The College Faculty

Hi Folks,

The Faculty lawsuit has been moving forward steadily, though quietly. I’ve taken the baton from Peter Townsend in coordinating communication, and thought that we’re way past due in providing an update on the various pieces of the legal puzzle that have been unfolding during the past few months.

a) Some may know that Eric Bates, one of the ACCC negotiators, was deposed June 26th.  Due to the confidentiality agreements between the ACCC and the University in their negotiations, the text of the deposition has not yet been released.  University attorneys are still reviewing the text of the deposition, and it should be released soon.  We’ll post it as soon as it’s made available.

b) The Greene County judge has not yet ruled on the University’s motion to dismiss the Faculty lawsuit.  There is no legal deadline for him to do so, and his ruling could come tomorrow or months from now.

c) We’re moving ahead with depositions, and have scheduled two Trustees to be deposed in early September.  Other Trustees and the Chancellor are in the cue.

d) Faculty counsel sent a request to University counsel for electronic documents on July 11.  Most importantly, the request asked the University to produce all e-mails to and from the Chancellor starting in January of ‘07.  We have received a written response, and should be receiving the documents shortly.  At that point we will have to review what has been released, to examine critical absences, and may have to seek the court’s help in compelling production of relevant electronic documents, including, if necessary, forensic retrieval.

On behalf of the faculty I’d like to thank all of you who have supported us in this legal action.  The process is long and painstaking, and of course very expensive, but I’m convinced that the lawsuit (a) has been a primary force in keeping the Board and University at the negotiating table, and (b) has played a very important role in excavating the Board and University processes that led to the closure of the College.  I hope you will continue to show your generosity in this effort to get at the truth and to bring about an autonomous, viable and thriving Antioch College.  Contributions for the Faculty Legal Fund can be directed to the College Revival Fund folks.

For the Faculty,

Bob Devine

PDF Available

IN THE COURT OF COMMON PLEAS OF GREENE COUNTY, OHIO

PETER TOWNSEND, et al.
Plaintiffs,
v.
ANTIOCH UNIVERSITY,
Defendant.

Case No. 2008 CV 0300
Judge Wolaver

PLAINTIFFS’ MEMORANDUM IN OPPOSITION TO DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S FIRST AMENDED COMPLAINT

I. INTRODUCTION
The Court should deny Defendant Antioch University’s Motion to Dismiss because Plaintiffs, the tenured faculty members of Antioch College (the “College Faculty”), are not seeking specific performance of the provisions of a personal services contract and they are not asking the Court to step into Defendant’s shoes and make decisions regarding the operation of the College. Rather, the College Faculty seeks specific performance of Defendant’s contractual obligation to implement less drastic measures than closing the College in order to alleviate the College’s financial problems. Specifically, Section IV A 56 of the College’s Faculty Personnel Policies and Procedures (“the Contract”) permits Defendant to declare financial exigency and close the College only when “an imminent financial crisis exists which threatens the survival of the College and cannot be alleviated by less drastic means.” (emphasis added).
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Antioch College Faculty member Jean Gregorek, was invited to speak by the graduating class of 2008. Jean gave this wonderful speech gave this speech at the Commencement ceremonies on April 26, 2008 in Kelly Hall in the Main Building (Antioch Hall) of Antioch College, Yellow Springs, Ohio

Special thanks for Steve Bognar for providing this video for distribution to the Antioch community.

The text of this speech is included below:

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Hi Folks,

Perhaps, lest I sound like an apologist for Antioch University, I should remind you that I am the lead plaintiff in the faculty lawsuit. I am an advocate for fighting the University in every legal way in order to preserve Antioch College as we all have known it.

Some of you know how strident I have been in trying to persuade all who would listen that no one should consider keeping even a pencil labeled “Antioch College” or “Antioch anything” if the University prevails and the College closes. Much less steal anything the University genuinely values.

Based on how nicely Toni, Andrzej, Lynda Sirk, and Mary Lou LaPierre have dealt with Antioch College this year, if the University prevails I expect to have a search warrant executed to search my apartment for any college “treasure”. If I were stupid enough to have stolen (kept) College (University) property, I probably deserve the legal consequences I am sure Toni and Andrej would gleefully impose on me. Continue Reading »

Thanks for asking, thanks for caring about Antioch.

In order to follow the faculty lawsuit, you kind of need a blow-by-blow.

When we re-filed the suit, we included a motion for a preliminary injunction which would prevent AU from selling anything while the suit was in process. The suit includes a permanent injunction, to be imposed if we win the suit.

The judge decided to have an evidentiary hearing (on April 1) to help him rule on the preliminary injunction.

On Wednesday, 26 March AU deposed Bob Devine. Bob did a great job! Nothing was brought out that we don’t already know about. Continue Reading »

Here’s the latest update: Court Decision - PDF

DEPOSITION OF PAULA TREICHLER - TXT

DEPOSITION OF PAULA TREICHLER - PDF

Below are the PDF & TXT versions of Robert Devine’s deposition on March 26, 2008.

The text version is an export from the PDF and thus is formatted a little strangely.

DEPOSITION OF ROBERT DEVINE - March 26, 2008 - PDF

DEPOSITION OF ROBERT DEVINE - March 26, 2008 - TXT

Message from Professor Peter Townsend

Hi Folks,

From the lead plaintif in the faculty court case:

As most people know, the faculty have delayed the April 1 (April Fools) court hearing.  We did the delay because the judge allowed ACCC to not be deposed (questioned), and our case was dependant on the ACCC testimony.  However, given the rapid events of this past few days, it is a good thing we are not going to court in the middle of such rapid changes.  It is hard to tell who’s on first, and in a successful court case, our lawyer has to know who’s on first in order to win.  Stay tuned for developments next week.

Peter

Office of the Chancellor
150 E. South College St.
Yellow Springs, OH 45387
TEL: 937-769-1 351
FAX: 937-769-1 35
www.antioch.edu

March 21, 2008

Anita Levy, Ph.D.
Associate Secretary
American Association of University Professors
1012 Fourteenth Street, N.W. - Suite 500
Washington, DC 20005-3465

Dear Dr. Levy:

This letter is in response to your March 14,2008, letter to Antioch University. While I appreciate the AAUP’s concern, it’s obvious from the letter that your organization is operating on inaccurate second-hand information without bothering to seek sources that might be better informed, beginning with my office. The sources on which you and your president are relying for information, whom or whatever they may be, are giving you either inaccurate or misleading information, and revealing a very limited knowledge of the University’s financial situation as well as a legal and administrative naivete.

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