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Vol. XLVUI , No. 15 The U of L Student Newspaper January 21, 1977
P sychology student
sues U of L charges
denial of due process
By STEVE WINGFIELD
An agreement to avoid litigation by
awarding a master's degree to a U of L
graduate has resulted in a $25 5,000
lawsuit against the university and several
administrators and faculty.
The student, Jeffrey Smith, recently
won the first round in the lawsuit by
gaining a temporary injunction that
allows him to attend classes. Smith, a
graduate student in clinical psychology,
has been fighting attempted dismissal
from the psychology department since
December 1975.
In the agreement, Smith would have
received a Masters of Scienc~ in
Interdisciplinary Studies, with area of
concentration in Behavioral Sciences.
Also, Smith and the university would
release each other from all future claims
against them.
The agreement also said the degree
would be awarded by December 30,
197 6. If the degree had not been formally
awarded by this date, the agreement said
the university would send certification of
Smith's degree status to institutions or
agencies requested by Smith.
The agreement, dated November 23,
1976, was signed by Smith, his attorney,
University CotJnsel David Baker and Vice
President for Academic Affairs John
Dillon. The agreement also pledged Smith
and anyone connected with the university
"to complete confidentiality with respect
to the terms of this agreement and as to
fact and/or opinion surrounding the
existing controversy between them."
administrators.
The lawsuit said, "Such attack has
received wide newspaper coverage and has
been disseminated to all members of the
graduate faculty; threats have been made
to certain members of the faculty as to
the 'repercussions' if they served on
Plaintiffs {Smith's) faculty committee.
The graduate faculty has become biased
against Plaintiff.
"As a result of the foregoing,
Defendants have breached the contract
by failing to appoint a committee to
certify the academic conclusion reached
by Defendant Dillon (granting of the
interdisciplinary master's degree) on
behalf of the university; these defendants
have been intimidated by Johnson to the
extent that if a committee is formed,
Smith would be required to do additional
work to get the degree."
Besides Dillon, defendants in the case
are Swigart, Dr. James Driscoll, chairman
of the psychology department, Dr.
Joseph Aponte, a psychology faculty
member, the university itself, and the
entire U of L Board of Trustees except
for Student Government Association
President Stephan Phelps and Faculty
Senate President Mary Kay Tachau.
The Smith lawsuit charges the
defendants With breach of contract and
defamation of character.
Jim McGovern director of public
relations says that U of L will settle the
issue in court. "The suit has been fJ.led
and the rna tter will be resolved in a legal
forum," said McGovern.
Photograph by Mike Heitz
Louisville's Larry Williams ( 44) fights with Cincy's Mike Jones (14) for the ball during
U of L 's Victory over Cincinnati Wednesday night.
Smith said he decided to file suit when
it bec-ame clear the university would not
appoint a faculty committee to certify
the degree. He said Dillon and Acting
Graduate Dean Richard Swigart had
assured him the formal certification was
only a formality when the agreement was
signed.
Poll of U of L's graduate faculty
supports Johnson as graduate dean
Dillon and Swigart both denied the
allegation in interviews this week. Baker
refused to comment on the case.
Swigart said, "It is not uncommon to
award a terminal degree like a master's
when the student is not going to finish
the program as recognition of work
already done. I saw no reason why he
should be treated any differently." He
also said the normal method for awarding
an interdisciplinary master's degree was
for a committee to determine whether
the student is qualified.
The formal complaint said the failure
to form the committee was the result of a
"vitriolic attack on the university
administration" by former Graduate
Dean Alan Johnson. In a November
memo to members of the graduate
faculty, Johnson revealed the existence of
the agreement and charged fraud and
corruption on the part of high university
By Gary Mills
An Attorney for Dr. Alan Johnson,
former dean of the graduate school, has
conducted an unofficial poll of the
university's graduate faculty. The results
of the poll were a vote of confidence in
the job Johnson had done as graduate
school dean, a vote of confidence in the
job being done by Academic Vice
President John Dillon and a vote of no
confidence in the way President James G.
Miller is performing his duties as
president.
Four hundred thirty-eight ballots were
mailed out to the graduate faculty on
November 26, 1976. One hundred
twenty-one faculty members responded
with 14 abstaining from the vote.
The first proposition read: "The
graduate faculty have confidence in Dr.
Alan A. Johnson's abilities as an
administrator, and endorse his
performance during the year in which he
was graduate dean." Thirty-nine faculty
members opposed and 62 supported the
first proposition.
The second proposition read: "The
graduate faculty consider the
performance of Dr. John A. Dillon, Jr. in
his role as Academic Vice-President to be
inadequate." Forty-eight opposed and 38
supported proposition two.
The third proposition read: "The
graduate faculty consider the
performance of Dr. James G. Miller in his
role as President to be inadequate."
Thirty-six opposed and 5 2 supported
proposition three.
Contacted about the results of the poll
Dr. John Dillon refused to comment.
President Miller said, "there is no
official ~niversity procedure which would
recognize such a poll, so the results of the
poll can't really be commented on." ·
"I really feel like there is a basic bias
in the poll because of the way the
questions are worded," said Miller. He
. added that since so few members of the
graduate faculty pothered to respond to
the questions, he doubted the results
could be called accurate.
"The board of trustees voted last
surniner when Dr. Johnson was removed
from the deanship to give me a vote of
confidence," said Miller. Furthermore
they did this after reviewing at some
lentgh the reasons for Dr. Johnson's
dismissal," said Miller.
Jim McGovern Director of the Public
Relations Office called the poll
"inadequate". "I don't consider it
anything to get upset about."
"We knew shout it {the poll) but I
don't see why ·t had to be notarized
unless it was going to be used in court,"
said McGovern.