THE
Volume 105 | Issue 3
O
February 1, 2022
RACLE
Free in single copy
Tech’s primary news source since 1924
Phil Oldham Dropped from Faculty Lawsuit MEGAN REAGAN
Guest Contributor
President Phil Oldham has been dismissed as a defendant – in his official capacity – from a lawsuit filed by university faculty members. Andrew Smith, an English instructor, and Dr. Julia Gruber, an associate professor of German, filed suit last fall after allegedly suffering “adverse action intended to chill their speech … that is protected under the First Amendment” and were denied procedural due process. Actions taken against Smith and Gruber came as a result of fliers, allegedly made by Smith, of Andrew Donadio, an assistant professor of nursing and Putnam County commissioner. Sanctions identified in the opinion include not being allowed to participate in study abroad activities, including faculty-led field trips with students; not being eligible for non-instructional assignments; revocation of a grant awarded to Gruber; requiring meetings to discuss classroom behavior; undergoing observation in the classroom; and threat of termination. Smith and Gruber also allege they were denied a $1,000 bonus due to the sanctions, which was decided by Oldham, and that they are also now ineligible for two years of salary increases. Judge Waverly D. Crenshaw, however, stated in his opinion that “a claim for the retroactive payment of a one-time $1,000 bonus that was not awarded for a prior year’s service is simply not a claim for prospective injunctive relief of which the money would be ancillary.”
President Phil Oldham has been dismissed from the lawsuit in his official capacity and may also be dismissed as an individual. Photo provided by Office of Communications and Marketing.
“Rather, it is a request for relief that would serve to compensate the plaintiff for a past injury and is barred by the 11th Amendment,” the opinion said. “Rather, it is a request for relief that would serve to compensate the plaintiff for a past injury and is barred by the Eleventh Amendment,” the opinion said. According to the judge’s opinion, Oldham may be subject to dismissal as well in his individual capacity because “an individual is only liable for his or her own misconduct.” While Oldham has been dismissed from the suit, claims brought against Provost and Vice President for Academic Affairs Dr. Lori Bruce will remain. Crenshaw said, “The ‘thrust’ of the plain-
tiffs’ real claim against Bruce is to right the alleged wrongs and those include non-monetary damages, according to the opinion. The court cannot dismiss the official capacity claim against her.” Bruce is the one who imposed the sanctions that include non-monetary punishment, the opinion said. She allegedly did so in violation of Plaintiffs’ free speech right and without due process. A chief U.S. District Court judge issued his opinion and order in the matter Wednesday after motions were filed last month requesting partial dismissal for all defendants involved. A trial date in this matter has been tentatively set for Feb. 21, 2023.
COVID-19’s Impact Continues to be Felt by Students MADELYN HUDDLESTON
Reporter
Dr. Edward Driggers wears two masks around Henderson Hall as the number of COVID cases on campus decreases slightly from 234 to 199. Photo by Luke Hayslette.
Students on Tech’s campus are feeling the effects of Omicron, the newest variant of the coronavirus. There has been a large, sudden increase of positive cases since the beginning of the semester, according to Tech’s COVID-19 dashboard. Currently, the total number of active cases is 199 cases as of Jan. 31. In response to the overwhelming surge, the Tech Health Department is now allowing students
to self-report a positive case, versus having to show proof of a positive diagnosis. Faculty and professors have also been affected by the new variant, as currently active cases have reached the double digits for the first time since the beginning of the school year. Unfortunately, Health Services are not able to conduct testing appointments for a minimum of two days after scheduling, making it harder for students to get back into the classroom as soon as possible. see COVID-19 pg. 3
Flooding in Henderson Hall Forces Faculty to Relocate SETH JONES
Reporter
Days before the spring semester at Tech, a rainstorm hit Cookeville and caused increased flooding. Henderson Hall began to see leakages. In the basement, multiple offices and classrooms were damaged. The flood is said to have been caused by a combination of a pipe burst and the heavy rainstorm. No person was injured during the flooding. Samuel Masters, director of building maintenance, shared that it happened over multiple days.
“It’s been doing this for months [and] maybe an even longer period than that, so it has progressively gotten worse,” Masters said. Masters and his crew continue searching for the source, but they believe it could take another rainstorm to find it. All carpet had to be torn out of the offices to relieve the building of the water. It revealed the pile-up of mold in the floors. Along with the mold, there was damaged equipment. Almost all personal items had to be thrown out or recovered from the water damage.
Practice, Even the Improv Troupe Needs It The Backdoor Improv Troupe begins rehearsing for their spring semester season. Page 2
see Flooding pg. 2
Dr. Colleen Mestayer cleans up her office after flooding in Henderson Hall. She had to relocate due to the damage. Photo by Seth Jones.
Community service events held for MLK Jr. Day
Tech Women’s Basketball Number One in OVC
The Office of Multicultural Affairs and the Commission on the Status of Blacks held community service events.
Tech is now number one in the OVC for women’s basketball after a win against Austin Peay 59-56 on Jan. 29.
Page 3
Page 4