July 18, 2009

Colleges shell out €7m for bitter internal staff disputes

Irish colleges have wasted in excess of €7m dealing with bitter and complex internal staff disputes despite the recession, new figures obtained by the Sunday Independent reveal.

Several universities have been involved in lengthy disputes with members of staff and new information reveals an alarming number of bullying and harassment claims from within the country's leading colleges.

Well-placed sources have revealed that over 30 complaints of bullying and harassment are being investigated in several of Ireland's colleges.

Fine Gael's education spokesman Brian Hayes has called on Education Minister Batt O'Keeffe to force the colleges to engage in mediation before wasting money on expensive court cases.

Last week, Dublin City University went to the Supreme Court to try to sack one of its professors, despite being told in the High Court that it acted illegally. To date, DCU has spent around €1.5m in costs and legal fees to deal with the case in which it sought to dismiss Professor Paul Cahill, who disputes the college's claims.

Athlone Institute of Technology has spent over €840,000 in dealing with complaints of bullying and harassment since 2000.

A total of €841,190 was spent by the institute since 2000 on costs relating to the handling of allegations of bullying and/or harassment, including one out-of-court settlement amounting to €54,450. The €840,000 was spent on administration of eight formal complaints of bullying/harassment lodged with the institute, meaning an average of €105,000 was spent in dealing with each case. The institute said that no informal complaints of bullying or harassment had been made since 2000.

The total cost included €340,246 on legal fees, €140,778 on investigation and mediation fees, €291,909 on stenography services and €13,357 on the hire of facilities.

Trinity College Dublin has for several years now been embroiled in a costly dispute with one of its most distinguished English academics, Dr Gerald Morgan. To date the college has said that its legal fees on the case amount to over €100,000 but it is thought to have spent more than €300,000 on the Morgan case. Dr Morgan has denied any wrongdoing.

A number of years ago, University College, Dublin, handed out over €40,000 in payments to a staff member who accused one of her male colleagues of harassment.

This money was on top of significant legal and other associated costs racked up in the handling of the case.

Brian Hayes, Fine Gael's education spokesman, said it is no longer acceptable that the taxpayer should have to shell out on these lengthy disputes and called on Mr O'Keeffe to ensure such rows are not allowed to fester.

He said: "The only ones who win are the lawyers and those who get the payouts. Why the hell should taxpayers be expected to pick up the tab for all this mess?"

Mr O'Keeffe's spokesman said that there are considerable processes in place within the colleges to deal with such bitter disputes, but conceded that sometimes they can be costly to deal with.

He told the Sunday Independent: "People have rights and they're entitled to due process. We must always respect and appreciate that. Allegations of bullying and harassment, by their nature, can sometimes be lengthy and costly to investigate.''

"Of course, it would be desirable that any employer, whether public or private sector, would strive to have well developed human resources structures in place in order to avoid such cases arising in the first place," he said.

From: http://www.independent.ie
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Does HEFCE, or UCU or any other relevant body for that matter, have any figures on how much money English HEIs have wasted on dealing with complaints of bullying and harassment? The figure is likely to be much higher than €7m...

Prince William's 'bullying' dean is investigated by the RAF

Mandrake can disclose that the Ministry of Defence is carrying out an investigation into claims that the dean, Dr Joel Hayward, bullied and harassed members of staff. One of the college's few women lecturers has confirmed that she left after initiating a formal grievance procedure against him.

Dr Hayward was the author of a controversial master's degree thesis in which he appeared to claim that far fewer Jews were killed by the Nazis than generally thought. An inquiry by the University of Canterbury, in New Zealand, found the thesis to be flawed but not fraudulent.An MoD spokesman says: "I can confirm that there is an investigation into claims of bullying and harassment." Dr Bettina Renz verifies that she left her job at Cranwell two years ago after complaining about Dr Hayward, who is the head of studies at the Lincolnshire college.

Dr Renz, who is now a lecturer in international security at the University of Nottingham, declines, however, to discuss her departure, which is understood to have followed a grievance procedure against him. "I can't get involved in this again," she says. Mandrake understands that the MoD is currently investigating further complaints against him by another lecturer, Dr Gary Burford. Dr Hayward confirms that the investigation is taking place, but denies that a restraining order has been taken out against him by Dr Burford's lawyers.

Last year, I reported that Dr Hayward had been accused by a number of staff of acting in a dictatorial manner and imposing unreasonable working conditions. Their complaints were examined by the principal of King's College London, which holds a contract with the MoD to run academic courses for officers at Cranwell.

A spokesman for King's declines to discuss the results of its inquiries, saying it "does not discuss internal staff issues externally". Dr Hayward says he "cannot possibly comment", adding: "The fact that I have been here for three and a half years should speak for itself."

From: http://www.telegraph.co.uk

July 14, 2009

Mobbing and Psychological Terror at Workplaces


In recent years, the existence of a significant problem in workplaces has been documented in Sweden and other countries. It involves employees "ganging up" on a target employee and subjecting him or her to psychological harassment. This "mobbing" behavior results in severe psychological and occupational consequences for the victim...

This phenomena has been called "mobbing," "ganging up on someone" or psychic terror. It occurs as schisms, where the victim is subjected to a systematic stigmatizing through, inter alia, injustices (encroachment of a person's rights), which after a few years can mean that the person in question is unable to find employment in his/her specific trade. Those responsible for this tragic destiny can either be workmates or management...

Psychical terror or mobbing in working life means hostile and unethical communication which is directed in a systematic way by one or a number of persons mainly toward one individual. There are also cases where such mobbing is mutual until one of the participants becomes the underdog. These actions take place often (almost every day) and over a long period (at least for six months) and, because of this frequency and duration, result in considerable psychic, psychosomatic and social misery. This definition eliminates temporary conflicts and focuses on the transition zone where the psychosocial situation starts to result in psychiatric and/or psychosomatic pathological states...

It seems to be a general clinical experience among physicians working in occupational health departments that immediate and grave psychosomatic effects can be observed. I have located the number of suicides having this background as being between 100 and 300; this means that about 10% -15% of the total number of suicides in Sweden each year have this type of background...

My experience, gained from insight into a large number of conflicts, is that legal matters are not usually a hindrance. Often the weaker party, the one threatened with expulsion, wants some sort of honorable rehabilitation or an assurance that s/he was not solely the guilty party in the conflict. It is puzzling that we have never found a single case where the employer, as the other party, could find himself at fault and give the employee some redress for wrongs suffered. Usually, in cases where the conflict has gotten completely out of hand, the employer representative demands some form of .total capitulation to his demands. As I have said, my experience inclines me to think that this kind of experienced violation is the factor which drives the situation to its climax...

From: Heinz Leymann, “Mobbing and Psychological Terror at Workplaces,” Violence and Victims 5 (1990), 119-126, available at: http://www.mobbingportal.com/leymannmain.html

July 11, 2009

Guide for Members of Higher Education Governing Bodies in the UK - Guidance on Whistleblowing

1. Universities and colleges of higher education, like other public bodies, have a duty to conduct their affairs in a responsible and transparent way and to take into account both the requirements of funding bodies (including of course the Funding Councils) and the standards set out in the reports of the Committee on Standards in Public Life. In addition, they are committed to the principles of academic freedom embodied in their own charters, statutes and articles of government, and enshrined in the Education Reform Act 1988.

2. Members of staff are often the first to know when things are going wrong in an institution, whether this concerns financial malpractice, the abrogation of appropriate and agreed procedures, or departures from the statutory or other requirements for good governance. All institutions should establish official channels through which such concerns can be raised, for example through heads of department, at official committees, or through staff representatives, including the accredited trades unions. In the normal course of events, concerns should be raised through these channels. But members of staff often feel, rightly or wrongly, that their own position in the institution will be jeopardised if they raise a particular concern in this way, and sometimes the usual channels may indeed be inappropriate.

3. Good practice would suggest that:

a. Allegations of injustice or discrimination against individuals should be dealt with under established procedures approved by the governing body or, if it is a student grievance, through the machinery established by the institution for this purpose.

b. Allegations about an individual’s financial conduct should normally be made to the head of internal audit. He/she is required to have direct reporting relationships both with the vice-chancellor/principal/chief executive, as the officer designated by the governing body and by the Funding Council to be accountable for the control of the institution’s funds, and with the audit committee established by the governing body. Internal audit should investigate the allegation and report to a higher authority as appropriate. Where, for whatever reason, the person making the allegation considers it inappropriate to make it to the head of internal audit, the provisions of sub-paragraph c apply.

c. Allegations about other issues could concern, for example, the behaviour of a senior officer of the institution, or a lay/independent member of the governing body, or the propriety of committee or other collective decisions. Such allegations should be made, as the person making the allegation deems appropriate, to the vice-chancellor/principal/chief executive, or to the secretary/registrar/clerk to the governing body, or to the chair of the governing body. If for any reason none of these individuals is deemed to be appropriate, the allegation should be made to the chair of the audit committee.

4. In any case where an allegation is made under sub-paragraphs 3b and 3c, the person to whom the allegation is made should make a record of its receipt and of what action is taken. Any allegation made under this procedure shall normally be the subject of a preliminary investigation either by the person to whom the allegation is made or more usually by a person or persons appointed by him/her. Institutions should take steps to ensure that investigations are not carried out by the person who may ultimately have to reach a decision on the matter. Where no investigation is carried out, and the allegation is effectively dismissed, the person making the allegation should be informed and given the opportunity to repeat the allegation to some other person or authority within the institution. This need not be done where an allegation is dismissed after an investigation. The person or persons against whom the allegation is made must also be told of it and the evidence supporting it. They should be allowed to comment before the investigation is concluded and a report made. The results of the investigation shall be reported to the audit committee.

5. Any person making an allegation under sub-paragraphs 3b or 3c should be guaranteed that the allegation will be regarded as confidential to the receiver until a formal investigation is launched. Thereafter, the identity of the person making the allegation may be kept confidential, if requested, unless this is incompatible with a fair investigation, or if there is an overriding reason for disclosure (for example, if police involvement is required). Provided the allegation has been made lawfully, without malice and in the public interest, the employment position of the person should not be disadvantaged because he/she made the allegation.

6. Institutions may wish to consider using the policy checklist proposed by Public Concern at Work so far as it applies to higher education institutions.

March 2009
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Lots of wishful thinking above, and assumptions that HEIs can self-govern according to the principles above, nevertheless worth knowing so we can try to hold them accountable.

From: http://www.hefce.ac.uk

July 05, 2009

Open letter

An extract from an open letter to my prestigious research university – prompted by Carl’s death. I apologise to friends and family of Carl for using the space in the way that I have done. I hope you will understand. I think Carl would have done.

…these practices feel relentless and yet you claim there is no evidence of workplace bullying. As teachers we know that until you get the behaviour right it is impossible to achieve any real learning. If you can’t 'get the behaviour right', with the support of some of the governors, then I don’t believe anyone can. The power is in your hands.

We have to address the reality and speak the truth; that requires both courage and trust – a philosophical opportunity to review what is happening. Not just using the jargon without touching real life.

Cases of alleged workplace bullying such as mine (and Carl’s) are very serious. You know that.

I do not know if you are aware of the case at Solent University which is currently being debated on the Times Higher blog. There are some links to my case so you may find it useful to review what is being said.

I can assure both you and the university that I am mentally very strong so I would assure you that there is no danger that I would take my own life as Carl has done. In saying this I do not mean any disrespect to Carl - in some ways his death has helped me. It could so easily have been the other way round. However – I do believe that the university – key members of senior management - have taken completely unacceptable risks with regard to my ability to cope with this situation.

On the Times Higher blog you will see reference to Carl’s university and the kind of debates that his death has prompted in this space that new technology has created. There is also testimony from a close friend of Carl’s – both on this blog and the Times Higher blog. She describes the effects of the long-term humiliation on Carl – crying in his kitchen after yet another meeting where he had been humiliated.

In the end he could no longer cope with the pain and took his own life. We can read about the response of the university – their defence that no one had taken out a grievance against the manager of Carl’s department.

There are others – Diana Winstanly from Kingston – whose death is recorded somewhere on this blog. My pain is also recorded on this blog - over a period of years. This blog has been and continues to be my lifeline in my darkest and bleakest moments… when the bottle of pills seems so tempting.

Carl’s close friend is now under police surveillance and cannot defend herself. The state too colludes it would seem in these cases. She has been threatened 3 times with legal action by the university... 1984 is alive and well.

As you have agreed – cases of workplace bullying are very serious. As is evidenced by Carl’s case they can spiral out of control in ways that cannot be foreseen. – sometimes with a tragic loss of life.

I would agree that spaces such as blogs are not the best place to debate these issues – yet they are the only spaces available for those of us who believe that we are targets of workplace bullying.

Silence and denial is not the way forward. I would ask that the university…

**********************************

I cannot include any more as that would reveal to my university who I am.

I would urge anyone who is concerned about workplace bullying to speak out in their university - find someone with the power and the courage to help you.

Write a letter to you MP.

Write to anyone who has the power to take this issue forward before we have any more deaths.

In solidarity - and thinking of you Carl - that last walk...

Aphra Behn

July 01, 2009

Bullying and suicide, Part 2

...Some victims of bullying pay the ultimate price by taking their own lives. There have been some attempts to estimate the number of suicides linked to workplace bullying but these attempts have been speculative as few people take their own lives for one single reason. This should not be taken as an indication that we think the numbers insubstantial or not worth worrying about. On the contrary, the seriousness of the problem is expressed in one Norwegian study which concluded that as many as 40 per cent of the most frequently bullied victims admitted to having contemplated suicide at some stage...

From: Workplace Bullying, what we know, who is to blame, and what can we do?

Bullying and suicide

Britain has one of the highest suicide rates in Europe. Each year in the UK over 5000 people take their life. The Samaritans estimate that in the UK there is a suicide every 82 minutes. The charity Depression Alliance estimates that each year there are around 19,000 suicide attempts by UK adolescents whilst more than 2 million children attend GP's surgeries with some kind of psychological or emotional problem.

Each day, two people under the age of 24 commit suicide. In 1997, 1757 young adult males committed suicide whilst only 412 females committed suicide. One reason is thought to be because males choose more lethal (and thus successful) methods of suicide such as hanging, shooting or jumping in front of a train. Around 200 people commit suicide by train every year, with another 50 killing themselves on the London underground. The death of Brian Drysdale at Ufton Nervet in Berkshire in November 2004 was believed to be a suicide. In the UK, suicide has taken over from road accidents as the number one cause of death for young adult males in the age range 18-24.

Suicide statistics show that in the UK at least 16 children kill themselves each year because they are being bullied at school and no-one in authority is doing anything about it. The number of adults who commit suicide because of bullying, harassment and violence is unknown, but my guess is that bullying is a factor in a significant number of these 5000 suicides.

The suicide rate for 18-24-year-old males has jumped from 58 deaths per million of population in 1974 to 170 deaths per million in 1997. In October 1999, the government reported that the number of young males who commit suicide each year in the UK had doubled over the last ten years. With the support of other organisations including the Football Association, the government announced a programme aiming to cut the suicide rate by at least 25% in 10 years. One of the problems of young male suicide identified was men's reluctance to confide their problems in others, even their peers.

In inner city areas, over 43% of children have considered suicide and one in six children under the age of 11 have attempted suicide. Common causes cited include bullying, abuse, poverty, homelessness, and alcohol abuse.

France also has a high suicide rate; each year there are around around 200,000 attempted suicides by 15-25-year-olds, including 40-60,000 suicide attempts serious enough to warrant hospitalisation, and around 800 successful suicides.

A UK Mental Health Foundation survey published in February 2001 revealed that half of university students showed signs of clinical anxiety whilst more than 10% suffered from clinical depression. Although specific causes are hard to identify, those most often cited include student loans and debt, bullying, constant academic expectations through tests and exams, plus the sudden pressures of being away from home.

From: http://www.bullyonline.org

Bullying of lecturers in Higher Education

Callers from the education sector including universities have accounted for around 20% of all calls and enquiries to Bully OnLine since 1996. A survey published in the Times Higher Education Supplement (THES) on 16 September 2005 found the bullying is common in the academic workplace, with 40% or respondents saying they were currently the target of bullying. Lead researcher Petra Boynton, a University College London psychologist, uncovered 800 almost identical cases of bullying.

The survey revealed that those most likely to report being bullied were in the caring or support professions, such as social sciences - particularly psychology - health and medicine and academic support or human resources. It also indicated that senior academic staff - senior lecturers and professors - are as likely to be bullied as junior or contract staff. University HR departments, rather than helping victims, were seen by respondents as protecting institutions and bullies.

From: http://www.bullyonline.org

June 28, 2009

Southampton Solent University: BE AWARE the bullies are still there

http://www.dailyecho.co.uk/news/4413904.print/

http://www.timeshighereducation.co.uk/story.asp?storycode=406935&encCode=391969851BC33319875JTBS737226611


I worked at Solent for three years with Carl and he was much loved and respected by his peers and his students, it was always a mystery why the middle management constantly humiliated him. I left Solent after being put on an unsubstantiated disciplinary by the same manager that bullied treated Carl with so little respect. I fought my corner and the disciplinary was dropped to a verbal warning (the minimum possible).

At that point I was quite within my rights to take out a grievance against the manager responsible but Solent offered me a compromise agreement and a fat payoff to go away. After a year of fighting, and like so many others, I just took the offer, Carl stayed on at work.

Before me, since then and currently, Solent constantly deal with this very serious issue with one particular manger in the same way, by burying their heads in the sand and paying out substantial amounts of money, which surely could be put to better use.

At the inquest into Carl’s death Solent’s defence was that they were unaware of the gravity of the situation as no one has ever made a complaint or taken out a grievance against the manager of this department. It’s not rocket science is it? Either, after a long period of humiliation, bullying and harassment you are either too ill, tied or scared to fight anymore and the thought of another year of going through the grievance procedure is too much for people to cope with. It’s NOT that no one has a grievance against this manager, it’s that no employee has the any faith that the correct procedures will be followed at Solent.

The representative also said that Solent were unaware of how serious the problems are in that department and thought that Carl seemed perfectly normal, as the coroner pointed out, the fact that Carl showed no signs of his intention to commit suicide is normal.

I have since received three threats of legal action from Solent for speaking out about Carl’s death and been accused of bullying and harassing the manager who we all know is at the centre of this tragedy.

WHEN WILL SOLENT PUT AN END TO THIS MADNESS? ACT NOW!

Anonymous post

June 26, 2009

Is your academic manager a sociopath?

  • Glibness and Superficial Charm
  • Manipulative and Conning
    They never recognize the rights of others and see their self-serving behaviors as permissible. They appear to be charming, yet are covertly hostile and domineering, seeing their victim as merely an instrument to be used. They may dominate and humiliate their victims.

  • Grandiose Sense of Self
    Feels entitled to certain things as "their right."

  • Pathological Lying
    Has no problem lying coolly and easily and it is almost impossible for them to be truthful on a consistent basis. Can create, and get caught up in, a complex belief about their own powers and abilities. Extremely convincing and even able to pass lie detector tests.

  • Lack of Remorse, Shame or Guilt
    A deep seated rage, which is split off and repressed, is at their core. Does not see others around them as people, but only as targets and opportunities. Instead of friends, they have victims and accomplices who end up as victims. The end always justifies the means and they let nothing stand in their way.

  • Shallow Emotions
    When they show what seems to be warmth, joy, love and compassion it is more feigned than experienced and serves an ulterior motive. Outraged by insignificant matters, yet remaining unmoved and cold by what would upset a normal person. Since they are not genuine, neither are their promises.

  • Incapacity for Love

  • Need for Stimulation
    Living on the edge. Verbal outbursts and physical punishments are normal. Promiscuity and gambling are common.

  • Callousness/Lack of Empathy Unable to empathize with the pain of their victims, having only contempt for others' feelings of distress and readily taking advantage of them.

From: Profile of the Sociopath

According to Martha Stout, 1 in 25 ordinary Americans secretly has no conscience and can do anything at all without feeling guilty. One wonders about the percentage of sociopath academic managers... Worth remembering that most serial bullies are sociopaths.

June 21, 2009

Pinker leads international attack on UCL's 'unjust' treatment of scholar

An international group of scholars has launched a scathing attack on an elite UK university, accusing it of "extraordinary and unjust" treatment of an academic.

The 25 eminent researchers from four continents, led by Steven Pinker of Harvard University, have written to University College London voicing "strong concern" over what they say is the "summary suspension and enforced silence" of Heather van der Lely, director of UCL's Centre for Developmental Language Disorders and Cognitive Neuroscience.

Internationally acclaimed Professor van der Lely, 53, was suspended on charges of insubordination by UCL last November after she refused to move to a smaller laboratory space, which she felt was inadequate for her research.

Claiming she has been victimised, Professor van der Lely is pursuing a case against the university at an employment tribunal.

The letter, sent by the group to Sir Stephen Wall, chair of UCL's council, says: "Professor van der Lely has been barred from entering her laboratory, accessing her data, managing her grants, using her email and communicating with her students and colleagues at UCL.

"This is an extraordinary and unjust punishment. The career of a scientist depends on continuous interaction with students, collaborators, funding agencies and research subjects."

The letter goes on to criticise UCL for what it says is "disrespect" for free speech. "For a university to bar its own faculty and students from communicating with a colleague on research matters ... is an affront to the liberal values that are the basis of a modern university."

It concludes by demanding her reinstatement: "We call on the administration to reinstate her, and to treat her according to principles of fairness and due process."

Professor Pinker, a renowned experimental psychologist and author of several hugely successful books on science, including The Blank Slate and The Stuff of Thought, was collaborating on a project with Professor van der Lely at the time of her suspension.

He has previously written to UCL's provost, Malcolm Grant, about the case and said the intention of the latest letter, seen exclusively by Times Higher Education, was to make clear that the scientific community was "surprised" at the treatment of his erstwhile colleague and to indicate the esteem in which she is held.

"The scientific community is watching," he warned. "There are standards for fair treatment, and this is something that other people care about."

Professor van der Lely was unaware of the letter when contacted by Times Higher Education. She referred the matter to her lawyer.

She said only that she was "extraordinarily touched" by the support of her fellow academics and that she had been barred from talking about the case.

Her solicitor, Shah Qureshi, a partner at the law firm Bindmans, confirmed that she had issued proceedings at the central London employment tribunal.

"She believes she has been victimised and subjected to disproportionate disciplinary action by UCL after raising public interest disclosures, including inadequate facilities likely to have an impact on the health and safety of children, and potential breach of patient confidentiality," he said in a statement. "She believes her actions have led to her demotion and suspension since November 2008."

Mr Qureshi said that despite the professor's being an internationally recognised expert in developmental language disorders, she felt that her scientific standing was "questioned in a way that male colleagues', including those junior to her, was not".

He added that Professor van der Lely suffered from lymphoedema - a disability causing swelling in the legs and difficulties in mobility - and felt that senior management were "reluctant to acknowledge this and failed to provide adequate working space and safe working temperatures".

A spokesman for the university said: "UCL is not in a position to comment on this case, other than to say that this a complex matter concerning disciplinary allegations and grievances that are in the process of being examined under provisions contained within UCL's charter and statutes. Sir Stephen Wall has written direct to the authors of the letter to address their concerns."

Signatories to the letter include academics from UCL and Harvard, as well as scientists from other UK and US institutions and from France, Germany, Denmark, Australia, Italy, Romania, Israel and Poland.

From: http://www.timeshighereducation.co.uk

Note:
1. This particular academic is well-known and well-networked. By default, this case attracts national and international attention. Sadly, not all academics manage to attract such support.
2. This case is not an isolated case. We know of similar cases within the Russell Group in the UK, where prominent academics are going through a ritual of elimination.

June 18, 2009

The bastards in charge of 'Human Resources'


...I was totally naive over the role of human resources. I really thought they were supposed to be “in the middle” and not taking sides. What happened was a complete surprise in terms of their bias and attempts to subvert me. Constant letters, emails – taking care NOT to make actual contact. It was a shocking revelation which left me in a void. The union was my only lifeline, a mixture of my local contact treading water in quicksand with me hopeful of a cavalry charge from regional office, which never came.

Looking back, there was one critical theme to the way the whole organisation worked – this was to isolate me. The university acted illegally with the directive that I could not talk or socialise with anyone there. This was in my view an act that required the severest of reprimands – no vice-chancellor should be able to hold office with such a culture of totalitarian malice and disregard for the legal process. There cannot be more than a handful of grievances within a university at any one time and vice-chancellors should see it as their duty to ask questions and clarify how matters are progressing.

I cannot see how matters will change in universities until there is a willingness from good people with power to act. We must presume there are good people willing to do something. They need to explore reform, which includes an equitable hearing for staff who feel they are treated in ways that exemplify shoddy management and duplicity…

From: http://www.timeshighereducation.co.uk

June 16, 2009

Vice-Chancellor of Kingston University Accused of Misappropriating Public Funds

According to a public interest disclosure filed with the Higher Education Funding Council of England, Kingston University's Vice-Chancellor allegedly used public funds reserved for education and research to pay for his personal legal action against a former staff member. The disclosure alleges that Sir George Scott, aka Sir Peter Scott, utilized his position as Vice-Chancellor to get the University to pay for his failed complaint with the World Intellectual Property Organisation against former Senior Lecturer, Dr Howard Fredrics.

In March 2009, Professor Sir George Scott filed a complaint with the World Intellectual Property Organisation (WIPO) against former Senior Lecturer, Dr Howard Fredrics. The complaint sought to seize control of Dr Fredrics' previously registered domain name, sirpeterscott.com under the guise that the domain breached trademark rights. The initial complaint was lodged by Kingston University's solicitors, Charles Russell Solictiors, who indicated that they were acting for the University. In their May 2009 ruling, WIPO found, however, that the complaint had, indeed, been filed on behalf of Professor Scott, the University's Vice-Chancellor. WIPO also dismissed the complaint in its entirety on the grounds that Prof Scott was not entitled to claim trademark rights in the domain name in question.

Shortly thereafter, a public interest disclosure was filed by an unnamed individual(s) with the Higher Education Funding Council of England, alleging that Prof Scott and the University had improperly used public funds, earmarked for spending on the provision of education and for research activities, on Prof Scott's misconceived personal legal complaint to WIPO. According to the disclosure, at least $1500.00 was spent on filing fees alone, with the likelihood that substantial additional sums were spent on legal fees to launch the complaint.

The outcome to an investigation by HEFCE into the allegations is currently pending.

From: http://publish.indymedia.org.uk

June 15, 2009

Southampton Solent University awarded 'Divestors of People'

Quote: "I know second-hand that this bullying has been going on for a number of years at Solent University and it is a disgrace that it hasn't been stopped. If I as an outsider knew about it then those in a position to make a change in that environment must surely have been aware of the situation - and for some time. So they are very, very clearly not doing their job properly."

Quote: "...we will continue to look at any issues that require further examination and action, and we will be taking into account the comments made by the coroner...' What a f_ _ _ing joke! If they had done their work properly in the first place, they would have been able to see the signs."

Quote: "It seems to me that the management had no idea of how to care for the welfare of their staff. Where was the support for someone that had been off work for 6 months and to ensure that coming back to the workplace he was supported rather than publically undermined?"

More info about why Southampton Solent University won this award, at: http://www.timeshighereducation.co.uk

Info about Divestors of People award, at: http://bulliedacademics.250free.com/divestors_of_people.html

June 13, 2009

'Mobbing' Can Damage More Than Careers, Professors Are Told at Conference

It probably wouldn’t be that hard for faculty members to imagine that academic mobbing — a form of bullying in which members of a department gang up to isolate or humiliate a colleague — could derail their careers. But a discussion of the phenomenon today at the American Association of University Professors’ international conference on globalization, shared governance, and academic freedom illustrated that the consequences can be much worse.

The session, based on a paper titled “Mobbing as a Factor in Faculty Work Life,” began with a gripping story about how colleagues and administrators had ganged up on a highly productive tenured professor — think of being subjected to a stream of trumped-up complaints, ousted from an office, shut out of departmental meetings and committees, accused of an affair with a graduate student, and more. The professor was eventually fired and almost immediately afterward died of a stroke brought on by the stress of it all.

The story, actually a composite of the real-life experiences of several professors who were victims of mobbing, was written by Joan E. Friedenberg, a professor of bilingual education at Florida Atlantic University who herself has experienced academic mobbing. Collapsing many stories into one, she said, allows her to better communicate “the feelings of bewilderment and dread that victims of mobbing feel.”

Ms. Friedenberg and the paper’s co-authors, Mark Schneider, an associate professor of sociology at Southern Illinois University at Carbondale, and Kenneth Westhues, a professor of sociology at the University of Waterloo, presented their research at today’s session. Mr. Westhues, who discussed his studies of academic mobbing with The Chronicle in 2006, also offered a handout that included a list of 16 indicators of mobbing. Among them: If rumors are circulating about the target’s supposed misdeeds, if the target is excluded from meetings or not named to committees, or if people are saying the target needs to be punished formally “to be taught a lesson,” it’s likely that mobbing is under way.

But victims should not assume that notifying an administrator will help. Evidence suggests that administrators may find it easier to become part of a mob than to try to stop one, Mr. Schneider said. That’s because administrators are likely to think it’s better to have one person upset with them than a group. And faculty associations, he said, can’t really “confront and expose mobbing unless they are very strong.”

Ms. Friedenberg added that administrators should be forewarned that mobbing can have a boomerang effect on them: Some victims are “driven by detail and an intense need for justice,” she said, and may launch a “significant counterattack.”

From: http://chronicle.com/

June 11, 2009

'Humiliation' had role in suicide, inquest hears

An inquest into the suicide of a senior fashion lecturer at Southampton Solent University heard that his death may in part have been related to his work. Carl Baybut hanged himself in February, a few days after attending a staff meeting to discuss changes to lecturers' responsibilities.

The University and College Union told Southampton Coroner's Court that the 49-year-old's work problems had "contributed in a significant way" to the stress he had endured before killing himself.

The union's representative, Mark Farwell, said Mr Baybut had been absent from work for about six months. He had just returned when the staff meeting took place. Mr Farwell said the lecturer may have been worried that his teaching duties were set to be withdrawn "without discussion or negotiation".

He said: "From where I sit, that looks like ritualised humiliation because it was done in the public domain among peers. I think Carl felt crestfallen when he left the meeting and (that) contributed in a significant way to the stresses he had in his mind in the days to follow."

Coroner Keith Wiseman concluded that Mr Baybut had taken his own life. Summing up, he said that although there were no significant warnings about what Mr Baybut was to do, there were difficulties relating to his workplace.

A Southampton Solent spokeswoman said the lecturer had experienced periods of ill health, during which he was supported by the university's occupational health service. "During his time as a senior lecturer at the university, there were never any indications that he was contemplating ending his own life," she said.

"It is very important to the university that its working environment is positive and productive. To this end, we will continue to look at any issues that require further examination and action, and we will be taking into account the comments made by the coroner."

From: http://www.timeshighereducation.co.uk

Also: 'Humiliation' at Southampton Solent University led Carl Baybut to commit suicide

And: 'Humiliation' at Southampton Solent University led Carl Baybut to commit suicide - quote: '...a survey of members had revealed a “culture of bullying” in some areas of the university...'

---------

The name of this higher education institution is: Southampton Solent University. Their slogan is: Become part of the Solent success story. No thanks...

June 10, 2009

Award Winners

UK

Ireland

Canada

USA

More info at: http://bulliedacademics.250free.com/divestors_of_people.html

June 06, 2009

Confidential references - Petition

Job references for research or academic posts are confidential and usually taken up in the selection process prior to interview. Candidates are normally unaware if their references contain personal information or an accurate portrayal of their skills. When researchers submit publications/proposals they may nominate reviewers to assess their work. They later receive anonymous copies of the reports and are often permitted to defend any misconceptions before final submission. The majority of researchers and academics have over 7 years training and skill acquisition; a major investment in resources that can be obliterated by a single vindictive or discriminating reference.

We ask that legislation be introduced to prevent Universities and Research Institutes from selecting candidates for job vacancies through confidential references. We feel that working conditions of researchers and academics would improve with more transparency in the selection process. We request that if references are necessary to select a candidate for a research/academic position then he/she should be given the right to see the reference in order to rectify any misleading statements.

Please sign a petition at:

http://petitions.number10.gov.uk/ConfidentialRefs/

Posted by S.

June 01, 2009

Harassment Among University Professors and Academic Staff


Harassment is behavior that manifests itself in the form of conduct, actions, and verbal comments, often insidious, aimed at destabilizing an individual. This behavior breaks down the individual’s psychological resistance, often for the purpose of submission. Harassment can lead to the victim’s exit from an organization. Harassment can take the form of injurious comments, unjustified criticism, or openly proffered insults, but it can also include seemingly harmless insinuations and other forms of abuse. A simple act of aggressiveness becomes harassment and has deleterious effects when it continues over a period of time, and when the targeted group or individual is, or is perceived to be, in a situation where it is difficult to mount a defense.

Heinz Leymann (1996a, 1996b) described this phenomenon as a form of psychological terrorism. The acts he terms harassment have the effect of taking away people’s freedom of expression, isolating them, destabilizing them, discrediting them personally and professionally, and restricting their access to resources to which they are normally entitled if they are to perform their work. Harassment can jeopardize the victims’ health and make them feel insecure. Considered separately, the actions constituting harassment may appear harmless, but their constant repetition has pernicious effects.

Several indicators of harassment have been observed in universities. To understand this phenomenon, an ad hoc committee of the Québec Federation of University Professors (FQPPU) conducted a qualitative study of union representatives and faculty members. The study, rich with personal testimony, found that the university culture and context breed harassment and an abusive exercise of power, the effects of which harm the victims, and the university as a whole.

Contrary to what many of us prefer to believe, harassment is rarely the work of perverse individuals who take pleasure in targeting others having the typical victim profile. Instead, we found that harassment ensues from political and organizational choices that impose extra workloads, competition, and an emphasis on individualism as methods of managing and organizing labor.

QuĂ©bec universities are not immune from the problems faced by other organizations. The underfunding of higher education combined with the growing commodification of university activities and the movement toward the quantification of performance evaluation criteria is the breeding ground for harassment. Some professors, facing too much work and competition for limited resources, take extreme measures to remain successful in the system. Because of the of the discourse that urges professors “to keep their noses to the grindstone,” to embrace the virtues of pride, excellence, and economic realism, we have observed practices that surreptitiously corrupt the work ethic by subjecting professors to excessive competition and accounting management strategies that are foreign to the idea of quality research and training. We have also observed practices that make it seem normal to consider people as instruments and resources to be manipulated and burned out.

“What I learned from my experience is that, in the university hierarchy, you have to be prepared to fight like a tiger. And if you don’t have the stomach for that, you just have to lie low. I never would have said that three or four years ago.”—a comment by a professor in an FQPPU focus group In the university milieu, harassment generally occurs at key points in a professor’s career—during hiring, performance evaluation, and the time leading to the granting of permanent status or tenure. It can also come into play in the major decisions governing university activities, especially during the allocation of teaching duties and budgets or when setting development
priorities.

Legitimate formal and informal powers are exploited not only by people in administrative positions, but by colleagues prepared to take advantage of others. Harassment is often associated with the manipulation of committee work, rules of debate, consensus-making, and the criteria for allocating duties and resources. Certain strategies are regrettably popular in order to get to a professor...

From: http://sohp.psy.uconn.edu/SOHPNewsletterV6May2009.pdf

May 30, 2009

Have a nice day… your P45 is in the post

...The thing about having power is never having to say sorry, never feeling you may have been to blame, or implicated in the destruction of another human being. I cannot imagine that their careers will be jeopardised or hindered, and they will not open a bank statement and become very anxious about diminishing reserves of money. I am angry, upset and devastated. I have also been very foolish to think that I could have won… been invited back, given an apology…

From: http://www.timeshighereducation.co.uk

May 28, 2009

Lecturer suspended over allegations of defamation - University of Salford

The situation within the School in question is terrible. The staff are aware of the truth and support the lecturer who is suspended for allegedly harassing this PhD student. That is why there were 74 staff signatures supporting him and this would have been greater if all staff were contactable when this petition was making the rounds. There are management cronies who support the incessant nepotism and corruption proliferated by the very top of the School. The VC should be ashamed of himself for implying that race is a factor in the production and dissemination of this material. If the VC or Head of School had any integrity whatsoever they would resign, but being men of low calibre in terms of transparency, fairness and honesty, this could be a step too far.

Anonymous

From: http://www.timeshighereducation.co.uk

May 27, 2009

Teachers are 'worst school bullies'

Teachers entrusted with preventing bullying in Australian schools are bullying each other at alarming levels, university researchers have found. The biggest bullies are likely to be the principal or other school executives.

In a national online survey of more than 800 teachers, 99.6 per cent said they had experienced bullying in the workplace.

The Australian Catholic University and the University of New England surveyed state, Catholic and independent school teachers in 2007. The survey found that power imbalance was a factor in staff bullying.

Deidre Duncan, of the ACU, said state school principals received the worst rating for bullying.

"In government schools, the principal receives a significantly higher nomination as a frequent or persistent bully than found in independent or Catholic schools," Professor Duncan said.

"A total of 42 per cent of respondents in government schools said the bully was the principal."

Professor Duncan said such behaviour could be expected in "fairly bureaucratic organisations".

The behaviour most commonly identified by teachers as bullying was the withholding of information that affected performance, followed by the questioning of decisions, procedures and judgment.

Teachers also reported being bullied by parents.

Processor Duncan and co-researcher Dan Riley recommended a bullying ombudsman be appointed for teachers, awareness of staff bullying be raised, and a staff bullying register be established at each school.

Queensland Teachers' Union president Steve Ryan said teacher bullying was not as high as the voluntary on-line survey suggested but "it does represent an issue we are well aware of". He said more state government-funded workplace advisers were needed.

Education Minister Geoff Wilson said the research was a concern and he would ask his department to look into it.

From: http://www.news.com.au

May 15, 2009

A signature trademark of Polytechnics is the bullying of academics at all levels...

Dear Editor,

I recently found an article on the merits of the Polytechnic becoming a University, see website http://www.newera.com.na/article.php?articleid=1943 which stated the case against the Polytechnic becoming a University very clearly (although I have some reservations with respect to part of the content). I would add my voice and concerns to those of that author.

Primarily, a University is a place of Higher Education which extols the following values:
• High academic achievement
• Ethical and moral leadership in the academic field
• The value of learning and research to society

To demonstrate the above, a University must clearly show that it behaves in a manner which supports those values. I will show, through several examples, how the Polytechnic, primarily due to lack of senior leadership, fails in all three areas.

It is inexcusable for an institution to claim for itself the title of University or University of Applied Science without justification and without approval.

It is insufficient for an institution to proclaim high academic achievement without proof. No amount of speeches by the Rector nor spurious claims to already being a University of Applied Science can make it so.

For example, in the School of Information Technology (IT), the curriculum owes little to Computer Science and therefore can ‘apply’ little. Practice and profession in the institute are what counts.

Demonstration by example and not by personal ego and photo opportunity are required.

High academic achievement can only come from the efforts of a well qualified and highly motivated staff coupled with capable students who can be nurtured towards a higher level of understanding of their chosen subjects. The nature and style of teaching and learning changes with the higher levels of academic acheivement. In the final undergraduate year, self study and high levels of personal motivation are required; at Masters level we must insist on the individual student seeking ‘new knowledge’ so that the academic staff become guides and no longer ‘givers of facts’.

When the staff themselves do not have this experience and the executive fail to support such approaches to learning and understanding, then improvement towards true University status will not occur. Yes, there are some very good students in the Polytechnic but they are ill-served currently. Yes, there are many excellent academic staff willing to help the students although they are hindered at every turn.

A signature trademark of the Polytechnic is the bullying of academics at all levels by the executive and self-interest groups which is preventing high academic achievement. Staff become afraid to innovate, afraid to challenge the status quo, afraid to advocate change and afraid to address known poor behaviour by students.

If we take the School of IT as an example, how can it produce masters students/graduates when those staff with relevant MSc’s or their equivalent (an absolute minimum qualification at this level) are not allowed to function and teach at that level? How can a Masters programme exist when there are no PhDs in the relevant field capable of supporting it within the school?
How can genuinely senior and experienced staff function when they must report to the inexperienced self-interest group of expatriate non-Africans who dominate the running of the school?

If we look at the composition of the controlling group within the School of IT at the beginning of the year, there was one staff member with a Doctorate which has more claim to social science than IT, two German members of staff who are not qualified to be lecturers by virtue of their lack of a Masters qualification and any experience of teaching in a University external to Namibia. How did they get their work visas? How were their contracts renewed over qualified Namibians?

Two other Germans do not have qualifications in the IT field (this is true of a further member of the IT staff). Yet despite these abysmal qualifications (that lack relevance to the field of IT and to the school of IT at the higher levels of academic challenge) they are allowed to produce a failing Masters programme and talk of introducing Doctoral study. This is not the way to raise academic standards among the students.

However, it is the way to become a laughing stock in the eyes of the academic world. What use is such a PhD to a Namibian or the aspirations of Namibia? This situation cannot be remedied as long as the Rector shows favour to such a group against the advice of those with greater real experience of academia and management of Universities across the globe.

The Polytechnic does not value such people and this is clearly demonstrated by its apparent belief that there is no need for an Academic Vice Rector to replace those forced out by the inappropriate behaviour of senior administrators and the Rector towards them.

Ethical and moral leadership cannot be demonstrated by words alone. Promotions are sought and given to members of self-interest groups regardless of qualification backed by experience.

Why can an African lecturer with years of experience be denied a senior lecturer post because he does not have a PhD, yet a German without a Masters degree or experience beyond that in the school of IT is campaigned for vigorously by his equally poorly qualified friends? Work permits are regularly obtained for the unqualified yet they are not forthcoming in a timely manner for the honest majority.

Posts are given to people who have lied about the level and nature of their qualifications without due process, contracts are renewed on the same basis. These may be matters for the Anti-Corruption Commission but they also fully demonstrate a lack of propriety and ethical behaviour at the highest level in the Polytechnic which is not appropriate to a University.

Much damage is done to the structure and organisation of academic life by the executives’ open-door policy towards dissidents, trouble-makers and self-interest groups who bypass the lines of supervisory responsibility.

The Rector and the leading administrators must stop allowing audiences to, and accepting accusatory letters from, the unethical schemers behind tales of wrongdoing and malicious gossip whilst denying the poor ‘’accused’’ the opportunity to defend themselves.

These fish-wives are only interested in their own self-advancement and that of their friends. On the grounds of ethical and moral leadership in the administrative field and some academic areas, the Polytechnic fails miserably.

The value of learning and research to society is one of those imponderables which is so beset by the supporters of ‘self-evident truths’ as to be almost impossible to accurately quantify.

However, the Polytechnic must demonstrate it believes in such values if it wishes to become a University. Rigorous standards must be maintained by the academics who should be supported in their efforts by the administrators.

Academics must be led academically by the Professors and not by the poorly qualified committee structure currently favoured by the senior administrators.

Professors /Directors must be allowed to lead academically and not find themselves abused and forced to report through unqualified staff and subject to the whims of self-interest groups. Senior administrators who condone student poor behaviour, eg, plagiarism, are sending a clear message to the student about the value of their qualification. Anyone can ‘’cut and paste’’ from Google, whereas it takes true intellectual merit to make a voyage of discovery in science based on your own efforts. The Polytechnic needs to put in place real academic quality standards through an Academic Vice Rector’s office and not through the administration if it is to achieve University standards in this area.

I have shown only a few of the problems with changing the name of the Polytechnic to a University as a way of highlighting major deficiencies, but perhaps the greatest argument against this is the Rector’s own doubts.

Why did he last year bring in from the USA staff from an institution recently granted University status to show the Polytechnic how to become a University, if he genuinely believes that he already runs a University? The drive for a name change has nothing to offer the nation of Namibia and is simply based on the self-interest of a few.

Namibia has two Universities, leave the higher level degrees to them and focus on improving the general standard of education at the levels a Polytechnic was established for.

From: http://www.newera.com.na

A trip down memory lane...

November 2006 Academic unions have their heads in the sand...

Pierre-Joseph, I think your cartoon is unfair. As a UCU (formerly AUT) casework officer I deal with cases of workplace bullyng constantly. Union officials and lay activists like myself spend a lot of our time and energy trying to support bullied academics. The main problem has been that until recently, workplace bullying was not in itself illegal: it was only illegal if it was discriminatory or could be shown to cause personal injury (very hard to prove in law). Thanks to the Majrowski ruling in the House of Lords, that should now change.

Sue Blackwell
UCU, University of Birmingham

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

Pierre-Joseph Proudhon said...

Dear Sue,

I have no doubt that good and active union members like yourself and perhaps many more, are indeed interested to support your academic colleagues and work against workplace bullying. You and the other active members of academic unions, is not the problem.

The problem is with the leadership of the our academic unions (AUT + NATFE = UCU), who for many years remained inactive, and in many cases caused harm. I speak not only from personal experience.

Please do not promise that due to the Majrowski rulling things will improve. What of the many who lost their jobs and their health - like myself? How is the damage repaired? I will never be able to practice my job anymore. This is the end of my academic career.

Our union reaction was and is so formulaic, that it has become predictable sadly.

The case below highlights the normal pattern:

"The behaviour of the AUT and their solicitors (Thompsons of Edinburgh) in relation to my case was abominable. It may seem counter-intuitive, but I felt considerably less stressed once I had decided to represent myself than when I had been represented by the AUT's solicitors. The solicitor who initially handled my case failed to advise me that I could have filed my initial claim under the Public Interest Disclosures Act, 1998. This failure had significant ramifications for the way the case was subsequently brought. The same solicitor failed to pass information from ACAS (the Arbitration and Conciliation Advisory Service) to me or from me to ACAS, thus prejudicing the possibility of a settlement without going to an employment tribunal. He also repeatedly failed to reply to my queries. At one point (when the University submitted a large dossier of papers) the case seemed to become too much for him and he passed it on to a junior colleague. She then sent a report to the AUT which managed to get the reason for my resignation wrong and made so many other misrepresentations that I had to send a nine page list of corrections to the AUT's legal aid committee. It was to no avail. The AUT decided to go with the solicitors misrepresentations, conveniently allowing them to avoid funding a potentially lengthy hearing.

The main thing that I learned from my correspondence with AUT officials and their solicitors was that the union subscriptions I had paid since 1986 were a complete waste of money. I urge all AUT members to think very carefully about why they are subscribing to this union and to consider cancelling their membership. I will make the correspondence available to any AUT member who is interested to consult it in London.

Should either the AUT or Thompsons Solicitors wish to contest what is on this page, I am more than prepared to answer them. If necessary, correspondence can be put up here."

And some more cases:

...After 2-3 years of inaction and no support from my union, with the last few months on medication and receiving mental health councelling, all this while on suspension because I tried to expose institutionalised bullying, and while I watch the serial bully being promoted and taking over my office, I very reluctantly decided to write to the top persons in my union a very polite letter reminding them that I have not receivedthe support I needed. This is the reply I received: "Our union does not
have a specialist on workplace bullying to deal with your case now. We do not normally use any specialist consultant...

...After the TUC (Trades Union Congress) I will be writing to the ILO, and then last I will resign my union membership making sure that the media know why...

...The trade unions already see, realise, understand the plague of bullying in the workplace. They are quite happy with it. That is the way things are meant to be. One man's [or woman's] workplace bullying is another man's [or woman's] strong management / flexible workforce mantra...

...It is one thing to have my employers not understanding bullying, and it is another thing if the union itself is ignorant...

...I have no doubt that unions and TUC are hopeless [with workplace bullying]. I still think it is worthwhile showing the world how hopeless they are - at a cost of a stamp...

...The TUC general secretary will say that he has no powers to intervene in the affairs of an individual trade union. The TUC is simply the trade union's trade union... I would have been relatively happier if my trade union had maintained indifference. They ended up working against me by destroying and delaying documents, passing confidential info to my employers, all sorts of things...

...I have first hand experience of one particular union that has sat on its hands twice, in cases I have seen and been involved in. That union of shame is XXXXXX. No wonder so many health workers live in fear, there is no protection whatsoever...

...The actions of my union have damaged my mental health and sense of trust far worse that the bullying of my employer...

Dear Sue, I have no problem accepting that perhaps - as I stated above - you are indeed very active and very concerned about workplace bullying, and as a UCU activist you are perhaps trying hard, BUT we do have a very long way to go, and I for one have paid a very heavy price for the inaction of my union, which left me with NO representation for over 8 months!

The pain of loosing your job, your colleagues, bullying, intimidation, etc, etc is something I can't describe, and all my union rep did was refer me to a web page...
------------------------

So Sally that was in 2006. Now it is 2009... Where have UCU got to?

Letter in THE April 23rd 2009 suggests that UCU have not got very far...

Removing the heads won't stem the rot

...The power in my university is in the hands of those whom I believe are driven by their own egos and their own glory. In this I believe they are supported by an obedient board of governors and a sychophantic union. I have spent a number of years challenging practices in my university in relation to Dignity at Work issues. Several grievances later I have got nowhere. In my experience, the university with the support of its governors, uses its power to prevent effective investigation. When that tactic fails it resorts to buying its way out of trouble. The union does nothing...

So Sally what are you going to do about that? To date my local union rep has managed to write a letter...

I think we need more effective action don't you Sally? Have you been reading the bullied blogger in the THE?

Aphra Behn

May 14, 2009

Not in my name - VC loses fight for his domain

A former lecturer at the University of Kingston has won the right to continue using the domain name www.sirpeterscott.com - the name of Kingston's vice-chancellor.

Howard Fredrics, a senior lecturer at the university between 2002 and 2006, has used the website to air grievances against Sir Peter Scott and the university.

Sir Peter complained to the World Intellectual Property Organisation (WIPO), arguing that he had built up "substantial and extensive goodwill" in the name "Sir Peter Scott", that it constituted a trademark and that the site contained "insulting and defamatory material".

Sir Peter said: "Dr Fredrics has been posting inaccurate statements about my colleagues on a website that carries my name, is headed by my photograph and is one of the first websites that comes up if you google me.

"The risk of misunderstanding that I'm responsible for these statements is enormous. There's ... no attempt to curb Dr Fredrics' right to criticise Kingston, but he should do so under his own name."

Dr Fredrics denied the claims, arguing that protecting the website was a freedom of speech issue and insisting that he used it for educational and artistic purposes.

The WIPO did not uphold the vice-chancellor's complaint. It said that he had not acquired sufficient goodwill to establish the name as a trademark, and that Dr Fredrics had not commercially exploited it.

"Even though this case would seem to raise an important issue concerning legitimate criticism and free speech, (our) policy simply does not extend to cases in which the complainant has not established the requisite trademark rights," Alistair Payne, a WIPO panellist, said.

He noted that court proceedings were pending, and suggested that this would be the best forum in which to resolve the matter.

Dr Fredrics is suing Kingston for defamation in connection with a newspaper story published last year. He supplied the Surrey Comet with emails suggesting that an external examiner at Kingston had been pressured into changing a report.

The story included a claim that Kingston had "categorically denied the authenticity of the emails", but a subsequent Quality Assurance Agency investigation considered them to be genuine after the examiner confirmed that the exchange had taken place.

A claim filed by Dr Fredrics at Surrey County Court says his name appeared in the articles and it was obvious to readers that he had provided the emails.

"The university therefore committed an unlawful act of libel by knowingly, deliberately and maliciously breaching the Defamation Act of 1996, causing damage to the claimant's professional and personal reputation," the claim states.

He is asking for unspecified damages and a published apology.

A spokeswoman for Kingston said: "The university's solicitors have advised that the claim is unsustainable, both legally and factually. We will apply to court to have it struck out without a full trial at the earliest opportunity. For legal reasons, we can make no further comment."

From: http://www.timeshighereducation.co.uk

May 09, 2009

I'm facing the same thing...

I'm facing the same thing and as a first year teacher I have had numerous visits to the doctor and was on a thirty day leave of absence. I filed a formal complaint and no action was taken. Now I'm in the grievance process and the Principal just told me today that she is writing to the superintendent requesting my contract be non-renewal. There goes my entire career and I want to sue the DOE for not doing something months ago before it got this bad. I feel so alone on this journey and am looking for any sort of help and/or ideas.

Anonymous