Archive for the ‘Fairness & Social Justice Denied’ Category

Bullies at Weatherford College find support in Truth-averse 5th Circuit Court of Appeals

Monday, August 3rd, 2015

Workplace bullying is endemic in healthcare and education, including higher education, for reasons discussed elsewhere at the WBI website.

Now comes a story of an inept community college administration, at Weatherford College, unwilling to even consider complaints from a long-time faculty member. Professor Karen Lopez Austen about the abusive conduct she faced in the Athletics Department.

The WBI 2014 U.S. Workplace Bullying Survey revealed that most employers deny complaints or justify them. In Austen’s case, they never considered the evidence she had assembled for the Board. An outsider can easily infer that the Administration, led by Kevin Eaton, had decided to not renew Dr. Austen’s contract, despite the legitimacy of her complaint.

So, as was her right, Dr. Austen filed a civil suit claiming sex and ethnicity discrimination along with retaliation for daring to hold the college accountable to operate lawfully and according to internal policies. She probably, like most bullied targets, especially highly educated individuals, expected to find justice in court. We constantly warn targets that justice is rarely found and almost never in court.

Remember, the college administrators refused to hear her complaint. The trial court judge did not allow Dr. Austen her day in court. Judges possess ultimate authority to grant access to their courts.

Judges have two avenues to end cases before they start — dismissal or summary judgement. Targets are typically plaintiffs who sue their employers, the defense. The defense files the motion to dismiss. Dismissal is based on technical details of the case that have not been addressed ensuring that the law cannot relieve the problem — e.g., “including lack of subject matter jurisdiction, lack of personal jurisdiction, improper venue, insufficiency of process, insufficiency of service of process, failure to state a claim upon which relief can be granted, or failure to join a necessary party.”

When the defense files a motion for summary judgement, it is saying that if the parties don’t dispute the material facts of the case, then the judge can determine whether the defendant is liable based simply on the pre-trial evidence assembled, if any exists. In the case Austen v. Weatherford College, there was no such agreement. The civil case was all about the disputed facts. The college said nothing happened. Dr. Austen said otherwise. Guess what. The judge in Federal District Court agreed with the college and threw out the case based on summary judgement.

In most cases, financially strapped terminated and unemployed targets go no further. But Dr. Austen filed an appeal with the federal Fifth Circuit. It was no surprise that the Appellate Court upheld (agreed with) the pro-administration ruling of summary judgement. Remember, no entity had yet considered the evidence that plaintiff Austen had put together to prove her complaint of discrimination.

Austen’s attorney, Mark Robinett, at the Austin Texas firm of Brim, Arnett & Robinett. P.C., was shocked by the 5th Circuit Court’s ruling of a 3-judge panel (Judges Smith, DeMoss and Higginson). What he found appalling was that his client’s evidence did not matter. In a general letter to the public, attorney Robinett wrote:

… the Court of Appeals held that her evidence did not matter, that she had failed to present a “prima facie” case or “rebut the legitimate reasons for termination (sic nonrenewal) offered by the college. The court also holds, as if it has some basis for making a fact finding (which is a “no-no” for an appellate court) that “(t)he six serious, documented instances of misconduct from the semester after the settlement agreement were the primary reasons for termination (sic nonrenewal).

Robinett, quoting the appellate court’s ruling stated

What matters is not the truth of the underlying complaints and reports, however, but rather whether the college could legitimately have relied on them in deciding to terminate Austen. The college could do so.

In fact, the college president, Eaton, mis-characterized Dr. Austen’s complaint to the Board. The Board never heard Austen’s perspective.

The injustices Austen faced was compounded by the 5th Circuit with its pro-institutional bias that claimed evidence did not matter. Robinett concluded that the court was doing a trial jury’s job without the benefit of live testimony or assessing the credibility of the Weatherford College administrators.

Read Attorney Robinett’s letter countering the assertion that Dr. Austen was not renewed for just reasons. She never got to tell her side of the story to an impartial court.

Read the ruling by the three judges that back legal scholarship and justice by decades.

Justice in America?


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Posted in Fairness & Social Justice Denied, Related Phenomena, Rulings by Courts, WBI Education, Workplace Bullying Laws | 1 Archived Comment | Post A Comment () »

Changes for policing suggested by Serpico

Friday, January 9th, 2015

How Police Departments Can Mend the Rift with the Public

Police must be taught that the power entrusted to them is not theirs to use or abuse as they see fit.

By Frank Serpico, The Nation, January 7, 2015

WBI: Frank Serpico was an honest NYPD cop in the 1970’s who refused to be corrupted and was set up to be killed by fellow officers because he had broken the code to conform to what others were doing. He survived and testified against his brothers in blue. His story was made into a theatrical movie starring Al Pacino and a History Channel documentary. His comments on the current troubles with policing — excessive force used on black men and insubordination to the mayor — seem more credible than opinions of others without his personal experience. The words below are his.

In 1971, shortly after exposing widespread, even systemic corruption amounting to millions of dollars in bribes and illegitimate relationships between the New York Police Department and criminals citywide, I was shot point-blank by a dealer during a buy-and-bust drug operation. My backup team failed to call 911, but an elderly Latino tenant did, saving my life. I was awarded the Medal of Honor by the NYPD—not for exposing corruption, but for being shot while engaging a drug dealer.

To this day, many officers believe I gave the department a black eye. I’ve been vilified for speaking out about corruption and the excessive use of force, for holding my colleagues accountable and for reminding them of their mission: first and foremost, to protect and serve the community.

Decades later, more and more citizens across the country are losing faith in our justice system, with brazen acts of police brutality frequently captured on cellphone videos; the militarization of police forces through the acquisition of war-machine surplus; continuing racial tensions coupled with a lack of initiative for community policing; and the sentencing of minor offenders to long terms in for-profit prisons, where they essentially become indentured servants.

Over the past month, police officers from around the country assembled in New York City to mourn the loss of two of their brothers in blue, who had been slain by a disturbed gunman. Relations between the NYPD and Mayor Bill de Blasio fell to a new low after many officers at the memorials—spurred by incendiary rhetoric from Patrick Lynch, president of the Patrolmen’s Benevolent Association—turned their backs on the mayor as he spoke. Such puerile behavior constitutes conduct unbecoming an officer and insubordination, and it should be disciplined as such.



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Posted in Fairness & Social Justice Denied, Guest Articles | 1 Archived Comment | Post A Comment () »

Attn: SS Disability beneficiaries, new Congress takes aim at the vulnerable

Thursday, January 8th, 2015

WBI: Because of the extreme health harm bullying causes, some targeted individuals, with help from their physicians and psychotherapists, were granted paltry amounts of monthly Social Security Disability payments on which their survival is entirely dependent. Republicans in the House included an obscure rule change on opening day of the 114th Congress that altered how Social Security trust fund transfers money to fund SS Disability. They made transferring funds (reallocation) contingent upon either increasing the SS tax or cutting benefits. It is estimated that starting in 2016, disability recipients will suffer a 20% decrease in their benefit.

Dear disinterested/apathetic/dim-witted American voters — pay attention to elections and who you send to Congress and your state legislatures. This is what we have brought upon ourselves.

From the office of Sen. Sherrod Brown: Reallocation is a simple procedure used by Congress to rebalance how Social Security payroll tax revenues are apportioned between the two trust funds – the equivalent of transferring money from a checking to a savings account. Reallocation is commonsense, bipartisan policy that has been utilized by both parties 11 times since 1957 – most recently in 1994, including four times under Ronald Reagan. It was projected that the 1994 reallocation would keep the trust fund solvent until 2016.



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Posted in Commentary by G. Namie, Fairness & Social Justice Denied, The New America | 1 Archived Comment | Post A Comment () »

Ernie Cooke: Loyal spouse, good kind man, advocate for all those bullied at work

Saturday, December 27th, 2014

Ernest Frederick ‘Ernie’ Cooke, Jr., 65, of Morgantown, WV
passed away on Saturday December 20, 2014

Requiescat in pace

In his own words, he will “always be there” for his beloved spouse, Lana, the WBI West Virginia State Coordinator.

We let him tell his own story about watching his spouse be bullied and subjected to harm and how it made him an advocate.


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CIO: Workplace Bullying a Costly Epidemic in the Enterprise

Wednesday, December 10th, 2014

By Sharon Florentine – CIO – 11/7/14

Workplace bullying opens your organization up to poor productivity, lower retention rates and possible legal action. And it’s not an isolated issue – the workplace statistics are shocking. Is your culture cultivating a bully mentality?

Old bullies never die, they just get … promoted. And older doesn’t always mean wiser. Those bullies you remember from your school days don’t always grow out of that behavior. Many in fact, carry it with them into the workplace.

If you think bullying isn’t happening in your organization, think again. According to a Zogby poll commissioned by WBI in January 2014, 27 percent of the 1,000 U.S. workers surveyed had been the target of bullying; an additional 21 percent had witnessed an incident or incidents of bullying in the workplace.

A recent Forbes article reported that an alarming number of respondents, 96 percent, admitted to being bullied in the workplace.

The issue is so prevalent that Gary Namie and his wife, Ruth Namie created the Workplace Bullying Institute(WBI), an organization dedicated to eradicating workplace bullying.

Defining Workplace Bullying

Different people may have different ideas about what workplace bullying means, but the WBI offers these thoughts: “We have a fairly high threshold for the definition of bullying; we define it as repeated mistreatment and abusive conduct that is threatening, humiliating, or intimidating, work sabotage or verbal abuse. Even so, we consider it something of an epidemic,” Gary Namie says.

Bullying Has Widespread Organizational Impact

Bullying in the workplace affects more than just the individual targeted. It has negative effects on an entire organization, according to Namie and WBI data. “Victims suffer from depression, anxiety and panic. They take more sick days, resulting in higher rates of absenteeism. They have higher rates of stress-related health problems, increasing employers’ healthcare costs. They aren’t as motivated, engaged or productive – why would they be?” says Namie.

These individuals who are bullied are more likely to leave your organization and they certainly aren’t going to recommend your company to their talented friends, family or professional contacts.



Posted in Fairness & Social Justice Denied | 2 Archived Comments | Post A Comment () »

Guest: The Lived Experiences of Bullied Teachers

Monday, December 8th, 2014

By Deidra A. Sorrell Ed.D., NCC, LPC

Summarizing her newly completed doctoral dissertation …

The research examined the lived experiences of elementary school educators facing workplace bullying within public schools.

The researcher recruited six elementary school educator-participants from WBI volunteers. All participants were female and over forty-years-old. All of the participants experienced bullying after taking medical leave due to preexisting health issues, which caused more stress and anxiety. As a coping mechanism, all of the participants found the teachers union ineffective in solving their disputes. The educators were interviewed at length to gain extensive descriptions of their experiences.

Three major themes emerged from the data. The themes included: (a) experiences with workplace bullying, (b) coping, and (c) environmental factors contributing to workplace bullying.



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Posted in Fairness & Social Justice Denied, Guest Articles, Tutorials About Bullying, WBI Education | 2 Archived Comments | Post A Comment () » How’s the Boss?

Friday, October 31st, 2014

How's the Boss


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Stop street harassment: Yet another venue for abuse

Wednesday, October 29th, 2014

Hollaback — the movement to stop sexual harassment of women simply walking in public — features a video of Shosana Roberts walking in New York City for 10 hours filmed by Rob Bliss who produced the PSA below. And men think women’s experiences are no different from theirs — get real. Watch the humiliation hurled at Roberts.


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“It’s On Us” Anti-Sex Assault Program Blames Bystanders

Saturday, September 27th, 2014

There is a raging epidemic of sexual assaults on US college campuses. Reliable estimates claim that between 16% and 25% of college women face the risk of rape or some other assault, according to the spring 2014 report by the White House Task Force to Protect Students from Sexual Assault. The Obama Administration’s goal is to understand the problem then propose legislative, behavioral and institutional changes to eradicate the problem.

On Sept. 23, 2014, the government launched a new public education campaign featuring celebrities (ostensibly the only credible Americans with the right to suggest that the public change its behavior) — It’s On Us. The message attempts to increase the responsibility felt by witnesses of assaults to intervene and disrupt.

In school bullying initiatives, it’s called making “upstanders” out of bystanders. Witnesses are known to not intervene in emergencies of all kinds. The reluctance is called the “bystander effect,” and followed a 1964 rape and murder of Kitty Genovese in Queens New York witnessed by 38 neighbors, each of whom failed to call the police in time to save her life. The explanations that emerged from subsequent research (led by social psychologists John Darley and Bibb Latane starting in the 1960’s). Bystander reticence is usually based on fear — of retaliation, of botching a rescue, of being the sole helper, of being the next victim.



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Posted in Fairness & Social Justice Denied, Media About Bullying, Print: News, Blogs, Magazines, Tutorials About Bullying, WBI Education | 2 Archived Comments | Post A Comment () »

Colbert’s take on Manhattan inequality — separate building entrance for the “poor”

Wednesday, July 30th, 2014

The Colbert Report
Get More: Colbert Report Full Episodes,The Colbert Report on Facebook,Video Archive


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Posted in Commentary by G. Namie, Fairness & Social Justice Denied, The New America | 1 Archived Comment | Post A Comment () »

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