paid exactly from Federal WS Funds to outside contractor instead as intended to needy students by FW-S Program. Although on January 21 is start Spring-97 semester, FAO NJIT sent me a letter on 1/17/97 that reached me on 1/19/97 with requirement to submit a proof of US citizenship for evaluation Financial Aid Package if any. It can 2-d Lev Pribytkov mean that they will not provide me a penny in Financial Aid Package and I will have to pay all costs and therefore to ruin for decades my credit rating since I am a disability SSI beneficiary with around $6,000. fixed annual income. Such situation exposes undoubtable intention NJIT to force me drop out the college by denying adequate classroom accommodations, access to any kind financial aid, and possibility to gain hands on experience related my major in FW-S Program. Several attempts to get an assistance in resolving this complaint were sought but defeated by Director Counseling Center, Dean of Student's Affairs, and a Small Claims Court. It should be reminded that NJIT discriminated me even in its admission procedure, and I was able to get admitted only after intervention Office of Civil Rights of US Department of Education in the spring 1994. During preparation this complaint, I found a letter handed in me by Coordinator of Services for Students with Disabilities and remembered that she pressed me to meet two members Committee of Advocacy for Disabled Persons. However I found that one member left NJIT several years before and the other member, Ms. Mitchell(201-596-3134), is Administrative Ass't of Director Affirmative Action Office Ted Johnson(201-596-3133). I remembered that my meeting with Ms. Mitchell was a very short and she never mentioned anything about Affirmative Action. At that time I had no any idea about Affirmative Action Program and my eligibility for it. I am not sure now, but it seems their common door has no a label Affirmative Action Office. During two academic years I read every issue students newspaper on campus "Vector," however I never seen there or anywhere else on campus information about existence Affirmative Action Program in NJIT in compliance to #60-741.5(b). There was only one publication related disability - report about a resident of a nursing home is nearing graduation, but it is not the case since he will unlikely benefit from college education beyond personal satisfaction. It should be noted also that Newark campus NJIT has only 20-25% black students, although they get several millions $ annually for remedial programs and Newark is a region with about 90% black population. Since I had no idea about existence Affirmative Action Office on campus NJIT, I never applied there, however I handed in several complaints to Ms. Bolling(201-596-3420) with title Information, General Trouble-Shooting, and Counseling, Financial Aid Office, Dean of Student's Affairs, and President of NJIT and they supposed to know about it. During three years enrollment in NJIT, I have never seen enywhere info about existence Affirmative Action Program on campus and possibility to look into it. My case demonstrates plain violation ##60-741.6(i: 8 and 9) requiring recruiting disabled in Work-Study programs. It also plainly ignores Appendix #60-741 as a whole. 3 Lev Pribytkov l.pribytkov@juno.com