TIPsters,

I am hoping that someone out there might have some advice regarding a very 
sticky and ugly university-related legal issue.  Below is a summary of the 
relevant details.  For the record, I am writing this on behalf of my wife - 
she is too embarrassed and too upset to do anything at the moment.

My wife is a tenured and award winning professor at a local state 
university.  In fact, she was just awarded the university's highest 
teaching award.  This is just to establish that we are not talking about 
someone with a spotty record.

As part of her research, my wife collects data on animal behavior at a 
local zoo.  Both undergraduate and graduate students assist her.  One of 
the graduate students was eventually hired by the zoo as an employee - 
while still remaining in graduate school.  Recently, that student filed 
sexual harassment charges against an employee at the zoo.  As far as we 
know, the charges were dismissed as groundless (though to be honest we 
don't know the details because we were not involved).  Note that my wife 
had absolutely no administrative relationship with the zoo and absolutely 
no control - supervisory or otherwise - over the student as an employee at 
the zoo.  The zoo is simply a place where she and her students collect 
data, and a place where the student in question had become an employee.

At around the same time, my wife was getting increasingly frustrated with 
the graduate student's progress in the program.  One problem is that the 
student has never written a thesis proposal - even though some of the data 
collected at the zoo were initially intended for inclusion in a thesis.  My 
wife informed the student that she was not to collect any more data at the 
zoo until she completed her proposal.  As soon as the proposal is written 
and approved, the student can resume data collection.  If my wife has done 
anything wrong, it was to allow any data to be collected before the 
proposal is written.  As it is, she has simply informed the student that 
she has to write the proposal before continuing.

The student became very angry at this.  She has now filed formal charges 
against my wife with the affirmative action office on campus.  The 
charge?  That my wife was "retaliating" against the student for filing 
sexual harassment charges against he employee at the zoo.

There are many many many reasons why these charges are simply absurd.  Two 
stand out, though:

1)  How can my wife be retaliating when she has no relationship with the 
person actually charged?  Apparently, this is "retaliation by proxy" - that 
is, my wife is apparently retaliating on behalf of someone else.

2)  How is it retaliation to require a student to write a thesis proposal - 
something which is required for all thesis students?

A couple of other relevant facts:

-- The student has a history of personal issues and previous interpersonal 
problems

-- The student has refused mediation, insisting on filing formal charges 
without first going that step

-- The student has told people "I am going to take her down..." and made 
other threatening statements.

That's the jist of it.  There are lots of other details, but that is most 
of it.

Here is the problem:  The University is taking the charges seriously and 
proceeding with an investigation.  Further, they apparently think that 
their role is to advocate for the student, and that they have no 
requirement to support the faculty member.  We have also been told that 
anything we do against the student - such as filing a restraining order 
after the student has made threats - would be considered further 
retaliation.  It seems that my wife is being asked to prove herself 
innocent- that she is assumed to be guilty before things even begin.

We have had to hire an attorney at our own expense - and the attorney says 
this could get pretty costly.

I like to believe in the system enough to think that this will eventually 
be resolved - that the charges will be recognized as absurd.  I would like 
to think that would have occurred already.  But, nothing will apparently be 
resolved until we have spent a lot of money and gone through a lot of 
stress. In the mean time we really feel like our family is potentially in 
danger.

So - does ANYONE have any advice?  How do you defend yourself against such 
charges?

Thanks in advance....

-- Jim Dougan

















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