Northwest College attorney refutes retaliation allegations

Posted 4/26/16

“I would advise you that your accusation that the College is making decisions based on the content of some articles published in the Northwest Trail is inaccurate and false,” attorney Tracy Copenhaver wrote Thursday in a letter to Cheyenne …

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Northwest College attorney refutes retaliation allegations

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Credential review process didn’t target journalism instructor, college attorney says

Accusations that a credential review process at Northwest College inappropriately targeted the journalism instructor because of stories that appeared in the student-run newspaper were strongly refuted by the college’s attorney last week.

“I would advise you that your accusation that the College is making decisions based on the content of some articles published in the Northwest Trail is inaccurate and false,” attorney Tracy Copenhaver wrote Thursday in a letter to Cheyenne attorney Patrick Hacker. 

Hacker sent a letter to NWC President Stefani Hicswa on Wednesday, saying the credentialing process had become a “moving target” for journalism instructor Rob Breeding, and said it appeared that it might have been motivated by stories that had appeared in the Trail. He also questioned administrators’ conclusion after the review that Breeding must take 18 hours of post-graduate courses in journalism, and that a year will be added to his tenure track process.

Copenhaver, in his letter, said the college’s credential review process focuses on qualifications established by the Higher Learning Commission, the regional accreditation agency for colleges and universities.

“Northwest College has attempted to review qualifications of all instructors, not just a few, and certainly not just Rob Breeding,” Copenhaver wrote. “To our knowledge, all instructors that were similarly situated have been treated alike. Rob’s situation is somewhat unique, in that he does not have tenure. The idea to offer the delay of one year for tenure purposes was to benefit Rob not hurt him.”

Copenhaver said it could hurt Breeding’s chances for tenure if he has not met the credentialing requirements by the end of the five-year tenure track.

“The idea of postponing that was to give Rob adequate time to acquire in a very reasonable time line the necessary course work to meet the HLC and NWC requirements,” he wrote.

“You have suggested that the process at the College of reviewing and establishing Mr. Breeding’s qualifications under the new standards were proceeding without concern,” Copenhaver said. “If you are talking about Mr. Breeding wanting to develop an entirely new method for qualification based upon experience, then it would not be accurate to say that was proceeding without concern. I believe the Vice President for Academic Affairs made it clear to Mr. Breeding some time ago what the HLC standards were and what his expectations were for Mr. Breeding to acquire those qualifications.”

Copenhaver said that issue was raised in June 2015, “long before the Northwest Trail articles he has erroneously suggested are a motivation for reviewing faculty qualifications.”

Copenhaver said the college will follow its policies while it takes a close look at positions or programs “to the extent financial circumstances necessitate.”

“Merely because an employee or his/her attorney makes unfounded accusations of discrimination or violation of rights will not dissuade the College from complying with its policies” to make decisions that are in the best interests of the college and its students, he said.

“(S)hould the college need to take action that affects College personnel, that decision will be squarely based upon factors that are appropriately and legally utilized,” he wrote.

Copenhaver said the college also disagreed with “your accusation relating to Mr. (Rob) Stothart’s resignation.”

Stothart, who was the chairman of the NWC grievance committee, resigned during Breeding’s grievance process. Hacker’s letter indicated that may have been because Stothart disagreed with the way Breeding’s case was being handled.

According to Copenhaver, “Mr. Stothart was not a decision-maker in the dispute resolution process, but rather, a facilitator.”

“The College neither asked for nor coerced Mr. Stothart into resigning,” Copenhaver said. “There is some concern that Mr. Breeding’s conduct toward Mr. Stothart may have been a factor in his decision to resign.”

Copenhaver said Breeding and other faculty members “may convince the Board of Trustees to adopt some alternative experience equivalency criteria.” But, until another policy is adopted, “Mr. Breeding should work closely with Mr. (Gerald) Giraud to meet the faculty qualifications required by NWC. My understanding is that he has agreed to an education plan which he needs to complete.”

Copenhaver strongly requested that Hacker send future communications regarding Northwest College directly to him rather than to the college.

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