March 25, 2008

The university has robust quality assurance procedures in place...

An academic has won the right to sue her university for constructive dismissal - even though she signed a "compromise agreement" and agreed a £30,000 severance payment. Angela Ward had worked as a reader in law at the University of Essex for six years when her manager raised concerns about complaints from students.

In response, Dr Ward wrote a "without prejudice" letter to her employer in which she raised a number of complaints against the university but offered an "amicable withdrawal" in return for a negotiated package. A payment of £30,000 was agreed, and she signed a compromise agreement.

After signing the agreement, Dr Ward wrote another letter of complaint to the university. Matters raised included "infirmities in the examination process" in the law department. She claimed that colleagues had revealed the content of exam papers, putting her in an impossible position, that complaints against her were groundless and that university procedures had not been followed.

Dr Ward later decided to sue the university for constructive and unfair dismissal, telling an employment tribunal that the compromise agreement was invalid because she had signed it under pressure.

The university argued that Dr Ward had not followed procedures by raising a formal grievance and that her claim was therefore out of time, as she had left the university more than three months earlier. It also argued that if she had raised a grievance, it was invalidated by the compromise agreement.

The first tribunal agreed with Essex. But the Employment Appeal Tribunal found that the "without prejudice" letter was a valid grievance as it detailed the substance of her complaints in writing. The fact that it contained an offer to settle did not affect this. If a grievance is started, a claimant is given an extra three months to file his or her claim.

Dr Ward's solicitor, James Tait of Shakespeare Putsman, said: "A properly drafted compromise agreement will preclude a tribunal claim. Essex did not draft the agreement properly, and neither did it deal with the grievance. It left itself wide open." If a grievance is raised by an employee and not dealt with by the employer, the compensation awarded in a successful claim may be increased by up to 50 per cent.

A spokesperson for Essex said: "The university has robust quality assurance procedures in place. However it is not our policy to comment on ongoing cases, and the Employment Appeal Tribunal has now referred this case back to the Employment Tribunal."

From: http://www.timeshighereducation.co.uk, by Melanie Newman

March 24, 2008

Bullying can't be seen as 'entertainment'

In a low quivering voice, Mary (name have been changed) a highly qualified teacher, sobbed as she told us the story of her distressing experience.

"I loved teaching but now I am totally shattered, and I have lost all belief in myself. I am not able to face a class of students. The awful bullying by my colleagues in the staff room got to me eventually. I couldn't take it anymore. I resigned and took a less-paid non-teaching job. But I am struggling to cope with the deep hurt and psychological pain I suffered."

John, (name has been changed) a State employee who is a victim of bullying, told us his sad story. "My job is on a rota basis but my bullying boss repeatedly changes my rota without informing me. Frequently, when I report to work, the bully's buddies inform me that my rota has been changed and that my boss wants to see me. When I report to the boss in his office he denies that he has sent for me. As I leave the office I am pained to see the sneers on the faces of the bully's buddies. I am often left with no work to do. I feel that life is not worth living. I would be better off dead".

John is not alone in experiencing suicidal tendencies resulting from workplace bullying. Research has shown that 14-20 per cent of all suicides are associated with bullying. Mary and John are among a very large number of people who experience workplace bullying. The Samaritans' recent survey has revealed that one in four workers is bullied.

Anti-bullying organisations have indicated that they are receiving a substantial increase in the number of calls for assistance from victims of workplace bullying. Clinical psychologist Marie Murray states: "Workplace bullying has been found to increase during times of social change and economic uncertainty and when people value commercial achievements over community factors. Increase in stress, in commuting time, in family pressure, in child-minding concerns and in mortgage repayments mean that a significant number of people arrive to work each day highly stressed and this gets articulated in bullying behaviour towards clients or work mates."

Those who are both younger or older or those from minority groups are more likely to be targets for bullying. The less experienced, less established employees are more likely to be intimidated by older more powerful people in an organisation or by unreasonable organisational demands. Equally those who are at the older age scale are often fearful of change, afraid of losing pension rights and because they are unlikely to obtain new employment elsewhere they are in a position of greater dependency than those in their middle years. All the these factors make it easier for bullies to operate unchallenged in the workplace.

Workplace bullying is the repeated acts of aggression that undermine the dignity of individuals at work. These acts can be direct or indirect, whether verbal, psychological, physical or otherwise. Cyber bullying by text messages or email is becoming more frequent. Bullying can cause enormous distress, often resulting in emotional damage, a lack of self-esteem, depression, a decline in physical health and loss of job satisfaction. Many victims feel trapped, desperate and emotionally crippled as a result of the horrific experience of bullying. Heinz Layman, the internationally renowned researcher, says that workplace bullying is psychological terror. Jacinta Kitt, the well- known Irish researcher, believes it is psychological torture. Bullying, which causes horrific psychological pain to victims, must never be accepted as a form of entertainment. The offensive TV scenes of bullying on the part of some celebrity chefs tend to normalise and legitimise workplace bullying.

Edmund Burke's statement: "The only thing necessary for the triumph of evil is for good people to do nothing." is relevant to this problem. Victims of bullying and those who would like to help them can learn practical and effective strategies for confronting bullies at the National Conference on Bullying in the Workplace at the Regency Hotel Conference Centre, Swords Road, Dublin 9 on April 15 and April 22, from 7pm to 10pm.

Minister Billy Kelleher TD, Mr David Begg, Professor Patricia Casey, Governor John Longeran, Senior Counsel Anne Dunne and other professionals will address the conference. For details, phone (01) 838-8888 or (087) 918-0777 or email: info@awarenesseducation.org

Rev Dr Tony Byrne CSSp and Sr Kathleen Maguire PBVM MA founded the Awareness Education Office, which offers programmes on bullying in the workplace, home and school.

- Tony Byrne and Kathleen Maguire, from: http://www.independent.ie

March 23, 2008

Research themes

The management at Sussex are introducing interdisciplinary 'research themes' to give the university a distinctive identity and to enable researchers to make more effective bids for large interdisciplinary grants. Resources would be directed towards these themes.

One issue that has been raised in the internal debate on this is that there is a danger of gearing research themes to the current strategic priority areas of the Research Councils, at a time when these strategic priority areas are themselves increasingly dictated by the government. On the latter point see the following from Education Guardian on 19 February:

"There has definitely been a switch from responsive funding for
projects that individual academics think up to funding for projects
that match the AHRC's strategic plans," says Tom Gretton, head of
the history of art department at UCL.

"It is clear that they want research whose findings can easily be
measured. We have moved from research that is critical to research
that is manageable, and in the process academics are being turned
into civil servants, because they will inevitably only submit
proposals for study into areas they know the government think are
worthwhile."

http://education.guardian.co.uk/higher/research/story/0,,2257830,00.html

Obviously the main problem here is the progressive abandonment by the Research Councils of the Haldane Principle that provides the rationale for their existence: the principle that research funding priorities should be set by the academic community rather than by politicians. This abandonment itself represents a serious erosion of the collective freedom of research of the academic community. However if universities then reinforce the Research Councils' priorities in their internal allocations of resources then arguably this erosion will be compounded.

Has anyone had experience of the 'thematisation' of research in response to govenment funding priorities at other universities? If so, please let me know, on or off list.

Andrew Chitty, University of Sussex

...The role of power, professions and ”on the job‘ training

...There also needs to be a clear system for reporting abuses of power or experience of victimisation. Where formal structures to enable this do not exist within an organisation, or if the bully is the boss, there needs to be an independent body with power to investigate and take action. Finally, the targeted person has the fundamental right to report instances, of being heard, to be believed and not to face reprisals as a result of speaking out.

At an individual level, it is clear from the above analysis that in most circumstances where hierarchical workplace bullying occurs, that individual counseling and mediation sessions will not adequately address the issue. We need to recognise some people who bully do so in full knowledge of the power they exercise and the knowledge their actions enjoy immunity from scrutiny or reprisal because of their location within the system and because they understand and manipulate the system to their advantage.

There is a need for affirmative action that privileges the account of those who have been disempowered and degraded by virtue of simply doing their job. In addition, the individual who has been targeted needs to be encouraged to delink serial episodes of workplace bullying, for to see them as cumulative inevitably leads to self-blame and recrimination...

From: Mental health and workplace bullying: The role of power, professions and ”on the job‘ training, by Lyn Turney

March 18, 2008

Letter to Editor - Times Higher Education Supplement

The following is a letter to the Editor of THES in response to a request for suggestions/ comments:-

Dear Mr Kelly,

Thank you for your email. I look forward to being of assistance to Times Higher Education as a member of the Reader Panel.

At this time, I would, indeed, suggest that THES return to its prior practice of addressing one of the most pressing issues in Higher Education today, namely that of the epidemic of bullying and mobbing in our universities and further education institutions. In particular, I would draw attention to the practice of elimination rituals, whereby for various reasons, staff are eliminated from their positions through being pressurized in various ways in order to cause them to either resign on poor health grounds or to respond strongly, thereby creating circumstances by which they may then be subjected to dismissal on conduct grounds. Or else, various circumstances are created--i.e. "rules" that are targeted at selected staff members in order to place them in breach of policy, thereby justifying
dismissal.

This seems to happen disproportionately to disabled persons, to members of minority races and non-British born staff, who are vulnerable by virtue of their immigration status to being sent back to their native country without recourse to natural justice, as well as to to many individuals who are considered as whistleblowers and those who produce research that is either controversial or challenging to the power structures within their institutions, thereby breaching all semblance of protections for academic freedom. In the end, it is students who lose out when high-performing academics are destroyed by such practices.

I understand that one or more articles are/were in progress at THES on this subject, but that they were quashed by new management at THES on the basis that such articles would "offend" advertisers, namely British universities. I would hope that THES would have greater courage than to be beholden to their increasingly managerialist advertisers when it comes to reporting on important stories of wide public interest to people within the field and among the general public.

Sincerely...

Name withheld

Speak out!

No one speaks out because they fear that if they do, they will be the next target.

It takes great courage to speak out. But speak out, we must do!

And we must name names and point fingers, else speaking out will be like tossing a handful of sand into the desert.

Anonymous

March 17, 2008

We must work in solidarity

I work in academe but I was unaware of workplace bullying until my friend, an employee of the federal government, committed suicide in 2005. Since then I have been an advocate for Healthy Workplace legislation.

I formed a group http://groups.google.com/group/connecticut-bullybusters/. Many of the people in the group, or people who won't join for fear of someone finding out but who have contacted me, are state employees and work in state community colleges or universities. They are faculty, staff, and sometimes students.

We have an obligation to look directly at this problem, as colleagues, citizens and workers. Even if it hasn't happened to us, it certainly could. Reading the stories of bullied people, hearing them at meetings, is almost unbearable because lives are shattered. I came to this blog because of a post on the New York Times blog for an article on Workplace Bullying. We must work in solidarity
.

Post by anonymous

March 14, 2008

Not only in America...

The story below repeats itself in many different versions and combinations in this country too (and perhaps many others). There are many (ex) academics who have suffered and continue to do so in a very similar manner to the story described below. Sadly, these things do no happen only in America...

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

After a very successful career at a major U.S. private university, I accepted some time ago an offer from another major private university to become chair of a department that had been in trouble for years, with the mandate to bring its house in order and improve its stature both within and outside the university. With the help of a supportive dean, I was successful beyond anyone’s expectations, bringing the department to national attention and recruiting a sizable number of good graduate students in competition with the some of the best schools in my discipline.

There was a widespread perception that I was one of the best department chairs in the university —one administrator described what I had done for the department and the university as a “miracle.” It wasn’t easy, since faculty in my department were often at odds with one another, and one female faculty member was antagonistic to me from the outset, trying to undermine my role behind my back by spreading false stories among the faculty. She had limited success, since, apart from one important supporter, she alienated most of the other members of the department with insults and false accusations.

Some of those who have described their mobbing experiences have characterized themselves as “outspoken,” a trait which is supposed to be protected by academic freedom, but which can unfortunately lead to the active hostility of colleagues. I was just the opposite, supporting and encouraging all faculty and staff, including my antagonist and those who were less competent or productive among the faculty, in both their professional lives and their inevitable personal difficulties. My administrative credo was based on integrity, fairness, openness, and positive support for everyone.

At one point, however, I was forced to remove one of the less competent faculty from a minor administrative role she had abused for years, not only for poor administration and repeatedly upsetting other faculty and students, but because I couldn’t believe anything she said to me. At approximately the same time, I also had to let go a part-time adjunct who, in four years, had proved herself manifestly incompetent in a vital area of the department’s activities. The latter individual was a close friend of the former, and both of them had friends in the department.

In a matter of months, this group had organized its first mobbing effort against me, and joining forces with the original antagonist and her supporter, voted that my appointment as chair not be renewed. The dean was taken aback, interviewed most of the faculty individually, and declared himself “sickened,” by their conduct. Nevertheless, he believed I had lost too much support to continue as chair, insisted on my resignation, and admitted in the process that the same group of faculty, if they got their way in this matter, would probably cause further trouble in the future. I am reminded of a story circulated at my previous university about its president admonishing a faculty member about to take a dean’s position at another institution, “Never fire anybody. No matter how bad he or she may be, everyone has friends, and those friends will be after your blood.”

That president’s attitude had seemed to me an inappropriate way to run a university (there were some rather poor officers in his administration), but both his words and those of my own dean proved prophetic, for not only did I lose my chairmanship, but for the next couple of years I was subjected to a series of public slanders from the mob that had ousted me and their male supporter, to the point of where I complained in writing to one of them—my long-term antagonist. What happened afterward was a wholly unexpected shock.

A few months later I received a letter from what was by that time a new, interim dean (who was being vetted as the permanent dean), saying that a group of women in my department had accused me of sexual harassment and other offenses, a committee had been appointed to oversee an investigation, and an outside attorney had been hired to do the investigating and report to the committee and the dean. The process was very secretive, in violation of every aspect and safeguard of the university’s own policy (which had never been published and was kept hidden from me and my attorney) as well as in violation of every safeguard for handling such matters published and recommended by the U.S. Department of Education.

Nevertheless, the investigator made it clear through numerous comments to me and to several other witnesses, that she not only found no fault with me, but also found my accusers so outrageous that at one point she blurted out, “How can you work with such people?” She also declared that she planned to recommend that the university hire a psychiatrist to assist the department. Her judgment concurred in detail with the more general assessment of the university’s highest personnel officer (also a woman), who declared the ringleaders “crazy and hysterical.”

The report of the investigator was not what the dean wanted, since he couldn’t afford a group of women complaining that he was insensitive to their grievances while he was still under consideration as the permanent dean. He has therefore kept the report under wraps ever since and refused under any circumstances to release it. Meanwhile, from friendly departmental witnesses I learned that the mobbers had been meeting secretly for several months, intimidating and threatening students and staff, and acting in general like a typical lynch mob obsessed with groupthink. I also learned that the investigator had uncovered numerous instances of outright fabrication on the part of the mobbers, in addition to false statements, radical distortion, and pettiness in all their other allegations.

Nevertheless, the two faculty committees eventually involved in the investigation were easily misled by the dean and the university’s legal office, documents were withheld from them by university officials, they did not interview witnesses themselves, nor was I given adequate opportunity to respond to either committee. At the end of the investigation, the dean tried to get me to resign my tenure in return for a couple of years’ salary and the threat of dire consequences if I didn’t. I refused, since senior positions in my field are scarce as hen’s teeth and my discipline isn’t marketable outside the academy.

Without my ever seeing the written complaint the mobbers had submitted and without a hearing, the dean then banned me from my department, my salary and benefits were cut, and I was suspended from teaching for a period of time. I do not fault the faculty committees for ill-will, or even overweening arrogance, but for naiveté in being unprepared to believe that there wasn’t anything to the hundreds of accusations the mobbers had thrown at me (their meetings had generated some truly wild stories and hysteria), and for incompetence in running a complete and fair investigation. Sometimes where there is smoke there is no fire, but only purveyors of smoke.

In reaction to what had been done to me, I attempted, at great expense, to sue the university, but without success—my suit was dismissed on a technicality. Private universities can get away with vastly more misconduct than the courts allow public universities. However, I did obtain detailed information about the dishonesty that attended this matter from beginning to end, not only on the part of the complainants, but on the part of the dean and the university’s legal office. The information, to me, was worth the price of the lawsuit. The subsequent decade has been difficult, in part because of the detailed information about injustice that I uncovered and have been unable to use to any effect. Even though I have interviewed elsewhere as a finalist for several administrative positions, the necessary disclosure of my difficulties with my present university terminated each of those possibilities. Openings for senior professors in my field have been rare, and although I’ve been a finalist for both positions I’ve applied for, in each case I lost out to younger candidates. In recent years, in response to my formal complaint about the dean to the Board of Trustees, my annual salary increases have been reduced to a pittance in relation to everyone else’s. So much for academic freeedom.

My professional life at my university is now filled with ironies. My teaching has been restricted to an introductory course for non majors that others in my field don’t want to teach, nor am I allowed to do any interdisciplinary teaching or teaching in other departments, even though in the past I had taught highly successful interdisciplinary courses and courses in two departments other than my own.

Fortunately, the students who register for my present course are mostly quite good, and I receive some of the best student evaluations in the university despite the deadening effect of teaching the same thing year in and year out. But I have no opportunity to work with majors in my field, and I am deprived of being part of the life of the university, which I always enjoyed. On the other hand, since I am not included in or asked to do anything other than teach my course, I have far more time for my own research and publications than ever before.

Outside the university I have an international reputation for my scholarship, integrity and personality, and I am treated with great friendship and respect by colleagues elsewhere. I am frequently invited to international conferences and asked to speak and give workshops on endowed series at other institutions. I’ve served on doctoral committees at other universities and on review committees for departments in my field, including the Ivy league. I’m constantly asked by younger colleagues for fellowship recommendations, and by department chairs for tenure and promotion evaluations, including some from the most prestigious departments and universities in the country. I am regularly asked to do peer reviews for the most important journals in my field.

No one either inside or outside the university who knows me believes any of the allegations of the mobbers, and the effect of my being disciplined and rusticated has been to bring disapprobation from colleagues all across the country on my university, my former department and the colleagues who mobbed me
. In the past decade the department has been mostly ruled by the mobbers and their supporters, and each in a series of chairs has ruined a specific aspect of the department. The once thriving graduate programs have either disappeared or are hanging on by a thread; no longer are there applicants from important undergraduate departments in our field. Recruiting of new faculty has also been problematic because of the widespread negative reputation of the department. These chairs have further fouled their own nest by retaliation against faculty and staff who supported me or who even insisted on remaining neutral. Firings of faculty and staff over the past decade have been legion, including non-tenured faculty who were outstanding in their subject areas. Even the university administration is fed up with a department that is the source of constant problems.

Nevertheless, the dean not only overlooks this kind of behavior, the university has refused to investigate numerous thoroughly documented grievances of serious retaliation, despite piously advertising each year that it does not permit retaliation of any sort. Many current faculty stay away from the department, only showing up for their classes and avoiding as much contact with its ruling clique as possible.

All this has happened in the decade in which I have been gone from the department and had no influence over it whatsoever, so I clearly was not the problem. Almost all faculty and all of the staff are afraid of the current chair, who was the leader of the mobbers (this appointment alone illustrates the irresponsibility and cynicism of the dean). The department is now in almost as bad shape as it was before I arrived. Recently the university has instituted a code of conduct, emphasizing professional integrity, which all faculty are required to sign, but whose standards none of the department chairs who followed me, nor the dean himself, who is widely criticized throughout the university for dishonesty, could ever meet. But of course, they will never be held to account.

How have I coped with all this over the past decade? It hasn’t been easy. On the one hand I have very few duties and still receive a full-time salary and benefits, even if somewhat reduced, and can continue to do so as long as I wish. This is comforting financial security. As an academic cousin of mine put it, “You’re in academic Heaven—you just had to go through academic Hell to get there.” When I talk to colleagues at other universities about my situation, they sometimes jokingly ask, “How can I get such a deal?” But I hardly view it as heavenly. In my innermost being I’m a teacher—at my previous university I won all the major teaching awards—and it’s very frustrating not to be able to expand my teaching into new and interesting areas or to be able to engage majors and graduate students in my field. It’s difficult not to be able to share in the life of the institution through committees and interactions with colleagues—something which I always found interesting and rewarding, even if sometimes overly time consuming. I had for decades been an active and forceful supporter of women’s role and rights in the academy, but I now find myself uncomfortably suspicious of women in a way I never was. I now wonder what someone to whom I’ve been pleasant, supportive, and helpful might be plotting behind my back.

Perhaps most difficult of all, however, has been the shattering of my belief in the societal role of universities as committed to truth and as bastions of justice and ethical conduct. I’ve seen plenty of bad behavior by both individual faculty and administrators over my long career at four different private institutions, but I had never before encountered or even heard of a systematic, sustained Orwellian environment, not only within a department, but at the central core of a university. The very foundation of why I became an academic in the first place has been dislodged, and I find myself in that otherworld of big brother who officially declares that black is white and who defines reality, not according to facts and objective judgment, but according to what is expedient for the pursuit of authoritarian power and control. I feel like an alien in my own country, a refugee with no place to flee. I’m sure that most other “mobbees” are in far worse circumstances, though probably are not any more angry, than I.

Name and institution withheld at writer’s request for fear of further retaliation.

Hourly paid lecturer wins full-time staff rights in landmark ruling

An hourly paid lecturer has won her legal fight to be recognised as an employee by her university, giving her pension and holiday rights in a case that her union said could have ramifications across the sector. Although Kaye Carl's contract with the University of Sheffield expressly stated that she was not an employee, an employment tribunal said it had been persuaded to "look at the reality not the label".

All hourly paid staff counted as self-employed by their institutions should reassess their situations in the light of her win, the University and College Union said. UCU policy officer Jane Thompson, who appeared as a witness for Ms Carl, said: "The arguments put forward by her employer are ones we've heard before. We suspect that there are a lot of people in her situation, who have been told they are self-employed but who are employees (based) on the facts."

Ms Carl started work at Sheffield in 2002 as a tutor in shorthand teaching 20 hours a week. Her contract described her as a "contractor" and included a clause stating that nothing in the document "may be interpreted to make the relationship of employer and employee between the university and the contractor".

She was told at interview that the post would be on a self-employed basis and that she would have to submit invoices to the university. However she later submitted claim forms and the university deducted national insurance, at the employee rate, at source.

In 2006, Ms Carl became aware of legislation aimed at protecting part-time workers and complained to the university that she was being treated less favourably than a full-time tutor with regard to pay, holiday entitlement and pension.

At a pre-hearing to decide employment status, the tribunal found that Ms Carl had "had the trappings of self-employment thrust upon her". There were no negotiations at her interview over rate of pay, it pointed out, as one would expect if it had really been a meeting about a business arrangement.

Ms Carl's right to use the university car park, her inclusion in the university handbook, the payment of her expenses and sick leave and her use of the grievance procedure all pointed to her being an employee rather than someone conducting her own business, the tribunal concluded. The university has now accepted that Ms Carl has pension rights and that she is entitled to holiday pay.

Ms Carl represented herself after lawyers employed by the UCU, Thompsons Solicitors, advised that she was unlikely to win. "Many universities now are in the process of regularising casual workers, and I am sure many individuals are employed in the way that I was," Ms Carl said.

A judgment on the substantive part of the case, which will decide whether or not Ms Carl was unfairly treated compared with the university's full-time employees, is expected shortly.

A spokeswoman for Sheffield said that the university is committed to all its employees and is "currently leading the way on the regularisation process of atypical workers". She said that the university strongly denies claims that Ms Carl was treated less favourably on the grounds of her part-time and fixed-term contractual status.

By Melanie Newman, Times Higher Education