- Rationale

Introduction

"We expect our professors to criticize each other, to debate, to question authority...the actions themselves fall under the realm of educational employment in a university setting...the actions themselves, the actions of criticizing, debating, and questioning authority do serve a legitimate purpose...". [Zeke Wiedenfeld, Court Commissioner, Walworth County Circuit Court]

The purpose of this site is to provide all of the documentation associated with all disciplinary hearings, and to provide access to these to the hearing panel and counsel.

The documents, audio and commentary contained in this site are all a matter of public record.

- Statutes

Exhibit 293 - Introduction

Statutes Relevant to My Case
Commentary:

The statutes below are all available online. I have included them here because they are all referenced somewhere in one or more of my communications. None of these statutes has any relevant exceptions.

- Disclaimer: I am not an attorney, but I can read the language of the statutes. The conduct of certain individuals has clearly violated the language of those statutes.

Exhibit 361 - Wis. Stat. 227.57(8)

Judicial Review
Commentary:

"The court shall reverse or remand the case to the agency if it finds that the agency's exercise of discretion is outside the range of discretion delegated to the agency by law; is inconsistent with an agency rule, an officially stated agency policy or a prior agency practice, if deviation therefrom is not explained to the satisfaction of the court by the agency; or is otherwise in violation of a constitutional or statutory provision; but the court shall not substitute its judgment for that of the agency on an issue of discretion."

- You must follow your own administrative rules, especially those which were duly approved by the Board of Regents.

Exhibit 360 - Wis. Stat. 947.013

Harassment
Commentary:

This term has been used repeatedly without definition at the campus level. "(1m) Whoever, with intent to harass or intimidate another person, does any of the following is subject to a Class B forfeiture: ...(b) Engages in a course of conduct or repeatedly commits acts which harass or intimidate the person and which serve no legitimate purpose."

- Is there anything in my communications or actions that "serves no legitimate purpose"? The Circuit Court of Walworth County said there is not.

Exhibit 294 - Wis. Stat 19.84(5)

Public Notice
Commentary:

"Departments and their subunits in any University of Wisconsin System institution or campus are exempt from the requirements of subs. (1) to (4) but shall provide meeting notice which is reasonably likely to apprise interested persons, and news media who have filed written requests for such notice."

- The inclusion of "departments" in this exemption demonstrates that academic departments are considered "governmental bodies" under the statute. I made this request of Marketing and Media Relations and have received no notifications whatsoever.

Exhibit 288 - Wis. Stat. 19.89

Exclusion of Members
Commentary:

"No duly elected or appointed member of a governmental body may be excluded from any meeting of such body. Unless the rules of a governmental body provide to the contrary, no member of the body may be excluded from any meeting of a subunit of that governmental body."

- A member of an academic department cannot be excluded from meetings of that department, or meetings of any committee within that department. Can you imagine if any faculty member can simply be excluded from department meetings because a handful of individuals don't like what they have to say....?

Exhibit 289 - Wis. Stat. 19.90

Use of Equipment in Open Session
Commentary:

"Whenever a governmental body holds a meeting in open session, the body shall make a reasonable effort to accommodate any person desiring to record, film or photograph the meeting. This section does not permit recording, filming or photographing such a meeting in a manner that interferes with the conduct of the meeting or the rights of the participants."

- Recording of public meetings is legal. Because Wisconsin is has a one-party consent law, recordings can be public or clandestine, as long as the party doing the recording is a party to the meeting.

Exhibit 290 - Wis. Stat. 943.30(1)

Threats to Injure or Accuse of Crime
Commentary:

"Whoever, either verbally or by any written or printed communication, maliciously threatens to accuse or accuses another of any crime or offense, or threatens or commits any injury to the person, property, business, profession, calling or trade, or the profits and income of any business, profession, calling or trade of another, with intent thereby to extort money or any pecuniary advantage whatever, or with intent to compel the person so threatened to do any act against the person's will or omit to do any lawful act, is guilty of a Class H felony."

Exhibit 291 - Wis. Stat. 943.30(1)

Threats to Injure or Accuse of Crime (simplified)
Commentary:

"Whoever, either verbally or by any written or printed communication, maliciously threatens ... any injury to the ... profession, calling or trade, or the ... income of any business, profession, calling or trade of another, with intent thereby to ... compel the person so threatened to ... omit to do any lawful act, is guilty of a Class H felony."

- In other words, you cannot threaten someone's job in order to compel them to stop doing something that is legal, like recording open and public meetings, or attending open and public meetings as either a taxpayer or as a member of that government body. These cannot be conditions of employment.

Exhibit 320 - Wis. Stat. 946.32(1)(a)

False Swearing
Commentary:

"Whoever does either of the following is guilty of a Class H felony: Under oath or affirmation or upon signing a statement pursuant to s. 887.015 makes or subscribes a false statement which he or she does not believe is true, when such oath, affirmation, or statement is authorized or required by law or is required by any public officer or governmental agency as a prerequisite to such officer or agency taking some official action."

- So if you are untruthful on a petition for a temporary restraining order, this law would apply.

Exhibit 292 - Wis. Stat. 19.36(10)(b)

Limitation on Access and Withholding [of Records]
Commentary:

"Employee personnel records. Unless access is specifically authorized or required by statute, an authority shall not provide access under s. 19.35 (1) to records containing the following information, except to an employee or the employee's representative to the extent required under s. 103.13 or to a recognized or certified collective bargaining representative to the extent required to fulfill a duty to bargain under ch. 111 or pursuant to a collective bargaining agreement under ch. 111: ... (b) Information relating to the current investigation of a possible criminal offense or possible misconduct connected with employment by an employee prior to disposition of the investigation."

- "This exception codifies common law standards and continues the tradition of keeping records related to misconduct investigations closed while those investigations are ongoing, but providing public oversight over the investigations after they have concluded." (Wisconsin Public Records Law Compliance Guide, pg. 23) So you can't tell faculty they have no right to know the disposition of adjudicated complaints and grievances because they do.

Exhibit 364 - Wis. Stat. 943.20(1)(a)

Theft
Commentary:

"Whoever does any of the following may be penalized as provided in sub. (3):... Intentionally takes and carries away, uses, transfers, conceals, or retains possession of movable property of another without the other's consent and with intent to deprive the owner permanently of possession of such property."

- So if you take someone's papers and refuse to return them, that would be theft.

Exhibit 407 - Wis. Stat. 940.42

Intimidation of Witnesses
Commentary:

"Intimidation of witnesses; misdemeanor. Except as provided in s. 940.43, whoever knowingly and maliciously prevents or dissuades, or who attempts to so prevent or dissuade any witness from attending or giving testimony at any trial, proceeding or inquiry authorized by law, is guilty of a Class A misdemeanor." The related statute 940.41(1r) defines "malice or maliciously" as "intent to vex, annoy or injure in any way another person or to thwart or interfere in any manner with the orderly administration of justice."

- From this it seems that if someone deliberately blocks access to someone else's witnesses, by deliberately blocking their only avenue of communication with them, that would constitute "malicious prevention" from "attending and giving testimony", and an attempt to "thwart or interfere" with "the orderly administration of justice".

Exhibit 409 - UWS 4.05(1)(h) and Wis. Stat. 227.45(1) to (4)

Adequate Due Process
Commentary:

"(1) A fair hearing for a faculty member whose dismissal is sought under s. UWS 4.01 shall include the following: ... (h) Admissibility of evidence governed by s. 227.45 (1) to (4), Stats." and "The agency or hearing examiner shall admit all testimony having reasonable probative value,...".

- This means I can provide that evidence in any form, and at any time prior to the hearing, AND, no time limits, as time limits would necessarily constrain the admission of "all testimony".

Exhibit 466 - Wis. Stat. 100.18(1)

Fraudulent Representation
Commentary:

"No person, firm, corporation or association, or agent or employee thereof, with intent to sell, distribute, increase the consumption of or in any wise dispose of any real estate, merchandise, securities, employment, service, or anything offered by such person, firm, corporation or association, or agent or employee thereof, directly or indirectly, to the public for sale, hire, use or other distribution, or with intent to induce the public in any manner to enter into any contract or obligation relating to the purchase, sale, hire, use or lease of any real estate, merchandise, securities, employment or service, shall make, publish, disseminate, circulate, or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in this state, in a newspaper, magazine or other publication, or in the form of a book, notice, handbill, poster, bill, circular, pamphlet, letter, sign, placard, card, label, or over any radio or television station, or in any other way similar or dissimilar to the foregoing, an advertisement, announcement, statement or representation of any kind to the public relating to such purchase, sale, hire, use or lease of such real estate, merchandise, securities, service or employment or to the terms or conditions thereof, which advertisement, announcement, statement or representation contains any assertion, representation or statement of fact which is untrue, deceptive or misleading."

- So if you say it takes four years and 120 or 125 credits to graduate with a degree from the University of Wisconsin-Whitewater, and then make it almost impossible to do so, that would be fraud.

Exhibit 408 - Conclusions

Reality Check
Commentary:

The fact that one can so easily tie the conduct of so many members of the administration and the faculty to so many felony and misdemeanor statutes - convincingly - is certainly troubling.

- Contents

Statutes
Laws Relevant to the Case

Indemnification
Promises, promises...

Issues
Issues Raised in My Communications and their Disposition

Directives
Improper or Illegal Directives Issued by the Admniistration

Accreditation and Audit and Review
Falsifications and Omissions

All My Communications
All my emails that have been included as exhibits in complaints against me, in one place.

Procedural Violations
The impressive history of procedural violations relative to the Faculty Personnel Rules.

Reviews
Absence of, and exclusion from, personnel reviews.

Transparency
Multiple individuals citing "personnel privacy" as an excuse not to address the issues.

Teri Frame
Why Frame is Not Credible

Mike Flanagan
Why Flanagan is Not Credible

Max White
Why White is Not Credible

Deborah Wilk
Why Wilk is Not Credible

Sue Messer
Why Messer is Not Credible

Renee Melton
Why Melton is Not Credible

Greg Cook
Why Cook is Not Credible

Shannon Bradbury
Why Bradbury is Not Credible

Barb Grubel
Why Grubel is Not Credible

Back to Complaints
Link to the Complaint Documentation