Documentation to "My Case"

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UNITED STATE DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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TIBOR GASPARIK,

Plaintiff,
…………………………………………………………….............................………… AFFIDAVIT
- against -
…………………………………………………………………............................……. LLP/8303
STONY BROOK UNIVERISITY,
…………………………………………………………….............................………… CV-05-3817(SJF)
Defendants.
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Donald James Weidner, being duly sworn deposes and says the following to be true:

1. I am an employee of the Defendant and submit this affidavit in support of the instant
motion for summary judgment by Defendant.

2. I am the Director of the Mineral Physics Institute at Stony Brook University and have
held that position since 1988. I have also been a Professor in the Department of Geosciences in
Stony Brook University since 1982.

3. The Plaintiff was hired in April of 1985 as a manager of the Stony Brook High Pressure
Laboratory to work on a research project funded by the NSF; this was an at-will position. This
project was fixed term and was funded by a series of grants from the NSF, from 1985 to 1991. On
February 1, 1991, support for the Plaintiff’s position was transferred to a new NSF grant for the
Center for High Pressure Research [CHiPR]. I was the Principal Investigator for the CHiPR grant.

4. In January 2000, Plaintiff was informed by me (as Director of the Mineral Physics
Institute and Principal Investigator for the CHiPR grant) and Professor Robert Liebermann
(Director of the Stony Brook High Pressure Laboratory), that the funding for CHiPR would be
ending on January 31, 2002. On September 14, 2001, a letter was sent to Plaintiff again inform
him that the grant would be ended on January 31, 2001 and that his position would be eliminated.
[See Exhibit “F”].

5. Several members of the Department of Geosciences offered to send letters of
recommendation for the Plaintiff in support of his efforts to obtain employment outside of the
Defendant. [See Exhibit “E”].

6. Around the time of the expiration of the ChiPR grant, the Plaintiff and one other
research scientist who was in a similar position was terminated. Some other employees were able
to continue from other funding. However, their research was compatible with other funding
objectives, while those of the Plaintiff and the other scientist were not.

7. Although Plaintiff was appointed to a non-salaried, non-tenured faculty position in
August of 1989, he never offered a lecture class during his entire employment at the Defendant. In
fact, Plaintiff did not apply for a full time faculty position that opened upon in the Department in
August of 2002. Since he did not teach classes, his name was eventually removed from the adjunct
faculty list.

8. The Plaintiff’s employment with the Defendant ended on January 31, 2002 due solely as
a result of the cessation of funding for the projects he had been working on since 1985. Plaintiff
was not discriminated against in any way, in fact, several employees of the Defendant assisted in
Plaintiff’s attempts to secure employment after his project was terminated.

Dated: Hauppauge, New York
November 13, 2006

______________________________
DONALD JAMES WEIDNER