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Wild Justice

by Ruth M. Sprague




Wild Justice-Ruth M. Sprague Copyright @1993 TX 3 608 425




BACK COVER

The court and the EEOC said sex discrimination!

Belmont U. terminated her anyway!


Belmont University had always looked upon faculty misdeeds such as
child molestation, sexual harassment or record falsification with
a tolerant if not blind eye. Strange then that the entire
administration mobilized to aim its big guns at Professor
Diana Trenchant--or was it?

The inner workings of administrative jingoism are exposed
as a popular teacher is given a termination hearing where the
presiding officer is the accuser, the prosecutor and the judge,
and the testimony in her defense is ignored.

"WILD JUSTICE chronicles the outrages of one woman's
experience with an engaging mix of humor and indignation.
The use of fictitious names underscores how the problems
are systemic and not merely rooted in the particular persons
involved in this `witch hunt'. I hope it will be widely read--
both for its own sake and to encourage the kind of struggle
that redirects higher education to serve the people and social justice,
however wild!"

Professor Willard Miller, University of Vermont.


COPYRIGHT PAGE


Published by T'Wanda Books, P.O.B. 1227, Peralta, NM 87042

Copyright @ 1993 by Ruth M. Sprague

Cover artist: David O'Vitt

1. Publisher's Cataloging In Publication Data

2. Sprague, Ruth M.

3. Wild Justice

4. 1. Fiction. 2. Sex discrimination.
3. University policy and procedures. 4. Feminists.

5. LC#: 93-060721

6. ISBN 1-883889-05-7 Softcover



AUTHOR'S NOTE


It is no accident that women continue to earn less than men.
Nowhere is this more evident than in the testosterone temples
of academia. Here, the ceiling is made of plexiglass.

Although more women are allowed in the classrooms and even into
the board rooms, decisions are still made in the men's rooms.

More women obtain advanced degrees and achieve faculty positions,
but few are allowed into the highest administrative positions.
Rather, they are found in greatest numbers in the lower paying,
most labor intensive positions.

Civil Rights laws connecting compliance with federal grants are
blatantly ignored or creatively circumvented by many institutes
of higher learning. The courts and the EEOC, weakened to the point
of extinction by the regressive administrations of the eighties,
are about as effective as warm spit in enforcing compliance.


Using the double edged sword of coercion and harassment,
these institutions of "higher learning" continue to maintain their
status quo. This book portrays a few of the artifices they employ.
Characters, descriptions and locations are fictional, created from
the right side of the author's brain.




DEDICATION




In fondest memory of


LEAH RUTH DENTON,


this book is dedicated to all


WOMANKIND AND HER SUPPORTERS


who refuse to accept the definitions and limitations

imposed by ancient conquerors.





ABOUT THE AUTHOR



Ruth M. Sprague, Ph.D., a native Vermonter known to hundreds
of her former students as Dr. Ruth, is retired after many years
teaching nursing and medical students.


She has published several scientific papers, teaching tutorials
and one novel, VERMONT TALES FOR FOOLS AND OTHER LOVERS.




"Revenge is a kind of wild justice." --Francis Bacon





WILD JUSTICE

by

Ruth M. Sprague




Foreplay


"You can't be serious," exclaimed Diana Trenchant,
leaning toward the man sitting behind the desk. "Incredible!
Why on earth would I want to fill out and turn in student feedback
forms in my own course? All of my semester student evaluations
have been excellent."

Dr. Lyle Stone, Chairman of the Nutrition, Embryology and
Radiology Department, relished the power of his position
as fervently as he detested the acronym, NERD, that had been
irreparably attached to it. He passed a small pile of forms
across his desk to Diana. "Obviously you wanted to cause harm
to the two other instructors in the course," he replied smugly.
His expression and demeanor suggested a small boy torturing a bug
and extracting the utmost enjoyment out of it.

"Harm them?" Dr. Trenchant laughed scornfully and sat back
in her chair scanning the evaluation forms. "You claim I wrote
these five which are derogatory toward them and the course. Five!
Over two years and hundreds of feedback forms? How could there be
any harm attributed to these particular forms when you know that
both of those instructors have consistently received derogatory
evaluations from the students since they started teaching the course?"
Diana held the offending papers out in demonstration toward Lyle,
indignation rampant in her gesture. Lyle ignored her question
and picked up two other papers from his desk which he handed
to Diana saying accusingly, "Besides those five, here are copies
of two you also wrote concerning the nutrition course. Together,
these constitute repeated acts of dishonesty which are grounds for
termination for cause. "However. . ." Lyle tried for a kindly expression
and failed, "we are prepared to forget these charges if you resign."

"Oh, that's the game, is it? No way. I'm going to talk to
the faculty ombudsman about this and find out what steps to take,"
returned Diana, hotly, rising from her chair and starting toward the door.

"You can't." As Diana turned back to look at him, Lyle continued
with some desperation, "You have no recourse, no appeal.
The entire academic council have met and decided already
on this course of action. If you do not resign on your own,
you will be terminated."

"But not without a hearing certainly--according to the faculty handbook.
Or are you suspending those rights along with my access to the ombudsman?"
Grabbing up the copies of the forms, Diana left the room.

As the door closed behind her, Lyle reached for the phone
and dialed with considerable agitation. "Henry, she won't resign.
She's gone to see Jonathan and intends to make a public mess of it,"
he babbled hysterically.

"Calm yourself, Lyle. I've already spoken to Jonathan and if it
comes to a hearing, well--don't forget, I select the hearing panel
and chair it. Her public mess be damned, all our hearings are closed
to the public. Get a grip and stop blubbering."




GIVE THE DEVIL HER DUE


Chapter 1


It was going to be a perfect June day. Already a cloudless, azure sky,
promising no hint of rain, arched over a shimmering campus.
All shades of green were represented and so was every color
in the flowers that lined the walks and burst forth from the beds.
In perfect compliment, the lovely old brick and stone buildings
sat around the campus, complaisant and secure, full of pride and tradition.

The library building, squat and solid, redolent with the collected tomes
of the ages, stood as a testament to humanity's progress. Works of ancient
poets and philosophers, sinners and saints filled the shelves co-mingling
with the more recent and modern books. Here were the records of man's
highest achievements and his inhumanity to man but as yet, this building
cataloged few, if any, records of woman's highest achievements and man's
in-humanity to woman. The former being seldom recorded or remembered;
the latter too usual and customary to remark upon.

Whistling softly to himself, Jonathan Bambridge, Professor,
Ph.D, Faculty Ombudsman left the sidewalk and entered the
administration building. He proceeded directly to the Vice
President's office and entered through a door already open.

"Jonathan, good of you to come on such short notice," greeted
the Academic VP, waving Jonathan toward the inner office.

One wall of the office was devoted to `art'. The entire grouping
reminded Jonathan of different aspects of the same road-kill.

"On a day like this, it is a pleasure, Henry. Looks like
the weather is cooperating for graduation this year."

"Well, it's about time. Two years in a row we've been
rained out. Drop your bag, grab a cup of coffee and sit down."

Henry Tarbuck, Academic Vice President picked up his own cup
from his desk and went to the conference chairs arranged for
conversation in the office alcove. From here he eyed Jonathan
reflectively. Good man, he thought. Saved us a batch of trouble
by coming to me right off.

Tarbuck adjusted his six foot two, rather heavy-set frame
more comfortably in the chair. Young for his position, barely
in his thirties, he directed seasoned professors twice his age
and experience. This along with his imposing height and bulk
had caused some resentment but Henry just ignored it.

As first assistant to the president of Belmont University,
he reveled in power and position and firmly believed that those
that can, do (like him) and those that can't, teach (like faculty).

He covered this attitude with a hearty, down-to-earth,
back slapping manner that fooled no one but himself.

Bambridge joined him in the alcove, holding his coffee cup out
ahead of him like an offering. "Damn good coffee, Henry.
Must have made it yourself."

At fifty-five, Henry Bambridge figured he'd seen it all and
most of the fight had gone out of him. Physically, he was the
opposite of Tarbuck, slight in build and not quite five ten but
looked shorter. His features were finely drawn, almost feminine
in contrast to the dark, craggy, nearly simian countenance of Tarbuck.

"Let's get down to it." Henry Tarbuck radiated impatience as visible
as the steam rising from newly deposited excrement on a frosty day.
For a time, the men went over the schedule of events slated for the hearing.

"Everything seems to be in order," Jonathan suggested.

"Right, it's a go. I want to tell you, Jonathan, you've done
a damn fine job so far." Henry gestured expansively. "By advising
Diana Trenchant to attend her termination hearing without an attorney,
you saved us all a great deal of trouble."

The ombudsman acknowledged the compliment with a nod.
Jonathan knew his job was to provide just such a service to
the administration. He understood that the ombudsman's function
was ostensibly created to provide the faculty with a neutral source
to handle complaints. Most times the illusion of impartiality
was well maintained, but the reality of the position was otherwise--
it was the administration's ear and eye on the faculty.

"Just followed your suggestion," Jonathan replied, preening
self-consciously. Feeling himself in the good graces of the VP,
he continued. "What's the story here, Henry? Why is this being
handled so harshly? Her transgression is fairly innocuous and I'm
surprised it's even coming to a hearing panel. Why not slap her
down or suspend her? Hell, it would be less trouble to retire her,
she's been here nearly twenty-five years!"

Henry twitched with ill-concealed indignation for an instant
then answered calmly but with some passion, "Between you and me,
Jonathan, the bitch needs a taking down. You know how we've
adjusted to federal and state mandates that women be accepted,
even encouraged to work and matriculate here.

"All in all, it hasn't been a bad deal for us. Sure, we've had to
raise some salaries but, well, give the devil her due, most women
do seem to work hard and get a lot accomplished. They are usually
fairly easy to control. Most are scared stupid of being called
a lesbian and petrified at the thought that this accusation might
be spread around among people they know. Or, if they are married
and obviously straight, plant the suggestion that it might get around
that they are promiscuous. It turns them to jelly every time."

Henry laughed delightedly as he stood up and assumed a lecturer's pose,
unwittingly mimicking the profession he disparaged. As he warmed to his
subject, he walked back and forth across the office, adding punctuation
to his lecture with his body. Jonathan watched him intently.

"Then there are the most enjoyable ones. They're on the make
for any man who is looking for an easy lay. They trade their
ass for any glory that may fall their way through association.
As workers, most aren't worth shit but they do as they're told.
Have to watch them though because if someone higher than you in the
pecking, or ha ha, pecker order, comes along, they leave you cold.

"Now, so-called liberated professionals, feminists, may become a focus
for women's groups on campus. They get a name for being champions
of women's causes. However, jerk their chain and they are a hodgepodge
of insecurities. They have worked so hard to attain their position
and the prestige and power that goes with it, that they are our best
allies against women's movements and demands for equal wages, in short,
any kind of problem we may encounter."

"How can that be, Henry?" Jonathan was finding the impromptu lecture
not only informative, but very interesting.

"We just put them on committees or hearing panels such as the one
coming up. In appearance, we are being fair by having women represented,
not just women, but women who are vocal regarding their movement.
Actually, because they want so much for themselves, they are easy
as hell to buy. We provide perks that make them feel important.
They get invited to presidential teas, trustee cocktail parties--
anything that puffs them up, makes them feel good--that's the carrot.

"The committee chair lets them know how to vote and how well pleased
their dean will be with them and voila! Believe me, they well know
how bad it can get if they fall out of favor with the boss.
If this isn't convincing, just indicate to them that they can be
made to appear mentally unstable or morally deviant--that's the stick.

"Very few women fight back or quit a committee even if they become
uncomfortable with what it is doing. Most just keep their heads down
and hope nobody finds out how they voted. I've appointed three women
to the Trenchant hearing panel. Two of them are younger women hot
to trot up the academic success ladder which I just happen to be holding."
Henry paused, preening himself with obvious relish.

Eager for more of this fascinating information, Jonathan queried,
"What about Diana Trenchant? She doesn't appear concerned that
everyone would know she committed a crime. She refused to quietly
resign claiming that the accusations are false and apparently
is going to put on a defense at the hearing."

"Defense! Ha! It won't amount to bug dust. I chose the panel
and I shall chair the panel and the panel will vote to terminate her."
Henry was becoming very agitated. His pacing was now fast and choppy.

"She's one of those trouble makers who do so well in their
job that it's hard to find a reason to get rid of them.
It is vital that we hold this hearing and terminate her.
We must provide an example." Turning back toward the table,
Henry started to shuffle the papers busily. "We've gone over
most everything in the handbook on procedure and as far as I can see,
everything is proper. What do you think?"

Jonathan, who was holding a copy of the faculty handbook and
studying the tip of his left shoe, shook his head in agreement.
"It all appears to be absolutely correct so far."

"Fine. Now I'll expect you to be available during the hearing
in the waiting room. This is just for appearance, for extra insurance.
Things have a way of getting screwed up where she's concerned."

Hoping to reopen the informative flood gates with a smattering
of devil's advocate, Jonathan observed slyly, "You know, Henry,
her personnel file was rather impressive. She appeared to have been
an capable technician, an excellent teacher and received high
performance evaluations. No complaints for being late or absent
from work, no reports of drink or drugs. . ."

Again the VP became agitated. This time he grabbed his cup
and went to the coffee maker. "She gets people stirred up.
That's where problems arise from--those unexpected, unknown
sources. No administrator can prepare for those kind of events.
For instance, a few years ago a student under her influence
embarrassed Jimbo Jones--he was NERD chair before Lyle--and put
the department in an uproar. . ."


Jimbo Jones, chairman, six NERD faculty members
and two graduate student Teaching Assistants occupied
the conference room at the weekly departmental meeting.

Over the general murmuring and grumbling of a discontented faculty,
Peter, the departmental mouth said, "We ought to get a higher
percentage raise, Jimbo. Every year you tell us the same thing.
Times are tough, the legislature won't spring for a decent appropriation.
The dean can't. . ."

"I know that and I've been thinking how I could cut the
roster and have a little more to share among the rest of us.
If you agree, I think it's time we let Diana Trenchant go.
Last year I had to give her a whopping raise while the rest of us
had to settle for the usual 3%, and Ted at the Affirmative Action Office
says we've got to give her more again this year and then still more
until she catches up to or surpasses Fred's paycheck.

"Of course, it means that you will have to share Fred, our only
other technician, do your own research or get a grant and hire
your own technician."

Most of the people in the room moved uncomfortably in
their chairs looking down at the floor or out the window.
Looking anywhere but at each other or Jimbo.

"It's settled then, we let her go?" Jimbo broke the silence.
"No one opposes? All right then, it's. . .

"I don't know too much about these things," came a hesitant
voice from the back of the group. Everyone turned around to look
at the young graduate student, Holly Preston, who had spoken.

In a voice getting stronger all the time, she continued,
"As I say, I don't know much about this, but I thought when
someone was fired that there had to be cause. That is, that they
were not doing their job properly or whatever.

"Since I've been in the department, I have been impressed
with Diana Trenchant's hard work and knowledge. I've gone
to her often for help. What reason will you give for firing her,
Dr. Jones?"

A taut silence descended upon the room like a malignant fog.
Then, an angry, red-faced Jimbo Jones glared at Holly, declared the
action tabled and adjourned the meeting. The NERD faculty Judas goats
shuffled out sheepishly, having been well and truly sheared by a lamb.




Chapter 2


VP Henry Tarbuck closed the file folder then shifted his bulk
to place it on a nearby table. His expensive chair started to
groan in protest then as if remembering how much it cost,
only murmured quietly. "We must be careful that this hearing gives
all the appearances of being completely fair, especially after
the disaster in Lyle's office."

Jonathan leaned forward and deposited his now empty cup on the
stand beside him. "Yes, I heard about Lyle bungling that one.
First he yelled at her so loudly that the secretaries in the outer
office left in embarrassment and then was stupid enough to tell her
in front of witnesses that the hearing panel was only a formality
and that she would be terminated anyway."

The VP shrugged, obviously irritated. "Admittedly, he pushed
too hard. It came as a shock to him that she would refuse his
demand that she resign. He lost his cool and tried to bully her
into it. He's new to this, taking over as he did such a relatively
short time ago from Jimbo."

"Well it does appear that he had problems with her. I do see
that she appears to have a propensity for causing discomfort,
but other women, and men too for that matter, have been troublesome.
Why the excessive anger toward her?"

"First off, Jonathan, the anger is not excessive, it is justified,"
Henry retorted testily. "Yes, we've had critics, annoying critics,
but when we offered them some redress, they were grateful. She,
on the other hand, considered every concession we made as
`a day late and a dollar short'--utterly maddening!
And what really frosts everyone's ass is that she is just
as recalcitrant when she argues on behalf of someone else.
Who the hell is she to care if someone feels unfairly treated by us?"

"Well, of course I'm still using the only frame of reference
that I have which is her personnel file and from what I can see she
was as much `sinned against as sinner'."

"That might have some validity up to the point where she openly
and publicly challenged the president of this university,"
retorted Henry waving the file he was holding in Jonathan's
face for emphasis, "but not anymore."

"You mean she picked on The Pope, Henry?"




Chapter 3


John T. Pope had been president of Belmont University for
nearly twelve years. Because of his belief in his own
infallibility, he soon became referred to as The Pope.
He greatly increased the senior administrative staff
which now occupied one whole wing of the administration building.
This wing was known as the Vatican and when a person spoke of
kissing the Pope's ring, it was well understood what part
of the Pope's anatomy they were referring to. The slew
of vice presidents, associate vp's and assistant vp's
around the president were soon called the Vee's. Most people
believed Vee was short for vice president but insiders knew
it really stood for vestigial virgins.

He located the personnel office close by the Vatican. It was
the administration's muscle and the buffer between it and the
so-called support staff. Patterned after the military, it was
directed by, and key positions held by former military men.
The military analogy persists throughout the university structure.
Upper administration and faculty are designated as officers.

In order to insure staff cooperation, President Pope
had created a company union called the Staff Association.
To keep tabs on the members, he appointed the director
of personnel an ex-officio member. The current director,
Greg Harrison, attended every meeting, answered questions,
directed staff activities and channeled them into acceptable areas.


"Yes, I do," Henry continued glowering. "A year after Trenchant
got on the Staff Association, she was elected its chair and that body
turned from being a very convenient rubber stamp into a cohesive,
confrontational group of people. She was reelected unanimously
for a second term and during those two years she managed to upset
nearly everybody in the Vatican--especially, The Pope. It seems,
from what I was told when I was appointed academic vp, that during
this time a great deal of energy was directed toward damage control.

"Nothing worked with her. All the tried and true methods of threat
or blandishment had no affect. She didn't seem to notice
or understand that if she played ball she would become more
important than the staff she represented.

"She and the Staff Association encouraged the rest of the
staff to bring problems to their office. We had almost daily calls
from the Attorney General's Office because she advised women to
make complaints if they were discriminated against or harassed.
She even boxed in Mark, the university attorney, and just four
years ago, she made a shambles of personnel by kicking Greg,
the director, out of the Staff Association.

"And that's not all. Under her direction, the Staff Association
started to by-pass personnel altogether. They investigated several
grievances and represented the grievers they felt were abused by the system.

"They started a staff newsletter to inform everyone about their rights--
especially concerning sex discrimination and sexual harassment.
The staff was told to stay away from the affirmative action office,
which was described as a tool of the personnel department,
and take their complaints directly to the Attorney General--
they even printed her phone number, for Christ's sake. . . .
"Trenchant and a committee met with a federal EEOC investigator.
He was presented with a list of staff and faculty positions
with a notation of the total number and how many were held by women.
The investigator was here to make sure the university was in compliance
for a million dollar federal research grant."

Surprise suffused Jonathan's face. "How did she get that information, Henry?
I thought that was one of our better kept secrets."

The Vee exploded. "We were exceedingly careful never to publish
anything like that. Members of the Staff Association went through
the campus directory to compile the list. Took a lot of time,
but they kept at it."

"Sonofabitch!"

"Yeah," agreed Henry. Lyle gave her a faculty appointment to get
her out of staff politics. He had her teaching every semester with
the hope that she'd be too busy to cause anymore trouble.
Next thing we know, she's threatening to sue the NERD for plagiarism.
You know the rest and we have just time enough to get ready.
Use the facilities if you need to." He pointed in the direction
of an adjoining washroom, then opened a closet door and removed his cap
and gown which he laid across the table. Jonathan opened the case
he had brought with him.

As both men donned their robes, Jonathan asked, "why is the
Trenchant hearing being held so soon after graduation?"

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