In choosing a person to be the Director of its Slavic and Eastern Studies Program, the defendant placed considerable weight upon: (1) the applicant's higher educational teaching experience; (2) the applicant's amount and quality of graduate study; (3) the applicant's earned post baccalaureate degrees such as the Master and Doctorate; (4) the applicant's publications in scholarly journals and the papers read before learned societies; and (5) the applicant's depth and blend of knowledge in his area of specialization. After reviewing these criteria most extensively the Court is of the firm opinion that they do not discriminate nor do they have a tendency to discriminate against persons of Slavic origin. Clearly, defendant's only objective was to obtain the most qualified individual possible for this position, regardless of his race, color, sex, religion, or national origin.
Finally, the Court can find no merit to plaintiff's contention that the statistical evidence introduced at trial establishes a prima facie case of discrimination on the part of the defendant. Very simply, plaintiff's statistical evidence is incomplete and, therefore, is too misleading to be of any probative or material value.
In view of the above, the Court can only conclude that the defendant committed no constitutionally impermissible employment practices in violation of plaintiff's civil rights and that its hiring and promotional system was not only fair on its face but also fair in its operation so as not to exclude from employment or promotions persons of Slavic origin.
Findings of fact and conclusions of law have not been separately stated but are included in the body of the foregoing opinion as specifically authorized by Rule 52(a) of the Federal Rules of Civil Procedure.
An appropriate Order is entered.
AND NOW, this 31st day of March, 1976, judgment is hereby entered in favor of the defendant, California State College, Department of Education, Commonwealth of Pennsylvania, and against the plaintiff, Nicholas Kutska.
IT IS FURTHER ORDERED AND DECREED that the within action by the plaintiff, Nicholas Kutska, against George H. Roadman, President, Thomas Howard, Vice-President, and Philip Y. Coleman, Dean of Arts and Sciences, is hereby dismissed with prejudice. Costs are to be paid by the plaintiff.