Dear JESSE,

I would like to share some news on a legal case that may prove of interest to those whose research- teaching-, or professional profiles center on academic freedom, the rights of minorities, and social progress. In the particular context of JESSE the relevance of this case is that it is perhaps the only one to have ever brought a single JESSE posting to a federal courtroom. 

The details of the case are outlined in Sierpe vs. Southern Connecticut State University (Case  3:06CV0755 (AWT)). This federal lawsuit, filed in 2006, was the result of events that unfolded in my Department (Information and Library Science) between 2002 and early 2006. The case can be best summarized as centering on four allegations:

a) Race-based discrimination on the handling of my promotion and tenure.

b) Retaliation for having participated in the preparation of two news stories that appeared in our student newspaper, “Southern News”.

c) Retaliation for having made printed copies of the student newspaper available at the ALISE Annual Conference in Boston in January 2005.

d) Retaliation for having disseminated information about the availability of an electronic version of the “Southern News” article 

Point d) refers to a message I sent to JESSE on February 8, 2005. In that message I included the URL for the homepage of our student newspaper. The JESSE posting can be found in the JESSE archives:

http://listserv.utk.edu/cgi-bin/wa?A2=ind0502&L=JESSE&P=R6906

The JESSE posting was subsequently used and specifically cited by the then members of the ILS Dept. Evaluation Committee, ILS Dept. Chairperson, and School Dean to justify recommendations against the renewal of my contract for 2005-2006. This was done despite the fact that I had already been granted promotion to Associate Professor for Fall 2005. 

At that time, the passionate intervention of Dr. Steve Larocco (English Dept.), our AAUP Grievance Officer, in defense of the fundamental protections of Academic Freedom led to the first major setback for those who wished to suppress the dissemination of information about my allegations and have my association with SCSU terminated: 

-The SCSU Academic Freedom Panel ruled that using my JESSE posting of February 8 to justify a non-renewal did indeed constitute a violation of my Academic Freedom. This was then followed by a contract renewal for 2005-2006.

A further setback to who wished to have my employment at Southern Connecticut State University terminated was dealt by the 14-member, campus-wide Promotion and Tenure Committee (P&T), when it recommended me for tenure for fall 2006. The positive recommendation by the P&T to the University President was provided even though my tenure file included three letters recommending strongly against it: Dept. Evaluation Committee, Dept. Chair, and School Dean. 

The position of the P&T Committee was ultimately reaffirmed by the highest university administrator at the time, Dr. Cheryl J. Norton. She recommended me for tenure to the Board of Trustees of the Connecticut State University system (CSU) and my tenure became effective for fall 2006.

The Federal lawsuit that is now in court followed a complaint I filed with the U.S. Equal Employment and Opportunity Commission (EEOC) in 2005. I am being represented by Attorney John R. Williams (http://www.johnrwilliams.com/Overview.shtml) and at this stage the expectation is for the court to conclude its proceedings sometime late this week. 

Although the case could have been settled much earlier I felt that bringing it to a courtroom and a jury, regardless of the outcome, was important to defend fundamental principles. During his brief testimony as a witness for the plaintiff, Dr. Larocco clearly defined the concept of Academic Freedom when he was cross examined by the defense council.  Presenting the case to a jury was also intended to remind the University administration about the importance of maintaining and enforcing its commitment to diversity. The word “diversity” cannot simply be used in glossy and colorful university brochures for marketing purposes. As a concept, diversity needs to be fully embraced and used as a driving force to enable the University to realize its goals on the advancement of an agenda for social progress and social justice. 

Over the years I have maintained contact with colleagues from institutions in the United States, Canada, and beyond. They have offered support in various ways and to them I would like to offer a heartfelt Thank You. Without your support and that of my Dept. and campus colleagues it would have been impossible for me to remain in the struggle to uphold the principles we teach our students. The experience has been undoubtedly difficult but it has also provided valuable lessons: 

There is a huge difference between standing in front of students quoting the principles that inform our profession from a textbook and standing up to fight for those very same principles. There are very few junctures in life where we are faced with the choice between being on our knees and standing up and where standing up means putting our careers and/or livelihood in danger. I chose to put my career and livelihood on the line but this is one juncture I do not wish anyone to have to ever arrive at without first understanding the potentially brutal consequences that may result from not adopting the expected posture of submissiveness. However, given my heritage, cultural dispositions and life experiences I made, and will always make the choices I feel are consistent with my values and my views on my function as a Professor. And having the freedom to make a choice and having that choice respected is, in my mind, the real meaning of Diversity.

I wish you all a great summer and look forward to seeing you at the next ALISE Annual Conference. 

Eino Sierpe, Ph.D. (McGill ’02)
Southern Connecticut State University
New Haven, Connecticut