This is a grievance of:
Robert Hubert Williams, Plaintiff
vs.
Clinton Community College,
Defendant
Dr. Carol Eaton, President,
Defendant
Dr. James Brazil, Academic Dean,
Defendant
Holly Sims, Business Division
Coordinator, Defendant
Dr. Agnes Pearle, Defendant
This
grievance is for the firing of me on March 7, 2001 in direct violation of the
contract between the Faculty Association and Clinton Community College. Wording is consistent with legal language in
use for compensation in settling disputes.
I am currently asking that my job and the regular courses I teach be
reinstated and that I be compensated for any lost work due to this illegal
firing. I had normally taught 9 credits
in each of the regular academic semesters, 6 credits during the summer
sessions, and 3 credits during the winter sessions.
The
Plaintiff had been hired by the Defendant in 1993 through the Continuing
Education Department to teach ACCREDITED classes. His evaluations and work history reflect this fact. His evaluations as a teacher have an
astounding record of student evaluations which more than 95% state he is above
‘satisfactory’ performance, i.e. ‘good’ or ‘excellent’ and less than 3% rated
him as ‘fair’ or ‘poor’ in the performance of his duties. On Wednesday, March 7, 2001 Plaintiff was
informed by the Defendant Holly Sims that his services for teaching were no
longer required for teaching his usual assigned accredited classes for the
Summer and Autumn 2001 sessions, no reason was given. The Plaintiff alleges that the Defendants ‘fired’ him because
of his exercise of his Free Speech and Labor rights Plaintiff has under various
United States Statutes and Codes, his academic freedom guaranteed under his
collective bargaining agreement, his right to research and publish that
research also granted under the collective bargaining agreement, and his
exercise of his rights under the Defendants’ own rules and regulations.
On
November 7, 2000 the Plaintiff was called into the office of Defendant Dr.
James Brazil and was told to remove any and all material dealing with Mars,
NASA and personal opinions related to Flying Saucers, Extraterrestrial
Intelligence whether sponsored by NASA, or not, and all other ‘personal’ items
from his campus website; and to also cease and desist in using ANY such
material as examples within the classroom.
Plaintiff asked about which specific pages there was a problem with
since there was a very large volume of data on the website, including
PUBLICATION of Plaintiff’s own FOIA request that had been granted the ‘auspices
of the College through the Continuing Education Department’ signed by President
Carol Eaton, Defendant. Defendant Dr.
James Brazil told the Plaintiff that he “didn’t know anything about that.” The Plaintiff then explained that the Mars
pages were for showing not only the scientific relevance of Mars but also the
artistic aspect of the Martian Topography by displaying selected portions of
the Mars MGS data as examples within the classroom for using the Microcomputer
for not only scientific, but to artistically empower the student to use the
tool for fun and appreciation of the world around us. Plaintiff also expressed that some of the Mars stuff was also
related to his participation in the campus-wide college sponsored ‘Diversity
Celebration’ and had been part of his over-booked presentation. Plaintiff explained that one of the Mars pages
was when he had the honor, privilege and good fortune to speak with First Lady
Hillary Clinton to help with the public release of Mars images when she visited
the campus the previous semester. And
that on that page was his thanks to her for her actually doing something to
promote the release of those images within 36 hours of meeting with her and
asking for her help. The Defendant Dr. James Brazil said he “didn’t know
anything about that.” Plaintiff
explained that the Flying Saucer pages were mainly coverage of the
collaborative effort the Plaintiff undertook with the Clinton Community College
Student Senate, the Plattsburgh State Student Association, and local community
employer Bombardier Corp. in bringing former NASA Nuclear Physicist Stanton
Friedman to the Plattsburgh area for two lectures and the press coverage given
the event by the COMMUNITY newspaper Plattsburgh Press Republican. The Defendant Dr. James Brazil said he
“didn’t know anything about that.” The
Plaintiff explained that the website was a result of six years of previous work
which was the ONLY ‘Internet’ classroom experience the campus had for 4
semesters BEFORE the campus actually
even HAD Internet access. The Defendant
Dr. James Brazil said he “didn’t know anything about that.” The Plaintiff asked if using names like Neil
Armstrong and John Glenn as examples in problems rather than Jane or John Doe
weren’t an academic freedom issue that it was Plaintiff’s right to
determine. The Plaintiff then asked
Defendant Dr. James Brazil to provide him with a list of specific pages that
the administration, or any committee that Plaintiff could address, had a
problem with since many of the things being asked to be removed were LEGITIMATE
historical campus activities sanctioned by the college that the Plaintiff had
participated in as an employee teaching accredited classes, or organized for
the benefit of the students and the community as per the college’s charter and
mission goals. Defendant Dr. James Brazil then told Plaintiff “I’m serious about this and not fooling
around. I want the website material
removed and for you to cease using ANY Mars, NASA, or ET examples within the
classroom.”
At this point that
November 7, 2000 meeting broke up and the Plaintiff left the Vice President for
Academic Affairs office confused and thinking that Defendant Dr. James Brazil
had not even bothered to look at the site in question BEFORE calling him into
the office because the FOIA page was a prominent link, the First Lady’s Visit
was a prominent link, as was the Mars Topographical Art Gallery and the Stanton
Friedman visit collaborative effort with the college’s own Student Senate, the
Plattsburgh State Student Association and Bombardier Corp. All these were LEGITIMATE college sponsored
and approved events that the Plaintiff had either participated in or organized
as part of the normal employee actions of a teacher of accredited classes at
the college.
The Plaintiff went
down the hall hauling his rolling-valise down to the elevator thinking that he
had a copy of the FOIA to NASA in there that he could at least give Defendant
Dr. James Brazil so that he would at least be aware, since he had indicated he
wasn’t aware of it, that Defendant President Carol Eaton had signed a statement
agreeing that Plaintiff had the right to file this FOIA with NASA through the
college. As the Plaintiff walked back
into the outer office of the Defendant Dr. James Brazil he spotted him talking
to Defendant Dr. Agnes Pearle and was saying “ …and he wanted a list of which
pages you wanted removed from the website.”
Defendant Dr. James Brazil’s was facing south behind the already open
door and Defendant Dr. Agnes Pearle was facing north also standing behind the
door as the Plaintiff handed Defendant Dr. James Brazil a copy of the FOIA with
Defendant President Carol Eaton’s signature and stated “Here’s a copy of that
FOIA you said you didn’t know anything about.”
The Plaintiff then turned and exited immediately returning to his shared
office on the 5th floor.
At no time has the
Plaintiff had any further face to face discussions over this issue with
Defendant Dr. James Brazil or Defendant Dr. Agnes Pearle. Plaintiff did personally see and say hello
to Defendant Dr. James Brazil on two occasions about a week apart in the 1st
floor hallway and 3rd floor stairwell saying “hello” each time AFTER
a January 15, 2001 deadline, which was later agreed to following correspondence
which is outlined next, and BEFORE the February 5, 2001 date when Defendant Dr.
James Brazil ordered Andrew Hersh-Tutor, Associate Dean for LRC/NIS that the new
and revised website, that Plaintiff had undertaken to change to comply with the
part of the request made by Defendant Dr. James Brazil to remove all “personal
material”, be removed completely after receiving one email the college received
from Mr. Al Staley of Belle Vernon, PA.
Plaintiff had
originally been given only six days to re-do a website that had taken 6 years
to put together but was given an extension to January 15, 2001 to remove
‘personal material’. At no time has Plaintiff been allowed to address any
‘committee’ which might oversee these issues despite asking to in that November
meeting. Nor has Plaintiff been given a
copy of the policy that the site may be in violation of since there is no set
policy on this matter. Plaintiff’s
research into the Mars Global Surveyor spacecraft is an in-class example of
using microcomputers for self-expression, scientific investigation, virtual
reality modeling, internet research, artistic expression and appreciation,
historical appreciation of our Nation’s history in space exploration and as an
exercise in critical thinking skills.
The computer class Plaintiff teaches is a ‘general education’ computer
class that is the ONLY computer class many students at CCC will receive in
their degree programs for those students in programs such as Criminal Justice,
Humanities, and Social Sciences. It is
therefore vitally important, in Plaintiff’s exercise of academic freedom, that
students be exposed to using the microcomputer for a very wide variety of tasks
and usage with a wide variety of issues.
This is a COMMUNITY college and as stated in the CCC’s Mission: “The College is also committed to provide a
wide range of courses, workshops, and seminars appropriate for job skills
development, leisure time activities, and healthful living, as well as
opportunities for community enrichment.”
The FOIA to NASA
also has the signatory endorsement of a PSUC Board of Director member and
Chairperson of the Community/ Government Relations Committee Donald Garrant;
another native born community member who has been a leader in this community
for much of his career as a local political figure. PSUC alumni member N.Y. Congressman Weiner also endorsed the FOIA
and has already taken action by calling NASA and supporting the FOIA initiative. Plaintiff also has a $55,000 grant
application currently pending with NASA co-sponsored by the Geography
Chairperson of PSUC, Dr. John Moravick, to investigate a Martian Cydonia
feature that Plaintiff found, and may receive international credit in finding
first, which very well may prove that Mars is currently highly geologically
active now on, and under, its surface.
All of this is used as an example using the microcomputer for the
scientific investigation by data acquisition, data transformation, interpretation,
and Internet presentation; and in the requesting for more accurate and complete
data before any final results can be said to be conclusive by applying the
critical thinking skills Plaintiff strives to teach within his class. To NOT be allowed to display this history,
community activity and involvement on his faculty web page is a direct
violation of Article VI of the contract and the College’s mission for community
enrichment.
The lack of the
ability to publish his results via his faculty web page has hurt Plaintiff’s
ability to research, investigate, and to disseminate the scientific data and to
corroborate and coordinate research on
this issue in direct violation of Article VI and may very well cause NASA to
not fund the $55,000 grant requested from NASA to study this feature, thus
hurting the Plaintiff financially, personally and professionally.
In reviewing the
concerns Defendant Dr. James Brazil expressed to Plaintiff, whether they were
Defendant Dr. James Brazil’s original idea or not, Plaintiff decided to meet
the requirements well more than half-way by removing ALL personal items and
‘controversial’ editorial comment that had been posted on the website before
the January 15, 2001 deadline. Plaintiff
redesigned the site removing all his ‘personal’ poetry, original music
compositions, his original photographs and computer art; despite that same
material being used in the CCC sponsored Talent Show and the CCC Diversity
Celebration. To NOT be allowed to
include such material as part of the CCC’s official faculty website indicates,
in the Plaintiff’s opinion, to the local Plattsburgh and Clinton County
Community that CCC is NOT proud and supportive of the Talent Show, nor of the
Diversity Celebration, nor of bringing experts in their fields to the campus
and community to speak and enrich the lives of our community. That is a clear violation of CCC’s mission
as outlined above and also a clear violation of Article VI section 4 of the
collective bargaining agreement.
After changing the website to be more clearly educationally focused and less ‘editorialized’, Plaintiff saw Defendant Dr. James Brazil twice, in two different weeks, and both times Plaintiff was cordial and said hello, and was responded with the same. At NO TIME in the 3 weeks from January 15, 2001 until the site was removed on Monday February 5, 2001 after CCC received ONE email from a disgruntled Bulletin Board Service (BBS) poster who does NOT live within the community, did Defendant Dr. James Brazil indicate to Plaintiff that the redesigned website did not meet Defendant’s requirements, or that Defendant was unhappy with the modifications Plaintiff had made. Plaintiff presumed Defendant was competent enough in his job (for the amount of money he receives in yearly salary) that if he gave a deadline for a project to be done, he would have checked on the progress of that project, at least within a day or two of the deadline, to make sure the project, or order, had been complied with. Plaintiff also believed this especially after seeing Defendant Dr. James Brazil in the hallways. Removing a faculty member’s website completely is NOT a trivial thing; especially since Plaintiff had all these other official research things going on with it and using it for various in-class examples.
Plaintiff also alleges that in the winter session of 2001 his 3 credit class was only given ~2/3 of the required number of minutes a 3 credit class is required by law to have by the Defendant. This shortening of time for 3 credit classes is a direct, clear, and severe violation of NYS Education Law and inhibited and put severe stress on the Plaintiff, and the students, in conducting the class to cover all the required material in the shortened time allotted, in addition to the stress caused by the website issue. This added stress was unneeded, unwarranted and also in direct conflict with Plaintiff’s medical condition which was known to the Defendant CCC at the time of hiring in 1993, and was in his personnel file; which has resulted in a negative effect on Plaintiff’s health with weight loss, loss of appetite and loss of restful sleep, and extreme emotional distress.
The Defendant’s decision to not allow the Plaintiff to teach any more of his normal accredited classes, despite having more seniority than any other current qualified adjunct employee in the division ( 8 years ), has put a severe financial hardship on his household and his personal and professional life and also has added more stress into a life where the Plaintiff is supposed to avoid such stress. The Plaintiff had been teaching at the college for 8 years without such stress in the past. The Defendant had not supplied a specific reason, and from this whole episode with the website issue, the Plaintiff feels that the paper trail of memos, the timing of events, and the manner in which these events have unfolded; that the real reason the Plaintiff is being fired from teaching accredited classes is because of the website and any other ‘excuse’ the Defendant may put forward as a response to this suit is as much a ‘smoke screen’ as the vapor coming from the Martian Cydonia landform feature the Plaintiff is investigating and researching as an example of using the microcomputer in scientific appreciation, artistic appreciation, historical appreciation and other applications for class examples in exercising his rights for academic freedom, as a research subject allowed by the collective bargaining agreement, and as a subject to fulfill the Defendants’ own Missions and Goals using the Plaintiff’s right to Free Speech. For the Defendants’ to say that the Plaintiff has to use names like John and Jane Doe instead of historically significant names like Neil Armstrong and John Glenn is simply ludicrous and intentionally vicious persecution that is unwarranted; especially since the Defendant had promised the Plaintiff the ‘kindly protection’ of the college with respect to this issue and through their actions the Defendants have made a mockery of their own Mission Statement and Goals along with their own General Education Policy Statements.
The Plaintiff asks
that you find in his favor and direct Defendants be held accountable for their
actions and be compelled to compensate the Plaintiff by reinstating his
position and classes and to allow the Plaintiff the full backing of the college
in pursuit of the investigations begun and ongoing.
Thank you.
Sincerely,
Robert H.
Williams, Plaintiff
5243 Route 11 Main
St., Mooers, N.Y. 12958 518-236-6733
March
26, 2001
http://rhw007.tripod.com