Sunday, December 28, 2014

COLLEGE OF THE MAINLAND GOT OFF CHEAP BY SETTLING WITH RED DAVID FOR ONLY $255,000

Fired August 1, 2013, Professor David Michael Smith sued College of the Mainland which settled with the professed Marxist after losing several motions for dismissal

During the 15 years that he taught Political Science at COM, Red David fed his students a daily diet of anti-American rhetoric. That's why in 2002 some Galveston County civic leaders and I tried to stop the college from granting him tenure. Unfortunately, we were unsuccessful.

Smith and his wife Rona (also an avowed Marxist) are the founders of the Progressive Workers Organizing Committee. Its manifesto contains paragraph after paragraph spelling out the evils of capitalism and America’s government policies. A number of Red David’s students have become members and one line from that manifesto seems to explain why they joined up:

“As the nucleus of a pre-party formation, we know that the first step in recruiting and retaining new members must be radical political education.”

That line would also seem to back up what numerous students told me and others about Smith trying to brainwash students with his Marxist and anti-American crap.

A citizen by the name of Doc Courtney recently left this comment on The Police News in response to “When Will The Cops Stop Killing Us?,” an article written by Red David that was published by the Houston Communist Party on December 14:

“After a semester of Smith propaganda, my niece came to Christmas dinner regurgitating anti-capitalism BS. It was completely out of left field. Once she informed me where she had learned this rhetoric, it was all clear. Thanks to Smith's brainwashing, my beautiful future petroleum engineer niece is bonafide, dread sporting hippy. Glad you can't poison young minds with your B.S., good riddance!”

All that aside, I predicted all along that Red David would prevail in his lawsuit and that College of the Mainland would end up settling out of court. The college got off rather cheap when it settled for only $255,000.

FIRED MAINLAND PROFESSOR SETTLES LAWSUIT
Former teacher was let go after filing two other free speech suits

By Harvey Rice

Houston Chronicle
December 16, 2014

GALVESTON - The College of the Mainland has settled a lawsuit with a professor it fired after he filed two other lawsuits alleging violation of his free speech rights.

The settlement is the latest in a long string of federal lawsuits against the college board and administration over the last several years by faculty, staff and students.

The lawsuit settled last week by former professor David Michael Smith accused the board of directors of firing him on Aug. 1, 2013, on a unanimous vote in retaliation for his two previous free speech lawsuits.

College President Beth Lewis said Smith was fired for insubordination and for harassing his colleagues.

Neither Smith nor Lewis would discuss the terms of the confidential settlement. Smith declined to say whether he would be reinstated, but said he had no plans for full-time teaching.

Smith's lawsuit sought $750,000 in damages plus attorneys fees of at least $250,000.

Smith, who taught political science at the community college for 15 years, predicted more lawsuits unless the administration and board agreed to work cooperatively with employees and students.

"I'm certain there will be additional lawsuits," Smith said. "If you ask me, I'm afraid the current board is intent on turning a traditionally progressive institution of higher learning into a Walmart."

Lewis dismissed Smith's accusation that the administration was unwilling to tolerate dissent from employees and students. "There is no merit to this assertion," she said.

Board member Ralph Holm refused comment, but board member Rachel Delgado said that there would be fewer problems with Smith's departure. "I feel that we are developing a very positive relationship" with faculty and staff, she said.

She also declined to discuss the settlement's terms.

Smith, as head of the faculty union, was at the forefront of disputes over policy affecting college employees, often arguing points of policy before the board. His outspokenness and liberal viewpoints earned the ire of conservatives as expressed in letters to the editor of the Galveston Daily News.

His first lawsuit was filed after he and his wife were prevented from addressing the board during the public comments section of a June 22, 2009, meeting. The college settled the lawsuit after a federal judge accepted a recommendation that the college board be barred from excluding members of the public from speaking during the public comment portion of public meetings.

Smith sued the college again in June 2011 claiming that he was issued a disciplinary letter in retaliation for the first lawsuit. The college settled after the judge found that a jury was likely to side with Smith, according to Smith's lawsuit.

Two years later, the college's letter terminating Smith said that an investigation "has revealed a pattern of behavior in which you routinely challenge directives and requirements from your supervisors," the lawsuit states.

Smith's view is backed by Lee Medley, president of the AFL-CIO Galveston County Labor Council, who has at times tried to intercede on behalf of college faculty. Medley said Smith's firing is part of an attempt by the college to break the faculty union.

Stephanie Macaluso, who graduated last week with an associates degree from Mainland College, said that she encountered problems defending a different professor disciplined last year for mentioning faculty problems in the classroom. Macaluso said faculty have told her that they fear expressing viewpoints contrary to the administration's.

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