Nona Gerard figured she'd be fired from her position as theater professor at Penn State University's Altoona Campus.
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She didn't believe her hearing before the tenure committee was fair and so she didn't think its decision would be fair, either. She did, however, expect the courtesy of finishing up the semester and seeing her 20 students through their spring production of "One Flew Over the Cuckoo's Nest."
Instead, she got a letter of dismissal yesterday from university President Graham Spanier, effective immediately.
Altoona campus CEO and Dean William Cale gave Gerard until 5 p.m. tomorrow to clean out her office and turn in her keys. She didn't wait around. With the help of some of her students, she was out by yesterday afternoon.
Some of Gerard's students, after learning that she would not be permitted to direct the play, indicated last night that they may pull out of the production.
Last August, Cale filed written allegations against Gerard, saying she failed to perform her job duties by not supporting the Altoona campus Integrative Arts degree, and that she had committed grave misconduct by writing derogatory e-mails that created a hostile work environment for other faculty members.
Gerard's attorney argued to the panel that the e-mails were a protected form of free speech and represented her right to academic freedom.
In an e-mail to the co-coordinator of the Integrative Arts program, Gerard referred to a dance professor in her department as "talentless" and said she was "as cold as a dead fish and her work is equally as stagnant."
In January, the Standing Joint Committee on Tenure hosted a hearing on the matter. In the panel's decision, released about 10 days ago, the committee found unanimously that the university had not proved Gerard failed to perform. They did find, though, that she had committed grave misconduct.
By a vote of 3-2, they recommended that she be terminated. Gerard, who was a tenured professor, has taught at the Altoona campus for 16 years.
"I'm most disappointed there was no regard for Penn State students in this process," Gerard said yesterday. "I haven't committed a crime. I'm not disrupting the campus. Just let me finish."
Spanier was out of the country on business yesterday and could not be reached for comment. Cale said he could not discuss the matter because it's a personnel issue.
Jim Lieber, the attorney who represented Gerard in the closed hearing, called the decision "regrettable" and said he doesn't believe Spanier reviewed any evidence in the case.
Lieber also claims his client was denied due process in the university hearing. Her time to present evidence was limited; she had no subpoena power; and one panel member complained openly about the length of the hearing. All those combined to make a fair hearing impossible, Lieber said.
"I think she got a kangaroo court in a closed room," Lieber said.
Gerard claimed she was targeted by the Altoona administration for speaking out against bad hiring decisions, a lack of resources on campus and because she directed a play, "Sexual Perversity in Chicago," that apparently upset a large donor to the branch campus.
"I hold my head high," Gerard said. "I've done nothing wrong."
An openly gay woman, she said she will file a federal lawsuit against the university alleging discrimination, wrongful termination and First Amendment violations.
Yesterday afternoon, Cale said he had found another professor on campus to take over the play's production, and other faculty would take over Gerard's two traditional classes.
But that's not good enough for some of Gerard's students. Last night, the play's cast and crew debated over pulling out of the play altogether.
"It's pretty apparent to me the school wasn't thinking about the students or education at all," said sophomore Amanda Clayton.
The students, about 20 of them between the play's cast and crew, were looking forward to the production.
But by firing Gerard in the middle of the semester, the administration threw the play into turmoil, Clayton said. There are only two weeks of rehearsals left before opening night, and because all of the planning and design of the play are Gerard's intellectual property, the new director cannot use them.
The cast wants to decide whether to proceed or not as a group, Clayton said. They had not reached a decision last night."It feels like they didn't even consider what would happen to her classes or us," Clayton said.
She and other students wrote letters of support and tried to speak with Spanier before he made his decision, Clayton said, but he would not meet with them.
Vice president for university relations Steve MacCarthy said Spanier reviewed evidence from Gerard's hearing and met with the university provost and Cale before making his decision.
"I think the case stands for itself," MacCarthy said. "He took in the entire scope of material presented in the case. In the end, he agreed with the decision of the committee."
Altoona's theater students plan to host a rally to protest the firing at 3 p.m. today outside of the Smith Building on campus.
"As long as they're well-behaved, we'll be happy to let them," Cale said.