The New Perspective: Volume 27, Issue 9

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THE NEW PERSPECTIVE Thursday, March 4, 2004

News Diversity task force, page 4 Power outages, page 4

Volume 27, Issue 9

Features Where students live, page 8 Molthen retires, page 9

http://newperspective.cc.edu

Arts & Entertainment The Laramie Name, page #Project, page 11 Name, page S.O.S., page #14

Sports Spring intramurals, page 15 Basketball, page 16

The Student Newspaper of Carroll College

Falcone catches heat from Carroll community Not a lot of ‘warm, fuzzy feelings’ at Carroll College Elizabeth Martin & Sarah Smirl News Editor & Layout Editor

Frank Falcone is right. “It is pretty clear that [Carroll College doesn’t] have a lot of warm, fuzzy feelings on the part of every department chair towards the President of the college.” This has been especially true since the beginning of February. On Feb. 4, all department chairs received a letter marked “confidential” from President Falcone. This letter pertained to the idea some faculty members had concerning the formation of a union at Carroll College. It informed department chairs that they are considered “supervisors” according to the National Labor Relations Act (NLRA), and detailed their roles as supervisors regarding union activity. Falcone maintains that a letter similar to the one he sent is standard procedure any time employees attempt to unionize. “When you start talking about collective bargaining, there

Photo by Pete Seroogy

Carroll College President Frank Falcone.

is a very serious paradigm shift,” he said. “We move out of being a college community and we become employers and employ-

ees.” Falcone said that when this happens, the atmosphere at the college is much more rigid and adversarial.

The faculty response to the letter was mixed. Though the letter was sent only to department chairs, copies of it quickly spread to other members of the faculty and staff as well as students and alumni. It evoked strong feelings from those who read it, both in favor of and against the Falcone administration and the recent unionization efforts. According to the Carroll College Faculty Manual, the duties of departmental chairs fall under the category of “supervisor.” After reviewing the manual, Jane Hopp, professor and chair of the Department of Health Sciences believes the college has this right. “Upon my review of my responsibilities as chair and my understanding of the National Labor Relations Act and the Supreme Court’s full opinion on NLRB v. Yeshiva University, which I have read, I conclude that the college is within its right to deem me as a ‘supervisor’ in my role as chair,” she said. Professor and chair of the Computer Science Department Gerald

Related Coverage Falcone’s letter to department chairs, page 3 Student reactions, page 3 ‘Loyalty Policy,’ page 3 Isaacs agreed with Hopp. “This sort of language and directive creates an environment of insecurity and alienation among faculty,” said Rich Coon, associate professor in the Department of Sociology. Kevin McMahon, associate professor in the Department of Chemistry and Biochemistry, was surprised by the language in the letter. “I expected it to be more ambiguous,” he said. “It may have come as a surprise to some of our chairs that they had such influence on campus!” Tim Fiedler, associate professor in the Department of Sociology, added, “It is very unfortunate that someone has tried to silence the faculty in this way.” “What this administration See Letter Page 3

McMahon files second lawsuit ‘Most qualified applicant’ refused position

Jessica A. Bauer Editorial Assistant

In a continuing effort to regain her job after being denied tenure last spring, Charlene McMahon, assistant professor for the Department of Chemistry and Biochemistry, filed a second discrimination complaint against Carroll College last week. McMahon believes she was discriminated against because of her previous legal history with the college, and that is why Carroll College refuses to consider rehiring her as a full-time, nontenure track professor. McMahon first filed a discrimination suit last October, stating that the college denied her tenure on the basis of gender, marital status and pregnancy. She withdrew her complaint in December in order to file a lawsuit against the college in federal court. In the meantime, she applied for her position at Carroll, which is now non-tenure track. In January, McMahon received a letter from the college stating she would not be considered “for any future employment or re-employment with the College.” Since then, the college has redefined the position several

times. McMahon states that “what they did, in my opinion, [was modify] the position so that even if I were hired, I wouldn’t be able to teach [biochemistry].” According to McMahon, only six applicants have applied for the current position. She said, “I know that I was the most qualified applicant.” Last spring, McMahon and the other two professors in her department who were up for tenure, Joe Piatt and Kevin McMahon, were told the college would only grant tenure to two of the three candidates. The college informed the three that a non-tenure track position would be made available for the third who was not granted tenure. The college now says that she would no longer be considered for this position. Michael Fox, McMahon’s attorney, says the college changed the job description of her available position and refused to consider her for the position due to the first discrimination complaint filed. “The only logical reason they would exclude her [as a candidate for the position] is because of her previous complaint,” Fox said. This is considered retaliation.

The Equal Employment Opportunities Commission (EEOC), a federal agency that is handling the complaint, will assign an investigator to the case to determine if there is probable cause for the complaint. Fox expects the investigation to take three to nine months. As the EEOC has no enforcement power, after a decision is made, the issue will either be worked out internally, between McMahon and the college, or she can sue in federal court for retaliation. McMahon and Fox hope to have a trial date for her tenure lawsuit case within six months. Another tenure lawsuit was filed by Nelia Beth Scovill, Joel Heim, both assistant professors of the Department of Religion and Philosophy, and Penny Johnson, formerly of the Department of Graphic Communications, after they were also denied tenure last spring. The case will come to trial by next December if it is not settled out of court sooner. A pre-trail hearing is scheduled for early November. Claire Beglinger, spokesperson for Carroll College, declined comment on any issue regarding the four professors, as the college is currently in litigation.

Tons of talent

Photo courtesy of Morgan Weiner

Senior Jesse Pilachowski sang John Mayer’s “Why Georgia” for the Winter Carnival talent show Feb. 27. See page 9 for more Winter Carnival photos.


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