By David Harry

Staff Writer

Six former University of Southern Maine academic counselors allege they were victims of age discrimination in a federal age discrimination suit filed May 4 in U.S. District Court in Portland.

Included as plaintiffs are three current and former residents of South Portland: Former Maine Sen. Lawrence Bliss, former Sentry reporter Rick Wright and Louise Nisbet.

The other plaintiffs are Falmouth resident Darlene Merrill, Mary Ann Benson of Portland and Margaret Park of Bennington, Vt.

The suit names USM, the University of Maine System, USM President Selma Botman and University of Maine System Chancellor Richard Pattenaude as defendants.

The plaintiffs allege discrimination occurred after restructuring of student academic counseling services. The six were invited to apply for new positions at the new Student Success Center, but the suit alleges all were passed over for younger, less qualified staffers after an unfair interview process.

The six plaintiffs ranged in age from 55 to 65 and had three to 27 years experience at the university when their jobs were eliminated in September 2009, according to court records.

The suit asks the university to hire the six plaintiffs or pay damages, including back pay and benefits, civil damages and legal fees for the suit.

Court records do not show an approaching court date for the suit. Attorney Patricia Peard, who represents the university, said she had not received legal notice of the suit, but had read the complaint lodged by the plaintiffs’ attorneys, Chad Hansen, Peter Thompson and Allison Gray.

Peard declined to comment on the suit because it is ongoing litigation.

University Spokesman Robert Caswell said the decision to consolidate the former career development, student advising and student success departments into student success centers was based on the need to provide better, more efficient services. 

The restructuring came after an independent review by the National Academic Advising Associationand was intended to boost graduation rates, he said. The restructuring reduced the number of advising positions from 21 to 19.

“USM continues to maintain that the search process leading to the formation of the Student Success Center was consistent, fair and open,” Caswell said.

Student success centers were established at USM campuses in Gorham, Auburn and Portland, Caswell said. 

Caswell declined comment on specifics of the suit, but said the average age of university staff is 48 and more than 50 percent of USM employees are older than 50.

The complaint said the six employees were interviewed for open student success coach positions by answering six questions. The answers were rated by interviewers, but the suit alleges the process did not recognize the plaintiffs’ experience in academic advising.

“The defendant’s process failed to distinguish between qualified and unqualified candidates or even between more and less qualified candidates,” the suit alleges.

Court documents allege the university hired a student success coach who was not yet born when Benson, Wright and Bliss began working as academic and career advisers.

In a prior interview, Caswell said the search process was led by a committee of university staff and faculty and used a method that was first reviewed by human resources staff.

There are six openings for student success coaches because of budgetary issues. The positions have been open since late fall 2009, Caswell said.

Bliss and Wright have moved from Maine to other academic advisory jobs. 

Wright now coordinates the Veterans Upward Bound program at Western Kentucky University.

After accepting an administrative position at California State University, East Bay, Bliss resigned his Maine Senate District 7 seat April 15. On May 10, Sen. Cynthia Dill won a special election to fill the remainder of his two-year term.