EEOC: U. committed gender bias

A federal panel said Penn had discriminated in the search for a women's crew coach in 1997. The U.S. Equal Employment Opportunity Commission determined last week that the University committed gender discrimination in 1997 by denying Andrew Medcalf, an assistant men's crew coach, an interview for the then-vacant position of head coach of the women's crew team because of his sex. Medcalf, 48, filed a complaint against the University more than two years ago, alleging that he had been passed over in favor of current women's coach Barb Kirch despite having been "forcefully recommended" for the position by men's crew coach Stan Bergman. Medcalf has been an assistant coach on the men's team for the past nine years. He applied to be head coach of the women's crew squad in May 1997, shortly after the former coach, Carol Bower, stepped down. In the complaint, Medcalf said he had been told by then-Senior Associate Athletic Director Carolyn Schlie Femovich -- who recently left Penn to serve as commissioner as the Patriot League -- that the Athletic Department intended to hire a coach that could "serve as a strong female role model" to the team and, in particular, a woman that would be "at least as good if not better" than Medcalf. Both Femovich and Athletic Director Steve Bilsky were unavailable for comment this week. According to a report released last week by the EEOC, Femovich denied Medcalf's allegations, but she did testify that she once told the women's crew team that Penn hoped to attract "strong female candidates." The University ultimately hired Kirch, a Penn alumna who served as head women's crew coach at Dartmouth College for nine years, as its new coach. Despite the EEOC's recent ruling, Athletic Department officials maintain that they selected Kirch, who is also the former coach of the U.S. national junior women's team, because of her "superiority in relevant experience." Kirch refused to comment. University Spokesperson Ken Wildes said Kirch was the "best candidate, male or female" and remains the "ideal person for this position." "We have the best coach in the country in Barb Kirch. Period," Wildes said. But Medcalf, who has previously coached at Michigan State University, the University of London and the University of Rochester, has long said that he was sufficiently qualified for the position and that his gender, not his ability, prevented him from being seriously considered for the job. Medcalf did not return repeated phone calls this week. In a report released last week, the EEOC determined that the Athletic Department had "considered gender during discussions concerning filling the position" and had taken "extraordinary measures to recruit only female candidates." The report says that the University received 26 applications -- 13 from male candidates and 13 from female candidates -- between June and August 1997. The four candidates who were interviewed were all females, according to the report. Additionally, the EEOC says it has "reasonable cause to believe" that the University, in not interviewing male candidates for the position, violated Title VII of the 1964 Civil Rights Act, which forbids employment discrimination based on race or gender. Wildes, however, said that Penn's policies are "consistent with existing Federal nondiscrimination regulations" and provide "fair and equitable treatment" to all prospective employees. Medcalf's attorney, Lawrence Woehrle, said he had been told that the EEOC was considering filing its own lawsuit through the Department of Justice, but said he will still likely sue the University should the federal agency not do so. "We will have our own action," Woehrle said, adding that the EEOC's determination lends further proof to the notion that "discrimination occurred" and that "gender was an overriding factor" in the decision not to interview Medcalf.