Letter from Charles Nadler
Awhile ago, Charles Nadler, who represented the faculty in collective bargaining from 1975 until 1982 and who defended the faculty against the Board's 1999 lawsuit, sent us the following letter (we apologize for the delay in posting this):
Dear Editors:
Thank you for standing up and joining the long line of people who have stood up against the tyrants at the University of Dubuque. Those who criticize you for remaining anonymous are shameful. Anyone who has observed the behavior of President Bullock and the Board, knows or should know that anyone employed by the University, or who is a student there, is in serious danger from them, if they speak up.
I write as an interested outsider, who represented the faculty in collective bargaining from 1975 until 1982, when I went to law school. I was one of the attorneys who defended the faculty against the lawsuit brought against them by the Board, and which was won in June of 1999, by the faculty. I am also a former three time president of the Iowa Civil Liberties Union.
It appears that the University has sunk to a new low in four respects. First, it has apparently required faculty to agree that if they criticize the administration in any way for any reason, their salary is forfeit. This is close to involuntary servitude. However, legally, the employment relationship in a private entity is nearly such. Second, its lawyer has attempted to subpoena records belonging to a student, apparently in order to find out which, if any, faculty or staff are "bad mouthing" the administration. Presumably, this is so the administration can know whom to punish. Third, the University appears to have indicated that the subpoena would go away if the suit by Professor Jeffries were to be dropped. This sounds like a form of extortion to me. Were an attorney to say such a thing in Colorado, he/she would be subject to discipline. Fourth, the University appears to have been making noises threatening the blog you have provided to air these issues. I think your blog is quite fair and has little in the way of "flamimg" or anything else that could be considered nasty.
I am afraid this is what happens when a cabal of businessmen, who think that just because they have made a few bucks, they know how to run an academic institution!
Again, thank you for your public service. I hope you will keep it up!
Sincerely yours,
Charles H Nadler
posted by WhatWendtWrong at 7:53 PM
68 Comments:
Former UD faculty member and lawyer who worked at the aclu. neet who takes interest.
All 46 members of the School of Liberal Arts were sued? Is that correct? I did not realize UD has been that aggressive towards people. So the Jeffries thing is not that uncommon.
Al
Watch out, you might be get a subpoena of your own. UD has done this for everyone else you might be next.
As someone who was on the UD faculty when the Board sued, I can assure you that the action came as a shock! Each of us was served with papers, at home, stating that we were defendants in the lawsuit. For many of us, a family member answered the door and was told that legal papers were being served, but they had to be signed for by the defendant personally. That produced a very worried spouse in some cases. A fine way to treat long-time employees!
An assumption on the part of many was that the former banker (Meriwether) serving as Acting President at UD had been given bad advice by a faculty member who had cozied up to him, suggesting that many UD faculty would choose to not fight the lawsuit. In fact, a full 3/4 of the faculty took strong exception to being treated this way and contributed to a fund that was used to hire a lawyer. Included were several faculty members from fields like Business and Nursing who had been strong supporters of the Administration previously.
Is it any wonder that Board members so contemptuous of faculty would be willing to spend as much money as would be needed in order to finally achieve a UD where basic rights are denied to faculty??
The faculty member in the previous comment failed to mention that the papers were served by a uniformed sheriff's deputy. Ever have a law enforcement officer at your door with neighbors wondering what you have done wrong? Despicable and heartless board of directors.
I just two news accounts of campus stabings; one at Cornell Univ (Ithica NY - Ivy League) and the other at the Univ of Mass where a faculty member was stabbed.
Given the quality of UD admissions and it's abnormal draw on athletes from FL as well as the nationwide inability to screen for mental health issues, I wonder what kinds of training and education UD provides for both students and faculty regarding unstable people who may attend UD? It seems to me that too many "at risk" people are brought to UD.
Is UD an accident waiting for another happening?
When you have open enrollment such as UD has, the probability is high that at risk students are enrolled at UD. It is tempting to say that the administrators at UD have mental health issues but the truth is that they are amoral--just like the Bush administration they support.
Now the chaplain, who has struggled to maintain a sincere Christian spirit on campus, is leaving. Being a part of UD's administration, with the constant and often flagrant hypocrisy that is evident, puts a strain on all individuals who attempt to maintain ethical standards.
The UD chaplain has been commiting the sin of omission for the last ten years by refusing to condemn the unethical actions of the UD administration against the faculty and students. He claims in his sermons that it is the individual's relationship with his/her God that is most important. When he approaches the pearly gates, he will be called to account for his lack of inaction in the fact of social injustice.
Given what happened to Jeffries, one can understand the caution taken by the chaplain. But his lack of protest in the Jeffries unethical firing places him alongside Roger Ebertz at UD and Neville Chamberlain before the Nazi war machine.
What? Another UD silent defection! Three years ago cabinet members started to disappear; some of whom were clearly dissatisfied w/the management of UD.
Then Garfield presents his plagiarized speech and Jeffries gets caught in the middle of this bad situation.
Later, UD issues a supoena to a former student. Still later a business professor defected.
And now, the Chaplain.
When is the Board going to start asking the question, "Why are good people leaving?"
Let us get this straight: the Board is not going to ask questions because it already know the answers. It, the Board, has given directives, business style, that the Board and administration is superior and the lowly employees are inferiors in the hierarchy of things. The Board is not interested in the education of students, only that the chain of command be enforced: it gives the orders and those down the chain follow. UD seems to go on with superior or inferior profs and with superior or inferior students and buildings get built as monuments to the leadership of the Board. So don't expects answers from the BOard. All of its members are successful businesspersons, so they are eminently qualified to run a university, goes their thinking. If I adapt, translate, and quote from an Italian writer: "You know nothing, O Board, and you don't even know that!"
A former blogger brought up campus violence and questioned whether UD was prepared.
Given the recent events at Virginia Tech, I would think UD folks ought to wake up and realize actions involving anyone w/mental health issues, could occur in Dubuque.
All reputable universities and colleges who care about their students have at least one full-time counselor with a background in counseling psychology to help students with emotional and other issues. Plus it helps head off what went on at Virginia Tech. Does UD have such a counselor?
I was asked for an opinion about a situation concerning a student who had a different lifestyle. And the advice given to the the problem they were having on campus was, "If you only pray about it then maybe your homosexuality will go away".
If this is the type of counciling that was given to the student, what is passing as counciling on the UD campus.
Are we ready for a more complex situation that calls for a more professional responce than just pray it away?
In light of the recent events in the world I hope so, for that is one thing that the administration cannot subpoena from us.
UD's Dr. Amy Baus is a clinical psych person who is now in the student life area. She's more than capable.
However, I too have heard the "pray" story regarding life style and I suspect that version is coming from an unknowledgeable conservative Christian who thinks they are helping the individual, when in actuality, they are doing more harm while adding to negative stereotyping of Christian witnesses thru out the globe.
The real problem is UD has forgotten it's Presbyterian heritage and Christ's mandate that we love one another as ourselves. Instead, too many folks are enamored with themselves and the good works they have historically brought to UD. This same malaise aflicts Board members too.
I was recently reminded of the way in which Bullock has made a mockery of the tenure system at UD. Talented faculty members of proven ability with strong support are denied tenure and then immediately offered 5-year "term" contracts, while faculty with shaky records are awarded tenure based apparently on favor with Bullock.
Why does the Board of Directors not do the honest thing and declare that tenure will no longer be awarded? That way, faculty would no longer be forced to witness the system being used by the president to bestow favors.
The Board of Directors are into power and control and the hell with academics! The Board needs to be replaced but they choose their own.
"UD's Dr. Amy Baus is a clinical psych person who is now in the student life area. She's more than capable."
**** Amy Baus is NOT a therapist trained to deal with student issues. FURTHERMORE her office is such in such a visible area, and has such ridiculously limited hours that her "position" is nothing more than a title to make people feel better, not do any real work. UD needs to stop blowing smoke about this, there are depressed students on campus that are not receiving the professinal services ON CAMPUS that they need. I am sure the faculty feels as though their hands are tied when they have a student with mental health problems and they have nowhere to send them.
The writer uses the term "psych person"...WHAT is that? How about counselor,therapist, those are terms that are meaningful. Dr. Baus has her PhD in exactly what? Psychology? That is a LONG shot from a trained theraputic clinician.
Searchin my memory, I can only remember two counselors hired by UD in the last 30 years. Both had contracts for a year and were gone when the contracts were not renewed. I remember Dr. Lindsay and Dr. Belcastro taking troubled student over to the Gannon Center when it was located at Mercy Hospital; fees were on a sliding scale. Actions speak louder than words; money for building but not for students. The thinking is: students leave each year but buildings stay.
For a while UD had a nurse, off and on, located in student life who took care of minor illnesses and made referrals to the hospital. Does UD have a nurse now?
No nurse, no counseor, no pastor. Overworked faculty and staff. Oh, and beautiful buildings which could perhaps house health care offices.
The former posting reported the following: "No nurse, no counseor, no pastor. Overworked faculty and staff. Oh, and beautiful buildings..."
The posting forgot that in addition, there's "no trust."
Sure, some colleagues have trust in one another, but trust is absent from the senior management, the entire organization suffers...including customers as well as employees.
If anyone read the Des Moines Register of May 6th, an article titled, Loan work got colleges $1.5 million.
Some interesting statistics in that article. Of the many student loans, the worst are private loans which are "riskier and should be considered as a last resort."
28% of Clarke College students got private loans; 24% of Loras college students got private loans; hold your hat, 75% of University of Dubuque students got private loans.
That's not all. Colleges got reimbursed from the Iowa Student Loan for making these risky loans.
Clarke College received $6434 in reimbursements; Loras College received $11,325 in reimbursements. The figure for the University of Dubuque is N/A or not available. But if the paid average reimbursement of $23 per loan is followed, the University of Dubuque received, hold your hat again, $25,668! Did the University of Dubuque do the moral and ethical thing and refund to the students who took out private loans their part of the refund?
I doubt it.
Will the Telegraph Herald mention this immorality at all?
I doubt it.
How long will the University of Dubuque be able to delay the court cases that it is facing? One appeal or petition for a summary judgment after another! It is almost as if they believe the justice system does not apply to them.
These things take time. It might be UD. It might be Jeffies. It might be the judge.
Believe it or not, UD is not responsible for every bad thing that happens in the world.
UD has the money to pay unlimited legal services and the opposition has not. It will make all attempts to delay, as it has done so often in the past, so that the opposition runs out of money to defend itself and has to capitulate has to settle out of court without winning.
Well after reading all this crap about what UD does it makes me realize I should have gone somewhere else... But wait, all university have there "dirty little secrets" and well we need to get over it and move on. What's happened is in the past and let's move on. After all it says in the bible don't judge that is God's job on judgment day and they'll pay then. They'll pull their heads out one day when all that is left of UD well nothing...
Let's set up a prayer-fest in the days leading up to as well as during, Dr. Jeffries' trial.
Does anyone know the current standing for the next court date? i.e., has the trial been scheduled and if so, when?
A Prayer Vigil - what a great idea. Count me in as a card-carrying Paul Jeffries supporter who knows how to pray.
But when is the court date?
Ah! The "let's move on" ploy! Someone knows you down, kicks you while you are down, and spits on you--but--forget all that--it is in the past--let's move on. Psychologically, you can't move on until there is restitution and punishment for the offender.
What was the response to the "call for assistance" regarding court documents? Are some of these documents going to be posted?
Rumor has it more faculty leaving the Yale of Dubuque.
That usually happens in May or June - at any campus
Trial set for first week of July, but UD continues to abuse the legal system with ridiculous appeals, hoping that Dr. Jeffries will give up.
OK, current trial date = first week of july...where? Can visitors observe/enter the chambers?
If visitors can enter, the where is important.
Does anyone know what it means that such a high number of students at UD get Iowa Loans instead of Federal Stanford loans?
Can someone please provide trial info:
1. what is the current start date?
2. where is the courtroom?
Start date is Monday July 9.
Trial is open
Dubuque County Courthouse.
I stopped at the Dubuque County Bldg today to inquire about the start of the trial. As of Thur, 6/28, the trial data is as follows:
Date: jury selection begins Tues 7/10
Time: 9:30 a.m.
Location: Dubuque County Courthouse, 3rd floor, North Courtroom
NOTE: As always in such matters, the above data may change. More specifically there was a motion for something just this a.m. Whatever the motion was, there was no ruling today. Stated differently, I don't know the details or outcomes of today's motion.
This Blog is cross listed from Wiklopedia. I found it this way. I was looking at UD in
Do you think that making an appearance in the courtroom is likely to keep your name on UD's Enemies list?
Yeppers!!!!'
Peter Smith or his spies, will be taking names and kicking a@#!
Re: court appearance and keeping names
Given the culture on campus, anyone who values a paycheck from UD should stay away from court.
Remember, diverse collegial attitudes at UD are given pschological humiliatiation in that traditional academic freedoms are nonexistant.
Rumor has it that UD settled with Upper Iowa. Does anyone know what the outcome was?
Iowa courts online has information about the Jeffries case. Most of it is subscription only, but some things are free. In particular there is a list of filings, and one can infer from them that UD is trying to delay things by engaging in endless appeals and requests for summary judgement.
Re: Upper Iowa Plaintiff v UD Defendent
There were 3 cases listed at Iowa Courts Online; all of which were dismissed on June 14, 2007.
It appears there was an out-of-court settlement.
Knowing UD as I do, I'm betting no one will confess what terms were agreed to. Secrecy is the hallmark of UD, not openness.
If an out-of-court settlement was reached, there is hope that the same outcome will occur w/Dr. Jeffries.
There was definitely a settlement with Upper Iowa. There were no provisions for disclosure. However, informal information is that there was a number with seven zeros after it which means at least ten million dollars--against UD. The respondents were UD, Bullock and other administrators. If I get more info, I will pass it on.
Re: 10 million???
That is a very big number, of which legal counsel gets 1/3rd. Moreover, the alleged 10 million is about 1/3rd of UD's annual budget.
Unless a major donor antes up, UD cannot afford to pay that bill, plus the court costs.
Don't believe it.
This webpage has been hopping in hits the last few days.
As a Dubuquer who cannot risk getting on UD's "hit list" at this time, I will be unable to attend the trial to show support for Paul Jeffries. If only alumni would rise up in protest against the reign of terror!!
Would it be possible for someone who does attend to post a short summary every night?
no court today and the newspaper has an article stating there will be no court appearances for Dr. J or UD...and all are conveniently silent on a settlement.
anyway anyone can find out what happened?
IOWA COURTS ONLINE
Calvin
Been to Iowa Courts Online. Not much on the page. I will try and cut and paste a link
Calvin
This in the Telegraph Herald of 7-10-07:
Tuesday, July 10, 2007
Lawsuit against UD no longer on docket
by TH STAFF
Former University of Dubuque faculty member Paul Jeffries and the university will not face one another in a courtroom, according to documents filed in Dubuque County District Court on Monday.
Jeffries' lawsuit against the university, scheduled for trial starting Thursday, no longer appears on the court docket.
Jeffries, who has since left UD, was an associate professor of philosophy. He now holds the same position at Ripon (Wis.) College.
In October 2005, Jeffries filed suit, claiming the university had offered him tenure, which he accepted, but then terminated his employment without just cause.
The university has responded that it did not breach its contractual obligations with Jeffries.
All the parties involved in the case, including Jeffries, declined to comment when reached Monday.
Are we to conclude the UD blinked twice? Once with Upper Iowa and secondly with Dr. Jeffries?
Anyone know agreement terms for either case?
What is the future of this blog? It seems to have been an important vehicle for the exchange of information among interested parties.
Google Iowa code 677 for description of confess judgement - NOT an out of court settlement.
OK, I googled para 677. What does it mean? How does it pertain to the UD v Jeffries situation?
Iowa courts online says UD filed confess judgement and Jeffries accepted. That is why there will be no trial. This is not an "out of court" settlement with the usual attendant gag conditions.
So, what was the outcome?
Exactly, what does this mean?
How much did UD offer that JEffries accepted? Are there any other terms?
This statement was released by the University of Dubuque today:
August 28, 2007
Re: Jeffries Case Resolution
Regarding the Jeffries matter, a resolution of the case was reached in
July and, with the concurrence of both parties, placed under seal by
Court order. Since unauthorized electronic announcement of the
settlement has been disclosed without the Court's lifting of the seal,
the University was given no choice but, through its attorneys, to
petition the Court to formally lift the seal on this agreement.
The University made an offer to resolve the case using a legal method
known as an "Offer to Confess Judgment" based on advice from legal
counsel. The function of this legal means is to make a settlement offer
with the understanding that if the offer is not accepted and the jury
decides against the person bringing the lawsuit, that person will bear
not only his/her own court costs but those of the person or entity being
sued. Importantly, an "Offer to Confess Judgment" is not an
admission of liability or guilt.
By making an offer by this means, the University afforded Dr. Jeffries
another opportunity to take stock of the strength of his case and bring
it to conclusion with the final chance to minimize his financial
liability.
Dr. Jeffries accepted the University's offer of $50,000, which is ten
percent of his original claim. By accepting this offer, Dr. Jeffries
assumed all responsibility for paying legal fees and litigation costs
that he incurred in pursuing his claim..
When this matter began over two years ago, Dr. Jeffries was offered a
two-year, tenure track contract. When he failed to accept that offer,
the University extended him an offer of the equivalent of one year's
salary and benefits as a severance payment.
After two years of litigation and substantial expense to both sides,
the University, consistent with its principles and the commitment
previously made to Dr. Jeffries, once again offered the monetary
equivalent of one year's salary and benefits. This time Dr. Jeffries
accepted that offer. It is unfortunate that so much time and money had
to be expended by both parties to end exactly where they began two years
ago.
The University believes that it acted throughout in a manner that was
consistent with its contractual obligations and moral commitments. We
believe, as we have from the outset, that the claims had no
justification and that, had the matter gone to trial, the University
would have been exonerated.
We're pleased that the issue has been resolved and with the terms of
the resolution. We wish Dr. Jeffries well.
I find the above release fascinating and a typical public relations move that places favorable 'spin' on UD...as in UD has done no wrong and in fact, tried to 'make it right' from the get-go.
I'm a past student at UD and do not place a high level of credibility on these kinds of UD releases.
Info from UD ought not be trusted.
I do however, accept that any college will try to paint an excellent, upstanding picture of what it is about...except when UD publishes anything.
After all, it was UD that tried to supeana a former student. What does that have to say about UD's level of trust?
In these kind of cases, one of the issues of law is that the defendant has to prove loss of income. Once Jeffries accepted another position, he no longer lost income and would not be able to prove loss. His legal position would have been enhanced had he not accepted another position but that was not realistic.
He would have prevailed on the tenure issue but the University, with its deep pockets, would have appealed and appealed until he ran out of money for legal expenses.
The Board of Trustee will have no "new-found" wisdom and will continue to run rough-shod over any opposition to it. It has ruined the University academically. The evidence is overwhelming: just compare UD faculty with Clarke and Loras faculties with regard to number of Ph.D.s, number of tenured faculty, number of faculty teaching completely in their academic areas of expertise, number of refereed (evaluated by peers in the field) journal articles published, number of books published, number of Fulbright scholarships, etc.
The hubris and ignorance of this Board is astounding and they all deserve impeachment.
Rumor has it that UD lost the legal battle with Upper Iowa and that there are eight figures in the settlement. That means at least $10,000,000. Can Bullock still maintain his position at UD?
Another rumor has it that a Milwaukee head hunter firm is searching for a president for UD and that Bullock will run for Congress as a Republican against Braley in 2008.
You heard it here first!
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