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Student accuses professors of misconduct

Engstrom rules in a discrimination case, other confidential cases await conclusion

Published: Tuesday, November 29, 2011

Updated: Monday, December 5, 2011 11:12


Editor's Note: This is part one of a two-part series exploring why three professors and a graduate student are embroiled in a string of University court cases and the problems they've found with how UM evaluates discrimination, threats to campus safety and allegations of misconduct.

Not long after graduate student Wayne Moore complained about a teacher, he found himself blocked from taking classes and his behavior the subject of a campus inquiry into whether he was a threat to himself or others on campus.

He thinks the events were connected. Administrators disagree, but it led to a tangle of University court cases alleging discrimination, retaliation, abuse of power and negligence.

Although it's not all over, President Royce Engstrom ruled Monday that Moore's claims of discrimination because he's an older white male were unfounded — even after a University committee found just the opposite and adamantly urged Engstrom to act. Moore said he is currently considering appealing the decision to  the Board of Regents.

Several related confidential cases remain unsettled. Those cases are evaluating whether the professors violated University policy by retaliating against the student after he filed a complaint against one of them.

Professors Katie Kane, Heather Bruce and Louise Economides say they discovered a pattern of "odd" and "aggressive" behavior from  Moore that worried them and made some of their students feel threatened.

The English department chair Jill Bergman asked administrators to evaluate Moore because of alleged bizarre and troublesome behavior, as well as his  diligent pursuit of a complaint that Kane was unprofessional, which Bergman wrote seemed "out of proportion with the situation," according to the form she filed.

Moore defends his right to complain about a professor and says they maliciously teamed up to retaliate against him by alleging he was a threat to campus safety.

They can't reach a consensus about what happened or who was at fault, but everyone agrees the University of Montana needs to change how it handles student-faculty conflicts.

The professors say the process too heavily favors the student, violates their right to due process and exacerbates conflicts rather than solving them because it's so slow.

Moore says the process allows faculty and administration to ignore students' concerns, doesn't have checks against abuse of power and reduces what could be a fruitful investigation to he-said-she-said arguments that get nowhere.

In this two-part series, the Kaimin will look at how this case got this far and the reasons everyone involved finds fault with the process.

After moving west from Ohio to Whitefish, Mont., where he taught snowboarding for a year, Moore came to UM in the fall of 2008 to pursue a graduate degree. The 45-year-old already had a degree from Ohio University in English literature, but started out his graduate experience without a program in mind.

With hopes of becoming an adjunct professor in English at a small college or university, he entered the Masters in Teaching English program in the spring of 2009.

He was awarded a teaching assistantship from the department and taught an introductory writing class the next two semesters. Today, Moore continues to work at the Writing Center, where he's been employed for more than a year, while he waits to re-enter the graduate English program. He delayed his studies because of the disputes that cascaded from his complaint last fall about Kane's lack of professionalism.

Moore was a student in Kane's literature seminar on cultural studies and by the end of the semester, he wanted a refund for the class.

In the discrimination investigation by UM's equal opportunity officer, Moore complained Kane was late for class on multiple occasions, disorganized and didn't keep to her schedule of appointments.

Rachel Caldwell, another student in the class, also took issue with Kane's teaching. Caldwell wrote in a letter supporting Moore's complaint that Kane was often late to class and didn't have a lesson plan when she arrived. Caldwell wrote Kane often started classes with questions like "What would you like to do today?"

"I think Katie (Kane) is a good person and I think she does care about students and her job." Caldwell wrote. "But she is in need of some oversight and restrictions. She is failing to educate and help students because she is not making teaching or planning a priority."

In the hearing for the complaint Moore eventually filed against her, Kane acknowledges she was late three times during the semester, her written testimony shows. All three times, Kane said she was under the impression the class started at 4:10 rather than 3:10, resulting in her being five to 20 minutes late to class. She wrote a student came to her office to get her each of the three times, and she apologized for her lateness.

"I was not after those three unfortunate, embarrassing, and unprofessional failures to be on time, ever again late for the start of class," she wrote in her claims.

Kane's list of claims also shows she had consistently high evaluations and won multiple awards and fellowships for her work as an associate professor and director of Irish studies. Her studies focus on ethnic and third-world literature and culture, critical theory, and Irish and Native American history and culture.

On the last day the class met, Moore's frustration with Kane came to a head.

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5 comments Log in to Comment

Bartholomew Kane
Thu Dec 1 2011 17:25
The investigation of these three professors for discrimination based upon a "retaliatory" CIRT that they did not initiate and that they did not ask to be initiated is administratively and legally problematic.

From the time-line in the article, it is clear that Dr. Kane did not ask for the CIRT to be initiated. Dr. Bruce did not ask for the CIRT to be initiated. Dr. Economides did not ask for the CIRT to be initiated. The CIRT was initiated by the chairperson of the Department of English, Dr. Jill Bergman, out of her concern for the well-being of Mr. Moore and the university community. Dr. Bergman used her judgment and weighed advice from the Dean of Student affairs, Dr. Charles Couture before she made this decision. This was not a decision made by Dr. Kane. It was not a decision made by Dr. Bruce. It was not a decision made by Dr. Economides.

One can ask if Dr. Jill Bergman made the right decision in initiating the CIRT. Based on the ensuing events, one can certainly question the functionality of the CIRT process at the University of Montana. But, the prosecution of University employees for expressing their concerns regarding a student or coworker will directly lead to an unsafe working environment and a clear violation of labor laws. From a practical and legal standpoint, attempting to prosecute these professors for the initiation of a CIRT filed by their supervisor will ultimately be unproductive. It appears as though the legal council for the University, Dr. David Aronofsky has not provided adequate guidance for this process. A modicum of labor law experience demonstrates that the current process is moving in a direction orthogonal to legal precedence.

The University can continue the tactic of Brownian motion regarding this process. Or it can choose to do the right thing. Clear the three professors of discrimination charges. Reinstate Mr. Moore as a student and supported him as he completes his education. The University administration then needs to apologize to all four parties for the anguish the dysfunctional CIRT process has placed them through. The CIRT process needs to be intensively and longitudinally evaluated by a team of trained professionals from outside of the University of Montana system. Recommendations on how to fix the process need to be made and instituted to dramatically improve the CIRT process.

Lafornarina
Thu Dec 1 2011 17:04
I took Katie Kane's Cultural Studies class in Autumn 2002. It was the final course I needed to finish my English degree and I remember being very sad that I had not taken a class with her before then. I learned a great deal from her, and I still consider that class to be one of the best I have ever taken. This is no empty compliment, as I later returned to school for a second BA, an MA and am now currently in a PhD program. I've taken many classes from many exceptional instructors and have a wide sampling from which to choose "the best." I still fondly think of Katie as one of a handful of people who have drastically changed the way I see the world--for the better. For me, she has been a teacher, a mentor, a friend and an inspiration. Moore's accusations are completely at odds with everything I know and have experienced of Katie Kane's character, both as an instructor and as a person.

Sometimes, when an individual has a problem with many people, it's not the others who are the problem.

glacierkate
Wed Nov 30 2011 19:15
Although I have graduated from the English teaching program, I still feel obliged to respond to this article. I have been in several classes with Wayne, and even shared an office with him for one year during our Teaching Assistantship. I have never felt physically or verbally threatened by him. Although we don't share the same perspective on many issues, I realize that is very often the case in graduate school. Students disagree. Once again, in two years, I never felt threatened. I do hope Wayne can move on and move forward from this experience.
KaiminEditor
Wed Nov 30 2011 13:56
Thanks for your comment, Jenny. I encourage you to also submit a letter to the editor to opinion@montanakaimin.com.

We did want to clarify, however, that the discrimination grievance hearing was an open, public meeting as outlined by University policy. Because of that, the documents submitted to that hearing are a matter of public record. If you have any other questions or concerns don't hesitate to contact us at editor@montanakaimin.com.

JennyH406
Wed Nov 30 2011 13:00
I'm a graduate student who recently completed the Master's of English Teaching program this summer and spent nearly four semesters with Wayne. In all of my courses, each professor in the English department acted nothing short of a compassionate, patient and competent professional when Wayne elected to participate in an aggressive manner. Katie Kane and Heather Bruce are faculty members the University of Montana is lucky to have. As a graduate student who observed Wayne and participated in the discrimination defense- I'm upset that what we were told to be confidential, is now printed for the 15,000 student body, staff and faculty to read. It might be telling that all of Wayne's fellow students in the program have graduated and moved on while he's still pointing fingers, angry at the world. Wayne should take a hint from the title of our first class together - PEACEbuilding rhetoric. - Jenny Harris

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