Counsel representing California State University, Fresno filed a motion to dismiss the discrimination lawsuit brought on by Joe Parks, a professor in the curriculum and instruction department.

Parks, 65, filed his complaint without a lawyer on July 28. He is seeking relief for discrimination on the grounds of race and age. Parks cited the high price of a retainer for his lack of legal representation.

The motion to dismiss stated that Parks had not proven that he made any complaint with, or received a right-to-sue letter from, the Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission.

Such actions are necessary before an individual can sue the state, according to the motion.

The motion also argues that Parks has not demonstrated, beyond just saying it, that he has been harassed or mistreated by the administration.

Parks said that he filed a complaint with DFEH, received a right-to-sue letter from the EEOC and completed his obligations within the required 90-day period.

Parks was suspended in February of 2008 for allegedly joking about shooting students in his classroom. No action was taken by police. Parks says administrators have treated him poorly ever since he returned from suspension in 2008, which lasted from late February to June, and that they have railroaded him.

“They said I would be fired if I talked to the media, or anyone else, about personnel issues,â€Â Parks said.

He also said that he has been confronted by administrators regarding his alleged racially motivated statements. Parks also said administrators and did not allow him to explain that the statements were taken out of context.

“The administration has never given me an opportunity to defend myself,â€Â Parks said.

Over the last month, about 15 minority faculty members from the education department have met regularly to discuss patterns that they have witnessed regarding gender and racial issues within the department, according to Parks.

“This is not about Joe Parks,â€Â Parks said. “It’s about discrimination in the school of education.â€Â

The complaint names the dean of the Kremen School of Education and Human Development Paul Beare, President John D. Welty, associate vice president of academic personnel Janette Redd Williams, director of human resources Janice Parten, former provost and vice president for academic affairs Jeri Echeverria, and the CSU Board of Trustees.

Stephen Silver, counsel for the university, said, “[The university] strongly denies any wrongdoing.â€Â

Administrators named in the lawsuit declined to comment about the ongoing case.

“When there’s litigation, it’s pretty standard to not talk,â€Â Silver said.