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Sprague Copyright @1993 TX 3 608 425 Wild Justice by Ruth M. Sprague Wild Justice-Ruth M. Sprague Copyright @1993 TX 3 608 425 BACK COVER The court and the EEOC said sex discrimination! Belmont U. terminated her anyway! Belmont University had always looked upon faculty misdeeds such as child molestation, sexual harassment or record falsification with a tolerant if not blind eye. Strange then that the entire administration mobilized to aim its big guns at Professor Diana Trenchant--or was it? The inner workings of administrative jingoism are exposed as a popular teacher is given a termination hearing where the presiding officer is the accuser, the prosecutor and the judge, and the testimony in her defense is ignored. "WILD JUSTICE chronicles the outrages of one woman's experience with an engaging mix of humor and indignation. The use of fictitious names underscores how the problems are systemic and not merely rooted in the particular persons involved in this `witch hunt'. I hope it will be widely read-- both for its own sake and to encourage the kind of struggle that redirects higher education to serve the people and social justice, however wild!" Professor Willard Miller, University of Vermont. COPYRIGHT PAGE Published by T'Wanda Books, P.O.B. 1227, Peralta, NM 87042 Copyright @ 1993 by Ruth M. Sprague Cover artist: David O'Vitt 1. Publisher's Cataloging In Publication Data 2. Sprague, Ruth M. 3. Wild Justice 4. 1. Fiction. 2. Sex discrimination. 3. University policy and procedures. 4. Feminists. 5. LC#: 93-060721 6. ISBN 1-883889-05-7 Softcover AUTHOR'S NOTE It is no accident that women continue to earn less than men. Nowhere is this more evident than in the testosterone temples of academia. Here, the ceiling is made of plexiglass. Although more women are allowed in the classrooms and even into the board rooms, decisions are still made in the men's rooms. More women obtain advanced degrees and achieve faculty positions, but few are allowed into the highest administrative positions. Rather, they are found in greatest numbers in the lower paying, most labor intensive positions. Civil Rights laws connecting compliance with federal grants are blatantly ignored or creatively circumvented by many institutes of higher learning. The courts and the EEOC, weakened to the point of extinction by the regressive administrations of the eighties, are about as effective as warm spit in enforcing compliance. Using the double edged sword of coercion and harassment, these institutions of "higher learning" continue to maintain their status quo. This book portrays a few of the artifices they employ. Characters, descriptions and locations are fictional, created from the right side of the author's brain. DEDICATION In fondest memory of LEAH RUTH DENTON, this book is dedicated to all WOMANKIND AND HER SUPPORTERS who refuse to accept the definitions and limitations imposed by ancient conquerors. ABOUT THE AUTHOR Ruth M. Sprague, Ph.D., a native Vermonter known to hundreds of her former students as Dr. Ruth, is retired after many years teaching nursing and medical students. She has published several scientific papers, teaching tutorials and one novel, VERMONT TALES FOR FOOLS AND OTHER LOVERS. "Revenge is a kind of wild justice." --Francis Bacon WILD JUSTICE by Ruth M. Sprague Foreplay "You can't be serious," exclaimed Diana Trenchant, leaning toward the man sitting behind the desk. "Incredible! Why on earth would I want to fill out and turn in student feedback forms in my own course? All of my semester student evaluations have been excellent." Dr. Lyle Stone, Chairman of the Nutrition, Embryology and Radiology Department, relished the power of his position as fervently as he detested the acronym, NERD, that had been irreparably attached to it. He passed a small pile of forms across his desk to Diana. "Obviously you wanted to cause harm to the two other instructors in the course," he replied smugly. His expression and demeanor suggested a small boy torturing a bug and extracting the utmost enjoyment out of it. "Harm them?" Dr. Trenchant laughed scornfully and sat back in her chair scanning the evaluation forms. "You claim I wrote these five which are derogatory toward them and the course. Five! Over two years and hundreds of feedback forms? How could there be any harm attributed to these particular forms when you know that both of those instructors have consistently received derogatory evaluations from the students since they started teaching the course?" Diana held the offending papers out in demonstration toward Lyle, indignation rampant in her gesture. Lyle ignored her question and picked up two other papers from his desk which he handed to Diana saying accusingly, "Besides those five, here are copies of two you also wrote concerning the nutrition course. Together, these constitute repeated acts of dishonesty which are grounds for termination for cause. "However. . ." Lyle tried for a kindly expression and failed, "we are prepared to forget these charges if you resign." "Oh, that's the game, is it? No way. I'm going to talk to the faculty ombudsman about this and find out what steps to take," returned Diana, hotly, rising from her chair and starting toward the door. "You can't." As Diana turned back to look at him, Lyle continued with some desperation, "You have no recourse, no appeal. The entire academic council have met and decided already on this course of action. If you do not resign on your own, you will be terminated." "But not without a hearing certainly--according to the faculty handbook. Or are you suspending those rights along with my access to the ombudsman?" Grabbing up the copies of the forms, Diana left the room. As the door closed behind her, Lyle reached for the phone and dialed with considerable agitation. "Henry, she won't resign. She's gone to see Jonathan and intends to make a public mess of it," he babbled hysterically. "Calm yourself, Lyle. I've already spoken to Jonathan and if it comes to a hearing, well--don't forget, I select the hearing panel and chair it. Her public mess be damned, all our hearings are closed to the public. Get a grip and stop blubbering." GIVE THE DEVIL HER DUE Chapter 1 It was going to be a perfect June day. Already a cloudless, azure sky, promising no hint of rain, arched over a shimmering campus. All shades of green were represented and so was every color in the flowers that lined the walks and burst forth from the beds. In perfect compliment, the lovely old brick and stone buildings sat around the campus, complaisant and secure, full of pride and tradition. The library building, squat and solid, redolent with the collected tomes of the ages, stood as a testament to humanity's progress. Works of ancient poets and philosophers, sinners and saints filled the shelves co-mingling with the more recent and modern books. Here were the records of man's highest achievements and his inhumanity to man but as yet, this building cataloged few, if any, records of woman's highest achievements and man's in-humanity to woman. The former being seldom recorded or remembered; the latter too usual and customary to remark upon. Whistling softly to himself, Jonathan Bambridge, Professor, Ph.D, Faculty Ombudsman left the sidewalk and entered the administration building. He proceeded directly to the Vice President's office and entered through a door already open. "Jonathan, good of you to come on such short notice," greeted the Academic VP, waving Jonathan toward the inner office. One wall of the office was devoted to `art'. The entire grouping reminded Jonathan of different aspects of the same road-kill. "On a day like this, it is a pleasure, Henry. Looks like the weather is cooperating for graduation this year." "Well, it's about time. Two years in a row we've been rained out. Drop your bag, grab a cup of coffee and sit down." Henry Tarbuck, Academic Vice President picked up his own cup from his desk and went to the conference chairs arranged for conversation in the office alcove. From here he eyed Jonathan reflectively. Good man, he thought. Saved us a batch of trouble by coming to me right off. Tarbuck adjusted his six foot two, rather heavy-set frame more comfortably in the chair. Young for his position, barely in his thirties, he directed seasoned professors twice his age and experience. This along with his imposing height and bulk had caused some resentment but Henry just ignored it. As first assistant to the president of Belmont University, he reveled in power and position and firmly believed that those that can, do (like him) and those that can't, teach (like faculty). He covered this attitude with a hearty, down-to-earth, back slapping manner that fooled no one but himself. Bambridge joined him in the alcove, holding his coffee cup out ahead of him like an offering. "Damn good coffee, Henry. Must have made it yourself." At fifty-five, Henry Bambridge figured he'd seen it all and most of the fight had gone out of him. Physically, he was the opposite of Tarbuck, slight in build and not quite five ten but looked shorter. His features were finely drawn, almost feminine in contrast to the dark, craggy, nearly simian countenance of Tarbuck. "Let's get down to it." Henry Tarbuck radiated impatience as visible as the steam rising from newly deposited excrement on a frosty day. For a time, the men went over the schedule of events slated for the hearing. "Everything seems to be in order," Jonathan suggested. "Right, it's a go. I want to tell you, Jonathan, you've done a damn fine job so far." Henry gestured expansively. "By advising Diana Trenchant to attend her termination hearing without an attorney, you saved us all a great deal of trouble." The ombudsman acknowledged the compliment with a nod. Jonathan knew his job was to provide just such a service to the administration. He understood that the ombudsman's function was ostensibly created to provide the faculty with a neutral source to handle complaints. Most times the illusion of impartiality was well maintained, but the reality of the position was otherwise-- it was the administration's ear and eye on the faculty. "Just followed your suggestion," Jonathan replied, preening self-consciously. Feeling himself in the good graces of the VP, he continued. "What's the story here, Henry? Why is this being handled so harshly? Her transgression is fairly innocuous and I'm surprised it's even coming to a hearing panel. Why not slap her down or suspend her? Hell, it would be less trouble to retire her, she's been here nearly twenty-five years!" Henry twitched with ill-concealed indignation for an instant then answered calmly but with some passion, "Between you and me, Jonathan, the bitch needs a taking down. You know how we've adjusted to federal and state mandates that women be accepted, even encouraged to work and matriculate here. "All in all, it hasn't been a bad deal for us. Sure, we've had to raise some salaries but, well, give the devil her due, most women do seem to work hard and get a lot accomplished. They are usually fairly easy to control. Most are scared stupid of being called a lesbian and petrified at the thought that this accusation might be spread around among people they know. Or, if they are married and obviously straight, plant the suggestion that it might get around that they are promiscuous. It turns them to jelly every time." Henry laughed delightedly as he stood up and assumed a lecturer's pose, unwittingly mimicking the profession he disparaged. As he warmed to his subject, he walked back and forth across the office, adding punctuation to his lecture with his body. Jonathan watched him intently. "Then there are the most enjoyable ones. They're on the make for any man who is looking for an easy lay. They trade their ass for any glory that may fall their way through association. As workers, most aren't worth shit but they do as they're told. Have to watch them though because if someone higher than you in the pecking, or ha ha, pecker order, comes along, they leave you cold. "Now, so-called liberated professionals, feminists, may become a focus for women's groups on campus. They get a name for being champions of women's causes. However, jerk their chain and they are a hodgepodge of insecurities. They have worked so hard to attain their position and the prestige and power that goes with it, that they are our best allies against women's movements and demands for equal wages, in short, any kind of problem we may encounter." "How can that be, Henry?" Jonathan was finding the impromptu lecture not only informative, but very interesting. "We just put them on committees or hearing panels such as the one coming up. In appearance, we are being fair by having women represented, not just women, but women who are vocal regarding their movement. Actually, because they want so much for themselves, they are easy as hell to buy. We provide perks that make them feel important. They get invited to presidential teas, trustee cocktail parties-- anything that puffs them up, makes them feel good--that's the carrot. "The committee chair lets them know how to vote and how well pleased their dean will be with them and voila! Believe me, they well know how bad it can get if they fall out of favor with the boss. If this isn't convincing, just indicate to them that they can be made to appear mentally unstable or morally deviant--that's the stick. "Very few women fight back or quit a committee even if they become uncomfortable with what it is doing. Most just keep their heads down and hope nobody finds out how they voted. I've appointed three women to the Trenchant hearing panel. Two of them are younger women hot to trot up the academic success ladder which I just happen to be holding." Henry paused, preening himself with obvious relish. Eager for more of this fascinating information, Jonathan queried, "What about Diana Trenchant? She doesn't appear concerned that everyone would know she committed a crime. She refused to quietly resign claiming that the accusations are false and apparently is going to put on a defense at the hearing." "Defense! Ha! It won't amount to bug dust. I chose the panel and I shall chair the panel and the panel will vote to terminate her." Henry was becoming very agitated. His pacing was now fast and choppy. "She's one of those trouble makers who do so well in their job that it's hard to find a reason to get rid of them. It is vital that we hold this hearing and terminate her. We must provide an example." Turning back toward the table, Henry started to shuffle the papers busily. "We've gone over most everything in the handbook on procedure and as far as I can see, everything is proper. What do you think?" Jonathan, who was holding a copy of the faculty handbook and studying the tip of his left shoe, shook his head in agreement. "It all appears to be absolutely correct so far." "Fine. Now I'll expect you to be available during the hearing in the waiting room. This is just for appearance, for extra insurance. Things have a way of getting screwed up where she's concerned." Hoping to reopen the informative flood gates with a smattering of devil's advocate, Jonathan observed slyly, "You know, Henry, her personnel file was rather impressive. She appeared to have been an capable technician, an excellent teacher and received high performance evaluations. No complaints for being late or absent from work, no reports of drink or drugs. . ." Again the VP became agitated. This time he grabbed his cup and went to the coffee maker. "She gets people stirred up. That's where problems arise from--those unexpected, unknown sources. No administrator can prepare for those kind of events. For instance, a few years ago a student under her influence embarrassed Jimbo Jones--he was NERD chair before Lyle--and put the department in an uproar. . ." Jimbo Jones, chairman, six NERD faculty members and two graduate student Teaching Assistants occupied the conference room at the weekly departmental meeting. Over the general murmuring and grumbling of a discontented faculty, Peter, the departmental mouth said, "We ought to get a higher percentage raise, Jimbo. Every year you tell us the same thing. Times are tough, the legislature won't spring for a decent appropriation. The dean can't. . ." "I know that and I've been thinking how I could cut the roster and have a little more to share among the rest of us. If you agree, I think it's time we let Diana Trenchant go. Last year I had to give her a whopping raise while the rest of us had to settle for the usual 3%, and Ted at the Affirmative Action Office says we've got to give her more again this year and then still more until she catches up to or surpasses Fred's paycheck. "Of course, it means that you will have to share Fred, our only other technician, do your own research or get a grant and hire your own technician." Most of the people in the room moved uncomfortably in their chairs looking down at the floor or out the window. Looking anywhere but at each other or Jimbo. "It's settled then, we let her go?" Jimbo broke the silence. "No one opposes? All right then, it's. . . "I don't know too much about these things," came a hesitant voice from the back of the group. Everyone turned around to look at the young graduate student, Holly Preston, who had spoken. In a voice getting stronger all the time, she continued, "As I say, I don't know much about this, but I thought when someone was fired that there had to be cause. That is, that they were not doing their job properly or whatever. "Since I've been in the department, I have been impressed with Diana Trenchant's hard work and knowledge. I've gone to her often for help. What reason will you give for firing her, Dr. Jones?" A taut silence descended upon the room like a malignant fog. Then, an angry, red-faced Jimbo Jones glared at Holly, declared the action tabled and adjourned the meeting. The NERD faculty Judas goats shuffled out sheepishly, having been well and truly sheared by a lamb. Chapter 2 VP Henry Tarbuck closed the file folder then shifted his bulk to place it on a nearby table. His expensive chair started to groan in protest then as if remembering how much it cost, only murmured quietly. "We must be careful that this hearing gives all the appearances of being completely fair, especially after the disaster in Lyle's office." Jonathan leaned forward and deposited his now empty cup on the stand beside him. "Yes, I heard about Lyle bungling that one. First he yelled at her so loudly that the secretaries in the outer office left in embarrassment and then was stupid enough to tell her in front of witnesses that the hearing panel was only a formality and that she would be terminated anyway." The VP shrugged, obviously irritated. "Admittedly, he pushed too hard. It came as a shock to him that she would refuse his demand that she resign. He lost his cool and tried to bully her into it. He's new to this, taking over as he did such a relatively short time ago from Jimbo." "Well it does appear that he had problems with her. I do see that she appears to have a propensity for causing discomfort, but other women, and men too for that matter, have been troublesome. Why the excessive anger toward her?" "First off, Jonathan, the anger is not excessive, it is justified," Henry retorted testily. "Yes, we've had critics, annoying critics, but when we offered them some redress, they were grateful. She, on the other hand, considered every concession we made as `a day late and a dollar short'--utterly maddening! And what really frosts everyone's ass is that she is just as recalcitrant when she argues on behalf of someone else. Who the hell is she to care if someone feels unfairly treated by us?" "Well, of course I'm still using the only frame of reference that I have which is her personnel file and from what I can see she was as much `sinned against as sinner'." "That might have some validity up to the point where she openly and publicly challenged the president of this university," retorted Henry waving the file he was holding in Jonathan's face for emphasis, "but not anymore." "You mean she picked on The Pope, Henry?" Chapter 3 John T. Pope had been president of Belmont University for nearly twelve years. Because of his belief in his own infallibility, he soon became referred to as The Pope. He greatly increased the senior administrative staff which now occupied one whole wing of the administration building. This wing was known as the Vatican and when a person spoke of kissing the Pope's ring, it was well understood what part of the Pope's anatomy they were referring to. The slew of vice presidents, associate vp's and assistant vp's around the president were soon called the Vee's. Most people believed Vee was short for vice president but insiders knew it really stood for vestigial virgins. He located the personnel office close by the Vatican. It was the administration's muscle and the buffer between it and the so-called support staff. Patterned after the military, it was directed by, and key positions held by former military men. The military analogy persists throughout the university structure. Upper administration and faculty are designated as officers. In order to insure staff cooperation, President Pope had created a company union called the Staff Association. To keep tabs on the members, he appointed the director of personnel an ex-officio member. The current director, Greg Harrison, attended every meeting, answered questions, directed staff activities and channeled them into acceptable areas. "Yes, I do," Henry continued glowering. "A year after Trenchant got on the Staff Association, she was elected its chair and that body turned from being a very convenient rubber stamp into a cohesive, confrontational group of people. She was reelected unanimously for a second term and during those two years she managed to upset nearly everybody in the Vatican--especially, The Pope. It seems, from what I was told when I was appointed academic vp, that during this time a great deal of energy was directed toward damage control. "Nothing worked with her. All the tried and true methods of threat or blandishment had no affect. She didn't seem to notice or understand that if she played ball she would become more important than the staff she represented. "She and the Staff Association encouraged the rest of the staff to bring problems to their office. We had almost daily calls from the Attorney General's Office because she advised women to make complaints if they were discriminated against or harassed. She even boxed in Mark, the university attorney, and just four years ago, she made a shambles of personnel by kicking Greg, the director, out of the Staff Association. "And that's not all. Under her direction, the Staff Association started to by-pass personnel altogether. They investigated several grievances and represented the grievers they felt were abused by the system. "They started a staff newsletter to inform everyone about their rights-- especially concerning sex discrimination and sexual harassment. The staff was told to stay away from the affirmative action office, which was described as a tool of the personnel department, and take their complaints directly to the Attorney General-- they even printed her phone number, for Christ's sake. . . . "Trenchant and a committee met with a federal EEOC investigator. He was presented with a list of staff and faculty positions with a notation of the total number and how many were held by women. The investigator was here to make sure the university was in compliance for a million dollar federal research grant." Surprise suffused Jonathan's face. "How did she get that information, Henry? I thought that was one of our better kept secrets." The Vee exploded. "We were exceedingly careful never to publish anything like that. Members of the Staff Association went through the campus directory to compile the list. Took a lot of time, but they kept at it." "Sonofabitch!" "Yeah," agreed Henry. Lyle gave her a faculty appointment to get her out of staff politics. He had her teaching every semester with the hope that she'd be too busy to cause anymore trouble. Next thing we know, she's threatening to sue the NERD for plagiarism. You know the rest and we have just time enough to get ready. Use the facilities if you need to." He pointed in the direction of an adjoining washroom, then opened a closet door and removed his cap and gown which he laid across the table. Jonathan opened the case he had brought with him. As both men donned their robes, Jonathan asked, "why is the Trenchant hearing being held so soon after graduation?" "We wanted to wait until the students left, of course. They've been pestering us with petitions in support of her and we sure don't want them around during her hearing. Also everyone wants to leave as soon as possible for summer vacations, Jonathan. We want this mess cleaned up before we leave." "Well, my station for the grand march is west campus. Yours?" Fully garbed in medieval academic splendor, Jonathan paused by the open door. "My department forms up in front of the library. See you next week." "Right." The two men left the office together then separated at the founder's statue to reach their appointed destinations. What a farce, ruminated Jonathan as he made his way between the colorful plantings bordering the walk. Shakespeare would have loved it. Much ado about nothing and a tempest in a teapot. What a hoot, making all this fuss about seven student feedback forms. Nobody ever pays any attention to them yet suddenly they are so important. Hard to figure a valid reason for such violent reactions from the Vee. Just a couple of years ago, Professor Beand was convicted of child molestation. He was suspended for a few months but they took him right back with no loss of pay or position. And then there was that dean in the History Department who altered faculty promotion papers. Nothing happened to him. I remember one of the Vee's saying at that time that he shouldn't be disciplined for it because other faculty had done far worse things and were not punished. That's sure true. I remember several incidents involving students, alcohol, drugs. . .all swept quietly under the rug. It's obvious what is going on here. Lyle needs to pull the chestnuts out of the fire for those two new faculty he took on so they can be reappointed and tenured. If he can pin some of their negative critiques on Diana Trenchant, he can argue that all the years of bad critiques are suspect and nullify them. And, of course, Henry and the rest are going along with it out of revenge--they are just plain pissed off because they couldn't win her over with snob appeal. She scorned them, their exalted positions and their offerings. That's it, I bet anything that's it. Silently apologizing to William Congrave, Jonathan paraphrased, "Heaven has no rage like love to hatred turned nor Hell more fury than a good 'ol boy scorned." The medical student that wrote the open letter to The Pope was right--this hearing is an administrative gang bang. Jonathan was soon joined by others in brightly colored or richly black gowns. Peacocked with the educational badge each had attained and crowned with a mortar board which got its name from a board used by masons to hold cement. How appropriate that it is worn on the head. Commencement--a colorful, glorious grouping traditioned by time. All nicely covering the decay and tarnish of some of its stewards. THE HEARING - DAY 1 Chapter 4 "The hearing? Oh yes, that is being held in this room right here," advised Lorraine Debeau, head custodian of Howard Hall. Diana Trenchant and her witnesses had arrived early. One of the witnesses asked Lorraine where the group might wait. "There are two rooms I was told to open. This is the best one right opposite the hearing room," she offered, walking ahead of them into the room, proud as a general leading the troops to battle. I'll give you guys the best one since you are here first and because of what you are doing." As she turned to leave the room, she put her hand on Trenchant's shoulder. "Hey, good luck. You know, you are the only person that ever tried to help us custodians get a fair shake. When you were head of the Staff Association, you made those guys in administration treat us decent." The six witnesses and Trenchant spread themselves out comfortably on the plush sofas and soft rug as individual preference dictated. Good feelings washed over them, mixed with pride and determination. It was as if their cause, their righteous quest, had been anointed by a high priestess. "It's nice to have friends in high places," commented Andrea, looking around appreciatively. They were in a large, rectangular room outfitted as a lounge. At the front facing the entrance hall, the walls gave way to glass, so it was something like being in a fish bowl. Someone suggested shutting the curtains but Helen objected. "No, don't. I want to watch for them to come in. I'm going to take their pictures." There was general laughter at this and Andrea slapped her on the back, "go gittum, Helen." Roz advised the other witnesses not to be intimidated by the panel. "Hey, I've known most of them for years and they are no better than we are." She had held a full time job at Belmont for nearly two years. Roz had been around and was no spring chicken so the group nodded and took comfort from her. She, like some of the other witnesses, was also taking courses in the nursing school. One of these courses was taught by Diana Trenchant. "Look, here they come now," Helen yelled as a group of men came into the hall through the open front door. She grabbed her camera and shot out of the room. One of the men broke from the group and came into the witness room saying loudly, "Who are you and what are you doing in here? This room is reserved." "We were told this was a witness room and we are witnesses," said Roz, flatly. "Who are you?" Glaring at Roz and throwing his entire body into an intimidating pose, the man said angrily, "I am the Academic Vice President, Henry Tarbuck, and I reserved this room for the university witnesses." "That's OK then," said Roz cheerfully and completely unimpressed. "We are university witnesses. Diana stepped forward. "Is there a problem?" "Oh, it's you. You were supposed to go to a room upstairs." "We asked and we were directed here," interjected Roz. Smiling up at Henry innocently, she continued in a child's sing-song voice, "finders, keepers." "Well. We'll see about that," was the disgruntled, graceless retort. As he turned to leave Trenchant stopped him. "I have requested an open hearing which you have denied me. I again ask that the hearing be open." "No, absolutely not. The hearing is closed." "A closed hearing is to protect the rights of the accused. As the accused, I waive that consideration and again request that the hearing be open and that any person who wishes may attend." "No." The Vee closed the door of the witness room behind him with a indignant slam. "Now there's a sweetheart," murmured Roz. "Hey, did you guys notice we got our own phone in here? An obviously annoyed Henry Tarbuck sought out the custodian, Lorraine. "I ordered that downstairs room to be held for the university's witnesses," he barked at her. "Not me, you didn't. I was told to open two rooms for the hearing witnesses. That's all." Lorraine, all four feet of her bristling, stood up on her toes and duplicated the Vee's tone, jaw to jaw. Always outmatched when encountering any female who did not smile, cringe, grovel or otherwise conform to his `typing', Henry turned away from her and fumed his way to the hall phone booth. Reaching his secretary, his tone took on the whine of a young boy. "Lynn, something terrible has happened. That woman took the good room, the one with the good chairs and the telephone. I'm using the booth in the hall! How could this happen?" "I don't know, Henry. I told the custodian over there to reserve the two rooms as you directed me. I don't recall that you gave me specific instructions as to which room was for which group." "I assumed th. . ." Henry broke off as he caught sight of the dean and two medical school faculty coming in the door. "I'll get back to you and get this straightened out. Got to go. "Right this way, gentlemen. We've had a slight mix up in the waiting rooms and I apologize in advance for any inconvenience it may cause. I'm going to have a phone put in soonest and some decent chairs!" Still talking, Henry led the men upstairs. Downstairs, Helen returned from a self appointed scouting mission, breathless and amused. "Oh," she panted, "you should see the room they have. It's a lecture hall--hard chairs and blackboards all around. We sure lucked out by getting here first." "We sure did but our luck was in having Lorraine as custodian in charge. Obviously, we were supposed to get the upstairs one and I'll bet you dollars to donuts that it's been bugged," asserted Roz. Helen had recovered her breath by now and readily agreed. "Yeah, I bet. You know that Vee, Jimbo, was so threatening. I took his picture and he came right up to me and demanded to know my name and what I was doing there and. . ." "Oh, he's a pain in the ass all the time," Roz interrupted. "He was bad enough when he was chair of NERD but now that they kicked him up to a Vee, he's insufferable. Drinks like a fish. Did you tell him?" Helen laughed. "No, I just yelled, `Press', at him and got the hell out of there. "Just a moment ago, outside, I got a good shot of three guys that were just coming in. I think one of them was Dean Broadhurst. One of the guys with him saw me and covered his face-- just like you see the crooks do on TV when they're taken to court." James, the one male witness, came in with Jean and Andrea. They were laden with Dunkin' Donut bags, coffee cups, milk and soda. It was well past the time set for the commencement of the hearing and the six women and one man good naturedly sat down to await the pleasure of the Vee. Noblesse oblige never had functioned at Belmont and they didn't expect it to start now. Upstairs, things were gradually getting sorted out. Harried custodians had removed or stacked most of the student chairs and brought in plush seats. A phone had been located trailing a long, snake-like extension cord that stretched out the door and back along the hall to the office it had been liberated from. The university caterers had brought in a coffee, tea and Danish service which was in the process of being depleted by the administration's witnesses. Henry Tarbuck worked the room, spreading ersatz charm like a bee pollinating from flower to flower. Chapter 5 The door to the hallway opened suddenly and Henry strode in. He looked at Diana Trenchant and gestured toward the hearing room. "We're ready for you now," he announced with all the smarmy triumph of an interrogator leading the way to the torture chamber. The accused stood up. In silence, the seven witnesses grouped around hugging her and each other. The Vee watched, disgust thick as mildew around a neglected sauna, covering his face. Disengaging, Trenchant started for the door. "Here, take this with you just in case you lose your perspective and need to find it," urged James. He shoved an 8 x 10 inch piece of white cardboard into her hand. On it, printed in large letters, was the legend: BEAM ME UP SCOTTY. THERE'S NO INTELLIGENT LIFE DOWN HERE! The hearing room was about 30 feet square with no outside windows. The front, facing the hallway contained the door. The rest of the front wall was glass, similar to the neighboring witness room, but here the curtains were tightly closed as if the room was ashamed to reveal what was to take place inside. A large table nearly filled the room, and seated along the far side of it, nearest the front of the room, sat four members of the hearing panel. At the head of the table, with his back to the blinded glass wall, Henry had enthroned himself. Diana was curtly directed to a seat also on the far side of the table at the back of the room. There were several chairs between her and the panel. Across the table from the panel sat Janet Parks, the court reporter, with her back to the door. She was accessorized with a recording machine beside her and a backup tape recorder on the table. Janet, as her profession demanded, tended to fade into the woodwork. Dress and manner were subdued to the point where she became nearly invisible--but not to Diana. She saw kindly eyes surrounded by a round face that wanted to be jolly and laughing. She saw a possible relief from the dominant accusing eyes. Not an advocate perhaps, but at least neutrality. An empty chair sat drawn up to the table beside Janet and there was another empty chair further down the table opposite Trenchant. The entire setup of the room was intentionally choreographed to promote psychological terrorism. Diana Trenchant and her witnesses would be interrogated by the panel while sitting in the chair beside the court stenographer directly across from the panel. The administration's accusers would sit in the chair which was directly across the table from Diana Trenchant. Except for when she would be testifying, Diana was seated at the place most distant from the door. Alone. Diana Trenchant sat down in the assigned seat and arranged her note pad and documents for easy access. For the moment, the panel was huddled together whispering so she took the time to organize her thoughts and chill out the mounting apprehension. Here she was, sixty years old, twenty five of those working at Belmont, with never even as much as a traffic ticket citation, facing a university hearing panel. Here she was--accused of forging seven student feedback forms. The lump in her stomach and the one in her throat were trying to join together and drag the rest of her down into a black, empty tunnel of fear. Resisting the pull, she looked around the hearing room and met the eyes of the stenographer who smiled at her encouragingly. Janet Parks had attended many hearings. Her job was to faithfully record every spoken word on her transcription machine. Most of the time, she plied her trade in the courts but occasionally she was called out into the private sector. She had seen a lot of people on trial and her observant eyes took in every detail. The configuration of the hearing room had not been lost on her so when she met the eyes of the accused, Diana Trenchant, she felt a tug of sympathy. She noted Diana's pale, drawn features and erect bearing. Here was a woman, thought Janet, who would never use makeup or any other cover up. She has such a direct, honest look it's hard to believe that she is the one in trouble here. As Diana's eyes returned to her notes, Janet looked at her more closely. Not terribly well groomed, she thought, noting the slacks with casual blouse and jacket. Janet recalled that Diana was wearing jogging shoes when she walked in. Obviously, she wore her cloths for comfort, not for adornment. Janet continued her inventory: mousy brown hair--no style, blue eyes. Tired blue eyes. Lots of wrinkles, those badges that life awarded to survivors. Must be pushing along into the sixties. Wonder what she sounds like. Hope she's not one of those squeaky kind. Oh, oh, the head cheese is about to start--get ready. Henry Tarbuck consulting his notes then stated that the dean had accused Diana Trenchant of creating and submitting fictitious student feedback forms. "Responding to the dean's charge, this committee was formed and I will now introduce them. On the end is Mr. Frank Anuse, director of the Informational Studies Unit." The Vee looked fondly at Frank who nodded his bald head in acknowledgement. A tall gangling bean-pole of a man. His head, devoid of any sort of demarcation between face and pate, appeared to float above his body like some sort of alien spacecraft. They had gotten together over drinks the day before and decided that they would play good cop, bad cop at the hearing. He, as chair, would affect neutrality while Frank could go after Diana and her witnesses hammer and tongs. If anyone on this hearing panel was more anxious than himself to smash this woman, it was Frank, mused Henry. He had good reason. It was about three years ago that. . . Affirmative Action Officer, Kevin Goodman, sat in his office reading a letter that had just come in the campus mail. Kevin, a black, realized that he had been awarded this position because of his permanent tan. He had thought when he agreed to take the office that he truly would be allowed to enforce federal mandates. Now, two years into it, the bubble had long since burst. His office was there, it appeared, only to satisfy the law that such an office be maintained. However, deans and directors of departments seldom did as he directed and if he went to the Pope, well, he found out pretty quickly that did no good. He was actively seeking another appointment at a more enlightened and humane university. Enough was enough, but while he was still here, he would do the best he could or was allowed to do. He smoothed the pages of the letter flat and reached for the phone. "Professor Anuse? Kevin Goodman here. Affirmative Action Office." "Yes. What can I do for you?" "I have a complaint regarding your hiring process that I'd like to discuss with you at your earliest convenience." "Now's fine. What's the problem?" "It's alleged that you will not interview or otherwise consider males for positions in your division," Kevin said, carefully. "Can't interview or consider anyone who doesn't apply for a position, can I. Shit! Men just aren't interested in the jobs in my unit." Kevin blinked and cleared his throat. "Ah, well, I called the personnel office and they informed me that they had sent you a file of a male for the last two positions you posted. I was told that you did not interview him." "Could be, I suppose. Probably he didn't qualify." "Personnel says that he is very well qualified." Frank Anuse made a face at the telephone. The supercilious bastard, he thought. Who is he to check up on my hiring? "They do, huh." Frank's predilection for hiring only women, preferably young, was well known throughout Belmont. He laughingly referred to himself as the sheik and the girls as his harem in conversations with his male colleagues. His girls referred to him as Jack the Ripper. Turnover in his department, in all senses of the word, was active. "Yes," Kevin continued. "In light of this complaint, my office will have to review the records of all of your hiring for the past two years. Would you please have this material ready for my assistant to pick up tomorrow?" Kevin spoke firmly, looking down at his crossed fingers. "All those files? Christ, you think I've got nothing better to do than. . . Who in the hell made this complaint, anyway?" "The letter came from the chair of the Staff Association, Diana Trenchant. Evidently several complaints have been brought to her attention." "She can go to Hell and you too, for that matter. What business is it of yours who I hire?" "Federal law prohibits discriminatory hiring practices. This university has to comply to receive federal grants. My job is to see that the university is in compliance." "Bull, everyone knows that just applies to women and spa. . ., er, minorities." "That is incorrect, Mr. Anuse. Anti-discrimination laws apply to anyone who is being discriminated against. Please have those files ready for pick-up," said Kevin and firmly hung up the phone. Frank looked at the phone for a beat and then walloped it to get a dial tone. He punched in the number for Mark Rogers, the university attorney. Reaching his party, he said, "Mark, what do you know about the bitch chairing the Staff Association?" Chapter 6 . . ."and sitting next to Ed is Esther Rondell, agriculture." Frank beamed at Esther who simpered in return. A large woman, Esther wore her white hair in an old fashioned pug at the back. She had been at Belmont longer than anyone could remember. She dressed conservatively and was always on university committees. Esther was at the forefront of every woman's movement on campus. She was quick to rush to any woman's defense and agree that yes, they were badly treated. This allowed her a podium to broadcast how badly she was used by the university. With all her experience, with all her hard work, she was shafted at every turn, was her cry. Any serious group of women who might band together to effect change were usually derailed by her and the administration loved it. An unsuspecting woman who confided in her thinking she was a fellow sufferer found to her sorrow that Esther was only out for Esther. Any confidence given her was nearly always violated. This queen bee just shrugged and stung them to death. A cinch, thought Henry. "Then Professor Jane Astori, physical therapy." Beside Esther, tiny Jane appeared almost doll-like, even though she was only a little shorter than average. Her blond hair was worn long and fastened with a barrette at the back. It swished like a horse's tail whenever she moved her head. At 42, she had attained her goal of becoming a professor and now had her sights on the department chair. She was adept at playing the system. A political pro. "Last, but not least, here beside me, is Annette Pringle, zoology," finished Henry. Annette nodded in recognition of the introduction and then turned her eyes again to the stack of papers in front of her. She was scared. It was her first committee assignment since her appointment as assistant professor at Belmont and she didn't want to be here. Everything was wrong about this hearing. It was plain as could be that Trenchant was being railroaded. Nobody at Belmont ever considered student feedback forms anything more than an exercise in futility. What a nothing, inconsequential charge--yet here she was with the rest of the panel who all appeared to think this was the most serious crime since the Holocaust. Annette hadn't dared to refuse Henry's request after the way the Vee had questioned her. He had come unannounced to her office to ask her to serve on this hearing panel. He explained to her how important serving on university committees could be and how they beefed up a curriculum vita. Then, right out of the blue, apropos of nothing he had said, "I understand you and your friend, Joan, live together." It could have been just an innocent remark, but Annette, with years of suspicion and threats to remember, didn't think so. He knows, she thought and the thought stuck in her throat and choked her with fear. Her weak protests that she really didn't think she had experience enough yet to qualify for the panel had been swept aside and here she was. Henry's thoughts were similar. He smiled in triumph. It really paid to check people out carefully. You could find out the damndest things. Things people were afraid of getting out. Things Henry could used to control them. Still smiling, he turned to the papers before him and in rapid order, introduced into evidence, Medical School Dean Broadhurst's letter of charges, a memo from the Chairman of NERD, Dr. Lyle Stone, and the two files containing the material sent out from Belmont to the document examiners. "These are the items," the Academic Vice President and Chair of the hearing panel committee asserted, holding up the files, "that the hearing is about." "We will commence by having the university's witnesses sworn in by the court stenographer. The committee will then examine each of the witness, then the accused may cross examine them. "After all our witnesses have testified, Trenchant may examine her witnesses and the committee will cross. Are there any questions?" "Yes." Diana said firmly. "You have said that the witness are to be sworn by the court stenographer and I have no objection to that. However, I want it in the record that I was told both by the ombudsman and by you, Mr. Chairperson, that this would be a typical administrative hearing and that witnesses are generally not sworn. When they are, it is done by one of the hearing committee. "I was further told that recording of the hearing would be by tape recorder. I find that neither of these two things are true. "In addition, I want it recorded that I have requested several times that this hearing be open, and the chair has refused. The Attorney General's Office has asked to be allowed to send an observer to this hearing. Their request was denied, but they were promised a complete transcript of it." "OK," Henry brushed aside Diana's observations as if they were of no import, and continued, "we'll call our first witness." Henry rose and went to get the Lyle Stone, chair of the Nutrition, Embryology and Radiology Department--NERD. Lyle was seated directly opposite Trenchant and was sworn by the stenographer. Under questioning from the committee, he gave his name and position. Dr. Lyle Stone was a man totally driven by ambition. He treated people on two levels. If he needed something from you, he was most decent, even kindly; if not, he ignored you. Quick to anger, he rarely checked facts. He took good care of himself, and at the age of 58, he regularly worked out at the gym and was seldom sick. He was, however, short. Shorter than the average man, he tried to make up the height with bluster. This gave him not only a Banty rooster approach to life but also may have been why he resembled one. "How did you become aware of the issue that this panel is investigating?" Henry continued. Lyle testified that two years previously, Dr. Randy Fecesi had come to him with two medical student feedback forms which he had found. "Students are required to fill out and bring to the NERD office a questionnaire type form that critiqued each of the faculty in each course and the course itself," he explained. . . Student Feedback Forms were initiated at Belmont in the middle sixties. They were designed to allow the students to evaluate faculty and courses in response to student demand that they have a voice in their education. Although the professors of each course at Belmont routinely handed the forms out and collected them, they were never taken seriously by any department or dean unless they were uniformly derogatory to a course or professor and sometimes, even then, they were ignored. Mostly, they were treated as a joke by the departments and a lost cause by the students who never saw any changes made as a result of their suggestions. The joke was propagated further when some wag arbitrarily added MUR between the S and FF, creating the adjusted acronym, SmurFF, from Student Feedback Form. From that time on, the forms were printed on blue paper. ". . .Randy said that he had found a SmurFF for the radiology course this year and one from last year that didn't look right to him. He and Dr. Heathson, who teach the course, wanted me to send them for handwriting analysis because he thought they had been written by Trenchant." Lyle went on to explain at some length that Dr. Randy Fecesi and Dr. Ian Heathson were young faculty who were trying very hard to make the radiology course more modern and sophisticated. These efforts, he asserted, were thwarted by Trenchant and there was controversy and conflict because of her. . . When Lyle Stone succeeded Jimbo Jones as head of NERD, he brought his post doc, Ian Heathson with him. No one on the NERD faculty was consulted and all of them were very upset that they were given no voice in a faculty selection. They soon learned that Ian was a special friend of their chairperson and quickly discovered that it was not wise to criticize him in any way. Ian was a real nice, friendly fellow, fairly adept at his research specialty, nutrition (which was also Lyle's) but lacking knowledge and understanding of radiology. Lyle put him in charge of the radiology course given to the freshmen medical students. This act was similar to throwing a child into the water and expecting it to learn to swim. Diana had taught the lab portion of this course for several years. Ian didn't learn very quickly. He tried, you have to give him that, but he was way out of his depth. The students, as kindly as possible, turned thumbs down on him. Not only that, but on their SMurFF's, they were highly critical of the lecture portion of the course, which Ian conducted, while praising Trenchant and the laboratory, especially the laboratory manual which she had written. The manual had been written out of desperation by Trenchant on her home computer. Over the years, the radiology lab manual had degenerated into such a mess that it was difficult to use and impossible to understand--especially when most of the pages were unreadable. This was before the department obtained a copying machine and still used the old fashioned stencils. So Diana wrote and illustrated an entirely new manual and she registered the copyright on it. She offered this finished manual to Ian at no charge for use in the course and he grabbed it like the drowning man he was. The students had made their disgust well known to him and he realized that he did not have the knowledge or experience to produce an adequate laboratory manual in Radiology. Things got better in the course. Ian was improving in his knowledge and lecturing. There was excellent cooperation between him and Trenchant. That is, until Randy Fecesi was brought in. Randy came with perhaps even less ability in radiology than Ian, but where the students were sympathetic toward Ian, they were pissed off by Randy. The SmurFFs they wrote concerning him were not kind. Many reprimanded him for things he had said in lectures which were contrary to what the students read in textbooks. Hurt, angry and unable to get at the students, he turned on Trenchant. At first, Ian tried to stay neutral but eventually, Randy convinced him that the course must be reorganized and they had to start by redoing the laboratory manual. His solution was to change the only part of the course that really worked! Chapter 7 "Now what did you do with these SmurFFs that Dr Fecesi brought you?" questioned Henry. "At first, I just thought about them. Then I took them to Jimbo Jones who was chair of the department before me. "I thought he might have some idea of what should be done and he, of course, knew Trenchant since she had been in the department during his tenure as chair." Lyle continued, shifting in his chair so he appeared taller. "Jimbo immediately took them to Mark Rogers who is the university attorney and Mark sent them out for analysis. "I looked through other SmurFFs and picked out a couple that seemed strange, that didn't seem to me to be what students would write, and Jimbo found a couple in the nursing course and all those were sent out to the examiner. "The document examiners reported that, to the best of their knowledge, Trenchant had written the SmurFFs we had sent them so I went to you, Henry, to the administration, and it was decided that I meet with her and give her an opportunity to resign. When she refused, I wrote the dean and he initiated the termination for cause action." Henry appeared pleased, consulted his notes and asked if Lyle could explain Trenchant's conduct. Certainly, Lyle would be happy to. His eagerness to answer this question lent strength to a skeletal system already overtaxed with maintaining a taller posture. "It had to do with the problems in the radiology course. Ian and Randy were trying to make the course better. She fought them on everything and finally she quit the course--said it was too much along with her other teaching responsibilities. It was about a year ago that. . ." Randy called another meeting to discuss the Radiology course changes. Ian attended reluctantly. He was not convinced but Randy swept him along and Randy had Lyle's approval. All Ian had was a poor track record teaching the course. Randy delineated the changes he was going to make in the manual. The first one was that Trenchant's name would not appear on it. Instead, it would be the product of the course directors, Ian and Randy. He was quietly and firmly told by Trenchant that he did not have her permission to make any changes. The manual was copyrighted by her and would stay that way. He had the option to either use it or not, but he could not change it as he was indicating. As for legitimate suggestions or ideas, she would certainly, as always, welcome constructive criticism and make the necessary changes herself. This was not an arbitrary determination by Trenchant. Her manual was written expressly to teach a circumscribed area of the course. It did not pretend to be otherwise. Even though more emphasis was to be given to recent developments in the field, the radiology course must still devote a great deal of time to the basics. This was because the students had to be prepared for the courses to follow. Randy announced that he would use what he wanted, as he wanted and the meeting broke up. The accused was busy in her office when Lyle burst through the door in his customary manner of no manners. "What do you mean telling Randy and Ian that they could not use the manual and make the changes they want in it?" He yelled at her, continuing with threats of what would or might happen if she didn't do as she was directed. When Trenchant was finally given a chance to answer, she told him simply that the manual was copyrighted and that she had told Ian and Randy that they were free to use it or not as they chose. They were not to edit it or change the authorship, however. When his browbeating failed to move her, he left. Within the hour, Jimbo accosted her in much the same manner. Becoming a Vee had not changed Jimbo. He was still unable or unwilling to govern his temper. "You cannot claim copyright to the radiology manual because it is illegal and the university will sue you and put you in jail." After he had stopped yelling, Trenchant told him the same thing she had told the others. He left and went into Lyle's office where they were joined by Ian and Randy. It was decided that they would retype the radiology manual using as much of it as they wanted. "To hell with that trouble-making broad," was the decision of the assistant vice president for academic affairs of Belmont University. This was done. Without permission, they used large portions of the manual in the fall radiology course, giving no credit to its author. Diana was not the only author so honored. In the manual, and in other material that these men put together to teach the radiology course, complete excerpts were taken verbatim from four standard radiology texts. No source was cited. No author was credited. Also, an entire atlas on radiology was photographed. Several copies of these photographs were made and put out in the lab with absolutely no credit given to its authors or publisher. At least one medical student was incensed by this. He or she wrote to the publisher anonymously. The accused learned through the student grapevine that the department got into serious trouble because of this and that Dean Broadhurst was furious. Lyle blamed Trenchant for blowing the whistle, conveniently forgetting that it was a student who had written the letters. Chapter 8 Lyle droned on and on with a litany of sins attributed to Diana Trenchant, carefully circling the truth. "Whatever problem the department had, she was usually responsible," he asserted. The folds of paper falling from the court stenographer's machine stacked higher and higher. Janet was beginning to look very tired. The `suspect SmurFFs' were introduced and Lyle identified them. "Yes," he intoned, "When I spoke to Trenchant and told her she had the option to resign and nothing further would be said or done to her, I gave her all of the handwriting evidence, all of these SmurFFs, at that time." Now, Henry allowed questions from the rest of the committee who started to slowly wake up after enduring Lyle's long and repetitious testimony. Nearly 20 minutes was spent answering their inane questions regarding how many courses were involved and who found the `suspect' critiques. Most of their questions had been answered previously in the material given them-- the dean's letter and Lyle's memo. Esther, however, alertly noticed that some of the SmurFFs in question had no dates and inquired how these could be said to come from a certain year. The answer given was a model of obfuscation. Lyle replied, "The critiques from those two years came in a packet to me from Randy and Ian. Those were the years that Trenchant was indeed involved in teaching this course." Satisfied with the answer apparently, Esther questioned why one of the suspect SmurFFs had a note stapled to it. Diana sat up in her chair. This was a question she wanted answered. Lyle replied that it was a note from Trenchant and that he had stapled it to the evaluation prior to sending it off to the handwriting analyst. None of them questioned why a note in Trenchant's handwriting was made a part of the document that the analysts were to analyze for authorship. Annette wondered if she understood correctly. Did Lyle say that he kept all of the critiques in his office? When Lyle answered yes, she asked how it would be possible for Diana to submit falsified ones. The silence in the room was deafening. Janet, lifting her hands from the keys, massaged her fingers, the suggestion of a smile floated mischievously over her face. Panel member Anuse finally came to the rescue with a cuing question and a long discussion ensued as to how SmurFFs were handled in the department and what happened to them. Many of the answers give by Lyle were false. Diana made a note of these. The chair now looked expectantly at Professor Jane Astori. So far things had gone very well. Everyone had been on cue and except for those two surprise questions. . .well, they were fielded quite adeptly. His chest expanded with pride in his ability to bring this thing to a smooth conclusion. Now it was time for Jane to ask the questions that would delineate the magnitude of this crime. That would certainly figure in the Attorney General's evaluation of the hearing. "Since all of the comments on the suspect SmurFFs refer to Randy," Jane began, "I'd like the details of how this could impact on Ian." Well, Jane had come through all right. A little too direct for comfort but then, she hadn't the gift of subtlety that he, Henry, had acquired. At any rate, Lyle was well prepared and the gates opened and the Ian story poured forth. How hard he had worked at the course. What it had cost him in research time and time away from loved ones. In answer to further questions from Jane, he covered everything. All the trips to the dean's office in Ian's behalf. He emphasized that the disparaging student critiques suddenly got better when Trenchant was no longer in the course. Over and over, he stressed that it was all the faultfinding SmurFFs that were coming in that were the problem. What was the reason for it? He, Lyle, felt that Ian was doing a fine job. Well, the situation had caused them many a sleepless night. And on and on. . . Several times Jane tried with her questions to bring Lyle back to saying how the SmurFFs in question, the ones he thought Diana had written, hurt Ian. Henry had impressed on her that it was important that Lyle be given the opportunity to link the harm caused by Trenchant to Ian as well as Randy. Whatever the reason, Lyle was acting awfully dense, she thought, or else he thinks it's vital to get all this other stuff in first. I've certainly given him the question often enough, let someone else try. She put down her notes, leaned back in her chair and nodded to Henry that she was finished. Frank Anuse took over the questioning. He wanted to know the reason that Ian's SmurFFs got better when Trenchant was not in the course. "Well, you see, these suspect SmurFFs in those packets there, these few are just the tip of the iceberg. Diana Trenchant, during the years she was in the course, influenced the students to write bad evaluations about Randy and Ian." There it was. Stark and real. Diana was not just accused of creating SmurFFs--she was accused of witchcraft. Jane jerked upright in her chair and stared at Lyle aghast. Was he really accusing Diana of that level of control over medical students? Preposterous--one woman, all by herself, had influenced hundreds of medical students over a period of years to do as she dictated. There's more to this than I've been told. . . this isn't about forging seven SmurFFs. What on earth is going on here, she pondered. . . Finally, Henry noticed Janet who had been trying to get his attention for some time. "We'll take a ten minute recess and when we come back, Trenchant may cross examine Dr. Stone. You may leave the room. I'll summon you when we are ready," he ordered, taking in Janet and Diana with the same disdainful glance. The committee huddled and Lyle Stone joined them. So much for impartiality. Janet and Diana left, both breathing an audible sigh of relief as the door shut behind them. Stopping at the soft drink dispenser, the court reporter glanced around carefully then said sotto voce, "What a farce. Unbelievable." Chapter 9 The ten-minute break had stretched to twenty before Henry and the panel finished going over their notes to make sure they had brought out everything that Mark, the university attorney, had advised. Diana and Janet were called back and Diana began the cross examination of her department chair, Lyle Stone. She asked him first to confirm a sentence written in his memo to the dean and which he had testified to before the break. "Yes," Lyle answered, "I did write in the memo to the dean and also testified that I gave you all of the documents used in the handwriting analysis." Diana held up several sheets of paper from the evidence packet on the table. "I have found documents dated nearly twenty years ago in this material the committee has introduced as that sent to the document examiners. These were not in the material that you gave me. So your assertion that I was given all of the documents is incorrect." Henry searched quickly through his copy of the evidence that had been sent to the document examiners as standards. Good God, he thought. What is this creature doing? Come on Lyle, don't let her get the best of you. Ah, much better, Henry observed happily to himself as Lyle started tap dancing around her question. Instead of yes or no, he would repeat at length some of his previous testimony with added embellishments and avoid answering. By persistent questioning, Diana established that he had stapled her brief note to one of the `suspect' SmurFFs before it was sent out for analysis. But it was like pulling teeth. He kept reiterating that it was stapled to a `suspect' evaluation, so it would not get lost. Patiently, she repeated her question, finally wearing him down. "Were the document examiners given this evaluation with the note stapled on it as one of the `fictitious' critiques?" "Yes, they identified that critique as having been written by you." "No distinction between the note and the critique was given them-- according to their report, is that correct?" "I guess so, yes." Using a sketch of the NERD office, Trenchant ran Lyle back through his previous testimony of how the blank critiques, the SmurFFs, were given out, how they were collected and what happened to them afterwards. From her intimate knowledge of the operation, she was able to reveal most of the lies he had told of this process when the committee was questioning him. Jane was listening carefully. Slowly, there evolved the information that this whole evaluation process was sloppy and unreliable. That it had indeed, been this way for years. Given that, she thought, how could he claim that such a high reliance was put on SmurFFs when assessing faculty for reappointment? Lyle admitted that students had scant desire to complete SmurFFs. They considered it a useless effort since little or no attention had been paid in the past to their comments. "To force compliance," he explained, "students were told that unless their name had been checked off on a list in the secretaries' office, they could not receive their grade for the course from the dean's office. Most students bring in completed evaluation forms, place them in the box provided and check off their names. Some merely come in and check off their names, eschewing the forms," he finally admitted with obvious reluctance. This certainly puts a different light on things, Jane noted as she jotted down the information being squeezed out of Lyle by Diana. She carefully registered in neat script: 1. That the blank SmurFFs were left out in the open for days, sometimes weeks so any body could have had access to them 2. That the completed SmurFFs left in the box, supposedly by radiology students, were separated and given to each instructor; the course critiques went to Ian and Randy 3. No tabulation of the number of critiques was carried out 4. Anyone could come in (etc.) 5. Since the critique form (etc.) 6. Most of the submitted critiques were not dated The accused was left out of course planning meetings when Ian and Randy met with Lyle, contrary to what he had just told the committee. None of the documents he had sent to the analysts contained anything detrimental to Ian Heathson, as claimed in his memo to the dean. She re-read what he'd written in the memo, "These fictitious student critiques were very detrimental and personally injurious to two junior faculty members." Under Trenchant's quietly relentless cross examination, Lyle became flustered. First he claimed that perhaps his language had not been perfect in that phrase but what he meant was that, "manipulation of critiques in general would be detrimental to any faculty member." Trying to bring him to the point, Trenchant read from a signed, dated student critique that had not been deemed `suspicious' by Lyle. It had been submitted during the same period as the `questioned' critiques. "Quote: `I think Randy needs to be more than one page ahead of the class in understanding the material. How can you teach what you do not know? I was also offended by the so-called anthropological function' (he gave) `of the female breasts. I am familiar with some of the literature which support the statement in the handouts,' (in a lecture, Randy had emphasized that the primary function of the female breast was to attract a mate) `but was not aware that THE NAKED APE, PENTHOUSE MAGAZINE, PLAYBOY MAGAZINE and so forth were regarded as competent medical school publications. The underlying tragedy of this incident is that it demonstrates the ease with which non-scientific hypothesis are disseminated without any thought. This, I think, is a poor reflection on the department and the faculty.' Unquote." Diana continued, "This is what I would call personally injurious but I do not see this student critique among the `suspicious' ones--the ones sent out for analysis." Henry started to sweat along with Lyle who was becoming increasingly uncomfortable, his tone hostile. He dodged and refused to answer directly a question asking if he always sent suspicious critiques for handwriting analysis, claiming that in this case, one of his junior faculty had asked him to. Jane picked up on an item of special importance, and extremely relevant, underlining it several times on her note pad. Because of the negligent handling of the critique process, there was no authentic chain of custody maintained! In addition, neither the SmurFFs alluded to as `suspicious' nor the so-called handwriting standards were ever authenticated. According to the testimony she had just heard, each of the so-called `suspicious' critiques had been discovered when the finder was alone. Furthermore, Lyle could give no proof that any of the `suspicious' SmurFFs he claimed were found, had ever been placed in the return box provided for the students. In fact, except for the few critiques that were signed, there was no evidence that any of the nearly two hundred uncontested critiques relating to the radiology course were even submitted by the radiology students! Jane was simply astounded. In all of Lyle's testimony, he had offered no witnesses or evidence that could confirm his testimony that students had been manipulated by the accused. Witchcraft was insinuated, but never proven. Henry was rapidly becoming unglued. Noting Lyle's declining control and fearing an incipient outburst, Henry interrupted and declared that they would now take a lunch break. How could that idiot sit there and let himself give away that kind of detail on how SmurFFs were handled in his department? Henry knew that this was having a deleterious effect on the panel and he knew that he'd better set things straight while there was still a chance to cover up. Chapter 10 Lunch was catered in the upstairs witness room as the prosecution, Henry and the panel, huddled to socialize and discuss the morning events. Henry and Frank Anuse excused themselves after the meal and adjourned to the men's room to plan strategy. "We can't say too much to the women now with the other witnesses around but when we get back, you take Esther out somewhere and I'll handle Jane. Annette's no threat, we'll forget her. Anyhow, explain how all that bullshit about the chain of custody doesn't have any bearing at all. Everything rests on the document examiner's evidence. Nothing else counts. Got it?" "No problem, Henry. I'll set her straight," Anuse said reassuringly. "Christ, Diana really stuck it to Lyle, didn't she?" The defense huddled too. They went as a group to the nearby cafeteria. Everyone took the trouble to keep the conversation light and encouraging. They were convulsed at the reaction of the court stenographer which Diana related to them. "She's probably attended a great many hearings," offered Helen. "What happens in the cloistered halls of Belmont U. would be a bit foreign to her." Even though it was practically certain by now that they would not be needed to testify until the next day, they all elected to stay. "Hey," Roz insisted, "we want to be here for you and each other. It's bad enough that you have to face them alone in that hearing room." "You guys are the best, you know that?" Diana said, fondly. "After the hours spent in that room its such a relief to hear human voices again." When the hearing resumed, Henry cautioned Diana about taking too much time and to stick to the issues. We are only here to listen to information directly concerning whether you forged those SmurFFs in question. You have wasted too much of our valuable time talking about non-related issues." And you, you pompous old windbag, encouraged that witness, Lyle Stone to go on and on for hours on unrelated issues yourself, thought Janet, sneaking a quick, compassionate look at Diana and flexing her fingers in preparation for the next words. Diana almost snorted aloud at Henry's admonition. Composing herself, she said, "I'm finished with my cross examination of Lyle." Frank Anuse immediately asked, "Lyle, if it is demonstrated that a faculty member falsified information concerning another faculty member using SmurFFs, do you consider that to be amoral and unprofessional?" "Yes. We are assuming that honesty must prevail among peers and co-workers." "That's all for now." "I have just a couple of questions on recross," corrected Trenchant. Henry, caught with his mouth open about to hastily dismiss Lyle glared malevolently at her. She smiled back at him then turned to Lyle and asked if he insisted that all faculty be honest. He avoided a direct answer. "Well, no one thinks dishonesty is a good thing, at least I don't think anybody does." "I just wondered why you didn't take similar action, that is report to the vice president and bring charges, when the recent blatant plagiarism of Ian and Randy was brought to your attention," Diana said. Henry, forgetting his assumed role as neutral, quickly snapped off, "we really must keep the testimony on the issue." Diana smiled grimly. "Thank you. I'm finished." Henry quickly excused Lyle and announced that the next witness would be the document examiner and rose to get her. After the door closed behind him, the room was quiet. Its occupants sitting in silent contemplation. Chapter 11 Something had to be done. The group gathered in the conference room were all in agreement on that--but what? The problem was two-fold: what to do about the possibility that Trenchant would bring a plagiarism suit against the department, and how to wipe out years of bad SmurFFs for Ian and Randy. "You realize that we could just get rid of her by invoking the clause in her contract that designates she's first in the department fired if the department has financial problems?" "That wouldn't help much, she could still sue for plagiarism. If we fired her, even justifiably, the papers would play the plagiarism stuff up." "There is another way--by discrediting her first and making the student evaluations invalid." "How!" "During my last trip to New York, I heard about some special services that were available." "Special services? You mean a hit man? That wouldn't help the evaluations." "No. Something else, entirely. Give me a few weeks and then follow through with what you are presented with. It may be expensive, though. Can I count on some help in that direction?" "No problem. You come through on this and we'll give you all the help you want." The others present nodded in agreement and the meeting ended. He could hear the phone ringing in Anderson's office. Ah, there he was. "Andy, no names, please. I'm on the office phone. You recognize my voice? "Yeah, sure. How they hanging?" "Remember our conversation where you told me about the special services guy? "Yeah." "Can you put me in touch with him?" "Yeah." "Thanks, later." He got to the appointed restaurant early and asked for the booth reserved for Smith as he had been instructed. It was amazing how those New York City taxi drivers knew a hole in the wall place like this. Soon, he was joined by a well dressed, obviously well educated man who ordered drinks for both of them. "I understand that you have need of our services. How may we be of help?" "I need to have some papers forged. It has to be a foolproof forgery that will not be exposed if the papers are examined by a handwriting analyst." "That will be expensive, but not impossible. We charge by the number of words and the number of papers or documents you need." The price of each was then given. "Whew, that is steep." "Yes it is. But you want foolproof. Ordinary forgers are a dime a dozen, but we employ only the most expert. These are people who are trained in document examination. They know what a document examiner looks for and what tips them off to call something a forgery. For example, if a person is trying to disguise his or her handwriting, they make it bigger, wider, smaller or larger. "Our forgers, as trained document examiners, look for unique or individualistic handwriting characteristics and make sure these are included in their forgeries. They first find all the characteristics, even the microscopic ones, of the individual's handwriting just as a document examiner does. Then they utilize this knowledge in making a foolproof forgery. "All this takes time, of course." "How do you recruit these people? I should think it would be difficult since they work fairly exclusively for attorneys or police, don't they?" "Well, I certainly can't share our methods but I will remind you that money talks. These people are paid very well for what they do and they know they are protected. I hope you are not so naive that you believe all lawyers and cops are honest! "They are easy to recruit because they may have worked for years for very little. That's why to get the best, you have to pay for it." "OK, here's what I need. I was hoping to have a dozen or so of the following messages copied onto these blue forms, but I'm going to have to settle for these three short ones. "I understand from the man that introduced us that this will never be traced back to me?" "Correct. I am only a broker. I do nothing criminal--you do nothing criminal. The forger never sees either you or me. Someone else takes the material to her or him. That's another thing that makes our service so excellent. I will use a former document examiner who is the same sex and about the same age as the person you want blamed for these documents. "Now, the first thing we need is as many examples of this individual's handwriting and printing that you can get your hands on. We want originals, not copies. However, be sure you make copies since you will not get the originals back. They will be, `consumed' perhaps is the best word for it, in the forgery process. Most commercial document examiners will accept copies of standards to work from and this is to our, and your, advantage. You might get one sharp enough to be suspicious if given enough original standards to compare with our forgeries." The waiter never came back to bother them. They sat in the secluded booth and planned out the three documents to be. A few weeks later. . ."Mr. Smith? Yes, thank you for returning my call so promptly. Yes, the merchandise was as you represented. The professionals have authenticated it." He listened briefly, then said, "We are going to need two more. I neglected dates on the previous order and we have to show repetition of this practice. "All right. I'll meet you there in one hour with the accessories and balance of payment for the previous order." After hanging up the phone, he opened his briefcase and extracted a small packet of bright blue, Belmont Student Feedback Forms and a sheet with the typewritten messages that had been created to be forged onto them. He looked to see that the rest of the contents were in place, then returned everything to the briefcase and left the room carrying it. The document examiner was seated, sworn and proceeded to give her qualifications which were concerned with her training, the number of years in the profession and clients. Alice Stebbins was quite short. Her features gave her age as around fifty and holding. She dressed severely, in browns and blacks which made her look perky and birdlike. Peering at the hearing panel over her half glasses enhanced the bird image, but it was destroyed when she opened her mouth. Her voice, far from a peep-peep one might expect, was deep and strong. She had learned well that when one was giving expert testimony, one presented a confident, assured bearing. Further questions from the chair led her through the evidence and she readily identified all but two of the seven `suspicious' critiques as being written by Trenchant. Her language was laced with the correctness of one accustomed to giving court appearances. She prefaced much of her testimony with the caveat, `in my opinion'. Her attitude of selfassuredness belied this qualification. "Also, in my opinion, those two most probably were written by her. Certainty was not possible since they contained printing and I was not given enough or recent enough exemplars of Dr. Trenchant's printing." Using two large easels, she demonstrated various letters and combination of letters photographed and enlarged from the standards or exemplars and from the `suspect' documents. This kind of testimony was familiar to Janet. She faithfully recorded the words being spoken and knew that standards or exemplars are writing and printing that are authenticated. That is, that are definitely established to be written or printed by the person in question. Customarily, they are taken in the presence of the document examiner so the examiner can swear to their authenticity. Using these visual aids, the document examiner pointed out the similarities existing in the way the letters were formed--making her case that the documents in question, the `suspect' SmurFFs, had indeed been written by Trenchant. Clearly, her presentation was well done and the panel was most engrossed and fascinated by the process she delineated. The panel was eager to question her further. Like most professionals, they were deeply interested in a discipline they knew very little about. "Is handwriting analysis reliable?" Anuse knew what her answer would be and wanted to pin this down first, but the question backfired on him. "Yes," she answered confidently. The panel hassled her for specifics. These were researchers who were consistently challenged to prove or disprove their own theories and then defend them. Statistics were their life. "How have you measured your success rate, what percent of the time have you been right?" They questioned. "In other words, have the courts accepted my qualifications?" "No, not qualifications--evaluations. How many times are you right and how many times are you wrong?" "It isn't looked at that way. The judge or jury look at the whole case, not just your presentation." "I understand that the courts allow your testimony. I want to know the percentage of error in your analysis," asked Jane Astori, leaning forward. "None." "None? Has this ever been calculated?" demanded Esther Rondell. "No. But there is research going on." Jane and Esther looked at each other in blank astonishment and then back at the document examiner, disdain and disbelief fighting each other for expression on their faces. Attempting to save the situation, Anuse asked if the courts accepted handwriting analysis to be as accurate as fingerprints. Her answer dripped confidence. "Yes." Janet sensed that the women on the panel were not about to let this polite exchange continue. The very forces at work over the eons that compelled women to defer to men, rewarded them for fearlessly attacking other women. The confident, assertive demeanor manifested by the analyst would not have been questioned coming from a man, but they would not let a woman get away with it. She knew from countless demonstrations she had witnessed that women may band together at times with the force of a mob to attack another woman. This behavior was and is still produced by the same motivation. Men in power foster it and reward it. Esther began the attack. "There are many letters on the display you have shown that are very different from the standards. The T's look very different." "What T?" "Those." Pointing, "those T's have a straight. . ." "Certainly some letters will be different, but with my training, I am able to see similarities you are missing," Alice Stebbins replied, confident of her own superiority. "If there is a large sample of writing you may be able to see differences in each letter. The samples given me were so small that this was not the case, however, I did have enough material to compare with the unique handwriting characteristics shown in Dr. Trenchant's standards to make a positive identification." "How consistently do other document examiners agree with you or agree with one another?" This from Annette. "I don't know." "Do handwriting examiners oppose each other in court?" "I don't know that. I suppose you could find anyone to do anything. Assuming that there are two document examiners, it would depend upon which one makes the most persuasive argument." "I see," Jane's smile was victorious. "It's not a question of being correct in your analysis as much as your ability to make a jury think so." Henry hurriedly asked loudly, "I understand you are court qualified. What do you mean by that?" "Every time I have gone into court, my qualifications have been accepted by the court. I have never been denied. That is what is meant." The chair indicated to Trenchant that she might ask questions of the document examiner. First, Trenchant confirmed all of the documents given the examiner and again made the point that many of these had not been given her before the hearing as had been sworn to by Lyle and also written in a letter to her by the chair. She next established that all of the exemplars that the analyst worked from were copies. Continuing her questioning of the witness, she asked, "You must be aware that people in your profession pretty much insist on seeing original standards?" Alice dodged adroitly. "I saw the originals of the questioned documents." Trenchant pursued. "But only copies of the standards." Alice allowed, "correct," to escape between clenched teeth. "You have been testifying throughout saying that I wrote the standards you used. I put it to you. Is this something you were told, or do you know of your own knowledge that I wrote those standards you used to compare with `suspect' SmurFFs?" "What was that?" Anuse interrupted. "I'll ask the question again. Please let the witness answer. Specifically, did I write those standards in front of you so you know positively that they were written by me." "No. I assumed that the exemplars that I was given were authentic exemplars or standards of your own writing." "Just as you assumed that I wrote the questioned documents?" Diana paused just long enough for that to sink in, then asked, "It has been pointed out that some of us see many dissimilarities in the exhibit you have shown us. Don't these carry any weight?" "If, in my opinion, the similarities outweigh the dissimilarities, or vice-versa, that would be the basis for my opinion," Alice answered, then forcefully added, "my opinion is based on training, not assumptions." "Thank you very much, Ms Stebbins. I'm glad that we clarified that the standards were assumptions." Anuse promptly went into a damage control frenzy trying to destroy the point made that the exemplars were not authenticated. He would probably have succeeded had not the examiner been so haughty, so confident. At least three of the panel were not convinced by her testimony. Janet chuckled to herself. She didn't particularly like the fact that many women never figured out their intolerance of their own sex, but she was delighted to see anything working in Diana's favor. Evidence was evidence and courts made it clear that you couldn't manufacture it. Evidence had to be proven authentic. She knew that a judge would throw this case against Diana right out on the testimony of this document examiner. There was a delay while Alice Stebbins was escorted out. During this time, Janet rested her fingers and recanted her previous thought. Actually, she amended, it would never have gotten this far. It would have stopped back when it became obvious that there was no chain of custody established for the seven `suspect' SmurFFs. Chapter 12 Henry called the dean of the medical school, Sam Broadhurst, MD, and asked him to identify himself and his position at Belmont for the record, as the witness before him had done. The dean was a swarthy complected, strongly built individual. At 52, his reputation as a ruthless administrator was well known. Just as well known was his reputation for fairness. Where he was faulted was the way he backed up, no matter what, the medical school chairmen (there were no women) who along with him were called `The Boy's Club' by the rest of the medical school faculty. The Boy's Club often went on retreat. At these meetings, held in luxurious surroundings, policies and plans were decided and everyone fell into line, or else. There were those among the faculty that believed that Sam Broadhurst demanded from the chairs, and took himself, an oath in blood. This was because they invariably backed each other up publicly even though privately, they didn't. Henry knew that the dean was not happy with the way the Trenchant situation had been handled. The dean was royally pissed that Lyle had gone over his head to Mark and himself instead of keeping the matter in the medical school and dealing with it there. He was further incensed that they had decided to charge Diana and terminate her before he was even apprised that the situation existed. By the time he was brought into the process, it was to late for him to do anything but go along with it. So Henry wasn't surprised when the dean made it quite clear that he was not consulted until the central administration had already decided to terminate Diana. This was so obvious that everyone in the room realized that he was just doing his job within the system but that didn't mean that he liked it. Having thus vented his spleen about the way the affair had been handled, Dean Broadhurst clearly and forcibly added his opinion to that of Lyle's in almost a carbon copy of Lyle's relevant testimony. Clearly and succinctly without the wandering, self serving side trips taken by Lyle, the dean cast the party line with all the skill of the accomplished angler he was. All right. Well done, thought Henry, with transparent relief. At least things were going all right thus far with this witness. Esther took over the questioning and asked, "Would five or six SmurFF critiques out of around 200 have enough weight to influence your process of evaluating faculty performance in a course?" The dean sidestepped, "The ones in question were pretty damning comments." Esther persisted, "Have you seen the other evaluations? I mean the ones that are believed to be authentic student feedbacks?" Here Dean Broadhurst intentionally contradicted Lyle's testimony. "No. The student comments are summarized by the department secretaries and I see the summaries. There is also a summary of the positive and negative comments and a summary of the numerical evaluation." Jane looked at Henry to see his reaction. She remembered that Lyle had testified that all the SmurFFs were given to, and reviewed by, the dean. Perhaps, Sam Broadhurst thought to himself, it is all I can do for her. The panel has the information, if they choose to hear it. If there was manipulation of the evaluation process, it wasn't a product of five `suspicious' ones out of some two hundred that were considered valid. Statistically, the evidence stunk and he knew it. He also knew a lot more. Two of his children had gone through the medical school when Diana taught in the radiology laboratory. The dean remembered the many occasions he had seen fit to compliment Trenchant on her teaching, saying that he was giving her this critique first-hand from one or the other of his children. Perhaps, thought the dean, if witchcraft was the real charge, the panel would insist that it be proven. Or maybe not. The administration appeared to be out for blood and he was sure that Lyle was still licking the wounds of a few short months ago. . . He had Lyle on the carpet. He had summarily called him down to his office to read him the riot act. "Here are the letters I've received from three top publishers of medical texts. Each one of them protests the plagiarism that a medical student told them your people have committed in preparing course material. "I went to the radiology lab after I received the first letter and talked to some students. Although no one wanted to admit to contacting the publishers, they did show me the areas in their manual and notes that had been copied directly from different texts without citation. "They also showed me the notebooks filled with diagrams that had been copied from a published atlas. Again, nowhere in the book was there any mention of, or credit given, to the source. Hell, your guys didn't even get permission to photograph the material!" The dean continued telling Lyle that quite a sum of money would have to change hands with the publishers to keep this thing quiet. "It must be her," Lyle whined when he could get a word in. "She must have put the students up to writing the publishers." The dean knew who he meant. Lyle was a chronic complainer. "Did Trenchant put your boys up to plagiarism too?" ridiculed the dean. "I understood from you that she was no longer in the radiology course." "She's not, but the students from previous years have told this year's students about her and they all go to her when they don't understand something. "She's really a menace to Randy and Ian. One day she even got a classroom and held a review just before an exam. I got wind of it and sent Ann Biggot to audit. Ann said that most of the radiology class showed up. The students told Ann afterwards that they had been the ones to ask for the review. "Now you know how that must have hurt Ian's feelings. His reviews were only attended by a handful of the students and no one came to Randy's." "You should be able to handle a situation like that. Tell her to stop it if you think it undermines your faculty." Lyle was not a happy camper. He left, enraged. As soon as he reached his office, he called for Ian. "Ian, I know you've got a lecture in a few minutes so I'll be brief. After the lecture, I want you to tell the students that they must not consult Diana anymore because she is not involved in teaching radiology and is much too busy to be bothered. Also, you lay it on the line about your job. You tell them that unless your critiques improve, you are out. Work on their feelings. Most of the students like you and would hate to have you lose your job on account of them. "After you finish that, you and Randy get in here. I want to talk to you both about that lab material you plagiarized." When the panel had finished its brief examination of the dean, Diana simply said, "I have no questions." She understood the constraints he was under and appreciated how much he had tried, in spite of them, to help. He had given the panel some vital information. The question was, did they hear it? Dean Broadhurst was excused and the next witness was called. Chapter 13 Randy Fecesi sat in the witness chair and raised his hand for the oath with alacrity. He was going to enjoy this. A wispy, rather nondescript person, his main aim in life apparently was to live up to his name. He sported a crew cut which bristled, much like his ever present bad temper, above bright beady eyes which were forever darting around undressing every female in sight. Although he had some talent in research, having received a sizable grant, his conceit and arrogance got in the way of establishing a rapport with students. It also prevented him from really understanding how very little he knew about radiology. Henry had spent a great deal of time with Randy preparing him for today. It had been a harrowing ordeal. Perhaps the actual testifying would be more harrowing, Henry thought as he nervously reviewed to himself what he had learned about Randy from Lyle. Randy had come to Belmont from a college in Ohio having sufficiently outstayed his welcome there. As is true in most college administrations, faculty sexual misconduct was considered mere professorial peccadillo and was studiously overlooked. If a woman student appeared to be on the verge of making a fuss, administrators had a remedy called `The Grievance Procedure'. Administrative personnel talked to the woman and were able to subtly or directly lead her to understand that problems would arise in her matriculation if she persisted with charges of sexual harassment or rape. If this didn't work, a brief investigation identified her friends and she was appraised of situations that might affect them should she remain recalcitrant. Most didn't. This was all done under the aegis of Academic Freedom, mused Henry. The principle of academic freedom evolved years ago. It sheltered serious scholars from the whims and avarice of the shifting politicians and their politics. Now it was made better use of. We administrators use it as a tool to circumvent trouble. Nearly all institutions, battling the emergence of women and other minorities into the collegiate arena, use it to maintain the status quo and rightfully so, Henry decided. Academic freedom was used to shield the many ways we avoid compliance with both federal and state laws. If we opened ourself to public scrutiny, we'd never get anything done. Universities are, were and should be a law unto themselves. They can tolerate only those who are willing to make sometimes painful compromises. Those who could not, and were compelled to fight for so-called human rights and the original meaning of Academic Freedom, soon left or were not reappointed. Randy Fecesi was, despite his foibles, a prime commodity. He was funded. This made him much sought after since colleges were looking to capture research dollars. There was good reason for this, Henry noted. Because it paid better, colleges and universities had stopped putting the emphasis on teaching and instead, looked for research potential. This meant that candidates for a tenure-track position were not looked at for their teaching experience but for their ability to bring in research dollars. Competition was fierce among these institutes of higher learning and much was done to attract suitable candidates. Headhunting became a profitable business in academia. For the last ten years, teaching had taken a back seat at Belmont. Crowded classrooms attested to the lack of adequate teaching space. Much of the space formerly assigned as classrooms had been rebuilt into laboratories. At the medical school, prospective recruits were lured by promises of plenty of laboratory space, unremitting stroking and very light teaching duties. The reality was that once the entrant was hired, adulation ceased. For Randy, this was a problem. In addition, he hadn't even tried to clean up his act and Lyle did nothing except encourage him to be pond scum, thought Henry. Randy expected the medical students to worship him and instead they found him appalling because of his lack of expertise in the subject he taught and for his repeated, haughty demonstration of it. Having his way with women took a beating too. Usually, he ignored any female who didn't fit his image of perfect enough for him to notice. However, if he needed something, he would approach these females in a sexual manner and was usually rebuffed. Since Lyle had already established Trenchant as the whipping girl of the department, Randy readily fell in with this designation and laid all his problems at her door. When she refused to photograph the pictures in a radiology atlas, he was furious. He ran to Lyle and claimed that she was obstructing his efforts to modernize the course. He neglected to tell Lyle that she had said she would be willing to do it if the publisher gave written permission. Lyle, of course, encouraged him to proceed with his innovations and just ignore her. Randy took this to mean that he had carte blanche and it led to his plagiarizing her laboratory manual as well as the published texts and atlas of other authors. Henry brought his attention back to the hearing just as Jane was asking Randy to explain how he had found the `suspicious' critiques. He answered, leaning forward toward her in his eagerness and excitement, "In looking through the student critiques I found these that didn't seem to be right. That is, the comments were not expressed the way a medical student would. "I also saw that the handwriting was different. Not the way students write but like the handwriting of old people. So then I went back and looked through other years for similar handwriting." He explained that he, Randy, had found all three SmurFFs which he had brought to Lyle and asked that they be sent to a document examiner because he thought these were written by Trenchant. Responding to a very leading question from Anuse, Randy agreed, "Yes, these evaluations had been very harmful to me in that they tended to undermine my confidence in my ability to teach radiology and could affect my reappointment." Esther broke in, "Five evaluations out of nearly 200?" "Well most of the 200 were pretty bad." Suddenly realizing how this sounded, he quickly amended, "You see, it was the kind of comments that tipped me off that they were not real student feedbacks. They didn't sound the same. She was making these kinds of comments to the students--exerting influence on them to write the derogatory remarks. That's what was undermining my confidence." Anuse brought him sharply back out of harm's way by asking if there had been trouble between him and Trenchant. This opened a floodgate of accusation and crocodillian remorse. He had no idea why she would be so resentful of him since he had gone out of his way to be nice to her. "Once, I even complimented her on the cute sweater she was wearing. Instead of acting normally, she complimented me on my cute shirt. Go figure!" Pressed to answer what he thought might be her reason to sabotage him with fictitious student evaluations, he lost it. Although he had been carefully coached by both the chairman of NERD and the university attorney, all that training went out the window. The mask slipped and his answer was pure, vitriolic, undiluted, vintage Randy. Perhaps it was because he sensed a kindred spirit in Frank Anuse. "Well," sneered Randy, "you know broads, they get crazier than ever at that age and. . ." Oh, God, thought Henry and nearly shouted, "It's getting late," over the rest of what Randy was about to say. "This would be a good time to adjourn for the day. All right?" He glanced around quickly, stood up and was halfway to the door before anyone could disagree. Damned idiot, he thought to himself. He'd see to it that this boy got a talking to and had his priorities straight as well as his head before he came back the next day. Henry kept his bad mood at bay with difficulty during the drive home by thinking only of his comfortable chair and a huge drink. . .or two before dinner. He had just entered the door and placed his briefcase on the hall table when his wife's voice floated down the stairs, jarring the hell out of him. "That you, Henry? Hurry up now and get dressed, we're due at the Bakers in half an hour." Henry groaned. "Not tonight, shit!" Then almost immediately, he recollected that the Bakers were giving a party and it was most important that he be present. No help for it, he'd have to bite the bullet. Casting a fond look at his Lazy Boy as he passed the entrance to the living room, he ascended the stairs feeling like a doomed man mounting a scaffold. "You look like death warmed over," his wife, Kate, announced caustically, as she met him at the top of the stairs. You're no raving beauty yourself, Henry thought. Kate was an athletic, slender woman of forty-two. She neither thought herself beautiful or required that others did. Henry often lamented the fact that with all the money they had, she could afford to go to one of the many body shops and get some or all of her sagging flesh lifted, but Kate opted to live naturally and age gracefully. He was continually after her to at least wear makeup but she adamantly refused. When they were married, Henry didn't mind the over a decade age difference between them. Kate was an exciting woman-- an exciting, rich woman. Her money had been the deciding factor in asking her to marry him and it was one reason he stayed married to her. The other was that he basked in the prestige her place in society lavished on him. "Go on in and get your shower and hurry up. We're going to be late as it is." "Oh, hell, it doesn't matter if we're a bit late for this. Everyone understands that I'm really busy with this damned hearing," Henry grumbled as he made his way to the ornate bathroom. When he entered his bedroom a few minutes later wrapped in a towel, Kate called through the connecting door from her room to ask how the hearing was going. Her innocent question brought the whole disgusting mess back, along with the foul humor that went along with it. Henry set down heavily on his bed. "What a day. You wouldn't believe the absolute stupidity of that NERD chairman and his little boy bad, Fecesi. You'd think after all the trouble they took to have this hearing take place that they would at least be prepared. But no, Lyle couldn't even remember how many Smurffs were involved--two or three. As if that wasn't bad enough, he let that damned woman, Trenchant, tie him up in knots on cross examination. "Then Fecesi testified. He's the guy that actually found these suspicious SmurFFs and I was told that he'd been well coached. Mark and Lyle both had gone over and over his testimony with him. The trouble is, the guy is the pits. A horny, crass bastard if I ever saw one. He put on a world class demonstration of constipation of the brain and diarrhea of the mouth. If I hadn't adjourned the hearing when I did, there's no telling what else would have come out of that foul throat of his. "Now, add to all of that, those stupid broads on the panel got teed-off at the document examiner and apparently aren't convinced now that Trenchant wrote those evaluations at all. The only one I can depend on is Frank Anuse." Henry buried his head in his lap and massaged it with both hands. Kate looked at him without pity. "Serves you right. You and the rest of those sanctimonious bastards trying to railroad that woman. Seven SmurFFs, for God's sake--it's a greater crime to spit on the grass. "As for Fecesi, he's got his brains in his crotch just like the rest of you. The only difference is that he doesn't pretend otherwise--he's a little too direct for you, isn't he? "Since this whole thing started, I've had more people ask me what the real reason is for going after Diana Trenchant because they just can't believe the SmurFF crap. Everyone on campus knows the SmurFFs are a joke. Nobody, but nobody takes them seriously." Henry defended himself vigorously. "Well, it is serious and the SmurFF thing is not all there is to it. That woman has been using her influence over the past three or four years to injure the other faculty in the radiology course," Henry defended himself vigorously. "Influence? A lecturer with influence? Who did she influence, the dean? The Pope?" "No. The students. That's why these guys in the course were so hurt by all this. Their yearly evaluation by the students--nearly all the student feedback for them, and the course they directed, were really bad. And, it's her fault. She manipulated the students to write those bad critiques." "Pshaw. She manipulated medical students? Since when? You know, Henry, you can't have it both ways. You claim that your witnesses are stupid and loathsome, then blame Trenchant when the medical students agree with you." "You just don't understand. She had a chance to resign and didn't take it. Now I'm the one in charge of giving her a fair hearing and I'm not getting any cooperation from the very people who want to get rid of her." "Fair hearing, Henry? At Belmont, that's a contradiction in terms and you know it. Hurry up and get dressed. I'll get the car and meet you out front." THE HEARING - DAY 2 Chapter 14 All of her witnesses were waiting in a high state of excitement when Diana reached Howard Hall the next morning. "Roz came in early," she was told. "She wanted to be sure we got this room again today." Roz brushed aside the praise, "Hey teach, I've got some great news. The rest of the class is kicking in to make up for what we lose in wages by attending the hearing." Diana was delighted. The fact that many of her witnesses were losing time at work to help her had caused a nagging pain of remorse. Already, most of them had lost a day's pay just sitting around waiting to testify yesterday. While her witnesses occupied themselves in various ways-- studying, reading or conversing quietly, Diana sat down on the couch, closed her eyes and sought to compose herself. Even though the panel had instructed her to be there at nine with all her witnesses, one never knew when the hearing would reconvene. Good news indeed. What great people these were, she thought. When the whole mess happened, this class of some two hundred nutrition students had rounded up hundreds of signatures for petitions sent to Lyle, Sam and the Pope. Many of the students had gone to them in person to plead for justice. Although most of the students were in the nursing school, some came from the colleges of agriculture, arts and science and special education. Collectively, they had filled out and filed more nominations for me to be named Teacher Of The Year than had ever been received before for one teacher. They were devastated when the committee receiving these nominations threw them in the wastebasket, following the instructions of Henry Tarbuck. Then there were some that went as a group to beg help from the `Minority VP'--Dan Field. Dan talks a good game against discrimination and even pretends to speak for the black community. He's a brilliant, fascinating lecturer, a perennial favorite with the students. They considered him to be the most impartial, open-minded administrator they had ever known. His feet of clay surprisingly revealed when he washed his hands of the students pleas and sided with the administration, telling the students who petitioned him for help that I am a criminal. At least the blacks on campus weren't surprised by this. They had long ago discovered he was not only a smart cookie, he was an oreo. But, Diana mused on gratefully, Dan was the exception. Many pleaded on my behalf. Someone once said that all it takes to stop evil is for one good man to speak up and many good men, and women, did just that. They spoke up for justice and fair play. They argued with administration officials, citing example after example of male faculty misconduct over the years that had gone nearly unnoticed and never punished. They asserted that a witch hunt would hurt the Belmont image and reflect badly on all who worked there. They all knew what a farce the SmurFFs had always been and all this fuss over seven? Sure, evaluations were used at times by administrators as justification for not reappointing a faculty member, but even then, there had to be a preponderance of negative evaluations. It was of no avail. The administration was adamant. So much for wise sayings but the fact that some people did try was heartwarming, Diana thought. Roz broke her revere, gently. "It's time, Diana." Was it her imagination or was the panel friendlier this morning, Diana mused as she entered the room and took her seat. I do believe besides saying good morning, most of them smiled at me. Maybe things are looking up. A chastised Randy returned to the witness chair. He looks ridden hard and put away wet, thought Diana with amusement. Responding to a question from Annette, he avowed that, "The year that Trenchant didn't teach, we rewrote the lab manual. We didn't use any material from the manual written by Trenchant." When all on the panel had indicated that they had no more questions to ask him, Henry asked Diana if she wished to question the witness. To himself, he added, God help us if the little twerp doesn't do what he's been told. Mark had assured him that he and Lyle had a good long session with Randy and felt that he had now seen the light and would behave properly. "Yes, please. I'm confused, Randy. You have said that you saw one evaluation that appeared to be more directed toward one year than both years. You answered that this was one of the reasons why you thought it was suspicious. "Now these evaluations have no dates on them. Is it not possible that both are from the same year?" "No." "How do you know that?" "Because I don't remember which one was from which year, but these are from two separate years." "Did you mark them." "No. I picked one out of each year's evaluations." "But you don't know the specific year each came from?" "No." With further questions, Diana established that from the time the evaluations had been given to Randy, they had not been safeguarded in any fashion. Sometimes they were in a file cabinet, sometimes on a bench or table in his lab. At least twice, they had left his possession when the secretaries had called for them to use in tabulating the synopsis for the dean. It appeared that there was some confusion as to when he took the `suspicious' documents to Lyle. "I don't know the exact date. Certainly after the second year I was in the course--January or February." "Lyle said it was a year later than that. He said it was last year," pressed Diana. Interrupting imperiously, Anuse jumped in to lead him with careful questions in a direction away from that subject. When he finished, Diana summed up his testimony. "The `suspect' evaluations were not dated. You testified that you didn't know which one came from which year. You have no idea if all or any of the remaining evaluations are authentic, is this all correct?" Randy nodded glumly. When Diana again referred to Lyle's testimony that Randy had brought the critiques to him last year, Anuse again interrupted. This time Trenchant held her ground and forcefully turned toward him saying, "Excuse me. I believe this is my time to examine this witness!" "Now, Randy, you have stated that none of the material in my laboratory manual was used by you to create the manual you used last year when I was not in the course. Do you want to change that answer?" "No." The accused held up two large manila envelopes, thick with their contents, saying, "I have here a