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Consider the following facts from Carter v. University of Toledo (6th Cir. 2003): Dr. Carolyn Carter, who is African-American, brought suit against her former employer,

Consider the following facts from Carter v. University of Toledo (6th Cir. 2003):

"Dr. Carolyn Carter, who is African-American, brought suit against her former employer, the University of Toledo, alleging that the University failed to renew her contract as a visiting professor because of her race.

In the litigation that followed, Carter offered statements made by Dr. Earl Murry, the University's Vice Provost.

According to Carter, Murry told her that the School's Dean Dr. Czerniak: 'is trying to whitewash the college of education.' Carter also asserts that Murry 'told me that Czerniak was trying to get rid of the black professors and that he was in a struggle with her involving the appointment of an additional black professor.' When she contacted him a third time to find out whether her appointment would be renewed, Carter claims that Murry said 'I don't know what's going on, they're a bunch of racist over there.' Murry denies making any of these statements."

Can Carter testify about Murry's statements in the litigation against University of Toledo? I may help to know that:

"Murry's duties as Vice Provost included acting as chief negotiator for the faculty's collective bargaining agreements, coordinating faculty recruiting, hiring, training, and orientation, advising the Provost on tenure and promotions, reviewing salary matters, and ensuring compliance with affirmative action requirements."

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