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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. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  2. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

  3. Low energy. Next!

  4. Had William Pryor made such provocative statements as a candidate for the Indiana bar he could have been blackballed as I have documented elsewhere on this ezine. That would have solved this huuuge problem for the Left and abortion industry the good old boy (and even girl) Indiana way. Note that Diane Sykes could have made a huuge difference, but she chose to look away like most all jurists who should certainly recognize a blatantly unconstitutional system when filed on their docket. See footnotes 1 & 2 here: http://caselaw.findlaw.com/us-7th-circuit/1592921.html Sykes and Kanne could have applied a well established exception to Rooker Feldman, but instead seemingly decided that was not available to conservative whistleblowers, it would seem. Just a loss and two nice footnotes to numb the pain. A few short years later Sykes ruled the very opposite on the RF question, just as she had ruled the very opposite on RF a few short years before. Indy and the abortion industry wanted me on the ground ... they got it. Thank God Alabama is not so corrupted! MAGA!!!

  5. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

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