I thought many of you may be interested in our current plight at OK State. The significant difference, which I'm sure will not be lost on you, is that we have a Provost who fulfills those responsibilities. I don't expect it will make you feel better, but others of us face somewhat similar circumstances.
Okie Eagle
Some faculty members fuming over deal
By Van Mitchell Stillwater NewsPress
An agreement between Oklahoma State University and two former information technology employees has left some faculty members fuming and asking for the resignation of Gary Wiggins, OSU’s IT vice-president.
Lionel Raff is a regents professor of chemistry and chair of the OSU faculty council.
Raff met Tuesday with OSU provost Marlene Strathe outlining his frustration with the agreement and with Wiggins.
“I personally consider it not possible to go forward with Wiggins as vice-president for IT,” Raff said. “The (faculty) officers conveyed the same sentiment to the provost.”
Raff sent out a faculty council summary Tuesday telling faculty members OSU had no right to make such an agreement and not tell the faculty.
“Neither the university legal counsel nor vice-president Wiggins has a right to sign an agreement that binds the faculty of Oklahoma State University without their knowledge and consent,” Raff wrote. “They most certainly do not have the right to sign agreements that abridge the First Amendment rights of the faculty. I am appalled and outraged at this and unequivocally reject the content of this agreement.”
Wiggins declined comment on Raff’s statement.
According to a published report, the agreement between the school and the former employees, Brandon LaBonte was paid $16,083 and agreed to resign from the university.
Former employee Michael Hewett was paid $12,883 in a similar agreement.
The two were forced to resign after allegedly taking software from Texas Tech University and using it at OSU without permission.
Wiggins said typically most agreements with exiting university employees are done confidentially.
The signed agreements obtained through open records requests state that the former employees agree “to make no adverse comments about Oklahoma State University to any third parties.”
LaBonte and Hewett also signed documents giving up their rights to sue the university.
OSU also agreed to give the employees favorable job references.
A review released June 25 by the General Counsel’s Office at OSU stated that the two employees “more likely than not” gained unauthorized access to computer systems at Texas Tech University to copy that school’s software.
Both employees previously worked for Texas Tech and used an old user name and identification to log onto Texas Tech’s computer system and get programming code that was used to create OSU’s online events calendar.
LaBonte was the director of software services at OSU. Hewett was his assistant.
The report also states that the OSU employees had a disk loaded with Texas Tech software and other folders that contained “confidential information relating to TTU students, employees or computing systems.”
Raff said Strathe met with OSU Presidnt David Schmidly Tuesday during a regularly scheduled cabinet meeting.
Raff said he doubts Schmidly will ask for Wiggins resignation.
“I would like to see him ask for the resignation of Wiggins,” Raff said.
“It would certainly simplify matters if he would do so. I don’t think he will do so, but he could surprise me.”
Raff said if Schmidly doesn’t ask for Wiggins’ resignation, he could call for a special faculty council meeting.
At that meeting, a motion could be made for a no-confidence vote on Wiggins.
If the motion passed, Raff said the general faculty would then have to vote on the issue.
The faculty council hasn’t met since June 8 and isn’t scheduled to meet again until September.
Raff said he believes there is strong faculty support for Wiggins resignation.
“If I judge by my email, I haven’t gotten one single supportive message (for Wiggins),” Raff said.
Lionel M. Raff Regents Professor Chair of the General Faculty
As most of you are probably aware, Vice-President Gary Wiggins resigned on Friday, July 9, 2004. There are some facts, as well as some personal opinions, that I would like to convey to all Faculty and Administration.
Dr. Wiggins made his decision voluntarily. He was not asked to resign by either the President or by the OSU Board of Regents. He made it clear that he believes that he knows what things need to be done in the IT Division to make it function efficiently, but he had doubts, given the present situation, about his ability to lead and to execute those plans. Therefore, he felt that it was in the best interests of the University that he submit his resignation. I concur.
The President plans to place the IT Division under the direction of Vice-President David Bosserman for an interim period of six months. Dr. Bosserman has some experience in IT matters and a wealth of experience and expertise in financial and personnel management matters. He is fully aware that the University is on a very short time frame to make e-mail and other technical matters in IT functional before the students return in August. He plans to solicit advice from current staff in IT and from the IT Committee of the Faculty Council as to who should be on his leadership team and as to the best plan to make things function efficiently. The Faculty Council IT Committee and the IT Staff are meeting Saturday morning, July 10, to address these issues.
On Friday at 3:00 PM, I met with the President Schmidly, Provost Strathe, Vice-President Bosserman, Chief of Staff Goodbary, and the University's Legal Council, Scott Fern, to examine both the separation letter and Dr. Wiggins' resignation letter. The separation letter provides 3 months of salary, $8,000 in moving expenses, and pay for all accrued annual leave. There are no other provisions or stipulations in this agreement that guarantee positive recommendations, violate first amendment rights, or that require silence. In my opinion, the agreement is fair, reasonable, and appropriate. I recommend the Faculty and Staff support it fully. I found Dr. Wiggin's letter of resignation to be honest and forthcoming. It is a class performance that has spared the University a great deal of expense and damaging publicity.
I wish to take this opportunity to emphasize two additional points:
First, there is no evidence that Vice-President Wiggins was involved of the theft of intellectual properties from Texas Tech University. He neither authorized such action nor did he know about it in advance. On the afternoon of June 25th, M. Scott Fern, University Legal Counsel, met with Dr. Moder, Dr. Strathe, and me for 90 minutes. During this time, he went over all the evidence that had been collected in 41 days of intense investigations that involved interviews of over 30 individuals, some multiple times. He responded fully to all questions. Over the weekend, I realized I still had questions and some doubts. I requested and was accorded another meeting with Mr. Fern the following Monday. This meeting lasted another 90 minutes during which I explored all remaining questions. At this point, I am completely convinced that there is no evidence tying Dr. Wiggins to any of the actions taken by the two IT employees who have resigned.
Second, a report that appeared in the Daily Oklahoman on Thursday, July 8, 2004, to the effect that President Schmidly knew in advance of the secret agreements signed by Dr. Wiggins with the two IT employees is unequivocally incorrect. At our meeting on Thursday morning, July 8, Dr. Schmidly expressly denied having such knowledge or having approved of these agreements in advance. Moreover, the Faculty Council officers had already obtained independent corroborating evidence that he had no advance knowledge of those agreements.
The past five months have been a difficult time for the University. We still must address some technical problems in the IT Division, but Dr. Bosserman and the IT personnel have the expertise and determination to handle these problems.
I want to close this third summary update by extending my thanks to Professors Carol Moder, Bob Darcy, Birne Binegar, and Mark Weiser who have worked more hours than I can count and devoted all of their considerable skills to finding solutions to the problems that continued to arise. The members of the Faculty Council's IT Committee have been working almost everyday conducting what is probably the most extensive and thorough investigation ever undertaken by any Faculty Council in the history of the University. Many Faculty, Staff, Alums, students, and citizens of Oklahoma have taken the time to write to us expressing support and advancing suggestions as to ways we might effectively proceed. I am deeply grateful for this support. The OSU Legal Council was helpful throughout the past months. Many members of the Administration had to make difficult decisions. They made them and they made them with the best interests of the University, the students, and the citizens of Oklahoma in mind.