On May 12, 2009, the Court of Appeals of Ohio, Second Appellate District, heard an appeal on behalf of the members of the former faculty of Antioch College regarding reinstatement of their recently dismissed lawsuit against Antioch University. A video of this proceeding is online at the Antioch Papers – http://www.theantiochpapers.org/

In 2007 members of the former faculty of Antioch College filed a lawsuit alleging that Antioch University violated the Antioch “College Faculty Personnel Policies”. According to this contractual document, the University is mandated to seek “less drastic means” to closure through “consultation” with the College’s Administrative Council, AdCil. Specifically, the University is required to work with AdCil to development “a plan and timetable for abating financial emergency” or closure. The faculty lawsuit alleges that Antioch University officers refused to meet with AdCil to develop this plan or explore less drastic means.

A ruling on the appeal is expected sometime within in the next 12 weeks.

For background information see “The College Faculty” website – http://collegefaculty.org

On May 12, 2009, the Court of Appeals of Ohio, Second Appellate District, heard an appeal on behalf of the members of the former faculty of Antioch College regarding reinstatement of their recently dismissed lawsuit against Antioch University.

In 2007 members of the former faculty of Antioch College filed a lawsuit alleging that Antioch University violated the Antioch “College Faculty Personnel Policies”. According to this contractual document, the University is mandated to seek “less drastic means” to closure through “consultation” with the College’s Administrative Council, AdCil. Specifically, the University is required to work with AdCil to development “a plan and timetable for abating financial emergency” or closure. The faculty lawsuit alleges that Antioch University officers refused to meet with AdCil to develop this plan or explore less drastic means.

A ruling on the appeal is expected sometime within the next 12 weeks.

For background information see The College Faculty website

«PREFIX» «FIRST NAME» «LAST NAME»

Dear «FIRST NAME»:

The Non-Stop Liberal Arts Institute (“NSLAI”) has played an important role in continuing core elements of the Antioch College experience. Unfortunately, limited resources and constrained circumstances require that College Revival Fund, Inc. cease funding the NSLAI effective June 30, 2009. Regretfully, this decision results in the elimination of your position and the termination of your employment effective June 30, 2009.

In connection with the termination of your employment:

1) If you have coverage under the medical insurance plan, the coverage will cease as of June 30, 2009. You will, however, be eligible to continue to participate in the group plan at your own expense pursuant to the Consolidated Omnibus Budget Reconciliation Act (“COBRA”). Information regarding COBRA will be provided to you in the coming weeks.

2) If you are a participant in the 401(k) plan, information regarding the plan will be forwarded to you at home.

3) All material belonging to the College Revival Fund must be returned prior to your last date of employment. This includes, but is not limited to, keys, documents, lists and other information. If you have a computer, it must be returned with all other company property in good operating order, without deleting e-mails and other data. We are providing you with this advance notice in an effort to help you through this period to the greatest degree possible. Thank you for your work to continue the unique educational legacy of Antioch College.

Sincerely yours,

College Revival Fund, Inc.

Nancy Crow
President, Board of Directors

Antioch University Chancellor Toni Murdock characterized College President Lawry’s vision for Antioch College as part of “a culture war.” Lawry presented this vision to University Board of Trustees in November 2006. To understand this document in its full context, see The Record article and review the minutes of the meeting in which it was presented.

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The document states:

Campus social life and the health of the learning environment are affected negatively by a comparatively high incidence of mental health problems among students. Dr. Cynthia Olson, director of the Wright State clinic in Yellow Springs, with which the College has a health services contract, has told me that the student body displays an exceptionally high proportion for the age group, of persons with bipolar disorders, schizophrenia and eating disorders, exacerbated by high co-morbidity with substance abuse (pg 2).

Why it Matters:
Lawry based his assertion and sought to remake the College’s curriculum, tenure of faculty, and student body based on a medical diagnosis of opinion not science. Dr. Cynthia Olson is certified in Family Practice and Geriatric Medicine. She is not a licensed mental health professional.

Dr. Linda Lee Sattem, Ph.D., PCC/S is a licensed mental health professional . The letters, PPC/S stands for “Professional Clinical Counselor / Supervisor”, a license award by the the Ohio Counselor, Social Worker, & Marriage and Family Therapist Board.

Sattem was employed at the College’s Counseling and Wellness Center. She stated, “Antioch students are not different than other college students. Our students do not have more problems, more severe problems or a higher incidence of mental illness.”

READ Sattem’s Response (3.0 mb)

READ THE MINUTES (5.5 mb)

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The Nov 06 minutes state:

Art mentioned that he attended the Academic Affairs Committee retreat late August and urged his fellow trustees to read the minutes of that retreat (pg 3).

Why it Matters:
The Academic Affairs Committee minutes state the number of tenured faculty at Antioch College has dropped from 64 to 45 and “of these 45 faculty positions, 6-9 positions” will no longer be tenured (pg 3). The Academic Affairs Committee minutes state the University can release faculty “for reasons of financial exigency, irrespective of contract appointment status”(pg 8); and that the University has the right “to reassign faculty from the unit to which they are currently assigned to another unit with a different mission” (pg 9).
READ the Academic Affair Committee minutes (3.0 mb)

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The Nov 06 minutes state:

[Trustee] Larry [Stone] was pleased to see the support for Steve [Lawry] around the table and pointed out that not everyone will agree with his analysis, that some will see Steve as the problem. Lack of community and the toxicity are real problems, he said, which were identified by the NCA well before Steve arrived (pg 5).

Why it Matters:
The last NCA evaluation of Antioch College that occurred “well before Steve arrived” took place in 2002. A review of this evaluation does not support Trustee Stone’s claims.
READ the 2002 NCA Evaluation (3.2 mb)

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The Nov 06 minutes state:

College Update. Steve Lawry gave an update on the cultural state of the College and… a realignment of faculty to meet new needs. His report is on file with these minutes (pg 5).

Why it Matters:
Antioch College President Steve Lawry’s report used false reporting about the students’ mental health as a pretense for tenure reductions and to attack student culture.
See President Lawry’s Report and The Record article about it

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The Nov 06 minutes state:

[Antioch University Chancellor] Toni [Murdock] recognized the courage it takes to fight a culture war, how it takes a toll on the leader, in this case [Antioch College President] Steve [Lawry], and underscored the support Steve is receiving from the ULC [University Leadership Council] (pg 6).

Why it Matters:
How Antioch University reconciles mutual respect, intellectual freedom, and open inquiry with cultural warfare remains to be seen.

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The Nov 06 minutes state:

The meeting was adjourned about 4:00PM so everyone could make their way to the McGregor Campus West ground-breaking ceremony at the northwest end of the Village (pg 6).

Why it Matters:
See Petition to the Attorney General – Appendix F- Memo, Re: McGregor Bond

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The Nov 06 minutes state:

Barbara Winslow recalled the resistance by faculty to the new curriculum…[Steve Lawry said] he would include faculty but leadership would make the decisions (pg 9).

Why it Matters:
Lawry’s plan is yet another administrative take-over of the College’s curriculum.

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The Nov 06 minutes state:

Bruce [Bedford] suggested that the new plan needs a cultural element:”‘The Renewal Commission’s plan did not include this and we shouldn’t go forward without it this time” (pg 9).

Why it Matters:
Finance Committee Chairman Bruce Bedford gives a whole new meaning to the term “Cultural Studies.”

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The Nov 06 minutes state:

David W was asked to speak to the Donor Bill of Rights (17).

Why it Matters:
See Petition to the Attorney General – Appendix A – Failure to Inform Donors/Alumni

On July 1, 2008, Antioch University suspended the operations of Antioch College, leaving approximately 30 buildings on campus vacant with no heating, cooling, or HVAC operations for air circulation. These vacant buildings included Antioch Hall (called Main Building) and South Hall. Both of these buildings are listed on the National Register of Historic Places.

On June 4, 2007, Glenn Harper, Manager of Preservation Services for the Ohio Historical Society, wrote a letter to Antioch University stating that leaving historic buildings vacant—without minimal heat and proper ventilation—can lead to “significant damage”¹. Harper’s letter states: Harper’s letter states:

“We strongly suggest that forced air ventilation be provided in the summer and at least minimal heat (45 to 50 degrees) be provided during the winter months. According to National Park Service Brief 31 ‘Mothballing Historic Buildings’, though closed up, a building’s interior can still be affected by exterior temperatures”².

Antioch University refused to follow the standard of care “strongly” suggested by the Ohio Historical Society, and the campus was left cold and shuttered. The vacant campus and its historic Pre-Civil War buildings were left unprotected against the “exterior temperature” changes brought by the freeze and thaw of winter.

According to data from the National Weather Service, on December 24, 2008, the Dayton area experienced the largest thaw of the winter as temperatures rose from 0 to 51 degrees within a 72-hour period³. If significant damage were to occur at Antioch College due to extreme exterior temperature changes, this would be the day.

On December 24, 2008, South Hall experienced “serious damage,” according to the January 5, 2009 minutes of the Miami Township Trustees⁴. A sprinkler pipe in the attic of South Hall broke, sending water through all 4 stories of the building. In a videotape of the meeting, Miami Township Fire-Rescue Chief Altman states, “The amount of water coming out of that South Hall system was mind-boggling…At the end of the building water was shooting out the windows of the fourth floor…there’s drywall collapsed, and all this kind of stuff”⁵. After reviewing a transcript of the meeting, Chief Altman stated, “There were two sections of dry wall collapsed on the fourth and third floors due to water weight. There appeared to be no structural damage at all”⁶.

The extent of damage to South Hall is not known. Antioch University did not publicly share (or perhaps conduct) a damage study of South Hall by a licensed engineer specializing in flooded buildings. And what damage is currently taking place at South Hall due to mold or microbial growth (if any) is also not known, since “remediation specialists were not hired” to test, clean, dry, and ventilate the building⁷. According to William Treasure, a Certified Microbial Remediation Supervisor who oversaw mold remediation work at Antioch College in 2002, “Immediate heat and ventilation are essential elements for properly drying a water-damaged building”⁸. While workers mopped up water and removed carpets from South Hall, the cold, unheated building has still not been warmed or ventilated. On February 9, 2009, Mr. Treasure looked in a first floor window of South Hall and saw “standing water on its hard wood floor”⁹. Mr. Treasure stated the University’s treatment of South Hall could very well lead to significant growth of mold and microbial agents in the building¹⁰.

According to data from the National Weather Service, on February 7, 2009, the Dayton area experienced the second largest thaw of the winter as temperatures rose from 2 to 50 degrees within a 72-hour period¹¹. If significant damage were to occur again at Antioch College, because State and National standards of care had not been followed, this would be the time.

On February 7, 2009 a sprinkler pipe broken in the attic of Antioch College’s historic Main Building (Antioch Hall) flooding all 4 floors of the structure. Unlike the South Hall flood, this time the cascading waters were videotaped and posted on the Internet¹². This time protests took place and the press showed up¹³. This time remediation specialists arrived and the building was warmed and ventilated¹⁴. But unlike South Hall, this time Antioch University had additional warning signs that a failure of Main Building’s attic sprinkler was fast approaching.

The failure of the South Hall’s attic sprinkler system should have led to an immediate and thorough review of all such systems on campus. But even that was not the first warning sign, for the sprinkler system in Main Building had failed earlier in the winter. According to Chief Altman at the Miami Township meeting on January 5, “Main Building had a valve—it is a dry [sprinkler] system, but apparently the valve just leaked… It didn’t cause a lot of damage from what I understand”¹⁵. In contrast, yet another water leak prior to the South Hall deluge occurred in the Theater building; the damage was reported to be “serious”¹⁶. Any one of these incidents should have led to a detailed investigation of the entire campus sprinkler system.

Effective vigilance and remediation should have extended beyond concern for the sprinkler system. For “so much condensation” due to “temperature fluctuations” occurred in the Student Union that well-worn smoke detectors were “shorting because of all the humidity”¹⁷. It was also reported that the condensation on the “insides of those [campus] building were probably just terrible” on days that the temperature rebounded¹⁸. In Fall 2008, it was reported that Antioch University said, “In order to minimize moisture, in the winter, the buildings’ ventilation systems will be turned on daily for an hour”¹⁹. A University employee who does not want to be identified stated that no ventilation was ever implemented at the College.

Harper’s June 2008 letter to Antioch University states, “Without proper ventilation and heating, moisture from condensation may damage plaster, cause paint to peel, stain woodwork and warp floors. If such conditions are allowed to continue structural damage may occur…”²⁰. What damage is currently taking place in any or all of the College buildings due to lack of proper ventilation, heating, or mold growth is not known.

This lack of knowledge may have been complicated by recent personnel changes at Antioch University. Chief Operations Officer Milt Thompson was the University employee in charge of managing the College campus. On January 4, 2008, Mr. Thompson left the University for another job. Antioch University’s Vice-Chancellor and CFO Tom Faecke replaced him. A review of Faecke’s resume strongly suggests he has no experience with buildings and maintenance management²¹. At the Miami Township meeting on January 5, Chief Altman stated the following:

“So, uh, you know, and then with Milt Thompson, who had been handling all that [building] stuff for the University…so they’re not replacing him, and the Vice Chancellor [Tom Faecke] in charge of the facilities is in Minnesota until next week, so it’s very typical Antioch trying to get this stuff worked out. So, we’ll see what happens. Definitely a shame though. South Hall was a nice building”²².

This change in campus management coincides with Antioch University’s shifting explanations about the causes of the water damage in South Hall and the Theater. On January 5, Chief Altman stated that Antioch College “had a bunch of sprinkler pipes freeze around Christmas time…South Hall froze on the fourth floor…a pipe burst in there [the Theater]”²³. Recently Chief Altman reviewed a transcript of the January 5 meeting and corrected the record by saying “that freezing was not the cause” of the South Hall leak and that the Theater had flooded due to “a large roof leak”²⁴. Chief Altman changed the record based on information given to him by Antioch University. Chief Altman never examined the broken pipes and roof leaks at Antioch. It is not his job. The responsibility for that job would fall to the manager of campus buildings, the Vice-Chancellor of the University and its CFO, Tom Faecke.

Mr. Faecke has a vested interest in blaming the College floods on anything other than the University’s decision to leave the campus shuttered and cold, a gamble based on the University’s estimation that to provide minimal heat in the buildings over the winter would have cost them “around $400,000 to $500,000”²⁵. The University had over $105 million of income during the 2007 Fiscal Year, although these numbers should be lower this year due to the closing of the College²⁶. Six months before the floods, Mr. Faecke stated that he will “probably not” follow expert advice for “maintaining a certain level of heat and ventilation” at the campus even if that advice came from the University’s own consultant²⁷. Mr. Faecke stated his reason for ignoring such advise was “due to cost considerations”²⁸.

The bill has come due on those considerations.

Brian Springer, The Antioch Papers, 2-18-09

FOOTNOTES

¹ ? “Letter from the Ohio Historical Society to Antioch University,” Glenn Harper, Manager of Preservation Services for the Ohio Historical Society, p.1, June 4, 2008, at TheAntiochPapers – http://theantiochpapers.org/file_download/208/fl_001.pdf

² ? Ibid, p. 1.

³ ? “National Weather Service – High and Low Daily Temperatures,” TheAntiochPapers, p. 2, February 12, 2009, http://theantiochpapers.org/file_download/209/fl_002.pdf

⁴ ? “Minutes – Miami Township Trustees,” Miami Township, Greene County, Ohio, p. 5, at TheAntiochPapers – http://theantiochpapers.org/file_download/210/fl_003.pdf

⁵ ? “Transcript of 1/05/09 Miami Township Trustees Meeting,” TheAntiochPapers, p. 2-3, February 17, 2009, at http://theantiochpapers.org/file_download/211/fl_004.pdf

⁶ ? Ibid, p. 3.

⁷ ? Diane Chiddister and Lauren Heaton, “Main Building flood elicits concern over damage extent,” Yellow Springs News, February 12, 2009, http://www.ysnews.com/stories/2009/02/021209_antioch.html

⁸ ? Brian Springer, “Unpublished Interview with William Treasure,” TheAntiochPapers, February 14, 2009

⁹ ? Ibid.

¹⁰ ? Ibid.

¹¹ ? “National Weather Service – High and Low Daily Temperatures,” TheAntiochPapers p. 3.

¹² ? See online video at http://www.youtube.com/watch?v=SjjUNF7Dx7E

¹³ ? See online video at http://www.youtube.com/watch?v=h8lJtqszfFs

¹⁴ ? Chancellor Toni Murdock, “Letter From Antioch University,” Antioch University, February 9, 2009, at http://askelandforcouncil.blogspot.com/

¹⁵ ? “Transcript of 1/05/09 Miami Township Trustees Meeting,” TheAntiochPapers, p. 3.

¹⁶ ? “Minutes – Miami Township Trustees,” Miami Township, Greene County, Ohio, p. 5.

¹⁷ ? “Transcript of 1/05/09 Miami Township Trustees Meeting,” TheAntiochPapers, p. 4.

¹⁸ ? Ibid, p. 4.

¹⁹ ? Diane Chiddister, “ Winterizing, shutdown of campus to end by November,” Yellow Springs News, October 2, 2008, http://www.ysnews.com/stories/2008/10/100208_shutdown.html

²⁰ ? “Letter from the Ohio Historical Society to Antioch University,” Glenn Harper, Manager of Preservation Services for the Ohio Historical Society, p.1.

²¹ ? “Resume,” Thomas Faecke, November 2005, at University of Central Missouri, http://www.ucmo.edu/Documents/faecke_resume.pdf

²² ? “Transcript of 1/05/09 Miami Township Trustees Meeting,” TheAntiochPapers, p. 3.

²³ ? Ibid, p. 1-2.

²⁴ ? Ibid, p. 2.

²⁵ ? Diane Chiddister, “ Winterizing, shutdown of campus to end by November,” Yellow Springs News.

²⁶ ? Antioch University IRS Form 990, Antioch University, Fiscal Year 2007,
http://activecause.com/nonprofit-profile/antioch-university/id/393a3c383d39262522

²⁷ ? Diane Chiddister, “Shutdown prompts safety concerns,” Yellow Springs News, July 3, 2008, http://www.ysnews.com/stories/2008/07/070308_collegeshutdown.html

²⁸ ? Ibid.

This Miami Township Trustees Meeting was shown on the public access cable television channel in Yellow Springs, Ohio. This portion of the meeting shows Miami Township Fire-Rescue Chief Colin Altman reporting on the water damage at Antioch College as of January 5, 2009.

On February 11, Chief Altman received a transcript of the meeting and made the following comments. Chief Altman’s comments should be considered an essential part of the record.

Download: The Video Transcript with Comments (184 kb)

READ: The Antioch Papers’ article that accompanies the transcript

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Some statements by Chief Altman on the video:

“The University has been very cooperative in dealing with us and fire safety matters on campus.”

“It should be noted that this meeting was held at the end of a day in which I’d been up since 4:30 am, at a house fire in which one of our firefighters suffered a near fatal accident. I wasn’t in the best frame of mind!”

“At the time, the thought was that the pipe had frozen in South causing the leak. Further investigation revealed that freezing was not the cause; a pipe hanger had broken loose, causing the pipe to drop and break, allowing the compressed are inside to exhaust, and water to fill the pipe.”

“Again, at the time of this meeting, I had been told that the Theatre had flooded due to a broken sprinkler pipe. I’ve since been told that this was in fact due to a large roof leak, in accordance with Louise Smith’s letter.”

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The Antioch Papers article on the video and transcript states

Recently Chief Altman reviewed a transcript of the January 5 meeting and corrected the record by saying “that freezing was not the cause” of the South Hall leak and that the Theater had flooded due to “a large roof leak” (24). Chief Altman changed the record based on information given to him by Antioch University. Chief Altman never examined the broken pipes and roof leaks at Antioch. It is not his job. The responsibility for that job would fall to the manager of campus buildings, the Vice-Chancellor of the University and its CFO, Tom Faecke.

Download the Stanley Report

On April 3, 2008, the Yellows Springs Village Council and the State of Ohio received an official notification from Antioch University stating “the University is moving forward with its plan to suspend operations of the entire college indefinitely….” With just 28 days before the start of the College’s indefinite suspension, Antioch University officials have still not publicly discussed its campus shut down plan.

In order to further this necessary conversation, the Antioch Papers presents Antioch University’s Antioch College Suspension of Operations, Implementation Plan, Confidential Draft, Internal Document to be reviewed by Counsel, Revised January 2008.

I. Overview of the BBC

We present this “Report & Recommendations from the Blue Book Commission” in the midst of a question none of us thought would be asked: What is Antioch University without Antioch College? This is not necessarily the frame wanted but it is the one we have. In many ways, the current crisis presents us with the opportunity to think about the University of the future, and specific to the BBC mandate, the faculty of the 21” century Antioch University.