The Register

A
Special Edition: Friday, June 29, 2001
HEADLINES: FSU Releases Private Information from Student's Medical Record, Intimidation tactics used

Also: FSU, a great school in many ways, in two separate cases, commits labor violations in gender and aged-based labor discriminations; in another two separate cases, refuses to honor salary and buyout contracts. Intimidation and slander used in two of four cases. Approximately 35 State University faculty receive age-based discrimination.

http://www.gatorcountry.org/manuel/newsarchives/Apr04-99.html

FSU settles with former women's basketball coach Marynell Meadors will get $74,500 from the school as settlement of the lawsuit she filed in 1996. By Steve Ellis DEMOCRAT STAFF WRITER The Marynell Meadors saga is over for Florida State. Meadors has reached a settlement in her case against FSU and the people she blamed for her termination as women's basketball coach three years ago. Meadors, now coach of the WNBA's Charlotte Sting, , received $74,500 following mediation last Thursday. She filed a lawsuit in Leon County Circuit Court in July 1996 charging that four people, including former FSU athletics director Bob Goin and former associate athletics director Janice Stocker, acted to "destroy (her) reputation as a successful head basketball coach." Her complaint also charged that FSU breached its contract obligation and violated the Fair Labor Standards Act by paying her less than men's basketball coach Pat Kennedy, who was making $34,000 more than Meadors at the time of her departure.

http://library.northernlight.com/BM19990105010053411.html?cb=0&sc=0#doc

Title: FSU loses lawsuit to professor Summary: TALLAHASSEE -- Eight years ago, Florida State University professor Glenn Parker turned down a lucrative job offer from a Texas university based on a written promise that FSU would match the money. But the money never came, and Parker took his employer to court. Source: The Florida Times-Union Date: 12/31/1998

http://www.seattletimes.com/extra/browse/html97/altgobr_052197.html

The Seattle Times - Today's Top Stories Sports News Copyright © 1997 The Seattle Times Company Wednesday, May 21, 1997 FSU pushes case to sue Gobrecht by Mark Fitzhenry Tallahassee Democrat TALLAHASSEE, Fla. - Florida State is asking the state Board of Regents for permission to sue former FSU women's basketball coach Chris Gobrecht. On Friday, FSU should receive that permission. The issue is on the agenda of Friday's Board of Regents meeting in Sarasota, and board member Steve Uhlfelder - an attorney with Holland & Knight in Tallahassee - said he expects the board to back FSU. FSU is seeking more than $380,000 from Gobrecht, who this month resigned one year into a five-year contract to accept a coaching position at USC, her alma mater. Her contract with FSU stipulates that Gobrecht would be responsible for her base salary of each remaining year if she left early to coach another team. Gobrecht's stance is that she does not owe the university any money because she gave 60 days' notice. The contract says Gobrecht could leave on 60 days' notice "subject to subsection II.B" - i.e., the buyout clause. "It seems clear FSU has the contract language on its side," Uhlfelder said. "It's my position that we should support FSU to obtain all the funds they are due for her early departure. . . . "I'm going to support them and I'm confident the board will be supportive of the ability to file the suit."

http://www.fsu.edu/~uffinfo/supreme.htm

UFF-Backed Faculty Market-Equity Lawsuit Accepted by the U.S. Supreme Court The U.S. Supreme Court announced on January 25, 1999 that it would decide whether FSU faculty could sue the State for age discrimination, based on the Age Discrimination in Employment Act (ADEA). The Court said that [FSU Physics Professor Dan] Kimel vs. State of Florida Board of Regents, #98-791, will appear on its March or April calendar. Briefs will be filed this Spring and argument will be held some time in the Fall, after October 1, 1999. The case is being funded for the United Faculty of Florida by the National Education association and its Florida affiliate, the Florida Teaching Profession-NEA, on behalf of approximately 35 faculty members at Florida State University and Florida International University, the two universities of the SUS which did not continue the Market-Equity raises rescinded by the legislature in 1992.

MAIN STORY

F SU has, according to four witnesses, released private information of one FSU student to other FSU students who, as members of FSU's student senate, advocated on behalf of the student concerning a grade appeal he had felt treated him unfairly.

Three of the four witnesses attest that FSU administrators released information regarding FSU student Gordon Watts' visit to a mental health facility. FSU administrators obtained copies of this information after Mr. Watts gave the University Police Department these documents as an act of good faith when, in the course of the grade appeal, charges were brought up against Mr. Watts concerning his behavior. Watts' intent was to show that he had been found to be in good mental health after an incident involving a Hillsborough Sheriff Deputy who was later forced to resign on unrelated petty theft charges.

Former FSU Student Senate President Russell "Rusty" Hellein was the sole witness who did not recall the alleged release of Watts' private medical records. Hellein, however, in a taped interview around late 1998, disclosed that FSU administrators had told him that Watts had made harassing telephone calls to FSU's Westcott officials concerning Watts' request for assistance regarding his appeal. Watts denied these charges. Even if true, such disclosure of confidential record is a possible violation of FSU professional regulations, and, if false, a violation of related State slander laws. FSU Student and former student senator, Darrell K. Henry, in a separate interview conducted by The Register confirms Hellein's claims about the possible slander of Watts. A third witness, who was not able to be located, according to Watts, told him additional confirming statements.

Watts, when interviewed by The Register claimed that when he had asked former student senator Roxanne Siko why FSU student senators had wavered in their support of his case, another unidentified student senator present then, spoke up and said it was (paraphrase) "because you have made harassing phone calls to [FSU Assistant Dean-of-Faculties] Angela Lupo-Anderson." She also added to the effect "have you been taking your medication," which led Watts to believe statements made by Henry that FSU administrators had told student senators investigating his case that he had been to a mental health facility. This allegation, supported by three of the four witnesses, is a violation of State Law in effect in 1998 when the alleged violation occurred. The Statute, (Ch. 119 Sec. 07 (3) (cc) 1.), states, "3(cc)1. Medical history records, …furnished by an individual to any agency pursuant to federal, state, or local housing assistance programs are confidential and exempt from the provisions of subsection (1) and s. 24(a), Art. I of the State Constitution." Mr. Watts' delivery of these records to University Police constitutes "housing assistance" because, according to Mr. Watts, "…I believed that there was real and tangible probability that I might get kicked off campus housing or out of the school if these false charges weren't refuted." Subsection (1), to which this exemption applies, states, "(1) It is the policy of this state that all state, county, and municipal records shall be open for personal inspection by any person."

Henry contends that a release affidavit given by Watts to FSU officials, allows these items to be released to the student senators, who Watts had asked to investigate his case. However, this is prohibited by State Law (Ch. 119 Sec. 07 2. (l) 1.), which states, "(l)1. A public record which was…, or which was prepared in anticipation of…imminent adversarial administrative proceedings, is exempt from the provisions of subsection (1) and s. 24(a), Art. I of the State Constitution until the conclusion of the litigation or adversarial administrative proceedings." Mr. Watts, in anticipation of these proceedings, gave mental medical records to University Police to clarify certain issues, and, according to him, "…I only thought that my academic records would be released to the student senators who I had asked to represent me in this matter." The applicability of his affidavit in the release of his private medical records, according to Watts, "…would be like saying, 'If I signed a release form, then that would give someone the right to kill or injure me. Of course, no one may waive those rights!'" Henry, who admitted in his interview to lying to Lupo-Anderson who investigated Watts' charges, justified his actions by claims that Watts' case was not properly put together.

After Watts heard the unidentified student senator make remarks about "medication," he claims, "it wasn't a direct admission, but it was admission enough, as if, say, someone had started cracking Monica Lewinski jokes and cigar jokes before the President's scandal broke out, then it would be clear that they knew something of it."

The fourth witness to the release of private records allegation, after Henry and the unidentified senator, was, surprisingly, The Florida State University, itself. While only character witness is involved here, it is clear to The Register that the pattern of behavior shown by the four introduction stories in section A and other stories in recent press indicate a mindset which testifies clearly against FSU Administrators. Even one witness is needed in cases, for example, rape. This case is not even as serious, yet it has four witnesses from a variety of viewpoints. The Register's viewpoint is that the actions of FSU officials, in breaking the law in the lead stories mentioned, are worth a thousand words, namely, "we are guilty in some of these cases." In addition to that character reference, Mr. Watts asked that four other incidents be printed to support his claims that these actions more than likely did occur. First, according to documentation submitted to The Register, FSU Provost Lawrence G. "Larry" Abele, in his response to Watts' grade appeal, ruled against him and also made referrals for Mr. Watts to obtain psychiatric counseling. This, according to a Register reporter's recall, also happened in another case. Dr. Glenn Parker, mentioned in the second lead story, was allegedly also told by Abele to seek psychiatric help after he had asked for a transferal from former Social Science dean, Charles Cnudde, based on fears of retaliation. Dr. Abele's behavior here, thus, seems to be patternistic. Abele has never met with Watts and has only spoken briefly with him once after the "referral" above. Additionally, after meeting with the Student Academic Relation Committee chair, Dr. Kathryn Anderson-Lazier, only once briefly to give her some documentation and, according to Watts, "to show common in-person courtesy," she wrote memos that his behavior was threatening and intimidating in tone and posture, or to that effect, to both herself and others with whom Watts had interacted. The third point Watts requested be listed was the fact that, during one of his two grade appeals, Philosophy professor, Dr. David Gruender, who chaired that committee, refused to allow Watts a cross-examination of one of the witnesses present. Teaching assistant, Elizabeth Kaegi, who had taken over the class in question when Professor Stephen Orr left in mid-semester, allegedly told Watts that a more harsh grading scale had been used than was listed on the syllabus. When Watts asked to cross-examine her, Gruender allegedly told him to be quiet. The fourth point Watts requested we mention was comments made by students in his other appeal.

The appeal, to which Watts did not receive an invitation until after it had convened, had claimed that Watts agreed with the teaching assistant's grading math. Watts claims that this statement was ridiculous. Also, the appeal claimed that a 2.75 was needed to obtain a "B-" in the music class in question. Watts says that this is ridiculous also because it is just the opposite: A "B-" is needed to obtain a 2.75. If their claim were so, says Watts, then you would need to ace every test and get a 4.0 just to get an "A" grade, which of course, is highly unreasonable. When Watts complained that he received his invitation late, an appeal was rescheduled outside of the accepted time window, which according to Register investigation would normally end the appeal in favor of the student. After the hearing, the students chairing the committee upheld their claims, including the claim that Watts agreed with the ta's grading math. The Register says, "Hmmm…" One last point: FSU administrators had said that Watts' posting of his mental records on his website made it all right for them to release this information. That is not correct: The persons visiting Watts' site were a select group of friends who, after reading his account of events, could be educated on the facts. Releasing damaging libel or slander to total strangers unfamiliar with the particulars is defamation in character, and both illegal and wrong. Enough said.

Conclusions: A personal view
Mr. Watts expressed extreme displeasure in performing this interview with The Register for three reasons. First, in Watts' over four years as a student at FSU, he reports that his treatment by teachers, fellow students, teaching assistants, and administration officials has, on the balance, be overall very good. On numerous occasions, Watts reports, a question about the way a test or quiz was graded received a fair and impartial consideration by the professor or teaching assistant. Additionally, several requests to withdraw from classes or extend deadlines based on extenuating circumstances were treated favorably. Further, Gordon is grateful at the 10 Megabyte of disk space that FSU offers to all students, faculty, and staff to create a web site and use email. The 24-hour computer lab is state of the art and staff are always willing to help you with your problems." Yet "it just takes once," as the saying goes. Or, to update it: "Just one bull in a China shop is all it take," and we think that there are several. Gordon states boldly, "I don't really want to see this ever happen to another student, faculty, or staff, but especially students, who by virtue of their low rank and weak finances, are much more vulnerable to distraction that those above them. The higher ups have more ability to extend a helping hand, so more is expected of them."

Secondly, besides feeling remorse at the bad name that a few troublemakers give the majority of caring and concerned Seminoles, Gordon Watts is also very busy with his studies. At that time, Gordon was a senior and double major with a current GPA of 3.43. Gordon expressed concern that he might not be able to pull his GPA up to a 3.5, the lowest "honor" GPA by his expected graduation date of that summer, partly because of these distractions, which he feels were mostly not his fault. Gordon, a recent gradaute with his B.S. in Biological Science and Chemical Science, hopes to study human limb and tissue regeneration, which he says has been documented to occur in humans under certain circumstances. This research, which is documented on his website http://garnet.acns.fsu.edu/~gww1210, shows that limb regeneration in humans has been easily duplicated when, among other special circumstances, only a small portion of the limb has been cut off. He also studies factors that make some potential marriages more stable. According to Gordon, the research shows that similarities are crucial because, among other things, the personalities are less likely to clash and the woman is less likely to develop an immune reaction to her child's potentially different blood type. Dating services, Gordon says, use the "things in common" approach, because, although it is not as popular as the "opposites attract" method, is, according to many studies done, a more successful regime. Also a member of the Golden Key National Honor Society, Gordon hopes to not tarnish the name of his "lifelong" organization. As Gordon puts it, "I don't want to cause trouble for the few FSU administrators who have acted irresponsibly, because, after all, we are academic and campus neighbors. And, in some cases, the offending parties may have had extenuating circumstances themselves."

Lastly, Gordon is the Editor-in-Chief of The Register, which apparent to all creates a conflict of interest in our ability to fairly report the story as it is and avoid the natural tendency for bias. Let it be said that The Register values truth in reporting and its fine reputation for accuracy too much than any intentional misreporting or misleading would occur. Follow below on our editorial concerning one of the methods we use to obtain evidence. While some may tell Gordon to "get on with his life" and ignore this defamation of character, slander, and libel, Gordon argues that these false allegations tarnish his name and hinder his plans to get a job at any place, such as the Florida Department of Law Enforcement. The FDLE, with its DNA crime lab, is legendary for its month-long background checks, which would turn up these slanderous statements by a vindictive University.

Editorial
The Register had to conduct two interviews for these stories. The first, with Russ Hellein, was conducted in Senate Chambers roughly two and a half years ago. In the tape, I, Editor Gordon Watts, was the reporter assigned to cover that story. In the interview, I announced my intention to interview Russ, and bystanders objected that taping in a public meeting was illegal. The Law in effect at that time was 1998 Florida Statutes, 934.02 (2), which states, "934.02 Definitions.--As used in this chapter: …(2) Oral communication" means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation and does not mean any public oral communication uttered at a public meeting or any electronic communication." This says that, unless there was an expectation that they would be taped, such "communication" was not subject to interception. Clearly, when I informed the group that I was press and was taping, there was expectation.

In the second interview, I questioned Darrell in the public lobby of FSU Rogers Hall (dormitory) while an unnamed Register reporter was considering videotaping the surroundings in the same public manner as motorist Rodney King was taped in public by a fellow citizen. After this reporter determined that he/she did not have access to a video camera, it was decided that, as in King's case, any person in public should have the expectation of being video taped, and that, through greater reasoning, even more likely to be taped with an audio tape recorder. Thus, the decision was made to proceed. Taping in that manner before the Rodney King incident might have constituted a violation of the above-cited "expectation" statute, but, unless Darrell were very dense, he could not make a valid claim that this was a violation. In fact, on many occasions, former roommate, Gregory Munar, has "secretly" taped me myself, for example, but I made no complaint about it because I knew that this was possible. Telephone taping, however, is not covered by this law, as USA Maryland resident Linda Tripp has discovered in a violation of a Maryland State law, which apparently, is similar to Florida State Law.

Legal Statement

The Register was graciously appreciative for the contribution of the major news media. While the legal staff on this on-a-shoestring newspaper is not the largest, it is believed that the usage of these articles in their abbreviated but accurate quotation was permitted by the relevant State, Federal, and (yes! even) International Law. To that end, The Register cites the laws as they apply:

LEGAL NOTICE for The Register There are no trademarks, except where indicated. I give permission to print out and copy any material you desire off my site. Additionally, FLORIDA STATUTES, Section 559.9335 (18) only prohibits promotion, advertising, or solicitation using a trademark, not private or educational use. US CODE TITLE 15, Chapter 22, (a)(1)(A) doesn't have a problem with nonprofit use such as this -- it only prohibits the use of others' trademarks in commerce type activities. Also, FLORIDA STATUTES, Section 233.25 (10) and US CODE TITLE 17, Chapter 1, Section 107 allow use of copyrighted material for fair use. Moreover, the international Copyright Act governing over 100 countries, allows "fair dealing," defined in the Act as copying works "for the purposes of private study, research criticism, review or newspaper summary". Don't forget the First Amendment, which protects: 1. Speech; 2. Press; 3. Assembly; 4. Redress; and, 5. Religion. Translation: it looks safe to copy anything for these purposes, but I disclaim being a lawyer.
--Gordon W. Watts, editor

Statement of Press Release: It is hoped that FSU officials who control the website's server, "garnet", will take no retaliatory actions against either Mr. Watts or the online or print versions of The Register. The online version is viewed by over 3,000 worldwide and is, as protected under the First Amendment, currently highly rated in many search engines on the web.
"Better than the New York Times and Tallahassee Democrat combined" Visit us online:
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Editor-in-Chief: Gordon W. Watts

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