students are suffering

It is the strong belief that the result of the university’s attempt to get rid of Dr. D is what is currently happening: the closing of the school and community specializations in the College of Education’s counseling program. The current students are forced to cram classes into their schedules before Spring graduation so they can graduate from a program that is CACREP accredited, and some are looking at the possibility of graduating with a useless degree. The entire situation is bad enough, but now the students are left fighting for the degree/credentials they BELIEVED they would earn when they decided to attend this institution. UHM’s admin needs to their own self-examination and start working for the students’ welfare and best interest, not their own political gain.

student, UHM Counseling Program, at 5:00 pm EST on February 10, 2008

Trampling on the Constitution and Academic Freedom

Was there a conference five years ago where university presidents, provosts, and chancellors were taught how to pervert legitimate emergency procedures (intended to protect campus residents from grievous bodily harm) into a means whereby they could use armed campus police to shield themselves and their staffs from critics — especially any charging them with arrogance and stupidity? If so, they should demand their schools get a refund. An increasing number of crushing and blatantly retaliatory overreactions (similar to this by the UHManoa administration) make the critics’ points for them. During arguments over punitive damages, juries should pay special attention to the deliberately vindictive targeting of what this distinguished and lauded professor holds most dear in life: daily interaction with and nurturing of students. Unless there is hard evidence that a pattern of physical intimidation existed (and even then a hearing should have occurred), that the faculty on this campus did not walk out the next day in at least a one day protest of such precipitous and clearly unConstitutional action is a disgrace that the taxpayers of Hawai’i will end up paying for and that any administrator supporting the initial action should be terminated over...if found responsible at a hearing of course. Even the worst barbarian deserves one in this Republic.

Xena K. Nyen, at 9:30 am EDT on April 16, 2007

Where did the shielded police comment come from? Who says a hearing was not held?

PM, at 3:51 pm EDT on April 16, 2007

Why so incredulous, PM? Tis true. Too true.

Apparently without reading the article under discussion, PM asks:“Where did the shielded police comment come from? Who says a hearing was not held?”

As the narrative relates and the link to it confirms, Interim Chancellor Conan’s letter warns “Any violation of the prohibition could be deemed trespass ... and lead to other security measures as appropriate” If D’Andrea attempts to return to his office or speak to his beloved students on campus and one of his enemies glances out a window seeing that and “drops a dime on him”, who does PM think would arrive armed and sirens blaring to arrest D’Andrea as clearly promised here? Don Ho, sadly, is dead. Armed Campus police of course – whose supervising Chiefs far too often are sycophants annually evaluated for raises/promotions by and serving at the pleasure of a President, Provost, or Chancellor. The officer on the beat is that intervening shield and her or his ability to instantly negate our personal liberty with a pair of handcuffs is the stick Conan wields with authority. No carrot in sight.

Similarly, I saw no UHManoa reference to any hearing having been held yet or even planned in the near future. My direct source for asserting no hearing had been held was no less than an AAUP Director who wrote to UHManoa weeks ago “that kind of action [bans and gag orders] should not be taken before a faculty member has had an opportunity for a hearing. Which he has not.” AAUP must truly believe this to be an egregious case as it has remained silent in some ostensibly similar stateside situations where Professors have been banned from campus following purely philosophical disagreements with administrators.

Professor D’Andrea has been accused of “intimidating and bullying behavior”...likely in sour grapes complaints (too often solicited by hostile supervisors) from those he energetically accused of moral and professional failings. Those who did not want to deal with his rhetorical style. Those who envied his popularity and awards. Most telling is that “[t]he letter does not provide any examples of the alleged behaviors.” WalMart shoplifters are told the specific time and spot of the crime they are being detained for and then are read and guaranteed their rights. Education Professors at UHManoa (and those in other fields at other substandard institutions) have their most fundamental Constitutional and Academic Freedoms (of association, speech and movement) stripped from them without a fare-thee-well or single example of their supposed offenses

The timing of these charges could not be worse for D’Andrea. Self-serving, amoral, and incompetent administrators can now be expected to pervert Virginia Tech’s tragedy into their justification for even tighter speech restrictions and more frequent use of campus bans in what is simply furtherance of the stifling of critical dissent. Unsophisticated juries desperately searching for the thusfar unattainable solution to campus carnage may go along and allow it. Responsible professional administrators capable of defending their own ethics and policy decisions deal with challenges and critique without resorting to such draconian measures.

I hope I have adequately answered your two questions, PM. I also hope you will read the comment from a current student there. While doing so, please be aware that an organizational culture of retaliation (as apparently exists at UHManoa) works its darkest evil against students who rise to defend targeted employees. Please appreciate the risk this student takes in speaking up. Recognize there are dozens if not hundreds of UHManoa students who feel the same way but just want to quietly graduate and leave that tainted campus. If such arrogance, incompetence, and lack of respect for the American Constitution flourishes not only on the main Manoa campus but also elsewhere in the UH System, Hawai’i has truly become a paradise lost.

Xena K. Nyen, at 5:45 am EDT on April 17, 2007

I am one of Dr. D’Andrea’s students at the University of Hawaii. Dr. D’Andrea is by far the best professor I have ever had. Not only was it unfair to prevent him from seeing students, it was unjust for his students to lose a professor mid-semester. To call Dr. D’Andrea a “bully” is, in my opinion, unbelievable. He is kind, just, fair, inspiring, and strives to make the world a peaceful place. I wish the UH administration knew what his removal has done to his students.

Alissa, at 5:51 am EDT on April 18, 2007

Exile in Hawaii

No hearing can be convened until an investigation is complete. For the instructor’s protection, he or she is best secluded from the workplace until the investigation is complete. At that time, the school must determine whether it has made findings which vindicate the instructor, or require further more serious action.

No one is well-served by a premature airing of uninvestigated complaints. I strongly suspect that the instructor in question would certainly expect a similar response if he had filed a like complaint.

Michael Shanahan, Assoc. Vice Chancellor — Employ. Rel. at LACCD, at 5:40 pm EDT on April 23, 2007

What a croc

I have never met Dr. D’Andrea, but I have read many of the emails he has sent to our college list serve during the last four years of my schooling here at UH. In them, he expresses his opinions. One of those opinions included that he did not think UH faculty in the college of education accurately represented the make-up of Hawaii. On this issue, he is right since the vast majority of COE professors are from the mainland US, not Hawaii. They teach mainland values to future school teachers that are going to teach Hawaiian children. To me, this is a valid concern. Furthermore, he brought up his concern to the proper individuals, the Dean, faculty, staff, and students in the college of education.

This is just one of his many viewpoints that D’Andrea sent out to us that you may or may not agree with. Voicing them to his boss (the wolf) and other faculty (we’ll just refer to them as sheep) and students (lambs, of which I am one) was ill-advised even though these are the exact people who need to hear and respond intelligently to these concerns. Why was it ill-advised?

Because the wolf wants sheep, not other wolves in the department. Obviously you can bleat, rant and rave about whatever you want but when it comes down to it you need to be a sheep. I commend Dr. D’Andrea for doing his job well, standing his ground in this tough time, and withstanding the huffing and puffing of the clearly delirious institution that I decided to attend. I sincerely hope that when I earn my degree I can be a part of an academic environment that respects my oftentimes dissenting and power-challenging opinions...opinions that I have been taught to fight for, back up, and wave proudly as my individual flag.

It is sad that I learned this from the very institution that is burning Dr. D’Andrea’s.

Andrew Grant, Graduate Student at University of Hawaii, at 4:25 am EDT on April 26, 2007

Regrettably the academy has a significant number of professors like this: good with students, reasonably well regarded professionally by those who do not work with them on a daily basis, yet absolutely poisonous to colleagues. Supervisors who behaved like them would be hauled in for creating a hostile work environment or intimidating employees. But professors have the luxury of throwing out high-sounding principle to mask their bullying behavior: they call themselves “outspoken,” “honest,” “zealous,” and so on, and invoke free speech. But there is no right to paralyze a department, no right to be heard every time you open your mouth, no right to call names. People like this are really a problem in a community that wishes to exchange ideas in a civil atmosphere.

RL, at 12:00 pm EDT on May 17, 2007

Ongoing discrimination at SUNY and NY taxpayers paying for it

DISCRIMINATION LAWSUITS INCREASING AGAINST SUNY RAISE SERIOUS CONCERNS FOR MINORITIES

NY TAXPAYERS PAYING FOR IT

The battle to stop discrimination from continuing at the University at Buffalo moved to a new arena recently. a courtroom at taxpayers expense.

Ms. Moshenko, who has worked as the sole staff person for nearly 18 years at the Great Lakes Program at the State University of New York at Buffalo filed suit in Federal Court in Buffalo against her employer and two male professors involved.

The lawsuit alleges the administration at SUNY Buffalo failed to address the problem of harassment for months by a male professor. After Ms. Moshenko, also a New York State employee, requested help and assistance from her boss and other administrators including Scott Weber,k Chair of Civil, Structural and Environmental Engineering for harassment to stop. Instead her appointment was not renewed. Ms. Moshenko’s long time career ended a week after reporting to Office of Equity, Diversity and Affirmative Action at UB. The workplace became such a hostile setting to be and work in, Ms. Moshenko was placed on medical leave due to complications from immense stress induced there, which has resulted in affecting her physical health.

“I am still shaking my head in disbelief at what happened to me,” said Ms. Moshenko. “Who would have thought that I would loose my job because I stood up against discrimination in the workplace, especially an educational workplace that boasts diversity, and acceptance.” Moshenko said, “As a single mother of son with autism and well known advocate for people with disabilities, I couldn’t imagine that my employer would be as hostile to me as Chair of the Disability Committee for the UUP-Buffalo. When I began asking for Rehab plans from a six year old ADA lawsuit, it was an eye opener to see how SUNY-Buffalo employees reacted or didn’t, which created further hostile environment against me.”

IMs. Moshenko hopes that people that have been victims of discrimination at SUNY Buffalo are not alone and should stand up against this. “If people don’t stand up, discrimination will continue to go on at SUNY-Buffalo behind the mask of an educational system that blatantly disregards laws enacted to protect people against discrimination.” Currently there are four other lawsuits for discrimination against State University of New York at Buffalo. Unfortunately other victims of discrimination face the same challenges in acquiring an attorney to represent them, and to pay for it while the people that are alleged to have been the reason for the lawsuit due to discriminatory acts are provided free legal counsel and support through the NY Attorney General’s Office all at taxpayers expense.

In the past, 28 people have filed claims of discrimination for race, religion, gender and disability against SUNY.

There is a big price to pay for anyone that takes on the SUNY system, as Ms. Moshenko has applied for numerous positions at her previous employer, SUNY — Buffalo, but has not been contacted for an interview, despite years of excellent work experience and being well known in the community. She has requested copies of personal records numerous times through FOIL but has had many roadblocks by SUNY in providing this information to her.

It is also important to note that NYS Attorney General’s Office automatically represents employees (defendants) of SUNY who have complaints filed against them for discrimination, costing NYS taxpayers thousands of dollars in litigation fees and settlements. These settlements are quietly agreed to behind closed doors, but take years in courts escalating the costs that the NYS Attorney General’s office charges which NYS taxpayers absorb. For the plaintiff in the case, usually an employee of the State that has been discriminated against, has to find an attorney that is able and willing to represent them against SUNY. Most cases can last between three and five years before settlement is reached and mediation is usually not even attempted. Unfortunately discrimination continues to go on behind the educational walls throughout New York State.

Ms. Moshenko said, “Can you imagine working nearly 20 years at the same office, pleading for help when harassment takes place, loosing your job and then SUNY has their legal army in Albany fighting you — amazing.” Ms. Moshenko believes this battle can be won against the educational giant and discrimination must end in SUNY and taxpayers won’t be paying the bill for discriminatory acts at SUNY.

Monica Moshenko, at 12:10 pm EDT on June 18, 2007