Linda, Thanks for the good suggestions and for the support. I think we are still in the "in shock" stage and we are not really thinking clearly. As a result, any advice and support is particularly appreciated.
The really ironic part: I don't know anyone more willing than my wife to support and help students. She absolutely bends over backward to be fair, helpful, and supportive. This is such a slap in the face - it makes all of that hard work seem meaningless. You wonder why good teachers get burned out..... Thanks again - and please do let me know if you have any other ideas. -- Jim At 05:09 PM 1/19/2002 -0800, you wrote: >Dear Jim, > >Some steps to consider checking out and hopefully others will jump in >with additional helpful suggestions or thoughts. > >1. Do you have some sort of faculty handbook that includes the steps >outlined for a student grievance as well as a faculty grievance against >a student? Check it out and see what avenues are available according to >university policy. Chances are no one will inform you of what your >wife's rights are, and thus you will need to find this information out >for yourself. Someone within your faculty senate/council/etc. should >have this information. Barring this, check with AAUP. Do you have a >union? They can also be helpful. > >2. Check to see what kinds of malpractice insurance policies are in >place for faculty through the university. I know at my university, we >are each provided with two policies but they never advertise that fact. >This may include help with legal assistance. > >3. Know that part of the reason that they are advocating so vigorously >for the student is because they are afraid of a lawsuit. Also know that >they are just as afraid of a lawsuit from an employee. Learn your >rights and the resources available to you and use them or take legal >action against the university if necessary (obviously a last step). This >is particularly important if their actions are putting you and your >family at risk. > >4. File a restraining order if the student is threatening. The courts >will not grant a restraining order for "retaliation." This legitimizes >your claim of harassment and also serves to provide a bit of protection >for you and your family. > >5. Make sure that your legal case regarding the student includes the >potential for reimbursement of legal fees from the student if the claim >is found to be spurious. Make sure the student is aware that this is a >possibility. Reimbursement of legal fees can occur either as part of >any legal case the student may institute against you or later as a civil >action. > >6. Because of the dual relationship that has now been established >between your wife and the student (a. litigants in a dispute and b. >thesis advisor/student), your wife should "resign" as the student's >thesis advisor. Look to her professional organizations code of ethics >(if one exists as it does for psychology) for an appropriate citation to >include with the letter to the student and the university. This removes >your wife from the situation by making it a professionally mandated action. > >7. Reassure your wife (which I am sure you have) that while it is >understandable that she is upset, she has no reason to feel embarrassed. > Unfortunately, too many of us tend to feel embarrassed or even ashamed >when we are being victimized and this only further saps our ability to >evaluate and handle situations effectively. > >Best wishes, > >Linda > >-- >Linda M. Woolf, Ph.D. >Book Review Editor, H-Genocide >Associate Professor - Psychology >Coordinator - Holocaust & Genocide Studies, >Center for the Study of the Holocaust, Genocide, and Human Rights >Webster University >470 East Lockwood >St. Louis, MO 63119 > >Main Webpage: http://www.webster.edu/~woolflm/ >mailto:[EMAIL PROTECTED] > > > >"James D.Dougan" wrote: > > > > 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 > > > > --- > > You are currently subscribed to tips as: [EMAIL PROTECTED] > > To unsubscribe send a blank email to [EMAIL PROTECTED] > >--- >You are currently subscribed to tips as: [EMAIL PROTECTED] >To unsubscribe send a blank email to [EMAIL PROTECTED] --- You are currently subscribed to tips as: [EMAIL PROTECTED] To unsubscribe send a blank email to [EMAIL PROTECTED]
