On Friday, May 11, at 2 PM I had to go before the governing body of the faculty organization (MCCFO) to present my request that the Senate grieve the only item left under its discretion--the College's punishment for my alleged (and still unadjudicated) crimes:
1. disruption of the educational process (i.e., my answering student
questions about my 3-day suspension in February, 1999, "in defiance
of" a
gag order forbidding me to speak to students about discipline or the
reasons
therefore. Also, I had wantonly called this gag order "a gag order"
instead
of "a privacy directive;"
2. destroying the "confidentiality rights" of the Complainant by sharing
her redacted complaint with students and faculty [as an illustration
of the
new engine of censorship and oppression];
3. "retaliating" against the Complainant by writing and distributing a satirical lampoon of College and Complainant [especially their attempts to destroy free speech].
I faced some twenty colleagues and the Union's attorney (M. Cousens, whom I'd sued two years ago, for conspiring to destroy my career--and about whom Judge Borman said: "Would you want THIS man defending YOU?", offered in response to College attorney Brady's assertion that Bonnell was "well-represented" by said counsel.). There were also about seven other teachers present as an interested audience. (In the past, such visitors had been ordered out of the room, to "protect" my "privacy rights, even though, throughout this dispute, I've always scorned such a dubious "benefit." On this occasion, prefaced by e-mails to the President of MCCFO and, now, personal affirmation, I pointedly waived my "privacy rights" so that, as F.I.R.E. puts it, the cleansing sun might shine in.)
For the first hour, after setting up of recording equipment, introductions
of non-senators, establishment of rules of procedure, I presented my arguments
as to why so horrific a punishment (half-year suspension without pay) was
wholly inappropriate for so questionable
a catalogue of crimes. I asserted that Cinci's federal panel did not
find that I had, indeed, committed the alleged offenses. The Court "merely"
stated that if a professor should ever perpetrate such outrages, then certainly
the College would have every right and responsibility to take corrective
action. (The Union attorney disputed my interpretation, claiming that,
in effect, the ruling for the College demonstrated my guilt on all counts.)
Then the seven visitors rose to speak on my behalf. I was surprised
and gratified by their courage, for such witness was unprecedented.
Previously, only one colleague, in a strong letter to all faculty, challenged
the Union's conduct in its cooperation with the College's
assault. As they spoke, their emotion (much of it due to intimidation
or fear, I presume) was obvious.
Then each senator (most of them) spoke, saying:
1. It was clear that I had violated the gag order, with the Chief Negotiator, co-owner of the Union, repeatedly badgering me thus: "So, you admit that you spoke to your students, you admit that you knew Mr. MacQueen's directive forbade such conduct, but you proceeded anyway, didn't you? DIDN'T YOU? (The Union attorney agreed that I had committed a violation. I was absolutely obliged to follow the order [I pointed out that I had followed the order, for three weeks, breaking the silence only because the dispute had appeared in the county newspaper and some students had read it and wanted to know what was going on. Even then, I only gave them the two-minute "short version." But any version was still a violation, said the attorney. I then reminded him that I had asked for the Union's position on the seemingly unconstitutional gag order. But the Union put me off for a month, claiming it was waiting this attorney's opinion.] All an employee can do when given a disagreeable order is, comply perfectly and grieve vigorously. [I neglected to point out to them that all my attempts to grieve had been denied; that, presumptively, I would have to remain gagged forever.] But Mr. Cousens reinforced what is becoming increasingly apparent all over the nation--that college professors are rented mouths that must speak whatever management dictates, management, it now being established, having the only valid claim to "academic freedom." …. When I got home, in fact, I read this report in The Chronicle of Higher Education's May 11th issue, about the firing of a professor in the 3rd Circuit: "... in the classroom, the university was the speaker and the professor was the agent of the university for First Amendment purposes," said the court. The infrastructure for the professorial Gulag is almost complete.)
2. My senatorial colleagues then argued that I was indeed guilty of all charges. They professed to be amazed that the College was letting me off so lightly. They were impervious to my plea to consider what precedent they were setting, what jeopardy they were placing themselves and all their colleagues in.
3. Then many of them described their own classroom personae and techniques,
assuring me that I have much to learn about sensitivity and respect. (One
senator said the Complainant had taken two or three of his business courses.
He said "Susie" approached him toward the end of the semester and identified
herself as the Complainant. Susie said she had
never felt comfortable or able to be open in any class since I had
satirized "Virginia," her anonymity-preserving "identity" in the satire,
and "Virginia's" sincere efforts at censorship. I reminded the Senators
that this devastated woman had appeared on the TODAY show in May of 1999,
and that, during her poised appearance, she told the nation that her upset
with
me was over anecdotes I had shared about some comic moments in my own
fumble-ridden sexual history. In distinction from the College, she had
no objection to my language, but only to references to sex, even though
such references were triggered by the literature we were studying. My colleagues
then chastised me for talking about sex in a way that might make ANY student
uncomfortable. A teacher of nursing, for example, said she has occasion
to
talk about sexual function frequently but, because of her respect for
and sensitivity ["I think long and hard before I say what needs to be said"]
to her students, she has never had any complaints against her. When I pointed
out that I have had only one official complaint in 33 years, she was unimpressed.
[This same woman audibly sighed, at the beginning of this, my
latest ordeal: "I hope THIS doesn't take all day!"]
4. Another speaker, a teacher still on probation (and hardly at liberty to disagree with the College or its most important bureau--the Union) went on at great and highly emotional lengths about how he had had to suffer at the hands of unruly students as the adjunct replacement for a dislodged full-timer. Somehow, my violating the gag order was involved in his four months of pain years before. He went on to say, as a teacher of political science, how critical it was for him, and hence for every teacher worthy of the name, to censor himself every moment in the classroom, no matter what the cost in stress--no, in agony. When each class ends, he's almost paralyzed by muscular tightness, particularly in the region of chest and heart.
5. Then, to conclude the two-hour session,
one of the Grievance Coordinators pointed out
that I have never exhibited any remorse, that, even during this very meeting,
there were no signs of contrition or clues that I had learned anything
of reformative value. Perhaps a half-year suspension was insufficient to
get my attention; perhaps a more drastic punishment was
indicated. In his peroration, he confessed that the Virginia
satire "was the most disgusting thing I have ever seen in my life."
After some debate as to how to formulate a motion, or whether to divide the motion so as to permit a vote on each crime and its punishment (defeated), a roll call vote was conducted. As with two previous requests of mine for grievance more than two years ago, the motion was framed as a positive-negative, so that YES meant NO (support denied). The tally was 16 YES, 2 NO, 1 abstention, 2 absent.
AFTERWORD [NOT IN THE ORIGINAL]: The President, also acting as
chairperson, subjected one of the visiting teachers to typical sarcasm
and an attempted reduction to embarrassment. This teacher had been
one of three censored by the College a year and a half ago. The College
ordered them to remove the word "Violence" from a conference they had conducted
successfully for five straight years: Conflict and Violence Resolution
Conference. It was less than a week before the conference's commencement,
such that resistance or delay by the teachers would effectively terminate
the event. Numerous commitments to various speakers, some traveling
from out-of-state, had already been made. The professors acquiesced.
Before I had known of this compliance, I had approached this man, this
top Union official. He suggested that the teachers involved contact
him; maybe the Senate should be advised. But the three teachers decided
that it was better to swallow hard and save the conference. They
might have had reservations about the Union's commitment to act swiftly
in the interests of freedom. These teachers have never made much
of this act of oppression, of censorship, but I have. Now, the President
was implying that, since the teachers never resisted, perhaps it was a
virtual non-event and all parties had best shut up about it.
An unrelated event one year later: The
Chief Negotiator cited above addressed the assembled faculty in January,
2001. There was to be contract negotiations, for the first time in
perhaps ten years. When asked what the language in the Collective
Bargaining Agreement meant where it asserts--as the first of enumerated
TEACHERS' RIGHTS-- that "the teacher shall be entitled to freedom of discussion
within the classroom on all matters which he considers relevant," this
man said that he had no idea. He said he had not been on the negotiating
team thirty years ago when such terms were installed. He said it
would have to be left to some arbitrator or some judge to tell us what
they mean. A new contract was approved on Wednesday, May 9, 2001.
The above language remains undisturbed. However, perhaps the Chief
Negotiator was correctly cautious, now that Cincinnati has spoken.
There is no freedom of speech in Michigan, Ohio, Kentucky or Tennessee
for any college professor who says anything any complaining student doesn't
like, or anything the parent of any student doesn't like, or anything any
high administrator doesn't like. The contractual language is a fossilized
reminder of that vigorous but brief excursion into free expression that
characterized the Sixties and the Seventies. The First Amendment
is evidently dying of old age, or it dies because no one with judicial
power utters anything but empty platitudes in its defense.