http://www.wnd.com/index.php?fa=PAGE.view&pageId=114935
By Drew Zahn
A college professor in Georgia is whirling in confusion right now,
reprimanded and apparently threatened with termination without any specific
charges, hearings or evidence of wrongdoing - only the school
administration's allegation that he "offended" someone.
The troubles for Professor Thomas Thibeault of East Georgia College seem to
have begun during an Aug. 5 faculty sexual harassment training seminar, when
he questioned the assertion - as he understood it - being presented by Mary
Smith, the school's vice president for legal affairs, that the feelings of
the offended constituted proof of offensive behavior.
"What provision is there in the sexual harassment policy to protect the
accused against complaints which are malicious or . ridiculous?" Thibeault
asked.
According to Thibeault's description of the events, Smith replied, "There is
no provision in the policy. I must emphasize that if the person feels
offended then the incident must be reported to the college authorities."
"So there is no protection against a false accusation?" Thibeault pressed.
"No," Smith is said to have responded.
"Then the policy itself is flawed," commented Thibeault.
Two days later, a police chief was waiting to escort Thibeault off campus.
The professor, under the circumstances, believed he was fired.
Then in subsequent weeks, Thibeault was informed his contract would not be
renewed for the following year and that a faculty committee had concluded he
violated the college's sexual harassment policy. For doing what, for saying
what, Thibeault still doesn't know.
Thibeault shortly thereafter contacted the Foundation for Individual Rights
in Education, which immediately fired off a letter of protest.
Said FIRE spokesman Adam Kissel, "The professor still has not received
anything in writing detailing what he is accused of doing. . If professors
can't engage in vigorous debate on college campuses, who can?"
But the letter from FIRE to the school got down to business:
"The Supreme Court has explicitly held on numerous occasions that speech
cannot be restricted simply because it offends people. In 'Street v. New
York,' 394 U.S. 576, 592 (1969), the court held that '[i]t is firmly settled
that under our Constitution the public expression of ideas may not be
prohibited merely because the ideas are themselves offensive to some of
their hearers.' In 'Papish v. Board of Curators of the University of
Missouri,' 410 U.S. 667, 670 (1973), the court held that 'the mere
dissemination of ideas - no matter how offensive to good taste - on a state
university campus may not be shut off in the name alone of "conventions of
decency,"'" it warned the school.
School officials declined to enter the conversation.
"Since this matter is an ongoing personnel mater, I cannot discuss it," said
school president John Black via e-mail.
FIRE officials said Thibeault was notified Oct. 20 "that he had been
reinstated due to lack of evidence."
But then Black issued the professor a "'reprimand' for unspecified
'offensive' speech - again without presenting any notice, hearing, evidence
or witnesses."
"This case is far from over," FIRE President Greg Lukianoff said. "President
Black has added to his blatant abuses of power by reprimanding Professor
Thibeault for his speech, but never bothering to mention precisely what his
offense was. Black has already retaliated against Thibeault by informing him
that his contract would not be renewed after the spring semester. The
bullying tactics at this college are breathtaking."
In the interim, FIRE reported, Black first wrote Thibeault that since he
failed to resign dismissal proceedings were begun, then wrote that a
committee was appointed to conduct an inquiry, then said Thibeault had been
suspended, not terminated.
"EGC and President Black have utterly failed to meet their constitutional
and moral obligation to respect freedom of speech, academic freedom, and due
process," Kissel said. "Black has punished protected speech without any due
process whatsoever, and he has threatened further disciplinary action if
someone else merely sends in a complaint. Meanwhile, he has not lifted his
retaliatory decision not to rehire Thibeault for the next academic year."
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