Critics Charge UC With Stonewalling

* Since I played a part in obtaining information for the article “UCI Battles Show Perils of Bucking UC System” (July 2), I want the public to know the whole story.

Under the California Public Records Act, I began my quest for information about the case of Dr. Carol Jackson vs University of California Irvine in May, 1993. It took five letters and almost two years to finally receive the full information. I therefore find it difficult to agree with Gary Morrison, deputy general counsel for the University of California, who denied that the university tries to hide anything and stated that the amounts of money the university spends on attorneys and settlements are a matter of public record.

When I finally did receive the information I requested, I was astounded to learn that the university had paid the firm of Payne & Fears $440,622.45 to represent UCI in a case that was settled out of court. Adding that to the final figures paid to Dr. Jackson and her attorneys ($315,000), the total cost to the UC system was $755,662.45! With sharp increases in tuition and fees, this waste of public funds is outrageous. Remember, the Jackson case is just one of many cases settled secretly.

Upon reading the settlement agreement in the Jackson case, what bothers me more than the amount of money is the gag provision, which reads “the matter had been resolved in a manner satisfactory to all parties concerned, but I am bound by confidentiality provisions not to say anything further.” Accompanying this was a penalty fee of $50,000 if Dr. Jackson discussed her settlement. The university states this is not punitive in any way. To my way of thinking, it plainly denies Dr. Jackson the First Amendment right to free speech. Shame on UC--a public institution!

MARILYN J. VASSOS

Irvine

* UCI Executive Vice Chancellor Sidney Golub felt compelled (in a letter July 9) to raise the issue of “bucking the UC system” to a higher level. Perhaps then, he might want to reconsider the general issue of cover-up of unethical behavior that I presented at the June 4, 1992, UCI Academic Senate meeting.

This is an issue of great significance. The privilege of being a tenured professor at the University of California carries with it enormous freedom and thus must correspondingly carry the enormous responsibility of setting the highest example of ethical standards. If there is one institution in our troubled society that must stand out as against cover-up of unethical behavior, it is the public university, in particular, the University of California.

This unethical behavior would include scientific fraud, misuse of funds and abuse of power over students and employees. At present, results of hearings of the Committee on Privilege and Tenure, which document unethical behavior, are confidential.

Our university should not, cannot and must not hold higher standards of responsibility of actions for our students than for our tenured faculty. The reputation and morale of our university is at stake. There must be a procedure to ensure that no cover-ups are possible. Thus I proposed: If all due procedures prove that a faculty member is guilty of unethical behavior, the details should then be on record so that members of the university community can examine these records; as a result they could choose to limit their associations with this faculty member.

After six months, I was informed that UC lawyers had concluded that such open disclosure of proven unethical behavior was not possible. Perhaps the considerable public outrage and frustration with the UCI fertility clinic might help the UC system to reform its present built-in cover-up procedures.

GORDON SHAW

1995 Professor Emeritus of Physics

UC Irvine