ILLINOIS - The University of Illinois Board of Trustees

82 BOARD OF TRUSTEES [September 20
tion with its determination to issue a notice of nonreappointment to the plaintiff
and in connection with the plaintiff's grievance with respect thereto, that the plain-
tiff was not treated equally with other members of the faculty, and that the defen-
dants violated substantive and procedural due process requirements in acting upon
the plaintiffs employment status and grievance.
The university counsel has requested that he be authorized to take such steps
an are necessary or appropriate, including the employment of special counsel, to
protect the interests of the University in the matter and to provide representation
for those University employees who request the same and represent that actions, if
any, taken by them in connection with the matters alleged in the complaint were
taken in their capacities as University employees.
I concur.
The student advisory vote was: Aye, Miss Kooper, Mr. Sobotka, Mr.
Watson; no, none.
On motion of Mr. Neal, authority was given as requested by the fol-
lowing vote: Aye, Mr. Forsyth, Mr. Hahn, Mr. Howard, Mr. Lenz, Mr.
Livingston, Mr. Neal, Mrs. Rader, Mrs. Shepherd, Mr. Velasquez; no,
none; absent, Governor Thompson.
litigation Related to Rice Foundation
(41) The Board of Trustees has previously authorized the institution and defense
of litigation relating to the Rice Foundation and to the estates of Daniel and Ada
Rice, in which the University and other medical schools and their medical students
may have interests.
The vice president for administration and the university counsel have been
representing the University in settlement discussions with the various litigants. They
report that there has been substantial progress and that the Appellate Court for
the Second District has scheduled a conference at which the possibility of settle-
ment will be discussed; it may become necessary for settlement decisions to be made
on short notice.
Accordingly, I recommend that settlement of the litigation be authorized on
such terms as may be approved by the members of the Executive Committee of
the board.
On motion of Mr. Livingston, this recommendation was approved.
Litigation Initiated by Dr. Nicholas G. Grand
(42) A complaint has been filed in the United States District Court for the North-
ern District of Illinois (Case No. 78C 3724) by Dr. Nicholas G. Grand, a former
tenured professor of oral pathology at the Medical Center campus whose retirement
at age sixty-eight was not deferred by the University. In addition to the University
the defendants include the elected members of the Board of Trustees, President
Corbally, Vice President Yankwich, Chancellor Begando, Vice Chancellor Grove,
Dean Yale, and Department Head Waterhouse. Also named as defendants are the
State Universities Retirement System, its trustees, and certain of its employees.
The suit purports to be a class action on behalf of the plaintiff and all mem-
bers of the educational staff of the University of Illinois who have attained the
age of sixty-eight and who have been or will be required to retire on Septembcr 1,
1978, and subsequent years immediately following their sixty-eighth birthday. It is
alleged that the mandatory retirement provisions of the State Universities Retire-
ment Act deprive the plaintiff of equal protection of law in that the age classifica-
tion does not have a reasonable relationship to articulable and identifiable state
purpose and does not justify the disparity in due process procedures between em-
ployees over age sixty-eight and those under age sixty-eight. The complaint seeks a