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Fired professor wins one, loses another appeal

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A tenured English professor at the University of Evansville who was fired after an inappropriate interaction with a fellow professor lost his appeal against his co-worker, but his case against the university will proceed.

John Haegert, who had informal complaints noted in his file from female students regarding inappropriate language and touching, approached Professor Margaret McMullan while she was interviewing a prospective student. Haegert said “Hi, sweetie” and touched McMullan’s face and neck in a tickling gesture while she was speaking with the prospective student’s family. She was offended by his conduct. Haegert claimed he was in a happy mood that day because he learned his wife was free of cancer.

A formal complaint was filed, and a review committee determined the behavior violated the university’s no-tolerance sexual harassment policy. Haegert was later fired because of that incident. Haegert appealed to the university board of trustees, which concurred with his termination.  He then filed a complaint against McMullan alleging defamation, tortious breach of his contract, and infliction of emotional distress. He also sued the university, claiming its decision to terminate his employment for violation of the sexual harassment policy was a breach of his tenure contract.

In two separate decisions, the Indiana Court of Appeals affirmed summary judgment for McMullan, but reversed summary judgment for the university with regards to Haegert’s complaint against the University of Evansville. In John Haegert v. Margaret McMullan, No. 82A04-1008-CT-470, the judges found that the specific statements Haegert believed were defamatory weren’t sufficiently identified by him in his complaint. Also, regarding statements contained in a file kept by McMullan, he failed to show how he was injured by the contents in that file regarding previous informal complaints made by students. Haegert’s termination was based only on the incident involving McMullan as the other complaints were never officially filed by the students. The COA also found that there wasn’t properly designated evidence in the record that McMullan intended to cause Haegert emotional distress.

In John Haegert v. University of Evansville, No. 82A01-1008-PL-369, the appellate court was divided, with the majority finding that the university didn’t satisfy the burden of proof that Haegert had committed sexual harassment in the form of a hostile work environment before terminating his employment.

The majority noted that the university has a zero-tolerance policy, with Judge James Kirsch writing, “One of the problems with the treatment of sexual harassment is the failure to distinguish between assault and trivial behavior. This problem is magnified by zero-tolerance polices such as the one here, where the consequence for any of a range of behaviors can result in the termination of one’s employment.”

The majority remanded for further proceedings, but Judge Nancy Vaidik dissented. She argued that the case is governed by the university’s zero-tolerance harassment and sexual harassment policy, and that Haegert knew a violation of his employment contract was cause for termination.
 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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