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PSYART  March 1998, Week 2

PSYART March 1998, Week 2

Subject:

Re: Adjuncts, etc. (fwd) (fwd) (fwd) (fwd) (fwd) (fwd) (fwd) (fwd)

From:

Norm Holland <[log in to unmask]>

Reply-To:

Institute for Psychological Study of the Arts <[log in to unmask]>

Date:

Sun, 8 Mar 1998 21:03:44 EST

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (134 lines)

From: Patsloane <[log in to unmask]>
Date: Sat, 7 Mar 1998 14:10:38 EST

> She tried all of the remedies so officiously  suggested to her.  Apparently
her
> description of the process was ignored.   She
>  gave a formal complaint to the responsible college administrator; she asked
> for  an investigation; she sought advice from a lawyer; she called the EEOC
> Office;  she appealed to her colleagues.  The support was minimal, and the
> administrative  response punitive, but sneaky enough to be virtually
impossible to
> prove.   Her  courses were merely eliminated.  Whether or not the situation
could be
> LEGALLY  described as actionable sexual harrassment is debatable, as Ms.
Elkins
> pointed  out.  She was put in an especially difficult position because the
other
> female  adjuncts who had also received discriminatory treatment declined to
formally
>  complain (again--some had before).

Katherine

My point was informational, and from long experience. It was not meant for
eoither you or your friend to  take personally. It's easy to talk about
"fighting," but people sometimes don't realize the degree of persistence
required. If the Dean ("responsible college administrator") refuses to
investigate, one goes to the college president, and after that to one's
Congressman or other political representative.

Your friend found that every lawyer in town worked for the university. One
goes, then, to the next town, until one finds a lawyer who doesn't work for
the university. In the highly unlikely event that no attorney can be found
within 500 miles who doesn't work for the university, one has a right to go to
court one's self without an attorney, and many people have done this, and I
have done this.  If murderers and rapists can sit in jail reading lawbooks and
filing their own cases, the skill is not beyond those with academic training.
The Federal Courts all have pro se clerks, whose job is to assist the many
people who file in those courts without attorneys. Though I'd not recommend
this rather harrowing extreme to everyone, and it's never to be considered
unless there's absolutely no other way, be aware of the possibility.  One
strategy is to go to a law library and ask the librarian for assistance in
finding the right form for filing in whatever court one intends to file in.
The next step is to rewrite one's complaint in the form required by that
court.

Most of the court cases filed by individuals without attorneys come from very
poor (and not necessarily educated) people in desparate circumestances, who
can't afford the luxury of saying they can't do it. My favorite New York case
was a woman who was turned down for a city job and told she was too fat. She
went right into Supreme Court without a lawyer, sued the City, and won her
case. I love people who do the things that are supposed to be impossible to
do.

On less extravagant ways of taking action, the EEOC failed to return Ms.
Elkin's  call. One calls again (or goes to the office in person), and one
phones the Washington office of EEOC if necessary.  Wouldn't her congressman
be interested in hearing that one of his constituents was not getting the
service to which she is entitled from the EEOC? Does your state have a Human
Rights Commission?  If so, were they contacted? Is there any particular reason
the AAUP was not notified? With one proviso (below), this seems to be an AAUP
kind of case.  Was a complaint filed with the affirmative action officer at
your college? Every college is required by law to have an Affirmative Action
Officer. If they don't, or the person doesn't investigate, add that to your
complaint.  Was the ACLU contacted?

BTW, anyone teaching in a college should have a copy of the college's Bylaws,
and of the union contract if any. You need to read (memorize?) these documents
to see what your rights and remedies are at the college.

Proviso per above.  Filing a complaint, whether in a court, through a union,
or individually, is rather like a chess game. One has to be cool and logical.
Not easy, when one is probably upset by whatever has happened. But try. You'll
be expected to prove every charge you make. So resist the temptation to
angrily make exagerrated accusations you'll never be able to prove.  Also
avoid attacking (and slandering) individuals. You don't want to make yourself
look like a spiteful individual acting out  a personal grudge,  rather than a
reasonable person with a legitimate complaint.  If you were replaced by a
person with less qualifications, says so. Submit your resume and demand a copy
of theirs. Let the judge decide why your were replaced by a less qualified
person, if in fact this is what happened.  I'd stay away from all this
speculation about whether the dean wanted your replacement  as a sexual
slave--unless of course the person moved right into the dean's house and
became his mistress the moment she got the job.  Anyway, the question of
relative qualiifations is so important that you don't want to distract from it
by all this guesswork about people's sexual preferences and motivations.
Stick to what people actually said and did.

That was why I asked immediately if there had been any overt sexual advances
by this dean. Was he fondling, touching, making inappropraite remarks, etc. As
he wasn't, give it up on trying to cook up that kind of case against him.
Maybe you need a clearer idea of what discrimination actually is, according to
the law. Have you collected data (from the school cartalogue) on how many men
and how many women teach at your college, and what their ranks are? Many or
most discrimination cases are won on this kind of data.  Whether you school
has a pattern of underpaying women is much more important than whether your
dean is an evil person.

Not necessary to use the word "sex" in every other sentence. Katherine says
(above) that her friend's job was eliminated after a complaint was filed.
Don't bother trying to paint this as sexual harrassment, because it isn't
(though it could be part of a pattern of sexual harrassment). It's called
retaliation, it's often expressly forbidden by law, bylaw, or contract, and
one presents it on that basis. This is the date I filed my complaint, this is
the date my job was eliminated, I believe my job was eliminated in retaliation
for my filing a complaint, etc. BTW, this item is somewhat confusing. Was she
replaced by a less qualified person or was her job eliminated?  I don't see
how it could be both at once.

Also, is this a recent incident, or something that happened many years ago?
Your friend's last post implies that she no longer wants her job back, and has
moved on to other things.  So I guess this is all hypothetical.  Were it an
actual situation, I'd question how much is solved by your searching your
conscience. A good beginning indeed, but lots more is needed, and there's
lot's more you can do.  At universities, what goes on behind the scenes is
important--people talking to people.  Nothing is stopping you from drumming up
support for your friend, which is more or less an act of diplomacy. Or call it
acting on your conscience, which is the next step after discovering you have a
conscience. If you can sell the idea that this is a good person who wasn't
treated fairly, there's no law against the university hiring her back. Happens
all the time.

You may or may not be willing to put out the effort.  Damage control may be
needed.  I wish your friend had decided at an early date what her priorities
actually are.  If she wanted to keep her job, which would have had her back
working for that very same dean, I don't know if it was too wise to make clear
the man is so despicable she couldn't possibly work for him.  We all (or most
of us) have rotten tempers and we all vent rage.  My experience has been that
uncontrolled rage makes more problems than it solves.  The effective way to
fight the system is to get one's fury under control, and try to the best of
one's ability to be a good chess player.  If this approach doesn't appeal to
you, then of course you'll want to ignore what I've said.

pat sloane

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October 2005, Week 1
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January 2005, Week 1
December 2004, Week 5
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October 2004, Week 5
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April 2004, Week 5
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March 2004, Week 5
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June 2002, Week 1
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April 2002, Week 1
March 2002, Week 5
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March 2002, Week 1
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January 2002, Week 2
January 2002, Week 1
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October 2001, Week 2
October 2001, Week 1
September 2001, Week 5
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September 2001, Week 2
September 2001, Week 1
August 2001, Week 5
August 2001, Week 4
August 2001, Week 3
August 2001, Week 2
August 2001, Week 1
July 2001, Week 4
July 2001, Week 3
July 2001, Week 2
July 2001, Week 1
June 2001, Week 5
June 2001, Week 4
June 2001, Week 3
June 2001, Week 2
June 2001, Week 1
May 2001, Week 5
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April 2001, Week 5
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April 2001, Week 1
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March 2001, Week 1
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January 2001, Week 1
December 2000, Week 5
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December 1999, Week 5
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September 1999, Week 5
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December 1998, Week 5
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October 1998, Week 1
September 1998, Week 5
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April 1998, Week 5
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December 1997, Week 5
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