An Open Letter to the Students, Faculty and Staff
of Macomb Community College, and to the
Citizens of Macomb County:

Attorneys for Macomb Community College have filed an appeal in the United States Court of Appeals, Sixth Circuit, in the case brought against College officials and the faculty union attorney by one of our teachers and his wife. The College is appealing a district judge's ruling on an injunction placing the teacher back to work following a disciplinary suspension issued to him last July for retaliation, breach of confidentiality and insubordination, all of which occurred after a student complaint was filed. The District Court has not ruled on the issue of vulgar, obscene or profane classroom speech.

The teacher involved has publicized his personal employment dispute with the College, resulting in extensive media attention. The College, in deference to the collective bargaining agreement and the College's sexual harassment policy, has refused to comment publicly. The unfortunate consequence of honoring these requirements is that the public does not gain a complete understanding of the situation or, more importantly, of the events which warranted disciplinary action in July 1999.
 
Despite our disagreement with the faculty member, the College still feels obliged to maintain confidentiality regarding the specifics of the case and the events which caused last July's disciplinary action to be taken. At the same time, it is important for our students, employees, and members of our community to understand why the College has chosen to file an appeal and the type of learning environment it is committed to preserve.
 
The injunction recently issued impacts institutional policy, labor relations practices, and civil rights investigations. Consequently. every college and university and every college student in the country may be adversely affected. As a result, the College does feel free to comment on these issues.

In the College's opinion the decision by the judge contradicts established law governing labor relations and civil rights complaints. It significantly narrows the traditional definition of confidentiality; it limits the protections afforded women who complain of sexual harassment; it alters the way civil rights complaints are to be investigated; and it suggests that English teachers are somehow immune to discipline for violating College policies. As you might imagine, the College strongly disagrees with the judge's opinions.
 
Through the publication of this letter, the Board of Trustees wishes to reaffirm some fundamental principles and beliefs which have guided the College's actions in the past and will continue to guide its actions in the future.
 
* The College remains deeply committed to providing a classroom environment which assures all of its students equal access to educational opportunities.
• The College does not believe that academic freedom protects the regular use of profane, vulgar, or obscene speech in the classroom which is not germane to course content (and thus educational purpose) as measured by professional standards.
 
• The College does not believe that the classroom setting is the appropriate forum to discuss personal sexual practices, techniques, experiences, or fantasies unless germane to course content.
 
• The College believes that students have the right to file a complaint whenever they feel aggrieved. Students have the right to expect that their complaints will be taken seriously, they will be kept completely confidential, and that objective and unbiased investigations will be conducted.

• The College believes that Individuals who file civil rights complaints (such as sexual harassment), or any other complaints, should not expect to have the details of their complaints distributed to and openly discussed with class mates or coworkers.

• The College believes that individuals who file civil rights complaints (such as sexual harassment), or any other complaints, should not be subject to any form of public ridicule, embarrassment, or retaliation, even if their complaints are not found to be legally actionable.

• The College believes that matters involving employee discipline are best handled within an environment of confidentiality and concern for protecting the rights of all parties.

• The College believes that the confidentiality required by law, institutional policy, and its collective bargaining agreement traditionally prohibits the disclosure of such things as the names of the individuals involved, the specifics of the charges, the documents submitted, any evidence which is gathered, and the testimony given by complainants or witnesses in investigative hearings.

• The College believes that the free expression and exchange of ideas on a college campus can only thrive in an environment where mutual respect and high regard is shown for every member of the college community.
 
Principles and beliefs such as these have shaped the learning environment which we are proud to call Macomb Community College. The Board believes so strongly in the value of these principles and beliefs that it will, if necessary, pursue this appeal to the United States Supreme Court.
 
Sincerely,

Christine Bonkowski, Chairperson
Frank DeSantis, vice Chairperson
Nancy E. Jakubowski , Secretary
James M. Kelly, Treasurer
Paul W. Cousino, Trustee
Joseph DeSantis, Trustee
Roseanne Dimaria, Trustee
Macomb Community College