ODC clears Evans in N.J. man's complaint, but not without warning

CHARLESTON - Debra Santer is not the only one with a beef against Cynthia Evans for failure to render legal services.

So is a New Jersey man who alleges Evans' inaction led to a loss of his son's baseball scholarship and reputation at the University of Charleston.

According to her file with the Office of Disciplinary Counsel, the investigative arm of the state Bar Association, Cynthia Evans has three prior complaints lodged against her. Similar to one filed by Santer in 2002, Ivan E. Torres of Lake Hiawatha, New Jersey alleges Evans failed to properly render legal services in spite of being paid a retainer.

In his complaint filed June 30, 2005, Torres says he was referred to Evans in March "to investigate the possibility of filing suit against the University of Charleston and two other individuals." Though details are not immediately clear, Torres says two female UC students, told lies on his son, Ivan Jr., who was then a member of the baseball team.

Prior to Ivan Jr. being cleared of any wrongdoing in both an on-campus and court hearing, Torres consulted with Evans. In a telephone conversation they had on Feb. 28, 2005, Evans told Torres she would need to "review any documents he had" as well as "investigate whether the University of Charleston had violated and school policies."

In their conversation, Evans informed Torres she normally doesn't offer free consultations, and her hourly rate was $225. However, she was willing to take the case for a discounted rate of $200. According the complaint, Torres submitted the documents he had available and a check for $200.

In addition to reviewing Torres' documents, Evans "also searched the Internet in an attempt to obtain the University of Charleston's policies and procedures, but could not locate a complete version ..." Likewise, Evans wrote a letter to UC on March 23, 2005, requesting a copy of the student handbook.

In addition to the handbook, Evans requested any regulations pertaining to the disciplinary action taken against Ivan Jr.According to the complaint, UC did not respond to Evans' request. In his complaint, Torres maintains he e-mailed Evans 12 times between Feb. 28 and June 19, 2005, regarding the status of the case.

Evans, Torres' avers, replied two times with the "last on 5-5 stating she requested a book from school."

Though a date is not specified, Evans says after dictating a letter, she directed her paralegal to " 'inform him [Torres] that the one hour of time he had paid for was already used and for [her] to continue to work on his claim [she] would require additional money.' " Despite in the course of both a telephone and personal conversation Evans' paralegal had with Torres stressing the need for additional money to pursue the investigation, he continued to express displeasure with Evans, and asked for his $200 back.

On Aug. 28, 2006, ODC closed out Torres' complaint. Much like he did with Santer's complaint three years earlier, Chief Lawyer Disciplinary Counsel Lawrence J. Lewis determined "there is insufficient evidence to establish that Respondent [Evans] violated any of the Rules of Professional Conduct" and that the issues between them "constitutes a fee dispute."

However, unlike in Santer's complaint, Lewis referred Torres to Kathy Henning with the Bar's Voluntary Fee Dispute Resolution Program "to address the fee aspects of this matter." Also, Lewis cautioned Evans about not drafting a retainer agreement with Torres.

"It is ill-advised to represent a client without clarifying the scope of representation, as that engenders uncertainty as to the objectives of representation and often results in confusion and dissatisfaction," Lewis said.

"Respondent is reminded to clarify the scope of representation from the outset of the attorney-client relationship and to use written retainer agreements to ensure that such confusion does not occur in the future."

Currently, ODC is investigating a complaint filed against Evans.

This article originally appeared in the March 31 edition of the West Virginia Record, and is reprinted with permission. For a related article, go to the Record's Web Site.

As nation observes Sunshine Week, open government adovcates report a mixed bag

By A. Matthew Deal and Emilie Yam, SPLC staff writers

Washington, D.C. - In a new, $450 million, state-of-the-art museum of news in Washington, D.C., media professionals, government officials and open-government advocates gathered on March 14 at the 10th annual National Freedom of Information Day Conference to discuss recent changes to the Freedom of Information Act and the importance of sunshine laws to journalists.

The conference was an early kick-off for Sunshine Week, an event that educates the public about open government, which began March 17 and runs through March 21. The week-long observance is sponsored by the American Society of Newspaper Editors.

Sunshine Week often features events like the Newseum's FOI Day to promote awareness among journalists and policymakers on issues concerning public access to information. These events serve as a way to educate journalists on recent changes and trends that affect their ability to get records from public institutions.

Sunshine Week focuses not only on the federal Freedom of Information Act but also on other topics surrounding open government, such as state open-records laws. These laws are the functional equivalents of the federal Freedom of Information Act for state public institutions, and they are usually more relevant for student journalists reporting on issues involving their high schools or universities.

Recent examples of both progress and setbacks to open government are prevalent.

In Connecticut, a commission decided Feb. 13 that the Yale University Police Department was performing a public function under state law, and that the public should have access to its records. In Virginia, the General Assembly on Feb. 26 passed a bill restricting the disclosure of information about donors to three public universities, much to the chagrin of open-government advocates. In Pennsylvania, a new law was signed Feb. 14 that updated the state's open records laws, informally regarded as one of the worst in the nation.

For better or worse, sunshine and access to information are news these days.

In December, Congress passed and President Bush signed a bill updating the federal FOI law for the first time in more than a decade. Corinna Zarek, FOI Service Center director for the Reporters Committee for the Freedom of the Press, said two of the biggest changes are the addition of penalties for agencies that take too long to respond to requests and the creation of an agency to mediate disputes when FOIA requests are denied. At FOI Day, however, some open-government advocates voiced concern over how well the law will be implemented.

In the spirit of Sunshine Week, the Student Press Law Center each day will feature stories devoted to open-government issues. We have conducted several open-records tests to see how easily we could access information such as police incident reports at public and private universities, reimbursement records for high school superintendents, and student government association minutes and annual budgets.

We hope student journalists can take this collection of information and use it to enhance the quality of reporting at their institutions, learning from our experiences and drawing from the most effective strategies that we have learned through this process.

To learn more on open-government initiatives, go to SPLC's Website, or Sunshineweek.org.

Yale frat gets henpecked by campus feminist group

New Haven, Conn. - In January, the Yale Chapter of Zeta Psi ruffled feathers on campus when a photo surfaced on the Internet showing a group of brothers holding a sign that read "We Love Yale Sluts" in front of the Yale Women's Center. The fraternity immediately issued an abject apology, saying their sign reflected a "lapse in judgment" and they were "deeply sorry." The apology continued:

In the future, behavior of this nature will neither be enacted nor tolerated, and we only hope that our peers can forgive the mistakes made in this situation.

The officers of the fraternity are open and willing to meet with the leaders of the Yale Women's Center to discuss this issue further and address solutions to this kind of irresponsible behavior.

One would think this would have been the end of the matter from the university's perspective. But no.

The Yale Women's Center threatened to sue the fraternity and the university, and gave the university a deadline to meet its demands, which included punishing the fraternity brothers and pledges, beefing up Yale's sexual harassment policies, and more staff and a better building for the Center.

Even though the threatened lawsuit was frivolous and had little chance of winning, Yale has now caved in to the Center's demands. Yale has promised the Women's Center more cash and started renovating its building.

Yale has also set up a committee to evaluate the current sexual harassment policies—the recommendations of which Yale has promised to seriously consider enacting. Finally, Yale has implied that the fraternity brothers involved in the incident may face disciplinary charges.

For more on this article, go to the Foundation for Individual Rights in Education's Website

Brandeis U. stands firm on prof dismissal

Waltham, Mass. - In spite of widespread condemnation from faculty, the media, and the public, Brandeis University remains unrepentant about its mistreatment of Professor Donald Hindley, and is now on the Foundation for Individual Rights' Red Alert list.

Brandeis declared Professor Hindley, a nearly 50-year veteran of teaching, guilty of racial harassment and placed a monitor in his classes after he criticized the use of the word "wetbacks" in his Latin American Politics course. Hindley was neither granted a formal hearing by Brandeis nor provided with the substance of the accusations against him in writing.

Brandeis's faculty reacted to Hindley's mistreatment with outrage, and Brandeis's actions were roundly condemned by FIRE, the media, and the general public. Brandeis then attempted to sweep the matter under the rug by informing Hindley that it "considers this matter closed," despite the complete lack of due process Hindley was afforded.

For more on this article, go to FIRE's Website.

Kissing the Republicans goodbye

by Emily Mullin

Before I delve into the core of this column and its fundamental purpose, I must first preface by telling you a little bit about myself.

I am a student at Ohio University where I study journalism and political science. I write for the local newspaper as a campus reporter and am the vice president and acting president of the OU College Republicans. I was, up until recently, actively involved in the presidential campaign to elect Rep. Ron Paul for many months.

Last week, a column I wrote assessing GOP presidential candidate and now nominee, John McCain, appeared in my local newspaper. While I found no fault in the article (in fact, I thought it to be well-written and more than adequately researched), my Republican companions and those of the right persuasion were not impressed by my candid evaluation of John McCain and the state of the Republican Party as it stands.

Many members of the club and local county Republican Party approached me with concern and some were outright enraged at my public display of criticism for the Arizona senator. I was accused of being "divisive" and "irresponsible" and was told that I should not have exercised my journalistic influence because my views were in conflict with those of the club and county party. I was advised that – despite my personal feelings – I must support John McCain for the "sake of the club" and for the "good of the party" or the club would take necessary steps to resolve the problem.

When I made it known that I had no intention of supporting or campaigning for John McCain, I was asked to step down from my position because it compromised party and club unity. When I refused to simply acquiesce and give up my position, I was threatened with impeachment.

For more on this op/ed piece, go to LewRockwell.com

Ex-UC student files Title IX complaint

This article originally appeared in the the March 15 edition of the Charleston Gazette, and is reprinted with permission.

By Veronia Neff, staff writer

A former University of Charleston student, who filed a federal gender-inequity complaint against the university in 2006, has filed another complaint following delays in improvements to a softball field.

Stephanie Kuhn said she re-filed a complaint with the federal Office of Civil Rights, which regulates Title IX compliance, in mid-February after a visit to Watt Powell Park Annex revealed no construction had taken place on the team's field.

"[UC] failed to meet the requirements of the first agreement," Kuhn said.
"They were supposed to provide a field for the team by the spring of 2008."

UC President Ed Welch said unforeseen engineering problems forced the university to delay construction of the field. He said the university will have to raise the field 30 inches and build a retaining wall around the perimeter of the field.

Kuhn filed her initial complaint with the OCR on May 19, 2006, and the office began an investigation in August of that year. The law prohibits discrimination on the basis of sex in any education program that receives federal financial aid.

In October, UC and the OCR agreed to a settlement and the university announced it would revamp the city-owned annex by the start of the spring 2008 season. The season started this month.

"We had to wait for several reasons. One, it's not our property. We're not going to go in there and tear up someone else's property without knowing what that means to the property owner and what that would do to the university's funds," Cleta Mae Harless, vice president of administration and finance at UC, said.

"Number two, once we did understand that we had an elevation problem at the site, you have to consult with the right people. By the time we knew what we were faced with, it was winter time and [it's] not a good idea to start digging and making mud pies in the middle of winter unless you absolutely have to," Harless said.

Construction would have also interfered with the team's season, Harless said. Welch said the university has been in contact with the OCR and has updated them about the delays.

Officials from the OCR could not be reached for comment.

"If all goes well and we stay on our project timeline we should start construction in August," Harless said.

In 2002, UC's softball team lost their field, which was originally located at Blackwell Field, to make way for the university's football program, Kuhn said. In 2005, the field was renamed after Triana Energy of Charleston, which donated $1 million to convert the football field into a soccer field and upgrade the baseball field, she said.

Upgrades to the baseball field included lights, a grass infield, a press box and an elaborate entrance, she said. Meanwhile, the softball team is still playing in the city-owned park, which has no scoreboard, no dugouts, no lights and minimal seating and parking, she said.

"It's not pretty," Kuhn said. "They haven't done much, and I think that is the biggest frustration that they haven't put anything into at all."

Harless said the university had originally intended to invest about $1 million to add artificial turf, new dugouts, bleachers, fencing and restrooms. She said she could not comment on the costs the university will incur because of the additional construction until it receives bids from contractors.

On March 3, Charleston City Council members approved a revised agreement with the university to share the use of the annex. The agreement will allow the university to sell naming rights to the field.

"We will upgrade the field and as a result they will have use of the field for our softball league and the city will have the field for [minor league] football and church softball teams," Welch said. "We're upgrading the field for the benefit of the entire community."

Quis custodiet ipsos custodes?

State universities to arm police with assault rifles

by Toby Phillips

Tempe, Ariz. - Police departments at Arizona's three universities plan to arm their officers with military-style assault rifles within the next year, officials said Tuesday.

The new rifles would give campus police officers long-range shooting capabilities, allowing them to hit targets at the end of long hallways or atop tall buildings, officials said.

For more on this article, go to the Arizona Republic

The coming fall of higher education

Population Shift Sends Universities Scrambling Applicant Pool Forecast To Shrink and Diversify

By Valerie Strauss,Washington Post Staff Writer

Colleges and universities are anxiously taking steps to address a projected drop in the number of high school graduates in much of the nation starting next year and a dramatic change in the racial and ethnic makeup of the student population, a phenomenon expected to transform the country's higher education landscape, educators and analysts said.

For more on this article, go to the Washington Post. Also, check out the following post by Lew Rockwell on the LRC blog on where to find a real education.

N.C. alone in college hiring secrecy

by Corey G. Johnson, staff writer

Fayetteville, N.C.- North Carolina is the only state in the nation that selects the top leaders of all its public universities in secret.

In 49 other states, the names of the finalists for university president or chancellor positions are made public, a Fayetteville Observer study shows. Six states release the names of all applicants.A few states have no single governing policy, according to the survey of 118 university systems or individual schools. Some universities in those states close the process, but at least one school or university system in every state, except North Carolina, selects leaders in public.

For more on this article, go to the Fayetteville Observer.

FIRE secures victories in Wash., N.J.

Philadelphia, Penn. - The Foundation for Individual Rights in Education has successfully intervened to protect the rights of student groups inNew Jersey, and Washington state after student governments at both universities threatened to de-fund the groups for engaging in constitutionally protected expression.

At Montclair State University, the Student Government Association froze funding to the student newspaper, The Montclarion, in retaliation for the paper’s attempts to gain access to closed-door SGA meetings. Meanwhile, at Central Washington University, in Ellensburg, Wash., the College Republicans were investigated and faced possible loss of funding after they posted flyers promoting an on-campus speech by controversial illegal immigration opponent and Minuteman Project founder Jim Gilchrist.

"These two cases—on opposite sides of the country—are disturbing examples of the willingness of student governments to punish their fellow students for their expression," FIRE President Greg Lukianoff said.

"Both cases had happy endings this time, but how many other students and groups suffer such assaults on their liberty in silence? Student governments need to understand that, just like college administrators, they may not control student expression simply because they control the purse strings."

To read more, go to FIRE's Website.

The First Amendment returns to the Bay area

SFSU settles free-speech suit with College Republicans, FIRE

SAN FRANCISCO — On Monday, March 3, San Francisco State University settled a lawsuit challenging its speech codes by agreeing to modify several unconstitutional policies to make them consistent with the First Amendment. The settlement also requires SFSU to pay damages to members of the university's College Republicans as well as to pay the College Republicans' attorney fees.

The lawsuit—part of the Foundation for Individual Rights in Education's Speech Codes Litigation Project—was filed in July 2007 by attorneys from the Alliance Defense Fund.

To read more, go to FIRE's Website.

Bigotry of the mind

Read a Book, Harass a Co-Worker at IUPUI

by Azhar Majeed

In a stunning series of events at Indiana University - Purdue University Indianapolis (IUPUI), Keith Sampson, a university employee and student, has been charged with racial harassment for reading a book during his work breaks.

Sampson is in his early fifties, does janitorial work for the campus facility services at IUPUI, and is ten credits shy of a degree in communication studies. He is also an avid reader who usually brings books with him to work so that he can read in the break room when he is not on the clock.

Last year, he began reading a book entitled Notre Dame vs. the Klan: How the Fighting Irish Defeated the Ku Klux Klan. The book, which has garnered great reviews in such places as The Indiana Magazine of History and Notre Dame Magazine, discusses the events surrounding two days in May 1924, when a group of Notre Dame students got into a street fight in South Bend with members of the Ku Klux Klan.

As an historical account of the students' response in the face of anti-Catholic prejudice, the book would seem to be a relevant and worthwhile read, both for residents of the state of Indiana and for anyone interested in this chapter of American history.

For more on this article, go to the Foundation for Individual Rights in Education.

What your econ and poly si profs don't want you to know

Nationalism and socialism

by Faustino Ballve

Nationalism appears to be a modern phenomenon having its origin in the nationalities constituted in Europe between the 16th and the 19th century concomitantly with the disappearance of feudalism and of the Romano-Germanic Empire that came into being with Charlemagne and was totally liquidated with the unification of Italy.

In fact, however, the spirit of nationalism is very ancient.

It has been and still is present as a factor in both political and economic history. The only thing that has changed is its form. It was this spirit that animated the absolutist and totalitarian regime of the Egyptians, that of the decadent Roman Empire, and the mercantilism of the 17th and 18th centuries, and, after a brief eclipse that lasted from the Congress of Vienna to the First World War, revived in the form of the so-called controlled or planned economy under the combined influence of war and socialism.

For more on this articles, go to LewRockwell.com.

Calif. prof. booted for altering loyalty oath

Quaker teacher fired for changing loyalty oath

Nanette Asimov, Chronicle Staff Writer

Hayward, Calif. - California State University East Bay has fired a math teacher after six weeks on the job because she inserted the word "nonviolently" in her state-required Oath of Allegiance form.

Marianne Kearney-Brown, a Quaker and graduate student who began teachingremedial math to undergrads Jan. 7, lost her $700-a-month part-time jobafter refusing to sign an 87-word Oath of Allegiance to the Constitution that the state requires of elected officials and public employees.

"I don't think it was fair at all," said Kearney-Brown.

"All they careabout is my name on an unaltered loyalty oath. They don't care if I meant it, and it didn't seem connected to the spirit of the oath. Nothing else mattered. My teaching didn't matter. Nothing."

For more on this article, go to the San Francisco Chronicle.

A depiction of the oath Kearney-Brown altered may be found here.

Higher ed included in Pa. open records overhaul

The following article was originally posted on the Student Press Law Center's Website on Feb. 28, and is reprinted with permission.

New Penn. law opens access to more public records

By A. Matthew Deal, SPLC staff writer

PENNSYLVANIA — A bill updating the state's more-than-50-year-old open records law was signed by Gov. Ed Rendell Feb 14.

The new law revising the state's much-criticized open records act will make it easier to access some information at public colleges and universities but will not extend to some state-supported institutions.

Before the update, Pennsylvania's law was widely regarded as one of the worst in the nation, according to attorney Craig Staudenmaier. He represented the student newspaper Patriot News when it sued the Pennsylvania State University Employees Retirement System to access information about football coach salaries.

Staudenmaier said the main problem with the older law was that government records were assumed to be closed unless those requesting records could prove that they concerned an agency's use of public funds or related to decisions of a public body, such as the minutes of a meeting.
The updated Right-To-Know Law, sponsored by Republican state Sen. Dominic Pileggi, introduces a number of reforms. All records will assumed to be open unless government agencies can prove the information should be exempt from release.

"Many times, we say that legislation is ‘historic' or call it a 'landmark' piece of legislation," Pileggi in a Feb 15 press release.

"Sometimes, that's a bit of a stretch. But I think those words accurately describe Senate Bill 1. For the first time in over 50 years, we have a modern, responsive Open Records Law in Pennsylvania."

The law, which will not fully take effect until January 2009, requires that public institutions designate one person to handle open records requests. The law also establishes an Office of Open Records that would allow those whose requests have been denied recourse for appeal short of litigation.

"We think overall it is a great position. It creates an administrative process, it allows people to appeal decisions; there are a number of positives," said Melissa Melewsky, media law counsel for the Pennsylvania Newspaper Association.

Melewsky said that the association is concerned about some parts of the new law. For example, Melewsky cited exceptions that shield information about autopsy reports and information about those under the age of 17.

The law allows an agency to refuse to release records "identifying the name, home address, or date of birth of a child 17 years of age or younger."
Melewsky said that this could affect reporting on topics as common as what students made the honor roll for a given semester.

But Melewsky said she believes the bill is a remarkable improvement.

"It is never going to be perfect, but I believe it is a huge leap forward," Melewsky said.

The new law mandates procedures for how public institutions are to deal with open records requests, and it creates specific definitions for the types of institutions that are subject to records requests. This includes colleges and universities under the State System of Higher Education.

The law also defines community colleges as public institutions subject to Pennsylvania's open records laws. That provision effectively reverses a 1996 Pennsylvania Supreme Court decision.

The court ruled against the Community College of Philadelphia's student newspaper, Student Vanguard, which sued for access to campus police records after the paper's open-records request for the documents was denied. The state Supreme Court decided that the community college did not perform an "essential government function" and would not be subject to the state's open record laws.

Other state court decisions at that time had ruled that universities like Temple University and Pennsylvania State University were not subject to open records requests, despite the fact that they receive a substantial amount of public funding.

The new law defines Temple University, Lincoln University, University of Pittsburgh and Pennsylvania State University as "state-related institutions," which are not subject to the same open records requirements as public institutions and community colleges. These "state-related" universities, however, will now be required submit an annual report that will disclose administrative salaries and other tax information.

Joseph Sullivan, who represented the Student Vanguard, said that during the past 12 years a dramatic increase in public funds into colleges and universities had increased the expectation of accountability.

"The viewpoint is that with this enormous investment that we should know what they are doing," Sullivan said.