Chapter 35

When Stacy had been excused, the chair was ready to adjourn.

On the advice of her attorney, Diana requested that it be on

the record that, Anuse, one of the panel members had acted

throughout the hearing in a manner prejudicial and threatening

to Diana and to her witnesses.

Henry was livid with anger. "You are out of order. You are

making statements about people on the committee that has

nothing to do with this. Your comment will not be entered

and the committee will disregard it."

How typical of that woman to state the obvious, he fumed inwardly.

Always before, while ruling, he had kept his cool and at least

glanced at the panel members for assent or dissent. This time

he ably demonstrated that the show of democratic procedure was only that--

a show. Damn her. She had unglued him that time.

In any event, Diana was refused permission to enter the

evidence she had that would have shown that Anuse was biased.

Next, Diana reviewed the poor performance given by the document examiner.

"He testified that he could not make a decision on the first set of exemplars

sent him. Then when he was sent twenty years' worth of documents containing

the handwriting of multiple individuals, he claimed that he disregarded most

of it. She went over all of the individual letters in the `suspect'

evaluations that Avery had not been able to match with anything

in the writing he used as standards. "This shows that there were

as many non-matches as matches in his presentation."

The panel listened passively, then Henry asked if that was

her final statement.

"No," she answered. "I shall read that now." She picked up

the paper which had been written mostly by her attorney and

edited by her. It was designed to get the legal points on the

record so that they could be presented later in a court of law.

"We are at the end of another hearing and it is a grim

page in the rights of faculty members of this university.

I have been tried by a committee which is chaired by the

prosecuting official. He has reopened proceedings,

engaged in ex parte communications, received legal advice

from the prosecution's lawyer and denied me the opportunity

to even examine the evidence against me.

"A faculty member at any state college, and indeed, a mail room

employee in the state Motor Vehicle Department would have more rights

than you have given me."

Henry tuned her out. All this legal stuff, he thought, is just

to give her attorney crap to fill a brief. Murrain had told him

this would probably happen. Now, what's this? Alertly, Henry listened.

"There are strong reasons to believe this panel has operated

in violation of my state and federal rights. If this committee

does not end this unfortunate proceeding, the U.S. District Court

will finally have to determine these issues.

"This committee, at the last hearing, made several

promises to me and I was fool enough to believe them.

It said that it would issue a decision within a few weeks;

instead, it launched a new investigation of its own without

my knowledge or participation which consumed over half a year.

Second, this committee assured me that I would not be affected by

these charges as I continued my teaching assignments in the department.

`Go back to work,' you all assured me at the last hearing.

`Everything is taken care of.' I went back and was ordered to

move out of my office into a corner of the nutrition teaching lab.

I was denied a telephone and given no help in moving my things.

My name has been removed from the department mail boxes

and department meetings are held when I am teaching classes.

For these many months, while you reopened the investigation

behind my back, I have been a non-person in my department."

Jane shifted in her chair uneasily. She recalled how all

of these promises had been made when the panel had ended the

first hearing. In fact, she had made some of them herself. It

had seemed then, she reflected, that the evidence against Diana

was inconclusive and that the majority of the panel felt this was

so. She had expected that just a simple vote of the panel would

send Diana back to her classroom where she belonged.

"I have served this university for nearly a quarter-century.

Students have consistently reviewed my efforts favorably

and that is a source of much consternation in my department.

The entire central administration is prosecuting me,

angered because I insisted on minimal rights. For example:

I refused to have my job eliminated or my copyrighted manual

used without my consent. They are determined to terminate me

and have spared no resources in support of that goal.

It would appear that some of these efforts violate my rights

under state law, federal law, and the Constitution.

That's really what it's all about, decided Annette, as she kept

her head lowered and her eyes fastened on the unseen files before her.

Violation of her rights. Violation of my rights to freely consider

the evidence both for and against her and render an impartial judgment.

"I believe this case represents what is in store for a person

who does not remain in the favor of those who determine policy

for this university.

"I have been accused of writing seven SmurFFs over a two

year period. Only five of these seven were alleged to have been

detrimental to two faculty men, Ian and Randy. This is five out

of the six to eight hundred submitted for medical radiology

during that time. At a minimum, even were these charges true,

the misconduct of which I am accused would be dishonesty, but of

a variety with no real import or effect."

Diana stopped and reached for the glass of water in front

of her. I wish I could tell these people what it has been like

working here in this university for the last twenty-five years.

If they would only listen, I'd throw out this prepared statement

in a flash and start with. . .her thoughts went back only a very

few years, to before the affirmative action laws.

She recalled vividly how she was treated, what women were

subjected to--still subjected to, she amended, wryly.

Lewd, suggestive poses of women in every lab and office.

Huge posters on many doors facing the hallways.

Projections via slides of scantily or unclothed women

in provocative poses that were used to "illustrate"

lecture material and treated with derision by the male lecturer.

We couldn't complain because we were told that if we didn't like it

we could leave. We were told that this activity was normal and healthy.

We were told that if we found it offensive, we must be `queer'.

And then that wonderful day when Sally, a woman graduate student,

found and placed on her door, a large full length picture of an unclad male.

He was young and pleasant looking--like the boy next door.

No suggestiveness here. Just the human male form.

His penis hung quietly from his pelvis, as unremarkable

and vulnerable as the breast of an old woman.

But what an uproar it caused. The men were furious.

They clucked and cackled like a bunch of biddy hens

which had been surprised by a predator's invasion of the hen house.

Diana held the glass to her mouth for a few moments more even though

she was not drinking to stifle the smile that was trying to force

itself into being from the memory.

The offending poster was quickly torn down, torn up and

still the cacophony continued unabated. That is, until Sally

was called in to the NERD chairman's office. When she emerged,

she packed up her belongings and left. Of course, we can't have

that kind of sexual depravity continue. The men were certainly

united in that decision. How quickly and easily they can fire

women for whatever men define as impropriety.

She continued with her statement. "We have seen no evidence that

any faculty were injured by those SmurFFs. The evaluations that had

an impact were the hundreds of evaluations that we have not seen

despite my efforts to have them made available for this hearing.

If these faculty had problems, it was with their teaching.

"There is no evidence or any proof as to when, or even if,

these seven SmurFFs were submitted.

"The administration has not shown any motive on my part to

fabricate and submit them. What I am really accused of is

manipulating student opinion to deny Ian and Randy tenure,

when, in fact, neither have been denied tenure and I have not

manipulated student opinion. If student evaluations improved

the year that I did not teach in the course, it was in part

because previous criticisms have been taken to heart and teaching

improved in the course. And also because Ian specifically

instructed the students to make only positive comments.

You could verify this by talking to the medical students,

but you are not allowed to."

Esther tried to follow Diana's words and rebut each point

as she heard it but was overcome by the simple truth of

what she was hearing. She, too, had been convinced that the

handwriting evidence was not to be trusted. One of the people in

her department had once worked at NERD. She had confirmed the status

of Diana in the department and corroborated what she had told the panel.

Esther shrugged. Too bad, can't be helped, she thought.

"Evidence was introduced at this hearing without being authenticated.

Hundreds of SmurFFs were described but shown to no one.

Professional witnesses were used against me yet I was not allowed

to have an attorney cross-examine them. And the ultimate injustice

is that the prosecution official is the chair of the hearing panel!

"I do not believe that I ever had a chance in these proceedings.

If the administration's evidence is insufficient, you reopen

the hearing and get more, using unauthenticated material.

If I am effectively questioning a witness, interrupt me,

as you did countless times. If there is evidence on my behalf,

you deny it to me."

Frank Anuse was delightedly and avidly listening to Diana's

closing statement. God, he thought. You can sure tell that it

was written by a lawyer and he's pulled out all the stops.

What a tear jerker, he judged, cynically. As if any of what

she was saying mattered. The facts were that we decide what

will be correct, not the stupid courts. Besides, she's getting

what she deserves after what she put me through with that complaint

to the Affirmative Action Office because I didn't interview male

applicants for positions in my department. He raged inwardly as

he remembered the time he had to spend to comply with the order

to produce all of his records and defend all of his placements.

Damned uppity bitch.

"This panel has simply followed the lead of the prosecutor,

Henry Tarbuck, and allowed him to continue to dictate to you

without question--without thought of equal treatment.

"I am aware, as you are, that a male faculty member was recently

convicted of child molesting, given a leave of absence and then

replaced in his position without loss of pay or tenure.

Is what you accuse me of doing worse than child molestation?"

Diana let the question hang in the air for several moments

while she looked at the panel. Only Henry and Anuse returned

her gaze, the women kept their eyes steadfastly on their papers

which they held like shields before them. Useless, she thought,

then aloud said, "Thank you. I have concluded my statement."

"I would like to clarify a few things," Henry began pontifically.

"The record will show that the remarks you have made are your opinions.

We will not respond to them. I want to make it clear, however,

that I am a chairman of a committee of the faculty--not the prosecutor."

There, he thought selfrighteously, that will show her that I can quote

my lawyer too.

"Secondly, we do not decide anything. We will not recommend anything.

We are merely the investigating committee which makes the report."

Wild Justice · 第 35 / 41 章