The Fall of the West(ern): Perry Mills gets a new roll in the barrel
Permalink +Wed, May 27, 2009, 2:58 pm // Guest writer
-------
Tuesday, May 26, Division One of the Washington Appeals Court handed down a ruling in the case of Perry Mills v. Western Washington University. It’s a long and complex tale: http://perrymills.blogspot.com.
The public record is mostly dominated by the university’s attempt to fire whistle-blower Professor Perry Mills and, failing that, to silence him. The ugly secret the university has tried to hide is the misappropriation of student course fees in the theater department. After blowing the whistle on his superiors, Mills found himself in hot water.
No criminal complaint has been filed, but state law is clear about diverting funds.
In March 2003, in response to a complaint from Mills, the university began an audit on the missing student course fees. Mark Kuntz, the department chair who diverted the money, was appointed to the audit committee and also to a committee to rewrite the university policy on student course fees. In May 2004, Kuntz wrote the first memo demanding Mills be fired. By July 2004, the cover-up was complete and the sanitized audit report was officially released.
It immediately drew fire from a former dean, who memo’ed the university auditor, “To have claimed, as the [Provost’s] response does, that no action will be taken because no policies were in place is absolutely false and misleading; I should think that there is a legal implication to this sort of denial.” The audit report pivots on the university ignoring the funds were earmarked by being collected for a single purpose and could not be used otherwise. In sworn testimony, Kuntz admitted the funds should have been returned to the students.
The apparent failure of the cover-up was followed by the university’s attack on Professor Mills career. In October 2004, Mills was suspended from teaching and escorted from campus by university police. Kuntz had once again manipulated the university by producing student complaints later found to be baseless. As successive accusations were knocked down, new ones were created.
The see-saw legal battle was initiated in 2005 by Mills suing Western in Federal Court for suspending him without disclosing any charges or holding a hearing to determine the facts. The university was directed by the federal court to hold such a hearing, which the university closed to the public by ejecting this reporter. The need for secrecy ultimately proved to be their downfall because closed hearings are illegal.
Here’s the story from the Whatcom Independent.
The state appeals court nullified the university’s actions and directed them to start over from the beginning.
The university has numerous options, including: appealing to the state Supreme Court to vacate the appeals court ruling; holding another hearing – this time open to public scrutiny; or reaching a settlement with Mills. Currently, they are weighing their next action. A public hearing will very likely dwell on the university’s alleged retaliation for Mills blowing the whistle on the financial irregularities.
Tuesday’s appellate ruling awards attorney’s fees to Mills and that number will probably have five or six digits. The award amount will be set by the court later.
The university’s attempted cover-up will cost taxpayers hundreds of thousands of dollars when the bill is finally totaled up. It’s long past time to let a little sunshine into those ivy-covered halls.
Related Links:
-> The State Appeals Court decision released on May 26 - a pdf fileScott Wicklund // Thu, May 28, 2009, 8:04 am
The Sam Taylor story in the Herald was disgusting. Thanks for covering this.
Tip Johnson // Fri, May 29, 2009, 9:18 am
Holy cow! I didn’t read any of this stuff in the hokey, slanderous story by Bellinghams’s knave reporter at the toy newspaper. No wonder newspapers are going down!
But golly, if University administrators are “diverting”(isn’t that stealing?)money from students in that department, isn’t it fair to assume that other departments have caught on, or been so directed, by now? That would be many, many more figures than Professor Mill’s settlement. It’s amazing how every petty crook makes the paper, but reporters won’t even look at white shirts and ties. Paul’s reporting once again shows that if justice were ever served in this town, there could be quite a few very nice jobs available!
Michael Lilliquist // Fri, May 29, 2009, 11:41 pm
My first reaction was, “wow, how unfair and unjust the university has been, to retaliate over financial whistle blowing.” So I decided to look into it. What I found is completely different. Decide for yourself, by reading the court decision. It appears to deal with harassment and offensive conduct.
http://www.courts.wa.gov/opinions/pdf/62402-4.pub.doc.pdf
Anyone remember the Kurosawa film “Rashomon” staring the young Toshiro Mifune?
John Servais // Sun, May 31, 2009, 1:59 am
Actually, much of the “harassment and offensive conduct” may not be true and may be lies by Western Washington University administrators. That is why this issue is important and requires full public process. The Appeals court simply repeated allegations that came out of the illegal and secret hearing. A public hearing with evidence, witnesses and testimony may destroy many of these stories. That is what we need.
A prodding form of teaching has always been accepted in academia as well as by Americans in general. The movie “The Paper Chase” should be familiar to some. For others, the popular TV series ‘Hell’s Kitchen’ with celebrity cook Gordon Ramsay is an extreme example.
I’ve known Perry Mills for 30 years. He has always had a sharp tongue. Yet WWU chose to tenure him in 1994 and make him a full professor in 1999. They knew he used a rough teaching style.
When Perry exposed illegal activities by administrators at Western in 2003, the full force of then President Karen Morse’s administration came down on him. A cavalier disregard for state laws is now a fact established by the State Court of Appeals. Others who have followed this issue say that WWU administrators engaged in falsifying charges and creating evidence. Only a full public hearing can address these issues.
Of interest is how Whatcom Superior Court Judge Mura played along with the University, giving their illegal processes his approval. The Appeals Court reversed him. He went over the line by putting into the record unsubstantiated charges against Perry - and these are what the Appeals Court mistakenly copied. This tale is full of abuses by public officials - all to protect other public officials.
Let us not jump to judgement until a legal public process has taken place - if it ever will. What this case needs is an investigative writer who can delve into the files and interview the students who are now long gone from WWU. Perhaps theirs is the testimony that WWU did not want presented in an open hearing.
And it would be nice to investigate the stealing of student fees by administrators at WWU - the illegal activity that Perry originally exposed. To date the University and our local prosecutor have protected the employees.
Paul de Armond // Sun, May 31, 2009, 7:09 pm
Michael got it right—- except there never was a legal and valid finding of fact and some of the incidents cited by the appeals court were shown to never have happened at the university’s own secret hearing. Get that? Never happened.
Those false accusations are in the ruling because they were re-introduced in pleadings and argument, not because that’s what the faculty panel found to be the case.
Whatcom Superior Court Judge Steven Mura was so befuddled by the mudslinging that he though he was dealing with a sexual harassment case. Sex never came up in the charges or at the hearing. Mura also went through back-flips to deny that the funds diversion constituted embezzlement.
Mura made plenty of errors, but the one that counted was his refusal to read the plain text of the Administrative Procedures Act. It says quite clearly that closed hearings are illegal and illegal procedures of any kind are nullified.
Mura found the procedure illegal, but the results valid. That’s the nub of the appeal ruling. Mura misapplied the law and created a wrong.
The appeals court’s remedy was exactly what Mills asked Mura for: set aside the university’s suspension by nullifying Western’s kangaroo court. In addition, Mills has been awarded his attorney’s fees for repairing Mura’s error.
It’s very Alice-in-Wonderland. Just pray God it never happens to you.
Jay Taber // Mon, Jun 01, 2009, 12:12 pm
Institutions are fairly predictable organizations. When threatened with embarrassment or censure, they often compound small crimes into larger ones.
Now that the tide has turned against the university administrators on the Professor Mills scandal, those small crimes that catalyzed the cover-up now risk a higher level of exposure (and remedy) than they would have had they been addressed appropriately at the outset. As Mills’ attorney refuels on the proceeds from their felonious conduct, the pressure inside the administration on those with knowledge of illicit activity may even generate juicy leaks.
Any perjuries against Mills that were previously contained by the secret hearings will eventually be drawn out by the legal process, where those who were willing to bear false witness under apparent immunity, will find that perceived protection fleeting. Any officials implicated in suborning perjury may soon wish they were elsewhere.
John Servais // Wed, Jun 03, 2009, 3:57 pm
Today’s Cascadia Weekly has a more thorough report on this Perry Mills vs Western issue. Paul de Armond contributed substantially to the article written by Tim Johnson.
Bellingham! It’s The Mercury!
Wed, Mar 10, 2010, 7:42 pm // Kamalla Rose Kaur
Maybe NOAA knows the truth about our waterfront. Our Port of Bellingham pretends it is not toxic. But it is criminally toxic.
1 comments; last on Mar 10, 2010
The Way I See It - Choose your poison
Wed, Mar 10, 2010, 4:49 am // Ham Hayes
How we, the public, choose to respond to growing polarization in our society is crucial.1 comments; last on Mar 10, 2010
Intraprising Government
Fri, Mar 05, 2010, 10:30 am // Craig Mayberry
A novel approach to government monoplies0 comments
The Way I See It - The Fall of Science
Wed, Mar 03, 2010, 5:00 am // Ham Hayes
Enough has been revealed, written and said about “Climate-gate” for me to be alarmed.7 comments; last on Mar 07, 2010
Aging: The Times Are A-Changin’
Sat, Feb 27, 2010, 6:22 pm // Guest writer
By guest writer Nanette Davis, Ph.D. Elder care is a growing crisis nationally and locally.1 comments; last on Mar 02, 2010
The Way I See It - Beware AHD
Wed, Feb 24, 2010, 5:00 am // Ham Hayes
Hockey night in Canada may be replaced.2 comments; last on Feb 25, 2010
Dysfunctional - the now acceptable word
Mon, Feb 22, 2010, 7:50 am // John Servais
It is now acceptable to say that our governments are dysfunctional. I agree they are. The question is - why?
10 comments; last on Feb 26, 2010
A Pacific Northwest Childhood: A conversation with Nita Clothier
Thu, Feb 18, 2010, 5:03 am // Kamalla Rose Kaur
Local elder, Nita Clothier, talks with Kamalla Rose Kaur about growing up in a logging camp
0 comments
The Way I See It - “I’ve got your back.”
Wed, Feb 17, 2010, 5:00 am // Ham Hayes
Leaders in government need to rethink their approach.0 comments
Where Have We Been- Where Are We Going?
Mon, Feb 15, 2010, 5:00 am // Craig Mayberry
People and businesses have had to make changes in what they do, when will government do the same?1 comments; last on Mar 02, 2010
Fair Sports are the only way
Mon, Feb 15, 2010, 4:49 am // John Servais
Larry Ellison has won the America's Cup in sailing by playing fair. He is a fine example for us all.0 comments
The Way I See It - Beauty or Beast?
Wed, Feb 10, 2010, 4:59 am // Ham Hayes
Unlike other species, we need more than basic survival strategies.
1 comments; last on Feb 11, 2010
Respect and Services for county residents
Mon, Feb 08, 2010, 5:00 am // John Servais
Our county executive, Pete Kremen, has failed us citizens by ignoring the safety concerns of Lummi Nation.1 comments; last on Feb 10, 2010
Lummi Accolade: Brave, Smart and Honest
Fri, Feb 05, 2010, 12:23 am // Tip Johnson
Lummi officials and Lummi Island residents meet -Village to Village2 comments; last on Feb 06, 2010
Breaking: Lummi Island Ferry Agreement Reached
Thu, Feb 04, 2010, 4:41 pm // John Servais
Negotiations have reached a conceptual agreement. Details this evening.
0 comments
State legislators propose fees for public info
Wed, Feb 03, 2010, 3:39 pm // Guest writer
By guest writer Marilyn Olsen. A Bill seeks to impose fees on those requesting access to public documents.2 comments; last on Feb 07, 2010
The Lummi Blockade: Block Lummi Aid?
Wed, Feb 03, 2010, 1:31 pm // Tip Johnson
Whatcom County lacks both authority and leverage to negotiate a Lummi Island ferry deal0 comments
The Way I See It—Quetzal Talk
Wed, Feb 03, 2010, 5:00 am // Ham Hayes
Ham is vacationing in Costa Rica. He sends us his observations.
0 comments
Troubling Vancouver Olympics
Mon, Feb 01, 2010, 12:55 pm // John Servais
The Olympic games are disruptive to civil rights wherever they are held. This is proving true again in Vancouver.1 comments; last on Feb 04, 2010
Northwest Citizen has a Front Page
Fri, Jan 29, 2010, 1:42 am // John Servais
NwCitizen adds new design elements to its home page. The publisher explains what and why.1 comments; last on Jan 30, 2010
The Way I See It - Death by Secrecy
Wed, Jan 27, 2010, 4:59 am // Ham Hayes
Issues are no longer relevant when secrecy is the name of the game.1 comments; last on Jan 27, 2010
The Lummi Blockade
Sat, Jan 23, 2010, 6:15 pm // Tip Johnson
The Lummi Nation appears prepared to implement a threatened blockade of Lummi Island commencing February 14th
1 comments; last on Jan 24, 2010
The Way I See It - Upheaval!
Wed, Jan 20, 2010, 5:00 am // Ham Hayes
The earthquake in Haiti is a new reminder that we must also be prepared.0 comments
Racism and Western’s Late College of Ethnic Studies
Mon, Jan 18, 2010, 5:00 am // Kamalla Rose Kaur
Profiles WWU's College of Ethnic Studies and racism during the 60s
2 comments; last on Jan 19, 2010
Political Ethics
Sat, Jan 16, 2010, 5:00 am // Craig Mayberry
Contrasts business ethics and political ethics
4 comments; last on Jan 17, 2010
The Way I See It - Don’t Eat That!
Wed, Jan 13, 2010, 4:59 am // Ham Hayes
What will New York's proposed salt reduction laws do for us?0 comments
City working to buy Chuckanut Ridge
Mon, Jan 11, 2010, 4:21 pm // John Servais
Bellingham council and mayor are working to buy the 80 acres of Chuckanut Ridge development for a bargain price. Washington Federal does…1 comments; last on Jan 12, 2010
Hippie Jim’s Peace Prize
Sun, Jan 10, 2010, 5:00 am // Kamalla Rose Kaur
Local concert celebrates Pete Seeger's 90th birthday--and the efforts of one man to see him awarded the 2009 Nobel Peace Prize.2 comments; last on Jan 12, 2010
Horizon Bank closed by FDIC
Fri, Jan 08, 2010, 7:02 pm // John Servais
Fate of proposed Chuckanut Ridge development continues to be a concern.2 comments; last on Jan 09, 2010
The Way I See It - Flying Blind
Wed, Jan 06, 2010, 4:59 am // Ham Hayes
The screening of several million airline passengers a day is a huge task--and not being very well done.2 comments; last on Jan 09, 2010
Sport of Bellingham
Mon, Jan 04, 2010, 11:17 pm // Tip Johnson
Port of Bellingham in the news0 comments
Dear Mr. President
Thu, Dec 31, 2009, 5:15 pm // Tip Johnson
Tip writes a letter to President Obama about Health Care and about his concerns that Obama has sold us short.8 comments; last on Jan 04, 2010
New
Current Interest
Citizens of BellinghamSea Shepherd
Watts Up With That?
Climate & Weather
Climate AuditWatts Up With That?
Weather by Cliff Mass
Local
Bellingham HeraldBham Politics & Economics
Bob Sanders
Carl Weimer
Cascadia Weekly
Ferndale R-J
Foothills Gazette
John Watts
KGMI
Latte Republic
Lynden Tribune
Mainstreampolitics
Northern Light
Sam Taylor
Twilight Zoning
Wally Wonders
Washington Outsiders
Western Front - WWU
Whatcom Watch
Local causes
Bham CofC political blogChuckanut Mountains
Citizens of Bellingham
City Club of Bham
Conservation NW
Cordata & Meridian
Futurewise - Whatcom
Lake Whatcom
N. Cascades Audubon
N. Sound Conservancy
Neighborhood Schools Coalition
No Leaky Buckets
NW Holocaust Center
RE Sources
Transition Whatcom
WA Conservation Voters
Cascadia
Crosscut SeattleJoel Connelly
Orcinus
Portland Indy Media
Seattle Indy Media
Washington Votes
Worth checking out
Al-Jazeera onlineAlaska Dispatch
AlterNet.org
Antiwar.com
Arab News
Asia Times
Atlantic, The
Buzz Flash
Common Dreams
counterpunch
Daily Beast, The
Daily Kos
Daily Mirror
Drudge Report
FiveThirtyEight
Foreign Policy in Focus
Guardian Unlimited
Gulf News
Haaretz
Huffington Post
Innocence Project, The
Intrnational Herald Tribune
James Fallows
Jerusalem Post
Juan Cole
Le Diplo
Media Matters
Middle East Times
MoveOn.org
Nation, The
New American Century
News Trust
NMFA
numbers
Online Journal
Palestine Daily
Palestine News
Personal bio info
Politico
Progressive Review
Project Vote Smart
Reuters
Sea Shepherd
Slate
Talking Points Memo
Tom Paine.com
truthout
War and Piece
ynetnews.com
Governments
BellinghamBham - PFD
Skagit County
The White House
WA State Access
WA State Elections
WA State Legislature
Whatcom Auditor
Whatcom County
Leisure
Adventures NWAm Cup - GGYC view
Am Cup legal fight
Entertainment NNW
Other - for whatever
BushFlash.comChickehhawks
Doonesbury
George Bush
Info Clearing House
Michael Moore
Reality News
The Crisis Papers
Third World Traveler
Unity08
Election 2009
- Candidate Forum - video- Mike McAuley endorsement
Auditor election page
Bham #6 - Catherine Chambers
Bham #6 - Michael Lilliquist
Bham At Large - Orphalee
Bham At Large - Seth
County #1 - Dan McShane
County #1 - Kathy Kershner
County #2 - Ken Mann
County #2 - Mary B Teigrob
County #3 - Carl Weimer
County #3 - Michelle Luke
County At Large - Bill
County At Large - Laurie
Port #1 - John Blethen
Port #1 - Scott Walker
Port #2 - Doug Smith
Port #2 - Mike McAuley
2010 Winter Olympics
Amy Goodman InterrogationNo 2010 Olympics
No women ski jumpers
Olympics muzzle free speech
Olympics Resistance Network
Page of Links
Spectacle Vancouver
Zirin on Olympics
Less active
Eye on WhatcomThe American Telegraph
Quiet, offline or dead
David HackworthGitmo prisoner 345
Mega Awesome
Northwest Review
Not in my county
Parkenfarker
Pro-Whatcom
