Hazo W. Carter Jr.: A progressive thinker on the matter of retaliation

On Tuesday and Wednesday, the WVSU Free Press published two seperate, but related stories.

On Tuesday, the Free Press reposted a story from The Houston Chronicle about an additional $350,000 a federal jury awarded three former Texas Southern University students. On August 1, the jury awarded William G. Hudson, Justin G. Jordan and Oliver J. Brown, known as the TSU 3, $190,000 in compensatory damages in a freedom-of-speech lawsuit they filed against the university.

In their suit, the TSU 3 alleged university officials, including former President Priscilla Slade, violated their First Amendment rights following their efforts to expose corruption on campus. In awarding the TSU the additional $350,000 in puntitive damages on August 7, the jury said it wanted to send a strong message against retaliation.

On Wednesday, an article from the Student Press Law Center concerning S. B. 1370 in California was reposted. After passing the Califorinia Senate 72-1, S. B. 1370, the Journalism Teacher Protection Act, was sent to Gov. Arnold Schwarzenegger on August 5 for signature.

According to SPLC, S. B. 1370 was initially introducted into the California Assembly in 2006 after Janet Ewell, the student newspaper adviser for Rancho Alamitos High School, was removed from her position as adviser after she permitted students to write editorials critical of school employees and facilities. Broadened to protect all teachers, S.B. 1370 shields "an employee from being dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against for" protecting students exercising their constitutional rights.

Seeing how a jury and lawmakers had to step in and it in Texas and California, respectfully, it's refreshing to know that retaliation is not a problem in smaller educational instiutions like State. Students, faculty, staff and alumni should be proud that the Mountain State's oldest historically black university has such a progessive thinker in President Hazo W. Carter Jr.

In light of retaliation only recently being addressed in Texas and California, let us recall the insightful and harrowing words spoken by Dr. Carter nearly two years ago on Nov. 30, 2006:

"We will not tolerate retaliation. If there is
ever any of that kind of threat, you can come to one of us."

Bill terminating retaliation against journalism advisors now on Schwarzenegger's desk

Sacramento, Calif. — The California State Senate passed a bill August 5 that would protect journalism advisers and other teachers against retaliation by administrators because of student speech, but because of budget issues, the bill might not be signed or vetoed by Gov. Arnold Schwarzenegger until as late as the end of September.

The bill, S.B.1370, authored by Sen. Leland Yee (D-San Francisco/San Mateo), passed through the Senate 31-2 and the Assembly 72-1.

"I expect the Governor to sign this bill into law, as has consistently supported our efforts to make sure true freedom of the press is alive and well on our campuses," Yee said in a press release.

For more on this story, go to The Student Press Law Center

TSU whistleblowers awarded $540,000

Houston, Tex. - A jury awarded $540,000 to three former Texas Southern University student activists Thursday and let the school know that retaliation against whistle-blowers won't be tolerated.

"We wanted to send a message that this should not happen again — the violation of First Amendment rights and the false arrest," one juror said after the jury added $350,000 in punitive damages to the $190,000 they awarded the trio last week to compensate them for being kicked out of school and temporarily charged with a crime after helping uncover a financial scandal.

After deciding the extra damages Thursday afternoon, 10 jurors were grilled by the attorneys on their thoughts. Several said they were impressed by the young men. Juror Donnie Mathis hugged the three and said she was proud of them.

For more on this story, go to The Houston Chronicle

Hazo W. Carter Jr, the TSU 3 and retaliation

Yesterday, the WVSU Free Press reposted a story from The Houston Chronicle and The Torch concerning the Texas Southern University 3. On Friday, a federal jury awarded the TSU 3 - William G. Hudson, Justin R. Jordan, and Oliver J. Brown - a total of $200,000 in damages in a lawsuit they filed against TSU for retaliation in speaking out against corruption at the school.

According to press reports, the three, who were involved with student government, discovered suspicious payroll documents in 2004. After taking their concerns to both TSU and state officials, including Gov. Rick Perry, the three were expelled from school, and later arrested.

However, the three cooperated with the FBI which led to the indictments of Quinten Wiggins, TSU chief financial officer, and Priscilla Slade, the president. Though Wiggins received a 10-year prison sentenced, the government negiotated a deal with Slade for her repay $130,000 of $500,000 she allegedly stole from TSU coffers.

Like WVSU, TSU is a historically black college or university. Unlike TSU, however, WVSU is not only on firm financial footing, but also boasts of an administration that takes any concerns of wrongdoing seriously.

Let us not forget, it is Hazo W. Carter Jr., who in his 20 years as State's president has never had a whiff of scandal, who has taken a hardline against retaliation. It's unfortunate that his colleague in Texas did not hear the prophetic words he uttered on Nov. 30, 2006:

"We will not tolerate retaliation. If there is ever any of that kind of threat, you can come to one of us."

Texas Southern retaliated against student whistleblowers, jury finds

Houston, Tex. - Texas Southern University officials kicked out three students and had them arrested in retaliation for their public criticism of administrators, a federal jury decided Friday.

The jury of nine women and three men deliberated for 12 hours Thursday and Friday before unanimously accepting all the claims of William G. Hudson, Justin R. Jordan and Oliver J. Brown, who in 2005 sued the TSU regents, then-President Priscilla Slade and other university officials.

The former students were seeking at least $150,000 each and also sued to have their student disciplinary records purged.

Jurors awarded actual damages totaling nearly $200,000 for all three. The jury returns next week to decide on punitive damages, unless the opposing sides settle on that matter.

"At least someone stood up for us, and the jury stood up for us," said Brown.

For more on this story, go to The Houston Chronicle, and The Torch, the official blog of the Foundation for Individual Rights in Education.

Has Hazo Carter gone soft on retaliation?

On Tuesday, the WVSU Free Press reposted a story in the June 23 edition of The West Virginia Record concerning a trial date in the lawsuit Katara Sowell filed against the West Virginia State University Research and Development Corporation. According to the article, Sowell was let go as a human resources assistant because of a "lack of funding."

However, Sowell alleges her dismissal from RDC was politically motiviated. Specifically, Sowell alleges RDC officials retaliated against her after she expressed concerns about harassment and financial mismanagement to higher ups, including WVSU President Hazo W. Carter Jr. who is also president of RDC's board of directors.

The allegation that Carter took no action on Sowell's concerns is most shocking since he has spoken out against retaliation. In fact, here is what State's longest serving president had to say about retaliation during a public forum held Nov. 30, 2006 on the university's strategic plan.

"We will not tolerate retaliation. If there is ever any of that kind of threat, you can come to one of us."

Suit against WVSURDC set for April

After being bounced between state and federal courts, a lawsuit filed by a former employee of the research division of West Virginia State University is slated for trial in the spring.

On June 11, a scheduling conference was held in Kanawha Circuit Court in the case of Katara Sowell v. West Virginia State University Research and Development Corporation. In November, Sowell brought suit against the Corporation alleging both its human resources director, Shelvy Campbell, and A. Joseph Kusimo, director of the university's NASA program, created a hostile work environment during her six months there.

Sowell's suit, court records show, also alleges the Corporation retaliated against her after she addressed her concerns to higher ups including university President Hazo W. Carter Jr., who is also president of the Corporation's board of directors. She claims that shortly thereafter her job was cut because of "a lack of funding."

On March 24, the case was transferred to U. S. District Court because of federal wage and hour issues Sowell raised. However, her attorney, Scott Kaminski, asked the case be remanded back to state court because the "Plaintiff's perceived pursuit of a federal claim was the sole basis for federal jurisdiction in this matter."

Court records show Judge Joseph Goodwin granted Kaminski's motion on May 23.

In her scheduling order, Kanawha Circuit Judge Jennifer Bailey Walker set Jan. 9, 2009 for the completion of discovery. Should the parties fail to mediate the dispute before the pretrial conference on April 9, 2009, then trial will begin 11 days later at 9 a.m

For more on this story, go to The West Virginia Record

Photos: East Hall (top left), located on the lower end of campus, is the home of State's Research and Development Corporation. Katara Sowell, a former RDC employee, filed a lawsuit against not only the RDC, but also its human resources director Shelvy Campbell and Joseph Kusimo (pictured above), who works for WVSU's NASA program, for creating a hostile work environment during her employment there. The case is slated for trial in April 2009.

Once again, Hazo W. Carter Jr on retaliation

Along with defeating a motion yesterday 527-23 that recommended any faculty member who threatens or intimidates a university employee, board member or other state executive be disciplined or dismissed immediately, the West Virginia University faculty took up another measure during its informal meeting to consider a no-confidence vote on President Mike Garrison. The faculty assembly on voice vote passed a resolution urging the Faculty Senate to create an outside review panel to hear complaints from faculty, staff and students, particularly concerns about harassment, retaliation or retribution for speaking out against the administration.

It's refreshing to know that State's Faculty Senate need not consider such a resolution as President Hazo W. Carter Jr. openly welcomes any and all criticism of his administration. State's longest serving president let it be know that he will not tolerate any kind of retaliation.

In light of the WVU faculty raising their oppressed voices, let us recall the hollowed words fitly spoken by our esteem leader on Nov. 30, 2006:

"We will not tolerate retaliation. If there is ever any of that kind of threat, you can come to one of us."

President Hazo W. Carter Jr. on retaliation

"Step out of line, the Man gonna come and take you away" - Buffalo Springfield "For What It's Worth" (1966)

On Thursday, the West Virginia State University Free-Press printed the full text of Student Government Association President Austin C. Moore's State of the Student Body address made earlier in the week. In those remarks, Moore expressed concerns about disabled students accessing the second and third floors of Hill Hall.

Specifically, Moore related concerns a disabled student brought to his attention. This anonymous student said he was fearful of raising concerns about disablity access at State for fear of retaliation.

On Nov. 30, 2006, a domestic violence counselor raised similar concerns with President Hazo W. Carter Jr. during one of the community meetings State held on its proposed strategic plan. Specifically, the counselor said some of her clients who lived in some of State's dormitories, specifically Prillerman Hall, were fearful of raising concerns about living conditions to the Campus Housing department.

In the presence of Vice-President for Student Affairs Bryce Casto, Assistant Vice-President Joey Oden and Director for Student Activities Jerry Miller, here is what Carter had to say about retaliation:

"We will not tolerate retaliation. If there is ever any of that kind of threat, you can come to one of us."

An audio version of this quote is available from the Student Activities Office.