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BAILEY CAVALIERI LLC
ATTORNEYS AT LAW
One Columbus 10 West Broad Street, Suite 2100 Columbus, Ohio 43215-3422
telephone 614.221.3155 facsimile 614.221.0479
www.baileycavalieri.com
direct dial: 614.229.3209
email: Evan.Price@BaileyCavalierLcom
November 13, 2007
VIA E-MAIL AND
REGULAR U.S. MAIL
Kathleen M. Trafford, Esq.
Kendall S. Verrett, Esq.
Porter Wright Morris & Arthur LLP
41 South High Street
Columbus, Ohio 43215
David A. Weaver, Esq.
William R. Groves, Esq.
Martin Browne Hull & Harper PL.L.
One South Limestone Street, Suite 800
Springfield, Ohio 45501
Re: Townsend v. Antioch University, No. 2007 CV 0745
(Ct. C.P Greene County, Ohio filed August 14, 2007)
Dear Counsel:
Enclosed is Plaintiffs’ Notice of Dismissal Without Prejudice that we intend to file
in the above-referenced action today. While my clients have agreed that this case
should be terminated, they are extremely concerned about recent actions taken by the
administration and remain prepared to initiate new litigation in order to enforce their
contractual rights including their collective right to participate in the governance and
decision making of Antioch College. However, my clients would prefer to work
cooperatively with the University and College administrations and the Alumni Board to
ensure the success of the Agreements in Principle rather than initiating further legal
action.
In particular, my clients and the College faculty as a whole are concerned that the
administration’s recent actions, including the letter sent to the faculty on November 9,
2007 by Interim President Andrzej Bloch, are severely undermining the College’s ability
to successfully implement the Agreements in Principle. Specifically, the position that all
of the College’s faculty remain terminated and subject to recall at some unspecified date
in the future severely undermines the College’s ability to recruit and even retain
students. This position is also inconsistent with the Agreements in Principle and ignores
the faculty’s contractual rights under the Faculty Personnel Policies and Procedures.
My clients believe that it is simply unconscionable for Antioch University to be raising
millions of dollars from the College’s alumni for the express purpose of keeping the
College open while at the same time taking steps that appear to be intended to thwart
that very purpose.
Kathleen M. Trafford, Esq.
November 13, 2007
Page 2
My clients recognize that faculty reductions may be a necessary component of
moving forward with the Agreements in Principle. However, my clients believe that the
administration should recognize that the basis for the termination letters sent to the
faculty in June 2007 (the planned suspension of operations on June 30, 2008) is no
longer a reality under the Agreements in Principle as further evidenced by the
acceptance of the alumni funds donated to keep the College open. As a result, my
clients believe that any reductions should be undertaken consistent with the Faculty
Personnel Policies and Procedures and that the faculty should play an integral role in
that process.
In order to implement that process, my clients believe that the attached
procedure under consideration by the Faculty Senate and ADCll should be followed.
While this process may be painful, my clients believe that an expeditious resolution of
the required faculty reductions is critical to the success of the Agreements in Principle
and required to ensure fundamental fairness to the students, faculty and the alumni who
are committing substantial resources to the College. To do otherwise, risks losing
critical faculty members while preventing others from making appropriate plans and
deprives current and prospective students of critical information they need to consider in
planning their futures. There is simply no reason why the College, working in
cooperation with faculty and ADCll, cannot quickly identify multiple actions that could
be undertaken to alleviate financial exigency in accordance with the Agreements in
Principle while recognizing that this plan may be subject to change based on future
developments. Indeed, it is difficult to understand how the College can maintain its
accreditation or recruit students without at least identifying the faculty that will be
necessary to implement the Agreements in Principle.
The faculty also believes that they have critical roles to play in implementing
other aspects of the Agreements in Principle. First, the faculty is willing to work with the
administration in planning the curriculum and academic programs to “ensure Antioch
College’s future as a distinguished institution of higher learning.” In particular, the
faculty is prepared to work with the administration to rectify problems created by the ill
conceived Renewal Plan that was hastily implemented in 2004.
Second, the faculty is prepared to work expeditiously with the administration to
ensure that the Ohio Board of Regents and the North Central Association of Colleges
and Schools will authorize Antioch College to continue to grant credit and award
degrees after December, 2008. The faculty believes that by moving forward
cooperatively, Antioch College can resume recruiting additional students as soon as
possible to ensure the viability of the Agreements in Principle.
As noted above, the faculty are strongly committed to cooperating with the
administration and the Alumni Board to ensure the success of the Agreements in
#499866v20
10898/02701
Kathleen M. Trafford, Esq.
November 13, 2007
Page 3
Principle. My clients also believe that continued litigation could be counterproductive at
this point. However, they are gravely concerned by the administration’s apparent lack of
commitment to the Agreements in Principle and determination to exclude the faculty
from its proper role in addressing the challenges that lie ahead. Therefore, my clients
request that the administration respond to the following questions by the close of
business on Friday, November 16, 2007 so that they can evaluate whether further legal
action will be necessary.
1. Please confirm that consistent with the Agreements in Principle, the
termination letters issued in June, 2007 are no longer in effect and that Dr. Bloch’s letter
dated November 9,2007 to the contrary is rescinded.
2. Please confirm that the administration will follow the Faculty Personnel
Policies and Procedures in implementing faculty reductions and that in accordance with
Section 59.2, the administration will work with ADCll in developing a timetable with
appropriate conditions and criteria for effecting necessary reductions in faculty.
3. Please confirm that the administration will act expeditiously to maintain
degree granting certification with the Ohio Board of Regents and accreditation with the
North Central Association of Colleges and Schools and include the faculty in those
efforts.
4. Please confirm that consistent with the efforts in 3, the administration will
then immediately resume recruiting students, including first year students, for Antioch
College for Fall 2008 and beyond, and will include the faculty in those efforts.
Your client’s prompt response to these issues will be greatly appreciated. Should
your client be unable to confirm any of the foregoing an explanation and/or time frame
for undertaking the proposed actions would be given due consideration by my clients.
In the meantime, please contact me if you have any questions.
Very truly yours,
V:L/2-iL
W. Evan Price II
WEP/mae
Enclosure
534868v1
11413/03779
#499866v20
10898/02701
IN THE COURT OF COMMON PLEAS OF GREENE COUNTY, OHIO
PETER TOWNSEND, et al.
Plaintiffs,
v.
ANTIOCH UNIVERSITY,
Defendant.
Case No. 2007 CV 0745
Judge Wolaver
PLAINTIFFS’ NOTICE OF DISMISSAL WITHOUT PREJUDICE
Pursuant to Rule 41 of the Ohio Rules of Civil Procedure, Plaintiffs hereby
dismisses the above-captioned case without prejudice. Costs to be born by the
Plaintiffs.
Respectfully submitted,
W. Evan Price II (0056134)
Michael R. Goodstein (0080476)
Sabrina Haurin (0079321)
10 West Broad Street, 21st Floor
Columbus, Ohio 43215-3422
Telephone: (614) 221-3209
Telefax: (614) 221-0479
evan.price@baileycavalieri.com
Attorneys for Plaintiffs
CERTIFICATE OF SERVICE
I certify that Plaintiffs’ Notice of Dismissal Without Prejudice was served on
Defendant by sending a copy of it to Defendant’s attorneys, Kathleen M. Trafford and
Kendall S. Verrett, Porter Wright Morris & Arthur LLP, 41 South High Street, Columbus,
Ohio 43215, and David A. Weaver and William R. Groves, Martin Browne Hull & Harper
P.L.L., One South Limestone Street, Suite 800, Springfield, Ohio 45501, by electronic
transmission this 12th day of November, 2007 and by first class United States mail,
postage prepaid, this 13th day of November, 2007.
W. Evan Price II (0056134)
#536042v1
11413-03779
2
Faculty Termination by least Drastic Means
Principles:
One: In the event of “financial exigency” the least drastic means of trimming
faculty numbers should be enumerated by the faculty itself through the faculty
senate and ADCll in order to maximize the perceived legitimacy of such means,
to assure sufficient faculty “locus of control” (a crucial ingredient in the faculty
morale necessary for optimal performance in challenging circumstances) and in
order to maintain proper faculty control over curricular matters.
Two: The first step in any such process should be the determination of where we
stand in regard to faculty numbers for the 2008-09 academic year. We know that
the business plan that was “vetted” by the University BOT called for 32.5 faculty
members going forward. If that is not the target number we need to know why. If
some lower number has been substituted we need to know what that number is
and why. If the reply is that the number cannot be precisely determined at this
time we need to know clearly who will determine that number, when they will
determine it and by what means and criteria the number will be determined.
Three: Regarding the least drastic means we should understand the
implementation of this principle to begin with any actions that faculty members
can take voluntarily including but not limited to the following:
1. Voluntary retirement (the SC should quietly and discretely poll the faculty
for this information)
2. Accepting jobs elsewhere (same as above)
3. Reduction to less than full time. (Faculty should be given the option of less
than full time contracts either on a temporary basis of up to two years or
on a permanent basis).
4. leaves of absence. (All faculty members should be given the option of
taking one or two year leaves of absence as provided for in the FPP.)
5. Faculty who volunteer for retirement, reduction or leaves should be offered
the opportunity to continue teaching voluntarily at their own initiative.
6. Faculty who choose not to volunteer under numbers one to four above
should be polled by the SC regarding the possibility of voluntarily
exceeding their course load to offer a fuller set of courses in their own
areas or in areas left uncovered by current and past faculty attrition or the
voluntary leaves or reductions from full time of other faculty.
7. Cross listing of courses should resume immediately and all courses that
show promise for cross listing should be cross listed, at least for the
duration of exigency and more usefully until enrollments and fund raising
permit the hiring of a full compliment of faculty.
8. Faculty should have the option of reassignment to administrative roles or
other leadership roles which become vacant as the result of attrition, for
example, roles in Student Services, in which they are deemed competent
to serve, and in which they agree to serve until such time as the re
expansion of the faculty permits their return to the classroom.
