Pretrial motions made by both sides of a case in which Eastern’s former provost is suing for sexual harassment and racial discrimination were ruled on by a federal judge Friday in Urbana.

Teshome Abebe, former vice president for academic affairs, filed suit against the Board of Trustees and former President Carol Surles on Nov. 14, 2000 after he was fired from his administrative position, and returned to being an economics professor.

In the lawsuit, Abebe alleged Surles made sexual advances toward him, to which he did not respond.

Surles resigned as president to seek treatment for breast cancer in July of 2001.

U.S. District Judge Michael McCuskey ruled on motions to include evidence to be presented by Milton Otto, Abebe’s lawyer, and Eastern’s attorney, Elaine Massock, when the case goes to a jury trial Dec. 2.

Abebe’s lawyer submitted a motion that argued an unsigned letter received by the BOT in March of 2000 was not relevant as evidence. The motion denied Abebe wrote or ever saw the letter, yet the defense’s counterclaim notes witnesses will testify Abebe wrote the letter.

McCuskey ruled the letter to be relevant to the defense’s, specifically Surles’, counterclaims.

McCuskey also ruled on a motion to bar a statement Abebe allegedly made to a student about Surles’s being diagnosed with breast cancer. Abebe allegedly told a student it would be good if Surles died because then he could win the lawsuit.

“The court agrees the statement is relevant in relation to Abebe’s malice towards Surles,” McCuskey said.

A motion for the court to bar evidence of a discrimination charge Abebe made at a previous university was not as simple to rule on.

McCuskey said information regarding Abebe’s removal from the provost position at Ferris State University in Michigan was clearly relevant to issues in the lawsuit. Abebe held the same position at FSU, he said, and was confronted by similar complaints about his performance as an administrator.

However, McCuskey concluded some of the evidence was not relevant, and denied the motion in part.

Another pretrial hearing was set for Thursday at the U.S. District Court in Urbana for the other counterclaims and motions.