Grady believes race played a role in punishment
February 21, 2013
Don Grady, former NIU police chief, believes race may have played a role in his dismissal.
Grady’s attorney, Michael Fox, said he and his client do not believe Grady was treated fairly when compared to other employees who have faced disciplinary action at NIU.
In a Feb. 3 letter to Bill Nicklas, acting director of Public Safety, Grady wrote that he “advised [Nicklas] that the actions taken against me appeared to be discriminatory on the basis of my race.”
“Is racial discrimination at play here?” Grady wrote. “If not, would you please provide me with the bona fide occupational qualifier that allows for the disparity in treatment demonstrated in this circumstance?”
According to Grady’s notice of termination, he was dismissed because “of the failure of the NIU Police Department of Public Safety (the ‘Department’) to disclose and turn over exculpatory ‘Brady’ evidence in the case of The People of the State of Illinois vs. Andrew Rifkin” and because of a “failure to appropriately supervise the Department.”
In the Feb. 3 letter, Grady wrote that “employees are typically not subjected to administrative leave until substantial evidence has been gathered which shows a significant policy, procedure, rule, regulation, or criminal statute has been violated and that the person named is likely culpable. This was shown to be the case with the employees investigated for involvement with the ‘Coffee Fund’ and again when complaints were made against Robert Albanese and John Gordon.”
Eight current and one former NIU employee face charges in relation to the “Coffee Fund,” a bank account in which NIU employees kept proceeds from selling university-owned scrap metal. Several of those employees were placed on leave but have since returned to work. Gordon and Albanese resigned and retired, respectively, in August following allegations made against them.
“Not a single one of these employees has been subjected to the all-out effort to sever their relationship with the University that has been directed at me,” Grady wrote in the letter.
Fox said he and Grady will use state and federal agencies to “assist us in the investigation of whether or not people of different races were treated differently.”
However, the university maintains that race did not play a factor in the decision to dismiss Grady.
“I think the reasons for the termination were clearly documented in Mr. Grady’s termination letter,” said Paul Palian, director of media and public relations.
Chris Pitts, president of the Black Student Union and senior political science major, declined to comment on Grady’s allegations. However, Pitts said he was sad to see Grady was fired.
“Chief Grady is innocent until proven guilty,” Pitts said.
Grady had been on leave since Nov. 10 in response to Judge Robbin Stuckert’s ruling that there had been purposeful hiding of evidence by members of the NIU Police Department in regard to the case against Andrew Rifkin, a former NIU police officer who was accused of sexual assault. Rifkin’s attorney argued that NIU police did not provide the DeKalb County State’s Attorney’s office with two key witness statements. The charges against Rifkin, who has filed a lawsuit against the university, have been dropped.
Nicklas could not be reached for comment on Wednesday.