of publications and was more active in campus affairs.
Dr. DiAngeli testified that she had been Chairman of Committee W of Lehigh AAUP in 1972-1973, and that Committee W at that time was comprised of women plus one man. She explained that the function of Committee W was to ascertain whether there was discrimination as to sex at Lehigh. As heretofore set forth, Committee W found that there had been no sex discrimination in the plaintiff's case.
Dr. Valenzuela stated that he recommended the plaintiff be denied tenure in 1973 after evaluating her record according to the three criteria. He also testified that he felt that Dr. Waldenrath was more qualified for promotion on the basis of his scholarship and service to the University.
Dr. Herz testified that she had received several complaints from students about the plaintiff's insensitivity to students' problems, and that the plaintiff did not make herself available to students outside of class. She stated that her recommendation was based on her evaluation of the plaintiff's record according to the three tenure criteria. In comparing the plaintiff with Dr. Waldenrath, Dr. Herz stated that Dr. Waldenrath was more committed to teaching and a better scholar. She denied any bias against the plaintiff because of her sex or because she had a young child.
Dr. Zettlemoyer testified that he thought the plaintiff had shown little evidence of scholarship and had given little service to Lehigh. He confirmed Dr. Liss's statement that Lehigh did not adopt its first affirmative action program until April 1976, and said that the University had made less progress that he would have liked in this area. He stated that Lehigh did not become co-educational in its undergraduate school until 1971. At present its admission quota for females in the undergraduate school is 20%.
President Lewis testified that in evaluating the plaintiff's case, he relied upon the recommendations of the department members, the Dean and the ad hoc committee.
Gary Lutz, who testified as an expert on the interpretation of statistics, was presented with two studies and asked whether he could draw any conclusion concerning sex discrimination from them. One study showed that in the College of Arts and Sciences since 1971, three women have been granted tenure out of the six that have been considered. The second study showed that in that College and during that same period of time, thirty-four men received tenure out of fifty-six men who were considered for tenure. He testified that in his opinion as an expert, one could not draw any conclusion from such statistics concerning sex discrimination.
This case is brought under Title VII of the Civil Rights Act of 1964. The plaintiff claims that the defendant, an employer, treated her less favorably than others because of her sex. In McDonnell Douglas Corporation v. Green, 411 U.S. 792, 802-05, 93 S. Ct. 1817, 1824-25, 36 L. Ed. 2d 668 (1973), the United States Supreme Court set out the order and allocation of proof in private, non-class action discrimination cases:
The complainant in a Title VII trial must carry the initial burden under the statute of establishing a prima facie case of racial discrimination. This may be done by showing (i) that he belongs to a racial minority; (ii) that he applied and was qualified for a job for which the employer was seeking applicants; (iii) that, despite his qualifications, he was rejected; and (iv) that, after his rejection, the position remained open and the employer continued to seek applicants from persons of complainant's qualifications. . . .