1060. Update on the "Reinstate Dr. Glenn Webb and Dr. Ken Peterson -- saga!
This is the information: Dr. Ken Peterson was "reinstated" in July, and then on August 6th was given a preposterous "Last Chance Agreement", to be able to keep his job at the University. If he didn't sign it (which he will not, saying it is vindictive, punitive, dehumanizing, and disenfranchising!) he would not get his job back. One of those stipulations was to never teach voice lessons there!
I'm posting this for those of my readers probably outside of the group who know me on facebook.
I'm posting this for those of my readers probably outside of the group who know me on facebook.
To Mayor Jon Pike: Written August 12, 2018
I'm sure you have received numerous letters about the situation involving the Last Chance Agreement given to Dr. Ken Peterson. I believe I have another view to share, which I hope you will take the time to read.
I am an 83 year old widow, granddaughter of original pioneers in St. George. I grew up there, and received my Associate Degree in 1954. My father was in the very first class at Dixie in 1911, and my mother attended in the 1920's, received the vocal opera scholarship and was the lead in at least 3 operas/operettas there in the old Opera House. I played the piano for all the choirs when I was in college, and upon graduating received the Dixie Service Award for that. In 2012 I was given the honor of being a "Distinguished Alumni" of Dixie State. I have had 9 children, and 8 of them attended Dixie, 6 of them graduating with Associates in the 1970's and 1980's. They loved their years at Dixie, and felt the strong "Dixie Spirit" there.
That "Dixie Spirit" was alive and well there, especially when Dr. Ken Peterson came to Dixie. Dr. Kim was the Choral director before Ken, and I played for one of his choirs. My late husband Wayne and I were on the Dixie Theater Council in the 1980's and 90's, and helped choose best actors, etc. etc. My husband also received the Most Loyal Fan (athletics) award at Dixie for the year 2010-2011. I mention all this to show my commitment to supporting Dixie State University my entire life up to now.
I also played many years for vocal students for Dr. Ken Peterson, during their lessons and also in recitals. I have NEVER seen him anything but kind and encouraging to those students, who loved him! I was especially impressed with his kindness to a student who kept taking lessons several years as an adult, who was mentally challenged. Ken let him be in recitals, thus adding so much to his life. I also played for Dr. Robert Briggs students, and several other vocal teachers. I never charged money to the students for that, but other accompanists did, as they were working their own way through college.
We continued to support Dixie in all their musical productions over the years, and I accompanied many other students, including my own grandson, who will be a senior at SUU this next year. He took from Ken 2 or 3 years while in high school, and received a great scholarship to SUU, so he decided to go there -- where he has taken the tenor lead in several operas and musicals. Ken was his inspiration to do just that and he will have his music education degree this next spring.
I have so much admiration and respect for Dr. Ken, and was totally shocked and shaken for him to be even considered for termination. I spent the very next week in St. George, and saw the panic in some students, one in particular whom I had played for, and her worry about their senior recitals coming up for their graduation. Yes, she did graduate, but without the final mentoring that Dr. Ken would have given her. For that to be done to students, including students of Dr. Glenn, in the middle of the semester, the university had no sympathy or caring! That is a fact! If anything, they could have waited out the semester!
I have read your answers to previous letters, and your stating that you thought Ken should sign the Last Chance Agreement, and I am shjocked at your statement:
Would you, in Ken Peterson’s position, sign the “Last Chance Agreement?
-Yes, I absolutely would. I would want to prove myself and hope that I could at some point have the opportunity to teach music again - either at DSU or somewhere else. I would relish the challenge.
What does Ken have to "Prove"? He has proved himself absolutely a man of integrity, dignity, and openness! He leads the renowned "Heritage Choir'". He has been proved by the support of all his students, and the entire community! "Have the opportunity to teach music again" ! REALLY! Did you also not read in the LCA that this was to be a permanent situation, that he would be barred from it, and said it was non-negotiable! The entire community will suffer such a loss without him!
It also makes anyone wonder, that after reinstating him in July, and his posting his class schedule for the coming semester, and then just 2 weeks before the new semester is to start, -- to tell him he won't be allowed to teach private vocal, and that he HAS to teach General Education courses and service credits classes, of which he hasn't been trained, or even had time to study! What does that say for other classes at DSU, and the level of preparation they give teachers to prepare college level classes? It is interesting they didn't send him that UNTIL it was public knowledge he would be coming back, and probably students had already signed up for vocal lessons and choirs by him!
Also your statement, as to why you think he should sign the LCA --
I believe it benefits him, students at DSU, faculty at DSU, and DSU as an institution.
-- My question is -- Why would it benefit him?
Yes, perhaps the only obvious benefit would be he would have a salary -- for the time being, until some petty minded person pointed out an imaginary infraction of the strict rules he was to follow!
But at what cost? To be under such scrutiny that if he were to get within 500 feet of Mark Houser he could be fired immediately! (And it is relevant to notice they teach in the same building, and can't be 500 feet apart -- and even teach!") To be barred from teaching his doctorate specialty, that of vocal coaching, and not be allowed to be on any faculty review boards, tenure and promotion committees, (I admit Mark Houser would love that!) etc. etc. To be portrayed as if he were a physical threat to Mark Houser or his family!
There isn't a person with a more mild and loving personality than Ken, and he has also stated he hasn't said perhaps more than 4 words to him since Varlo Davenport's firing. So why the intimating he would do so now? Also the idea he could be a threat to a student and not be allowed to be in a "secluded area" with a student ! Such an insult!
As Ken himself said the whole LCA is vindictive, punitive, dehumanizing and disenfranchising! So now that I've shown why it wouldn't help Ken himself to sign, how would it help students? To be reminded every time they go to a "General Education class" that they are barred from studying with such an amazing and recognized professor because of someone's "perceived" impression of him? The students have been hurt so much already, any more would only do more harm, and hurt more students, and many have left already DSU because of this situation.
How would it help the faculty at DSU? The only possibility would be that they, now that they are so worried about even speaking their own opinions, that they too may get fired, may give some hope. I doubt that you or even the administration have any inkling how scared many of your fine professors are -- about even defending Ken and Glenn. That was the basis of Ken's original termination, -- that he merely spoke his mind in a free country. Talk about "Constitutional rights!"
And how would it benefit DSU as an institution -- only that it may help them from totally losing their former reputation as a fine university! Their reputation is so quickly becoming a laughingstock in the state, and becoming the nation, only it really isn't funny! The tactics they have used have been so unfair and, rather than leaving it like that, they added insult to injury in the LCA! (I added some things at the bottom that show the national reputation DSU is getting! )
If I had any grandchildren, or great grandchildren who were ready to go to a university, at this period of time I WOULD TOTALLY DISCOURAGE IT! Not as long as this administration is in POWER!
I have liked you as a mayor, and voted for you when you got elected. But from my observations, you too may be afraid of speaking up because of your public positions. If that isn't the reason, then I do believe you have not understood the truth, and how it is so adversely affecting so many lives!
I'm adding parts from something I just read -- I didn't expect to include so much, but it is so explanatory of the problem that is being noticed nationally -- about Dixie State University!
: From the Foundation for Individual Rights in Education website:
https://www.thefire.org/how-far-will-dixie-state-university-go-to-fire-a-tenured-professor-ask-ken-peterson/
How far will Dixie State University go to fire a tenured professor? Ask Ken Peterson
Bbby Peter Bonilla August 10, 2018
At the American Association of University Professors’ Academe blog, John K. Wilson has been following a troubling case involving the abrupt termination of two Dixie State University music professors. The termination of one in particular, tenured professor Ken Peterson, has free speech and academic freedom advocates deeply concerned.
The termination of one in particular, tenured professor Ken Peterson, has free speech and academic freedom advocates deeply concerned.
Peterson appealed his termination, and a faculty review board recommended his reinstatement. In July, the Utah System of Higher Education stated that it supported the faculty’s recommendation, and likewise supported his reinstatement. DSU claimed to welcome the outcome, with a spokesperson saying, “Dixie State University wholeheartedly supports this decision, and we look forward to working with Dr. Peterson again.”
Then came DSU’s “Last Chance Agreement,” which the university demanded he sign if he wished to return. Wilson described it as “one of the most extreme violations of academic freedom and free speech that I’ve ever seen,” and indeed the agreement’s restrictions are incredibly expansive and place fundamental restrictions on his speech.
Also prohibited are “[v]erbal, written, and/or physical diatribes that would cast himself or DSU in an unfavorable light” and “[h]arsh, foul or coarse language used to insult others.” Peterson is also prohibited from providing music lessons anywhere on the DSU campus, or from recruiting or advertising his services as a private tutor “while on DSU property, facilities, or during any DSU sponsored event.”
The academic freedom and free speech implications from the agreement’s speech restrictions are clear. What will DSU interpret as “derogatory”? Is any perceived insult against anyone in the administration ripe for punishment under the policy? It’s far too easy to imagine how DSU can justify any slip of the tongue or perceived slight as a violation that would justify termination.
Also from the Academe Blog: of Adademe Magazine:
https://academeblog.org/2018/08/06/dixie-state-university-fails-last-chance-at-academic-freedom/
Dixie State University Fails Last Chance at Academic Freedom
John K. Wilson / 6 days ago
BY JOHN K. WILSON
Dixie State University (DSU) in Utah, after trying and failing to fire music professor Ken Peterson for the crime of gossip, is now declaring that Peterson, to keep his job, must sign a “Last Chance Agreement” that is one of the most extreme violations of academic freedom and free speech that I’ve ever seen.
Back in March, I reported on the appalling treatment of Peterson, which included an arbitrary suspension without due process and being banned from campus for no reason at all.
In July, the news media reported good news: After a faculty committee rejected Peterson’s firing, and the Utah System of Higher Education decision announced his reinstatement, the DSU administration declared that it “wholeheartedly supports this decision, and we look forward to working with Peterson again.”
This turned out to be completely untrue. The “Last Chance Agreement” is extraordinary in the demands it makes of Peterson, violating his First Amendment rights and infringing upon his academic freedom over and over again. The agreement requires Peterson to agree that he has “demonstrated unprofessional/uncivil behavior towards DSU and its faculty, staff, and administration” and “inappropriate behavior towards DSU students.”
The agreement announces that Peterson (who was accused of being overheard criticizing a professor who was denied tenure but still remains on the faculty at DSU) cannot be trusted “to act professionally and appropriately, in unsupervised or secluded areas” and “therefore, Dr. Peterson will be assigned a 12-credit course load of General Education courses and 3-Service credits per semester.”
This ban from normal music instruction is particularly severe because according to DSU’s agreement, this will apply for the rest of Peterson’s career without any possible review or appeal. He will never be allowed to teach music lessons to students again. Indeed, even if Peterson wanted to volunteer to teach students private lessons off campus, he could not mention this fact to any students while on DSU property: “nor shall Dr. Peterson actively recruit/advertise private lessons and/or any other private business with DSU students while on DSU property, facilities, or during any DSU sponsored event.”
Many of the provisions of the agreement are clear restrictions on his academic freedom and free speech rights: “Dr. Peterson shall not engage in any conduct that will damage, undermine, or sabotage DSU’s Voice, Music, Theater, Art, and Dance programs or faculty.”
Almost anything could be held to “undermine” or “damage” a faculty member. For example, if Peterson found out that a professor was sexually assaulting students, he would be in violation of this agreement to report this fact to anyone, because that would damage the faculty member committing these crimes.
The agreement declares: “Dr. Peterson shall not make unfounded or untruthful derogatory statements about Dixie State University and its faculty, staff, students or administration.”
Even if Peterson says something true about anyone at DSU, if it is deemed “unfounded” and derogatory, then he will be fired.
DSU even declares under the agreement that the appalling provisions of the “Last Chance Agreement” must be concealed or he will be fired: “He shall not share and/or discuss the content of this Last Chance Agreement including the circumstances and details of Dr. Peterson’s suspension and subsequent reinstatement.” Peterson would be banned from saying anything about his unjust suspension. Even if a faculty or legislative committee wanted to investigate the appalling conduct of the DSU administration in this case, Peterson would be fired for saying anything to them.
This is a shocking suppression of free speech. Many of the other commands in the agreement are extraordinarily broad and undefined such as “Dr. Peterson shall cease unprofessional behaviors.”
The agreement also declares: “Dr. Peterson shall not knowingly and intentionally take any action that will result in physically being closer than five hundred (500) feet of Mark Houser and Mark Houser’s Family members (Hereafter collectively referred to as “Houser”) while on or in any of DSU’s campuses or facilities.”
The primary accusation against Peterson was that he was overheard telling a faculty colleague about the unanimous 15-0 vote by a faculty committee to deny tenure to Houser, who continues to teach at DSU despite the tenure denial in 2014 and again in 2017.
So why should Peterson be forced to stay 500 feet away from Houser or, more bizarrely, all members of his family? There’s never been any kind of accusation that Peterson poses a violent threat to anyone.
The agreement includes a very broad ban on Peterson’s free speech:
Dr. Peterson shall refrain from such behavior construed as being unprofessional and uncivil to DSU’s faculty, students, administration characterized by:
1. Verbal, written, and/or physical diatribes that would cast himself or DSU in an unfavorable light in the view of the communities served by DSU;
2. Harsh, foul or coarse language used to insult others;
I confess that I have no idea what a “physical diatribe” is, but the First Amendment clearly protects the rights of professors to make verbal or written diatribes in their extramural comments. A ban on writing or saying anything that might put DSU in an “unfavorable light” is clearly a violation of free speech (and that would obviously include any mention of the DSU administration’s behavior in the Peterson case).
This provision also bans “harsh” language “used to insult others,” which is another clear violation of the First Amendment. For example, asking “what stupid censor would come up with an agreement like this?” would be a clear violation of this rule, even though it’s an entirely reasonable question to ask.
The agreement declares, “Nor shall Dr. Peterson violate any DSU Policy,” so even the smallest violation of the most obscure DSU Policy would be grounds for termination under this agreement.
The agreement also requires: “Peterson will demonstrate continued and sustained improvement in the areas of concern addressed herein and that he will comply with all the performance and conduct standards expected of all DSU’s employees.”
This is a particularly bizarre provision in the contract. It means that even if Peterson follows all the rules, he can still be immediately fired if he fails to show “continued and sustained improvement” for the rest of his career. This is an extraordinary rule in an unbelievable contract.
That’s not an exaggeration. The contract has an explicit provision for dismissal if Peterson violates any provision in it:
Dr. Peterson acknowledges and agrees that if he engages in any conduct prohibited by this Last Chance Agreement or fails to comply with any conditions required by this Last Chance Agreement, then (i) DSU’s Human Resource Department and Office of the General Counsel will promptly investigate any claim of conduct that is prohibited by this Last Chance Agreement when DSU becomes aware of the alleged conduct, and (ii) any substantiated claim of prohibited conduct shall constitute just cause for his discharge from employment at DSU; and (iii) DSU shall immediately move for the termination of Dr. Peterson pursuant DSU Policy 371: Faculty Termination.
The assertion that any violation of these extremely broad rules will automatically result in termination is a complete violation of academic standards. Faculty should only be terminated when their actions are so serious as to deserve termination, not because they violate vague rules that apply to no other employees on campus.
From the start, one bizarre aspect of the DSU administration’s pronouncements about the case had disturbed me. DSU repeatedly announced that Peterson and Webb had been terminated. In reality, the administration was merely beginning the process of seeking to terminate them. But by lying and claiming that Peterson was already terminated, DSU apparently thinks it can impose terms on his “reinstatement” to a termination that never happened.
A comment under the entire article is this:
Alan Taylor August 7, 2018 at 11:36 am
What an embarrassment for DSU. It is so insanely childish and petty that I am looking for the hidden cameras. So sad that Dr. Peterson must have his reputation dragged through the mud like this by an administration that is seriously off the rails. The state needs to clean house in the DSU front office and try to save its reputation. Those in the HR office should be ashamed of this as well. This is the stuff of Jr. high politics.
(Now -- by Pal) There is more, but if you have read this far, you may understand my feelings, and the truly bizarre problem DSU has created!
I welcome your reaction to the above!
Sincerely, Paralee (Pal) Miles Eckman
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And in the night I checked when I got up a minute and I got an answer from Mayor Jon Pike, and I will print it here, and also 2 short e mails I wrote back to him -- when I wrote when I woke up about 4 a.m. this morning!
Dear Pal,
I read and appreciate your email. We probably agree on a couple things:
1. Dr. Ken Peterson is an incredible musician and beloved teacher.
2. Dixie State University and our community has a rich history and love of music and the arts.
Additionally, I greatly appreciate all that YOU have done for music and for the people in our community with your talents and efforts.
Besides those things, I’m not sure we’re going to agree on much in this case. You’ve clearly read what I’ve written to others, and there’s really nothing new for me to say. It’s a very unfortunate situation, but one that Dr. Peterson could have avoided in several ways and at several points if he’d have made different choices.
Thank you again for your many years of service, and for your continued concern for students at DSU. I share that concern, and that is precisely why I support the actions taken by DSU and the Utah System of Higher Education in this matter.
Sincerely,
Jon Pike
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my answers:
to Jonathan
Thank you for your prompt answer to my letter, and kind words to me. But to say I am disappointed and actually shocked is mild. You are putting the entire "blame" on Dr. Ken Peterson! You are ignoring the many points that were listed in the 2 internet sites mentioned -- that of not allowing his constitutional right to be able to speak his mind in this free country, and that itself was so minor. And he merely spoke his mind saying things that were TRUE! I have nothing more to say to you about this. You have let down actually thousands of people with your blind following of those you apparently agree with. I now question your positions on many subjects -- as you are blind to the real consequences of the actions of DSU. The USHE's position was mild. It was DSU who chose to blow it to gigantic proportions and slander an honest man -- in the allegations in the Last Chance Agreement. I feel sorry for your lack of ability to see where wrong has been done, and not defend it!
Sincerely, Pal
Paralee Eckman <paralee.eckman@gmail.com>
4:52 AM (2 hours ago)
to Jonathan
I do have one more thought -- If the people of early New England were loyal to "the establishment", the King of England, we wouldn't have our free country today -- The United States of America. Those dear courageous early people (many of whom were my ancestors) wanted freedom, which they did not have while under the thumb of England. It took uncanny courage for them to actually break away from that tyranny. DSU and their stance is also trying to have that kind of control over not only Dr. Peterson, but anyone else on that campus, especially professors, who value living in this free country, but now who are actually afraid to speak, -- afraid of their jobs. Is that what this country stands for? NO !
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