Showing posts with label KCTCS. Show all posts
Showing posts with label KCTCS. Show all posts

17 June, 2015

Solidarty Along The Dirty, Sacred River, Part 3 -- The ORR, and News From the Halls of Higher Yearning

We Are All Cone Man

Updates: The ORR

I've written in the past about #respondent53 and this person's role in my illegal and unjust termination and banishment from JCTC and the entire KCTCS system. The Office of General Counsel /Lizard Overlords of the Apocalypse responded to my Open Records Request (ORR) with a barely complete personnel file and disk of files ranging from a copy of the ADA statute (which I read) and the Faculty Handbook (which I read again) as well as a few other bits and pieces.

Some of you may recall The Cone Man Saga. That little stunt, while getting me the ear of the President without having to go through the usual channels of blockage, obfuscation, and, outright lies, also put on the radar of folks who are overpaid and thin-skinned.

The administrative response to that particular blog was interesting, though I'm sure it helped raise my readership.* One particularly thin-skinned #badmin, who apparently hasn't breathed real air or been around the proles in quite some time whined:

It's awful. He's mocking us.

Another, whose skin is so thin as to be translucent, wrote:

The fact that he is so comfortable ridiculing us makes me angry.

Clearly, they don't know me well. I came out of the womb mocking presumed assumed authority figures.

There are some other gems, such as recommendations that I need to get over myself, and that I am hard to be kind to. Of course their version of kind would have me selling pencils out of a tin cup on the street... before they called in the cops themselves to have me arrested. 

I'm still ferreting out #respondent53. It's possible that #respondent53 is a couple of people... one of whom, according to my ORR, works in the office of  Institutional Research. She sent the Facebook post related to my alleged FERPA violation to Frankfort on her very own KCTCS email, on the condition that "[her] name be kept out of it." Cowards and kiss asses are so easy to pick out of the crowd. In some early conversations with around the old camp fire about #respondent53, I posited her as a potential candidate. But I'm not certain she acted alone. And, in fact some details I still need to verify before I can name names indicates that she did not act alone. 

One of the things that is becoming very clear: even paranoids have enemies. Even me.

News From the Halls of Higher Yearning

A friendly bird and comrade forwarded this little tidbit to me, straight from the outbox of newly crowned President/CEO and El Hefe of KCTCS:

I am pleased to share that the board approved a raise of (1% or $1000 ) for every regular full-time KCTCS faculty/staff member employed before April 1, 2015 who earned at least the “Fully Met Job Requirements”(M) rating in the 2014-15 KCTCS performance evaluation system.
I know this is only a modest increase, and we would have done more if the budget allowed.  It is important to note the $1000 increase is as much as a 4 % raise for some of our employees in the lowest pay bands.  Additionally, the $1000 will have a greater economic impact than a flat percentage raise for the majority of our employees. 

PLEASE NOTE: ADJUNCTS ARE NOT INCLUDED IN THE FOLKS WHO GET THIS INCREASE -- OR SO I'M TOLD.

SOLIDARITY!

I want to thank everyone again who signed the petition to have me reinstated without prejudice. If you'd still like to, or if you want to pass it around, here it is.

A friend and Fellow Worker, J.P. Wright, has started a small support fund. If you'd like to contribute, go here.

Some have expressed an interest in writing letters of support of my reinstatement. Here are some addresses:

11 June, 2015

Solidarity Along the Dirty, Sacred River, Part 2: Action


Updates

A wise man is one who realizes that pissing off a donkey will only make him kick. With any luck, you've seen the Insider Louisville  article by David Serchuk about my situation. Some crucial information that is awaiting authentication was left out; but with any luck, when my open records request is answered (I was notified by email this week that it is forthcoming), there will be more, which I mentioned in my previous post. There are some updates, however, that I can talk about prior to seeing what the KCTCS Office of Legal Counsel releases.

  1. After some some research and the help of some supportive friends, I've learned that the National Labor Relations Board laid down no less than 4 decisions against employers using social media posts as a justification for firing an employee. 
  2. While it is true that I was a fixed-contract/ at will employee, the fact is that their dramatic bushwack of a meeting had nothing to do with terminating my employment for any of the vague reasons given by Lisa Brodsky or the spokeswoman for KCTCS, Kristin Middleton.  
  3. Toni Whalen, head of HR at the Louisville campus said specifically, in this meeting, that the FERPA violation would be the reason for termination listed in personnel file -- not that a class didn't make (it did, I was on my way to teach it), or that there was no need (the current adjuncts are stretched and exploited as it is). It could fall under the generic heading of "administrative matters." 
  4. If my termination were simply a matter of either 1) them not needing staff or 2) the class not making, all they had to do -- and all they would normally do -- is inform me over email, generally through my department chair. Had they done that, I might not have just cause for retaliation. It would have been a suspicious termination, but a legal one nonetheless.

Something else to consider is the fact that while the Facebook post may be a rare example of one my less than stellar social media moments, the fact is, all the information in that post is covered by an exception listed in FERPA:

"Another exception permits a school to non-consensually disclose personally identifiable information from a student's education records when such information has been appropriately designated as directory information. "Directory information" is defined as information contained in the education records of a student that would not generally be considered harmful or an invasion of privacy if disclosed. Directory information could include information such as the student's name, address, e-mail address, telephone listing, photograph, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, the most recent previous educational agency or institution attended, grade level or year (such as freshman or junior), and enrollment status (undergraduate or graduate; full-time or part-time)."

And, in spite of what people outside the inner halls of higher yearning institutions, FERPA offenses -- be they alleged, borderline, or confirmed -- are not handled directly by the Academic Dean, the head of HR, and the Provost.  If this situation had been handled SIMPLY ON THE MERITS THEY CLAIMED IN THE MEETING, I would have

  1. been called to a meeting with my department chair and given a severe tongue lashing; and
  2. ordered to undergo a FERPA counseling session...
both of which would have been marked in my personnel file.

I haven't even gone into detail about the administrative path my termination took. That's some murky shit, friends and readers.

And that, along with more about the scab otherwise known as #respondent53, is for a later post.

Please Help

I want to thank everyone who signed the petition to have me reinstated without prejudice. If you'd still like to, or if you want to pass it around, here it is.

A friend and Fellow Worker, J.P. Wright, has started a small support fund. If you'd like to contribute, go here.

Some have expressed an interest in writing letters of support of my reinstatement. Here are some addresses:


Insider Louisville: Sarah Kelley, VP of Content and Editorial Director: sarah@insiderlouisville.com.

LEO WeeklyAaron Yarmuth Executive Editor:  ayarmuth@leoweekly.com

Louisville Courier Journal: 
http://archive.courier-journal.com/interactive/article/99999999/CUST/80212021/Letters-Editor

JCTC Human Resources: Toni Whalen, Head of Human Resources at JCTC: toni.whalen@kctcs.edu

KCTCS Head of Human Resources: Jackie Cecil: jackie.cecil@kctcs.edu

REMEMBER: THIS IS NOT JUST ABOUT ME. THEIR EXTREMELY UN-PROPORTIONAL REACTION SHOWS THAT MY FIRING WAS NOTHING LESS THAN AN ATTEMPT TO SILENCE ME. ACTIVISTS ALL OVER THE COUNTRY ARE BEING SINGLED OUT AND RETALIATED AGAINST.