Book: Wild Justice

R >> Ruth M. Sprague >> Wild Justice




"No."

At this juncture, Esther, not to be outdone asked if the
difficulty had anything to do with her ability to teach.

Jimbo replied that her ability to teach had never been in question.
He also confirmed, much to Henry's chagrin, that Diana had worn a
brace on her wrist in December but could not remember exactly when.

Since he had been commandeered to help in the radiology lab
after Diana left the course, he was asked how the medical
students responded that year. His answer indicated that
he believed the students generally liked the lab portion.
He also disclosed that the lab had not changed at all from
what had been taught in previous years.

Not bloody likely, thought Diana, since they copied most of the
material from my manual that they were expressly forbidden to use. . .
the manual that was so successful in the course for the previous two years.

When Jimbo declared that the year Diana didn't teach, the course content was
no different from the previous year, Henry tried to hurry him out the door.
He recalled all the testimony from the NERD people insisting that things
were much different and much improved after Diana left the course.

Before he could, Diana said, "I have one question, Jimbo.
We taught that lab together for many years when you were
chair of NERD. During that time, it was my impression that
each year's class could differ immensely from the previous year.
Specifically, one year, the class would like the way the course
was run, then the next year's class would hate it. Do you agree?"

"Yes, wholeheartedly, absolutely."

"Thank you."

Henry walked Jimbo out of the hearing room wishing fervently
that he had never asked him to testify. What a mess, but hopefully
Lyle could fix it.




Chapter 25


Ann Biggot was a crawling morass of nerves. As she explained to the panel,
it was not really fear of retribution for what she might say, it was fear
that she might be understood incorrectly and that would harm either her
chairman or Diana. She was overwhelmed, she exclaimed, ". . .because I
heard that this is the first Termination for Cause Hearing ever held
in Belmont!"

What an airhead, Henry thought. She swings so widely back and forth
that her testimony is generally contradictory and always rambling.
When she criticizes Lyle, in answer to a question from the panel,
she, in nearly the same breath, praises him on a totally unrelated issue.

Lord protect me from these dithering female types, he implored,
raising his eyes toward the ceiling. He looked back at the
witness critically. She's held her own in the looks department
for a woman of her age, he decided, but has let herself go to fat somewhat.
Must be, from the looks of her about ten years or so younger than Diana.
Well, Lyle thinks she loyal to him and that's what counts here.

Ann would not confirm her niece's testimony. Andrea had said
her aunt thought that the excessive course load given Diana by Lyle
was an attempt to break her spirit or drive her from the department.
Ann declared that she, "could not remember saying that. It is possible
that was what Andrea understood me to say."

When asked directly if there was sex discrimination in the department,
she said that in the past, she had felt some discrimination because of sex,
but she knew now that this was not the case. She gave several reasons why
she was not treated the same or paid as much as the males in the department.

"It probably was because my research is so much different from the rest or
because Lyle was new in the position and didn't realize what he was saying."

Jane felt anger toward Ann as she listened. She had asked around
for information about her when she knew Ann would be testifying.
Ann, of all people, knew what the situation truly was because Lyle
had named her as the department Affirmative Action representative.
Reflecting on the efficacy of the AA program, Jane knew that Belmont,
like most universities around the country, had continued problems
with grant procurement due to being out of compliance with the laws
concerning discrimination and harassment. To counter this, or rather,
to nip any potential problems in the bud, the administration created
a setup whereby every department had an appointed representative
for Affirmative Action.

All complaints had to be brought to this person. At NERD,
this was Ann--who in turn took them to the department chair.
A case of the proverbial fox guarding the chickens, Jane thought wryly.

The complaints and the person complaining, the complainant,
were "handled" by a special administrative flunky. It was made
crystal clear that problems would increase if one pursued a complaint.
Faculty women on tenure track were especially vulnerable to these
kinds of threats.

If the charge was serious and the complainant had evidence
and witnesses, and could not be persuaded to drop the charges,
the common practice was to transfer the complainant to another
department. No one could ever remember a male at Belmont being
punished, transferred or discharged for discrimination or harassment.

Jane knew that Ann had heard complaints--from women in the department
and from medical students who had suffered discrimination and harassment.
She shook her head sadly, wondering what she would have done in
similar circumstances. Would she also chose not to reveal the
truth to the committee, fearing reprisals?

In response to several other questions posed by the panel,
Ann Biggot proclaimed that she had no fear of reprisal for her
testimony, but every so often a Freudian slip would break out
from her careful answers. She was confirming a question from
Diana concerning how both of them were often overlooked when
departmental journals were circulated. "If I didn't get a
journal, I would just take it out of someone else's box," she
said angrily, then with a guilty expression, "Maybe I won't
be working there next week."

Jane asked, "Does he customarily yell or get angry at people?"

Avoiding the question, Ann replied, "The biggest problem
with him is getting him to put his answers down in writing."

She did, however, confirm that she had been asked to testify
by Diana and had begged off. "Not really because of losing my
job. . .it was just that it was so serious a charge. . ."

Ann amply substantiated what Diana had already testified to
regarding her many attempts to communicate with Lyle and
establish a better relationship. She was also generous
with her assertion that Diana was a totally honest person.

"We have had problems sometimes working together, but the
one thing I was sure of was her absolute, utter honesty.
This charge came as a horrible shock to me, and that is the truth.

"To give you an idea of how much I trust her, there are two people
in the department that I would feel right about leaving alone
in my office and she was one of them. I wouldn't even trust Lyle."

Throughout the testimony of this witness, the panel continually
interrupted the cross examinations of Diana. This happened
at especially crucial times when important evidence was
on the verge of being brought out or confirmed. One time,
to the chagrin of Henry and Frank, it worked in Trenchant's favor.

Henry had interrupted to ask Ann about a rather damning quote
attributed to her by Lyle which appeared on Diana's yearly
Reappointment Appraisal Sheet. It read, "I believe that she
(Diana) is completely ineffective in the summer medical
nutrition course and should be replaced."

Ann was adamant that she had not said that. Instead, she insisted,
"When the chairman came to me for my input on your appraisal,
I told him what you had told me," directing her answer at Diana,
"which was that you felt ineffective. I told him that I
thought you had tried desperately hard to learn this material.
I said to him that you were working assiduously and trying
unremittingly but that you and I both felt that you needed
at least another year of study to be really proficient."

On hearing this, Jane blanched with shock. Here was information
that Lyle had falsified a senior faculty person's (Ann) appraisal
on the reappointment papers of Diana. Anuse interrupted Diana's
questioning and attempted to gloss over the damning admission.
He suggested that it was just a misunderstanding in terms.

It didn't work because Ann was angry that her honest comments
regarding the teaching effectiveness of Diana had been misconstrued
in a way that was completely false and she made that clear to Anuse
in no uncertain terms.

After finishing off Anuse, she turned to Diana and said,
"For you to come into the summer course with no training at all,
at the age of 57, and be trained to teach nutrition. . .for you
to undertake such an endeavor amazed me. I made it clear to Lyle
that she needed more time, perhaps one more summer to be
an effective teacher--not what he quoted me as saying!"

Now the chair stepped in and advised that this was getting
way off the subject they were there to discuss, but the panel,
except for Anuse, wanted to hear more and Ann, still angry
at the way she had been misquoted, obliged them.

". . .and the teaching load put on her. It was a horrible
thing to ask somebody to do--seven labs in a week plus
directing the radiology lab during the first semester.
In the past, these labs were distributed among the graduate
students and to ask one person to do that, I thought was. . .

"Remember," turning again to address Diana. "I told you it
was a terrible stress for you to undergo and that if I were
subjected to that, I couldn't do it."

Directing her remarks back to the panel, she continued.
"I know, because at one point in my life, I taught five courses
at one time and I went about bananas after two years;
I had to quit because of the stress."

Henry interrupted decisively this time and announce a recess.
The testimony of his witness was getting entirely to sympathetic
toward Diana and he wanted no more references to Lyle's creative
editing of Ann's comments on the employee appraisal form.
Falsifying employee reappointment forms was a real no-no,
especially now with the union breathing down our necks, he thought.




Chapter 26


Already in evidence and on the record was the incident of Lyle's
tampering with one of the so-called suspicious SmurFFs by stapling
a note written by Diana to it. Now there was testimony that he had
falsified a comment by one of the senior faculty which appeared on an
appraisal form. One more example of evidence-tampering was still to come.

When the hearing reconvened, Jane interrupted. "One moment before
we go on to the next witness. A point of clarification. From what
I heard a little while ago, I think Diana believes that we send the
president the recommendation of this committee. Now, my understanding
was that we do not make a recommendation, we make a report of our findings."

"That is correct. We are only going to write a report.
We don't make recommendations. We only make a report of the
hearing. That's all we are looking at," Henry said frantically.
Damn and blast, how did she get on to that and why didn't I pick up on it.
I shudder to think what those dingy women would do if they knew that when
my report for this committee comes out, it will find the entire panel
has made a recommendation that is unanimous and it is for termination.

The hearing was about completed. Henry could feel the relief
flooding through him like a torrent. Full of great expectations,
he announced that Lyle would be the next witness and "all these
little misunderstandings will be cleared up." True to form,
like a well rehearsed circus act, the performance that followed
went off like greased lightning. Henry allowed neither the other
members of the panel nor Diana to clutter it up.

First the clarification of number of `suspicious' SmurFFs found,
when they were found and who found them. This time, Lyle looking
confident and well coached, consulted his crib sheet and gave the
answer without circumlocution.

Looking both eager and willing to help out as best he could,
Lyle earnestly spoke his piece. "After checking with Mark who had
the date in the files, we found that the material was sent to the
analyst in the fall of last year. There were originally three
that Randy and Ian had given him, not two as he had said in his
previous testimony. I can't think why I said two, of course,
I meant three."

"Jimbo had found and sent him the two `suspicious' nursing
nutrition SmurFFs." To prove this, he conveniently produced
a covering letter, which the chair put into evidence, that
expressly said that. ". . .and, it is dated and signed by Jimbo.

"Most certainly," Lyle continued, "I never knew that Diana
had copyrighted the radiology manual and most certainly,
Ian and Randy did not copy from it. That is ridiculous."

His pious account of the meeting with Diana in his office when
he told her of the document examiners findings, was ingenious.
He claimed to have been devastated at having to do that to an employee.
He had behaved with loving kindness throughout the "very painful interview.

"Of course no one in the department or among the medical students
would be afraid to come and testify. Perish the thought.

"I must have been misunderstood before when the panel got the
impression that ALL the critiques were good in this last year
when Diana did not teach. I thought I had made it clear that
it was Ian's SmurFFs that had improved markedly."

Still, Jane noted. He did not produce them for the panel
to confirm his testimony and the chair, despite the request
of Diana that they be solicited, did not ask for them.

When Henry hesitated, Trenchant reminded Lyle that student's likes
and dislikes of an instructor could vary wildly from year to year.
"Remember how great your SmurFFs were in the nursing course
three years ago?" She said. "Then the very next year, they were the pits.
Isn't that correct?"

Lyle reluctantly agreed that it was and Henry quickly took back
the questioning to bring Lyle to the crowning touch of his testimony
before Trenchant could further discredit him. Henry asked if he
thought Diana was unable to write because of an injured wrist during
the December last evaluation period. Proudly, Lyle presented two
original handwritten documents. "Both of these," he claimed,
"were written by Diana and I found them in my files."

"This one is dated in mid December, at the time she claims
she could not write," he smirked triumphantly at Diana.

"Did you write that?" Henry demanded of Diana, looking smug
and terribly well pleased with the way things were going.

"Yes, I did, but not in December. I wrote that after
returning from Christmas\New Year's vacation in January before
the classes started. This note refers to equipment I would
require for the room I was assigned to teach in during the winter
semester. I was not assigned that room until I returned from
vacation in January so I wouldn't be writing anything about
fixtures in December. This is a fact that can be verified.

"Look at this. Trenchant held up the paper for the panel to see.
"The right hand corner has been torn off where I put the date
which would be in January. The date written on this note is
at the bottom and was written in by Lyle. The ink used is
entirely different for the date than for the rest of the note
and I recognize the way he makes sevens with the slash."

"Well, yes." Lyle allowed, showing some discomfort, he had
written that date in because the note wasn't dated and he put
the date on when he received it and that was in December.
He said nothing about the torn corner and looked very anxious.

"Well I kept a copy of this note which I can bring in showing
the date to be where this piece was torn off and that date will
be in January." Trenchant announced, turning to the committee members.
"Once more, evidence in this hearing has been tampered with."

"It won't be necessary to see your copy," Henry ruled, hastily.
"I'm sure this is just a difference that occurs where each person
remembers the date a bit differently. There is no attempt to tamper here. . ."




Chapter 27


Henry nervously dismissed Lyle and directed the committee's
attention toward Diana to distract them from further questioning.
"We have finished with the witnesses in this hearing.
If you have a brief summation or anything you want to say in closing,
we will hear it, go ahead," he ordered. "First, however, you and
the stenographer may take a break while the panel confers."


Instead of leaving after he had finished testifying,
Jimbo Jones had gone back to the waiting room to pick up
his belongings. Except for Jonathan, the room was empty
of people now that the hearing was winding down.

"Hello, how goes it," Jonathan greeted him. He had been
making himself available in the committee waiting room a few
hours every day as Henry had ordered. This was so it would
appear that Trenchant had the availability of counsel from
the ombudsman if the matter ever came up.

"Not bad. Henry seems a mite wound up though. Can't understand why.
The whole academic council decided to terminate her, what is he getting
all haired out about?"

"As I understand it," Jonathan offered, leaning toward Jimbo
and lowering his voice into a conspiratorial, confidential tone,
Trenchant has managed to bring forth a good defense and has the
hearing panel pretty well divided. Only Frank Anuse is going
along with Henry. The women are looking at the evidence and they
aren't convinced. Jane confided in me during the last break that
she thought it was possible that Trenchant had been framed."

"What the hell would give her that idea," grinned Jimbo, with a sly wink.

"Quiet, keep your voice down." Jonathan moved away from
Jimbo and closed the hearing room door. "Well, for one thing,
one of the SmurFFs you found was evidently written by a student.
She came forward and identified it. That really casts doubt on
the ability of the document examiners."

"One I found? I just don't understand all this. Everyone keeps
telling me that I found some SmurFFs in my course. Lyle, Henry, Mark
and now you. I don't remember it and I told the panel that just
a few minutes ago."

"You told the panel that? Good God, Jimbo, Henry was
depending on you to confirm that you had found them.
Lyle is probably showing them the note you wrote right now."

"Come off it, Jonathan. Lyle didn't say anything about lying
to the panel and it was that cute Janie babe that asked.
If Trenchant had asked the question, I would have said that I
had found them. No problem. All Lyle asked me to do was write
and date the note last year sometime. Nobody asked me about that."

Thank heavens, thought Jonathan. Aloud, he said, "You'd better
keep that under your hat, Jimbo. From what Jane tells me,
Lyle has been pretty creative with the evidence already."

"So what?" Jimbo replied, expansively. "That's his part of
the scheme. After all, he's the one that wants to get rid of her."

"Yes, you're right, but be careful about saying things like that.
You never know who will hear and try to make something of it.
Oh, by the way, did you hear that Kate left Henry? He said she
was gone when he got home last night--just left him a note."

"No shit. Who'd she catch him doin' it with?"

"Well from what I hear. . ."

The two men gossiped cozily until the members of the panel
arrived to announce that the hearing had ended.


"Proceed with your summary," Henry commanded indifferently
when everyone was back in place at the table.

Diana Trenchant finished making a note and then said, "Yes,
I have some closing words, but first, I want to point out that
I was given no opportunity to present rebuttal witness as you did."

Anuse shifted in his seat, then carefully and slowly, as if
he were speaking to a retarded person, said, "You misunderstand.
They were not rebuttal witnesses. We had them come to clarify
things that your witnesses said."

Bull! thought Diana. Aloud, she continued, "They contradicted
some of my evidence and I was not given a chance to CLARIFY
their testimony with my witnesses."

What is she trying to pull now, Henry moaned to himself,
but much to his surprise, Diana pulled her notes in front
of her and began her closing remarks.

"Now, for the first charge--that I created false SmurFFs.
I have shown that the document examiner erred regarding the
`suspect' SmurFFs they examined. One, at least, was a recognized
student written evaluation. Therefore, their opinion on all
of the documents is open to question. Several witnesses have
testified as to the wrist injury I sustained, showing that I could not
have written the two SmurFFs Lyle said he found in the course last year.

"Also, the `suspect' SmurFFs from previous years are highly dubious
as evidence of anything. They are not dated and there has been
no discernible chain of custody established. Ian could not even
identify them and disagreed with Randy that they were somehow different
from the rest of the evaluations received.

"I remind you again that document examiners are not
infallible and that only a couple of small examples of
my handwriting were submitted to them that were NOT copies.
We have just seen that Lyle had other examples of original writing
of mine. Why didn't they submit original writing as standards
or better yet, authenticate the standards by having them written
in the presence of the document examiner?

"In point of fact, none of the writing used as standards
were authenticated and this makes them moot.

"The second charge, that I submitted these `suspect' documents
as student SmurFFs, is unproven. That is because none of the
student SmurFFs for those years in question can be validated.
This is because of the way the evaluation process is administered.
Therefore, a chain of custody for the so-called suspicious SmurFF's
was not and cannot be established.

"In the 25 years that I have worked at this university, I have never
been accused of dishonesty. My work has not been criticized.
My teaching ability has always been praised. The biggest criticism
that I have received is that I am at times abrasive.

"You have heard enough to form the obvious conclusion about
how I was treated in the department and how heavy my teaching
load was. I hope you will pay attention to the fact that right
here under oath, Lyle, the person who has made these charges
against me, has tampered with the evidence three times."

Jane was impressed. She's right. He attached a note written
by Diana to one of the suspicious SmurFFs; detrimentally misquoted
Ann's evaluation of Diana's performance on promotion sheets
and now this last note which very obviously has a large piece
torn off from the corner. He must have been told they needed
proof that she could write during that time so he tore off
the real date and wrote in one in December. What a scumball.

Diana continued, "I want to thank you all very much for the
opportunity to finally respond and disprove these outrageous
charges. Thank you."

Before Henry could speak, Jane said, "Diana, I was interested
in what you had to say about the F.B.I. and the information regarding
document examination. Is there something further that you would suggest
we look at?"

"Yes. You should research this so-called science or art as I did.
Read about the Hitler Diaries and the White Salamander Papers.
Learn why authenticated, original standards are important. . .

"I also again request that you procure the SmurFFs for the
radiology instructors and course given last year and see how
the testimony you have just heard has misrepresented them."

"Is that it then?" Henry could just barely keep the ugliness
he felt out of his voice.

At Diana's nod, Henry said, "We must end this. I don't think
we'll need any further hearings," said Henry, stacking up his pile
of files and papers and preparing to stand up. "You will hear from us
as soon as possible. Perhaps as soon as two weeks. Certainly no longer
than a month. We will have our report for you and the president then."

That was mid-June.





ACADEMIC JUSTICE



Chapter 28


It is the first of July. The committee has met two times
since the hearing ended. The first time, the split was three
to two. The three women were resolute that there was not
enough evidence to believe that Diana had written the documents.
They did not put much credence into the report of the document
examiner and they didn't believe Lyle.

Henry could not and would not agree to write the report
announcing this to The Pope. His instructions were clear
--get Trenchant. Seeking distance, he suggested that they should,
in any event, wait for the complete transcript of the hearing.
When that had arrived and everyone had refreshed their memories,
they would hold another meeting.

The second meeting, held two weeks later, lasted four hours.
By the end of the session, everyone was tired and angry
and no one had moved from their original position.
It was a battle of the transcript. Not only had Anuse
and Henry burned the midnight oil preparing for the meeting
with suitable quotes from the transcript, but the same
could be said of Jane, Esther and Annette.

Copyright (c) 2007. knowncrafts.net. All rights reserved.