Saturday, July 02, 2011

PROFESSOR 'RED DAVID' FILES THIRD LAWSUIT AGAINST COLLEGE

All the years that I taught at College of the Mainland, the college was dominated by a small group of avowed Marxist professors. There was only one president they did not control and they ran him off in short order. All that changed a few years ago when an African-American president took over. Since then, racial preferences have replaced Marxism as the dominant controversy at the college.

Initially there were five avowed Marxists at the college. One got run off for groping a black secretary and two recently retired. That leaves only political science professor Red David and an economics professor. The glory days of the Marxists have faded away. That’s damn good! Unfortunately, now the college is just as toxic because of reverse racism.

It took over forty years for the college district’s voters to get fed up with the constant shenanigans that have been going on at the college. In May, College of the Mainland's $86,174,155 bond issue failed, albeit, only by a margin of 12 votes.

I have long detested Red David but I’ll give the devil his due – thrice he’s had the balls to take on a hostile president and board of trustees. He’s won twice and I’ll bet he wins this time too.

COM EMPLOYEE FILES LAWSUIT
By Katie Terhune

The Galveston County Daily News
June 28, 2011

TEXAS CITY — A College of the Mainland professor has filed a lawsuit against the college and its president, claiming they have violated his First Amendment rights.

David Michael Smith, who teaches political science at the college, received an official warning letter after an argument with college President Michael Elam during a board of trustees meeting in June of last year.

Smith attended the meeting to speak to the board about dues deductions for union members. Smith is the president of COM-Unity, the college employees’ union.

During the meeting, Elam and Smith disagreed about whether the professor had agreed to have the union placed on a direct deposit pay system. Smith was reminded not to speak out of turn by members of the board.

A few days later, Smith was issued a disciplinary letter, stating he had violated a section of the faculty code that states that educators should “treat all persons with respect, dignity and justice, discriminating against no one on any arbitrary basis.”

In the lawsuit, Smith argues that the disciplinary action was a retaliatory gesture by Elam.

“It’s certainly true that I spoke out of order, but that’s not something for which I can be lawfully disciplined,” Smith said. “I believe my First Amendment rights were violated because the president was angry about the union’s opposition to him on the dues deductions issue.”

Smith said it took him a year to file the lawsuit because he wanted to handle the situation within the college’s system.

“We never file lawsuits without trying to seek a solution or remedy on campus first,” he said. Smith filed a grievance, asking for the disciplinary letter to be rescinded, but it was rejected by the president and the board of trustees. Smith said that the board only finished processing his request a few weeks ago.

“I have no other recourse,” he said. “But I have certainly tried for a year to get this resolved on campus.”

Elam was unaware of the contents of the lawsuit when contacted Friday and declined to comment until he was more familiar with it.

This marks the third time Smith was involved in lawsuits against Elam and the community college.

In May 2009, Smith and his wife Rona brought a lawsuit against the college after the board chairwoman refused to allow them to address the board. The professor won; the Smiths were awarded $1 in damages, and COM changes its policy on speakers in the meetings.

And in November 2009, the union sued Elam over a policy change that would allow the college more freedom to fire contract employees.

Smith said that he has received support from other college employees, many of whom also felt targeted by officials.

“The retaliation out here has got to stop,” he said.

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