Louis,
Your last message really hit home for me. I am very new to the teaching
profession (I just received my Ph.D. in August and have only been
teaching for 4 years), and yet for a number of reasons I too have been
giving a great deal of thought to exactly what it is we are doing, what
it is we should be doing and how to accomplish it. For some reason, I am
constantly brought back to Walden Two and Maria Montessori. I don't know
if you have read Walden Two or not, if not then the brief summary is
simply that Skinner describes a utopian society run by behavioral
principles. Their educational system is very different from ours.
Students in their society learn on their own for the most part, but they
seem to develop a passion for learning that is absent in our society.
The part that often runs through my head is when some of the younger
people of utopian society question a professor from the outside who has
come to visit. They ask him a series of "embarrassing questions"
including: "Why did colleges make students take exams and why did they
give grades? What did a grade really mean? When a student "studied" did
he do anything more than read and think - or was there something special
which no one at Walden Two would know about? Why did the professor
lecture to the students? Were the students expected to do anything
except answer questions? Was it true that students were made to read
books that they were not interested in?" I think many of these questions
are pertinent to your questions below, as is the philosophy of Maria
Montessori. Take for example, grades. What do grades really mean? They
seem to be necessary in our society, and it is not that I am arguing for
a different system necessarily, but when a student describes him or
herself as a straight A student, what does that mean? I think often it
means that the student is very good at "playing the game." Is that our
goal, for our "best students" to be those who are good at turning in all
of their assignments on time, and repeating back what we told them? I
guess I am at the point where I believe that the way students "learn" in
our traditional classroom is not doing them much good beyond getting a
green light toward the goal of a piece of paper so they can go out to
the "real world," which of course, the students will tell you, bears no
resemblance to what they have learned in school. I would like learning
to be more than the regurgitation of facts and subsequent loss of those
facts 5 minutes after the test. I want them to be able to actually think
about the issues and be able to think through problems on their own. I
want them to be excited to learn new information and to gain insight
into themselves and the world around them. I know, I know, what I am
writing is screaming of youthful exuberance, idealism, and ignorance but
realizing that isn't stopping me from wondering and thinking about it. I
keep coming up with answers that really don't seem to fit within our
current system. So where does that leave us? Can we integrate any of
those ideals into a traditional classroom? I think we can to some
degree, Lord knows I've tried, but sometimes I'm not so sure. 
Any thoughts? Suggestions?
Thanks for listening to my rambling,
Laura

Laura Browning, Ph.D.
Visiting assistant professor
DePaul University
Chicago, IL

        I just told a virtual colleague that if she wanted to change
students, she has to change her attitude toward students.  She
understood
that I meant you can't really do something to them; you can only act as
a
catalyst to help them do something to themselves. I should have added,
however, that she needs to look also at her attitudes towards learning,
motivation, and teaching.  I am. 

        Her message came at a curious time.  Sometimes I don't ask.
I've
been going deep on these three critical areas of our profession more
than
usual in the last week or so.  Last week I returned from giving a series
of beginning-of-the-semester presentations to the faculties of four West
Texas community colleges.  I was supposed to be motivating and
inspiring. 
Turns out that my interaction with some neat and highly dedicated
teachers
during give-and-take sessions proved to be unexpectedly motivating and
inspiring and transforming to me.  As soon as I got on the plane home, I
started asking myself some questions about what is it I am doing, what
it
is I should be doing, how should I do what I should be doing, and I am
driving me nuts. Let me share some unorganized thoughts.  Some of you
can
surely help me.  First, about learning. 
        
        "What is 'learning,' real learning, deep learning?"  I asked
myself. I honestly didn't have a precise answer.  I'm no psychologist
although, to paraphrase Winston Churchill, I've read a lot of what a lot
of people have written and argued a lot about learning.  It is, to say
the
least, an important subject.  It is the crux of education.  So, what is
this thing called learning. I, for one, am not sure what it is. It is
one
of those mysterious, non-descript, "oh, you know what I mean" words.
What
I do know is that it is easy to answer that question and say "learning
is...."  It is not easy to answer the follow-up question:  "what do you
mean?" Anyhow, with a heavy gulp, I think I'll take a stab at it. 

        I'm told that our entire educational system is dedicated to the
nurturing of the human beings' natural potential for learning.  That is,
it is supposed to promote our inbred curiosity, support our innate
desire
for discovery, endorse our inborn tendency to enlarge experience and
knowledge, encourage us to become members of the crew of the starship,
Enterprise, and search out new worlds and go where no man has gone
before. 
Do we?

        I know how easy it is to give this word, learning, a much too
shallow meaning.  Learning goes deeper than merely gathering
information. 
At least, I think so. Stay with me as these ideas hit.  I'm sort of
brain-storming.  I think learning is an involvement of the whole person,
not just restricted to the "neck up" intellect.  It involves the "neck
down" emotion, spirit, soul as well.  It involves the exercise of a
freedom that is, as Victor Fraenkl might say, an inner attitude to
decide
who you are and to choose your own way.  It involves moving in a
direction
directed by a sense of meaning and commitment to a purpose.  Real
learning
infuences behavior.  Real learning, I think, is not merely being
informed; 
it is far more experiencing a transformation.  Real learning is not
static
knowledge; it is far more a process of continual change.  Real learning
is
not merely a degree with which you go out into the world to earn a
living;
it is far more a way of living in the world.  The character of real
learning is the development of character; the value of real learning is
the appearance of a value base.  The goal of learning is not just the
fully informed person; it is far more the fully functioning person.  The
goal of learning is not just utilization of your intellect;  it is far
more a full utilization of all of you in relationship with yourself and
others.  Real learning is never-ending; it is difficult;  it is
serendipitous; it is unbalancing; it is challenging; it is
uncomfortable; 
it can be painful.  Real learning is forever taking you out of the
proverbial box.

         The paradox is that too many of us academics in the name of
learning create a situation that is just the opposite of deep learning.
We
submit to and promote the shallow and myopic idea that if a student
signs
up for a course, does as he or she is told, reads a book, writes a
paper,
listens to those mini-conference papers we call lectures, takes notes,
maybe participates in a discussion, passes a test, gets a good grade, he
or she has now learned that subject and has attained what so many of us
professors pronounce as "subject mastery."  Too many of us academics see
ourselves too often as the active fillers of the pail, molders of the
clay, forgers of the steel, etc. We give; they receive; we do to; they
are
done to.  We actively profess; they quietly listen; we teach; they
passively learn. We know; what do they know.  It is a sterile
programming
of lifeless transcribing, lifeless inscribing, lifeless cramming,
lifeless
memorizing, lifeless assessing, and lively forgetting. It seduces
students
to reduce "important" to "being on the test."  It restricts learning to
getting a grade, GPA, degree. 

        At the same time, the kind of information learning we so often
promote in our educational systems is almost a study in obsolesence.
Think
about it. What happens to the information by the time a student
completes
his or her collegiate career and gets around to using the information?
The
science taught today will be outdated in a few years;  the mode of
sociology and psychology taught today will be most likely outmoded
tomorrow. Management style taught today will be restyled if not go out
of
style. Finance and accounting techniques taught today soon will not
count. 
Tomorrow will witness a loss of appetite for today's artistic taste. The
fashions learned will become unfashionable.  And the pace of
technological
change?  I won't go there.  Even in my own field of history, the "facts
of
history"  will be out of date because those facts are really
interpretations or opinions that are heavily influenced by the
ever-changing temper and mood of the society.  The one thing I am
certain: 
statements placed on the firm ground today will find themselves on
shifting sand; steadfast positions today will become unsteady; and, what
is learned today will have to be unlearned during the tomorrows to come.

        Look around and ask yourself, then, if our educational system
does
more than prepare students to pass a test, get a grade, receive a
diploma,
get a job. Ask yourself how many of our courses are really on course, if
our educational system of reward and punishment encourages students to
submissively ask "what do you want;" if it breeds followers instead of
leaders; if it produces honor seekers, test-takers and grade-getters
instead of learners;  if it schools and trains instead of educates; if
it
creates copiers instead of creators; if it lifts students' vision to see
importance beyond what will be on the test; if it prepares flexible and
adaptable people who feel comfortable in a world of unimaginable change
and diversity; if it prepares them to listen to, understand, respect,
and
embrace others of different cultures, different religions, different
skin
colors; if it promotes a freedom to live his or her potential; if it
acts
as a catalyst for developing independent and roaring choice seekers,
risk-takers, decision makers; if it produces visionaries, explorers,
questioners, dreamers, adventurers, star-gazers.

        What we will too often see is that we have a reward and
punishing
system designed more to train seals than allow free-thinking individuals
to develop. It mutes roars into bleets.  It herds, defaces, corrals,
denames, depersonalizes, dehumanizes.  It takes the essential joy and
fun--and meaning--out of learning.  It is too often boredom and torture
personified.  It is not a valuing process. I have seen time and time and
time again that the overwhelming majority of students, who have been
trained like those seals to look over their shoulder with a fearful
"what
do you want" hesitation, tend to yield, agree, copy, conform, submit.
They
feel like they are possessions, that they are in the unbreakable grip of
someone else.  They feel like Psalm 8:5-6 is violated.  They stand
around
and wait to be told what to do and what is expected of them.  They're
afraid of wobbling, of hitting blind alleys, of running into dead ends,
of
making mistakes.  They fear unpredictability.  They feel they have no
choice.  They become "first let's see what happens" people.  They are
hesitant about being "oops-ers."  They want guarantees, tested and
proven
models, before they act.  They don't bring energy and passion and a
positive attitude with them.  They exude isolation, lonilness,
abandonment, and weariness.  They aren't really happy or having fun or
enjoying. They rarely are original or initiators.  They rarely dare.
They
wilt.  They certainly have little, if any, faith, belief and hope for
themselves. I have found that they are shy. They are easily stressed.
They
tend to feel unappreciated, unworthy, devalued; they tend to believe
they
don't belong and unwanted.  They don't think anyone cares about them. 
They grasp tightly their "don't" and "can'ts" and "won'ts." They're
boxed
tightly into their box.  They try to please.  They tend to be
inflexible. 
They find it difficult to adapt.  They put the lid tightly on
themselves. 
They tend to feel inadeqate and inferior.  They are so rarely
spontaneous. 
They don't feel free.  They don't really bloom. 

        When it comes to learning, static information should not run our
show.  Why?  Because nothing is static; everything is in the process of
change.  It's that old chinese saying, "and this, too, shall pass."  The
ability to face and deal with inevitable change requires the ability and
willingness and daring and confidence to risk, choose, decide, and act. 
Learning, deep learning, meaninful learning, is about creating the
future.
It is means constant re-creation, that we re-create outselves as we
create
things around us. It means becoming someone who you weren't before,
being
able to do something you never were able to do, perceiving the world as
you never saw it, AND weaving your relationship to the world and others
as
you never knitted before.  Through true learning we become part of a
productive process So, when I talk about learning, I am talking about a
"restlessness" and a "freedomness" and a "changingness,"  about the
ability to be flexible and adaptable.  Call it growth, change,
development.  Call it anything but static.  Maybe I am talking about
being
free.  I am talking about the capacity to be continually curious, to
always imagine, to constantly create, to incessantly ask, "why?"

        Our aim should be to offer the most challenging curriculum
students can face: freedom to become themselves, freedom to bloom,
freedom
to search, freedom to explore, freedom to tap their unique potential,
and
freedom to arrive at their unique selves. Our mission must be to help
people be free to help themselves, to commit themselves, to become the
people whoever they are capable of becoming.  Our purpose must be help
them help themselves release themselves, trust themselves, respect
themselves, be fluid, flow freely, dance lively between the known now
and
the unknown later, believe in themselve, have donfidence in themselves,
have faith in themselves, have hope for themselves.  Our mission is to
help people help themsevles to become people who aren't boxed in a box,
who ask what I call "beautiful questions," who have a good understanding
of themselves, who have a sense of freedom within themselves, who are
open
to experiences, who are a triumph of enthusiasm, who wiggle and ponder
and
wonder, who thirst for those magnificantly magical days of discovery,
who
catch the energy and release the potential and create memorable moments,
who are a never-ending story in progress, who are social and embraces
others who are different, who are not likely to be controlled by his or
her surroundings or by others, who are choice selectors, risk-takers,
decision makers, who are orginators and initiators, who relish what I
call
a "glorious messiness," and who are what I call the free, courageous,
delicious, "darers," "misbehaviorers" and "disruptors." 

        Groping.

Make it a good day. 

                                                       --Louis--


Louis Schmier                     [EMAIL PROTECTED]
Department of History             www.therandomthoughts.com
Valdosta State University         www.halcyon.com/arborhts/louis.html
Valdosta, GA  31698                           /~\        /\ /\
912-333-5947                       /^\      /     \    /  /~\  \
/~\__/\
                                 /     \__/         \/  /  /\ /~\/
\
                          /\/\-/ /^\_____\____________/__/_______/^\
                        -_~    /  "If you want to climb mountains,   \
/^\
                         _ _ /      don't practice on mole hills" -
\____






















----------------------------------------------------------------------

Subject: Re: Help requested with an ugly legal issue
From: "James D.Dougan" <[EMAIL PROTECTED]>
Date: Sun, 20 Jan 2002 09:51:08 -0600
X-Message-Number: 5

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]




----------------------------------------------------------------------

Subject: About intra-race differences, programs and research
From: "DA Louw" <[EMAIL PROTECTED]>
Date: Sun, 20 Jan 2002 18:14:02 +0200
X-Message-Number: 6



<color><param>0100,0100,0100</param>Living in a country with a more than
shameful history of focussing on racial 
differences, just an idea or two:


I don't think think the question whether racial differences do exist,
should be 
the main focus.  It's the perceptions and stereotypes people have about
it 
that should be changed.  I'm in a previleged position to have students
of 
several different cultures and races in my classes.  If they were to
speak to 
each other in there native tonque, many, if not most, would not be able
to 
understand each other.  For interest sake:  if the beloved Mandela were
to 
address our nation in his native tongue (Xhosa), most South Africans
would 
not understand what he is saying, many not even a single word.  (We have

11 official languages, while many more are spoken by a significant 
percentage of the population.)  Also, I was born and raised in Namibia,
a 
country north-west of South Africa, where I was exposed to several 
languages that are almost unknown in South Africa. Talking about 
experiencing cross-cultural differences!  


We discuss cross-cultural and racial issues in class quite openly.  
HOWEVER, I always put much more emphasis on 1) intra-race than on inter-
race differences, and on 2) similarities than differences between races.
More 
specifically, the basis of my lectures is that there are mostly greater 
differences within groups than between groups. And I believe that it is
easy 
to illustrate this, even if you have to use extreme examples.  What I
also do 
is to ask the students what they LIKE about another culture and its
people. 
I'm usually specific and would e.g. ask blacks what they like about
whites, or 
Xhosas what like about Zulus (the Xhosas and Zulus have a history of 
conflict).  And then also ask them what they DO NOT LIKE about their own

culture and people.  This usually lay the table for interesting
discussions and 
hopefully new insights.  See eg M Zuckerman's 1990 article in
<italic>American 
Psychologist </italic>(45, 1297-1303) on "Some dubious premises in
research and 
theory on racial differences".


BTW, my University also conducts practical workshops on this topic
---and 
they are compulsory for every staff/faculty member on campus.  At how 
many other universities is this the case?  A student and I are about to
start 
with a research project to determine the effectiveness of such programs
and 
we will therefore appreciate it if colleagues with similar experiences
and 
interests could get in touch with me.


Thanks


Dap



<nofill>
**********************************************************************
DAP LOUW, PH.D.(Psych.), PH.D.(Crim.)                   
HEAD: CENTRE FOR BEHAVIOURAL SCIENCES
PROFESSOR: DEPARTMENT OF PSYCHOLOGY
UNIVERSITY OF THE FREE STATE
P.O. BOX 339
BLOEMFONTEIN
9300 SOUTH AFRICA                       TEL: INTL + 51 + 401-2444 (Work)
                                                         436-3423 (Home)

                                        FAX: INTL + 51 + 447-5719
                                        EMAIL: [EMAIL PROTECTED]
**********************************************************************

----------------------------------------------------------------------

Subject: Re: Help requested with an ugly legal issue
From: "Patricia Keith-Spiegel" <[EMAIL PROTECTED]>
Date: Sun, 20 Jan 2002 13:32:44 -0500
X-Message-Number: 7

First, so sorry to hear that your family is going through such a crisis.
=
I am not sure if this is ever helpful, but I have been consulted several
=
times this year alone about instances that are remarkably similar.  And,
=
most amazingly (at first blush), is that the professors who go the extra
=
mile for students were the target!  My theory on that is the professors
=
who do the basic job (show up for class with OK presentations, give OK =
tests, and sit there for the required number of office hours) are less =
vulnerable.  The IDEAL professor who appropriately (as opposed to a =
too-personal dual role relationship) helps students make contacts,
offers =
personalized educational guidance, creates enriching off-campus
opportunies=
, and the like, become so humanized in the students' eyes that they are
=
put into a new category.  Most students deeply  appreciate such
professors.=
  But other students who overpersonalized the involved professor (and =
especially those with emotional issues of their own) lash out when all =
does not go well and that professor is anywhere near the stage.  The =
saddest thing about this phenomenon (which is not rare but thankfully
not =
common either) is that educators' sprits can be broken in the process,
and =
all students lose as result.

Linda's advice was so excellent that I have nothing to add.  All of her
=
points are well-taken.  Administrations do fear law suits (and the =
negative publicity that attends them) and they can abandon their own in
=
the process.  A double hit. =20

Please let us know how this situation progresses.=20

Patricia Keith-Spiegel, PhD

<<< [EMAIL PROTECTED]  1/20 10:58a >>>
Linda,

Thanks for the good suggestions and for the support.  I think we are =
still=20
in the "in shock" stage and we are not really thinking clearly.  As a=20
result, any advice and support is particularly appreciated.

The really ironic part:  I don't know anyone more willing than my wife =
to=20
support and help students.  She absolutely bends over backward to be =
fair,=20
helpful, and supportive.  This is such a slap in the face - it makes all
=
of=20
that hard work seem meaningless.  You wonder why good teachers get =
burned=20
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
interperso=
nal
> > 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]=
du
>
>---
>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]


----------------------------------------------------------------------

Subject: Re: Help requested with an ugly legal issue
From: Vivian Hamilton <[EMAIL PROTECTED]>
Date: Sun, 20 Jan 2002 12:51:11 -0800
X-Message-Number: 8

Jim,

In addition to Linda's excellent suggestions, DOCUMENT EVERYTHING!  When

you receive threats, keep copies if they're written, or tape them if 
they're on voice mail.  If they occur while your wife is on campus, can 
your Public Safety Office help?  I can only imagine how frustrating and 
disheartening this must be for your wife and for you.  You must find 
someone to advocate for you (for her, really) on her campus, and if
support 
is lacking there, perhaps the best defense is a good offense (in terms
of 
lawsuits, I mean).  Personally, I abhor how litigious we have become,
but 
the extreme unfairness of the situation may mean some re-thinking... is
a 
countersuit a viable option?

Best wishes,
Vivian Hamilton
Portland Community College

  At 09:51 AM 1/20/2002 -0600, you wrote:
>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]



----------------------------------------------------------------------

Subject: Re: Help requested with an ugly legal issue
From: jim clark <[EMAIL PROTECTED]>
Date: Sun, 20 Jan 2002 18:36:18 -0600 (CST)
X-Message-Number: 9

Hi

On Sun, 20 Jan 2002, Patricia Keith-Spiegel wrote:

> First, so sorry to hear that your family is going through
> such a crisis.  I am not sure if this is ever helpful, but I
> have been consulted several times this year alone about
> instances that are remarkably similar.  And, most amazingly
> (at first blush), is that the professors who go the extra
> mile for students were the target!  My theory on that is the
> professors who do the basic job (show up for class with OK
> presentations, give OK tests, and sit there for the required
> number of office hours) are less vulnerable.  The IDEAL
> professor who appropriately (as opposed to a too-personal
> dual role relationship) helps students make contacts, offers
> personalized educational guidance, creates enriching
> off-campus opportunies, and the like, become so humanized in
> the students' eyes that they are put into a new category.  
> Most students deeply appreciate such professors.  But other
> students who overpersonalized the involved professor (and
> especially those with emotional issues of their own) lash out
> when all does not go well and that professor is anywhere near
> the stage.  The saddest thing about this phenomenon (which is
> not rare but thankfully not common either) is that educators'
> sprits can be broken in the process, and all students lose as
> result.

It is probably quite difficult to determine the BASIC - IDEAL
boundary.  Even in clinical psychology, where boundary issues
have been examined much more closely, one still finds differences
between clinicians who view non-clinical relationships generally
harmful and to be avoided (perhaps as represented by Borys &
Pope, 1989), versus other clinicians who see non-clinical
relationships as constructive (e.g., Lazarus).  There might also
be some assortative mating going on, with students having
exceptional personal needs gravitating to faculty who appear to
service such needs only, in some cases, to have the students
disappointed at some point when the their perhaps escalating
demands are not met.  This opens the door, as Patricia observes,
to the seemingly more caring faculty being most at risk.  I say
"seemingly most caring" because it may not always be the case
that accommodations are indeed in the best interest of students,
and preliminary accommodations might in part produce the greater
expectations that lead to difficulty at a later point in time.

Best wishes
Jim

========================================================================
====
James M. Clark                          (204) 786-9757
Department of Psychology                (204) 774-4134 Fax
University of Winnipeg                  4L05D
Winnipeg, Manitoba  R3B 2E9             [EMAIL PROTECTED]
CANADA                                  http://www.uwinnipeg.ca/~clark
========================================================================
====




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