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A Whistle Blower’s Ouster

Philip Pergola arrived on the Massasoit Community College campus as a bright-eyed 22-year-old, eager to teach business and constitutional law. July 1 would have marked the tenured professor’s 39th year at the college.

To date, hundreds of students have taken his courses and many faculty members have formed strong relationships with the likable professor. In August 2002, Charles Wall, president of the college, asked him to become the chief financial officer of the institution, to help untangle a few financial messes. He gladly accepted, hoping to strengthen the college he loves.

“Massasoit Community College is important to me,” says Pergola. “It’s my home; I grew up here.”

But after research Pergola did that questioned whether some of his faculty colleagues were being paid too much, he became deeply unpopular — and now he says he’s being forced out for being a whistle blower.

The hassles, Pergola says, are rooted in a report that he drafted last year, which indicated that several faculty members at the school were getting paid extra for teaching part-time courses, while failing to carry full teaching loads. The report, which he says was meant to be internally distributed, was leaked to the news media and to members of the faculty. Since that time, Pergola says it’s been a rocky road — a road that culminated in a letter last week indicating that today would be his last as chief financial officer.

“I was trying to find missing money,” an emotional Pergola said Thursday. “We were losing close to $1 million each year.” He believes that the questions he raised in his report are the main motivation for the dismissal.

Dick Cronin, a spokesman for the college, said Thursday that he could not comment on specific reasons for the dismissal because it’s a personnel matter. He added that Pergola was informed in August 2005 that he would be expected to leave the position on June 30, but the professor says that he always maintained that he planned to stay on board as the chief financial officer.

“I initially brought the problems to President Wall,” recalls Pergola. “He told me there was nothing wrong with the practice — that everyone does it.” But the professor felt that it was a severe problem, so he requested a private audit “to check his numbers.” Preliminary results of that audit, released in March, contradicted suggestions that many full-time faculty members were delinquent in performing their full-time teaching duties.

But Pergola remained convinced that something was amiss. He says that the instructions for the audit were drafted by Wall’s lawyer, and that the audit’s findings seemed questionable to him, in light of his own knowledge of the college’s finances.

Currently, a state auditor is conducting an investigation of the situation. Many faculty members have expressed outrage at Pergola, he says, for continuing to press the matter. They recently gave him a vote of no confidence, saying that his actions could ultimately undermine the accreditation of the college.

Cronin says the college is confident in the results of the independent audit and has welcomed the scrutiny of the state auditor. “We’re very positive about the college,” he says. “We’ve welcomed them to come in and look at everything.”

Pergola says he never meant to harm Massasoit. “This was supposed to be an internal look at missing money,” says the professor. “All I wanted was to find out what was going on.”

Wall will no longer talk to Pergola without a witness present, according to Pergola. A letter from the president dated June 23 said that Pergola was supposed to have told Wall “by Monday, June 19, 2006″ that he wanted to remain a faculty member. However, upon discussion between lawyers for the college and for Pergola, the deadline has been extended to today at 5 p.m. The president did not return calls for comment on Thursday.

Pergola says he’d like to keep teaching at the college, but he doesn’t know if he can. “If I thought I did something wrong, it would be different,” he said Thursday, while packing up photographs and papers in his office. “I started this to fix a problem. And the problem will still be here even if I’m gone.”

Rob Capriccioso

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Comments

Sometimes, a college exists to serve the purposes of the people who work there, not the students. And when anyone threatens that system, they are viciously attacked. That is why politics in education is the most ruthless — because there is the least to lose. So, when people who are working the system feel threatened, they will fight, scratch, crawl, and do whatever it takes to retain their cushy job. Clearly, a culture exists at this college where faculty are more interested in lining their own pockets than doing what it is right or in enhancing the development of the students is purports to serve.

RS, at 11:35 am EDT on June 30, 2006

Timing, Equal Footing and Cover-up

It is no accident that this dismissal comes while academia in on vacation. Theft at all levels of government exists. When the brave uncover and report it, they are severely punished and the punishment is covered up by the legal profession.

The parties responsible are usually far more powerful than the whistleblower. The President and the financial officer should be on equal footing. As long as the person accused has the right to fire the accuser, justice is impossible.

Too few facts to judge who is right, but dismissal for a report to identify the potential problem certainly isn’t the answer. The problem should remain open until September and aired out in public.

William Sumner Scott, J.D.

Judicial Equality Foundation, Inc.

wss@jefound.org

William Sumner Scott, J.D., at 11:55 am EDT on June 30, 2006

“cushy job”

I teach at one of the fifteen Massachusetts community colleges, but I was unaware of this case. It is shameful when a whistle-blower is sacked for doing his job. However, to comment, as RS does,” So, when people who are working the system feel threatened, they will fight, scratch, crawl, and do whatever it takes to retain their cushy job,” it is clear that RS has no clue about what it means to be a full-time community college faculty member. Several years ago when the state was in financial difficulty, faculty agreed to increase their teaching load from four to five courses per semester without a concomittant pay increase. As the numbers of full-time faculty decline and those of part-timers increase, the full-timers have more committee assignments and more advisees than ever before. In the past couple of years, abusive behavior by students has been on the increase. Anyone who thinks that this is a “cushy job ” has deeply offended all of those who do their best every day in increasingly difficult circumstances.

Betsy Smith, at 5:55 pm EDT on June 30, 2006

Don’t be a sap

Newsflash: dealing with money is serious, hard work. Some of it cannot be accounted for — serious problem. Not the theoretical world of “let’s spend this” — the real world of cops, prosecutors, judges, and orange jump suits. Think ENRON.

Based on this and local news reports, and 20 years’ of academic and professional experience (not legal work for some odd foundation), this appears at a minimum to be sloppy paperwork and record-keeping. Not, per se, a felony — bumbling is not yet a felony.

That is, numbers did NOT add up. MCC CFOs got nervous — very understandable. “Let’s have a meeting and talk” and votes of “no confidence” just don’t suffice in such matters. Real, authentic action of a corrective nature required, unfortunately.

As to what happened next at MCC, the process could be argued.

But to be 100% clear, to have your numbers off by $1MM is a very serious problem. Consider this: Martha Stewart’s case involved only $53,000.

MCC, do yourself a favor. Get your paperwork in order. Thanks.

A.D., at 9:55 am EDT on July 1, 2006

Epidemic of Retaliation Against Whistleblowers

IHE should put out a call for details of incidents in the past five or ten years where academics have witnessed administrators launching retaliatory strikes against critics — I suspect this plague is spreading. We are not talking about whistleblowers leaking national defense secrets here. Just inquiring about sudden and surprising “fait accompli” presidential personnel or policy decisions can find a lecturer brought in for “counseling” by the Chair or Dean. A Professor publicly sharing concerns over seemingly blatant malfeasance in hiring or budget areas can unleash upon her/himself an avalanche of discrediting and demonization. In a decade on campus, I have seen both of these. What today could be giving these Newly Tyrannical campus executives the confidence to react viciously rather than candidly discuss or, gawd forbid, recant and repent are the mushrooming legions of paid apologists. Mr Cronin, Massasoit’s Executive Director for Marketing, may be one of them or he may be an ethical and underpaid professional diligently supporting MCC’s Mission to “enhance communications” and “manage efficiently.” I do not know him or of him beyond the quote in the article and the MCC website... and the state auditor is still out on whether the million is missing nefariously or just carelessly. Unfortunately, far too many seemingly innocuous spokespersons elsewhere are, behind the scenes, “take no prisoners” and “best defense is a good offense” types. In fact, Chancellors and Presidents in the largest public collegiate systems (such as SUNY) hire and pay their local campus spin doctors (too often close personal friends) high six figure salaries as communications and/or recruiting staffers (redundant to professionals already in place) but use them to crush critics great and small, foreign and domestic. Most informed readers already know the careers of whistleblowers in government service rarely survive (much less prosper from) “doing the right thing.” I believe a new era of higher ed administrations practicing intimidation and retaliation against whistleblowers is upon us. Some body should be collecting evidence, if any, on point and some person(s) should be doing further research into and useful analysis of such data.

David Schlafman, at 11:35 pm EDT on July 1, 2006

Professor as Whistleblower / honest man

This type of clarity / honesty by declaration of constructive analysis by an inside professional is but another example of how the the inherent system that Mass as a governmental entity is know to be. If there were ever a patronage/ arrogant bureaucracy, Mass deserves the credit for invention. This man is idealistic to think there is any other way in all of Mass.

Lee Fieseler, at 4:40 am EDT on July 3, 2006

FAMU

FAMU in Tallahassee has a whistleblower who just got ousted, because he (and his assistant)blew the whistle on Dr. Castell Bryant, interim president of FAMU. Mr. Mike Brown WAS the Inspector General of the university. READ ALL ABOUT IT IN THE TALLAHASSEE DEMOCRAT newspaper: tdo.com

Karen, at 9:35 pm EDT on July 6, 2006

CFO as wistleblower

“If gold will rust, what will iron do?” If a CFO cannot investigate a missing million dollars, who will? Isn’t that his job? At one point it was stated that only 23% of the full time faculty were working a full 5 course teaching load. That should be easy enough to prove or disprove. Outrage is not rebuttal. If the statement is wrong, prove it so the search can go on for the missing money.

fred barry, at 9:50 pm EDT on July 10, 2006

Phil Pergola

I am Phil Pergola’s lawyer. Look forward to the other shoe dropping. Mr. Pergola has been granted a temproray restraining order allowing him to keep his job until the hearing on the injunction. Oddly, the attorney general’s office has notified me that they will be filing an appearance for the president and the community college. I thought they were supposed to assist whistle blowers in uncovering the improprienties. Stay tuned.

Attorney Joseph Krowski, Brockton, MA

Joseph F. Krowski, lawyer, at 8:50 pm EDT on July 12, 2006

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