Aviation complaint continues to hover
Petition for information denied due to privacy rights, CSU says
Elisha Maldonado
Issue date: 5/13/08 Section: News
A Superior Court judge has denied an SJSU student and a professor's petition for access to a publicly funded report regarding SJSU's aviation department on April 29.
Student Pamela Bohner and Professor Kelly Harrison sued SJSU and the CSU Board of Trustees for a document, which they claimed examined the effectiveness of the aviation department's faculty and general mismanagement of the department.
The university filed a response stating that the report, written by Brad Davis, assistant associate vice president of faculty affairs, after conducting an investigation of the department, did not address the issues Bohner and Harrison were concerned about, but, rather, was a memo concerning former aviation and technology chair Patricia Backer. The CSU cited privacy rights as the reason for being unable to disclose Davis' report.
Backer was a focal point in the investigation because of Bohner and Harrison's accusations that she mismanaged the department. Their lawsuit claimed Backer "hired unqualified faculty, shredded student records, falsified an internal report on the status of the department, changed department curriculum without following university procedures, and worked to remove qualified faculty from the department."
Judge Thomas Cain, however, agreed with SJSU and the board of trustees saying in his written answer that the university's reason for refusal of disclosure "was justified." Furthermore, the judge wrote that the document didn't "contain deficiencies or ongoing problem information" regarding the department. Therefore, Bohner and Harrison's request was denied.
"The judge wrote that the document has no information regarding the aviation department, mismanagement, or other public issues," Harrison wrote in an e-mail. "What this tells us is that after the students complained publicly and asked for an investigation, the CSU and the university ignored them."
Larry Carr, assistant vice president of government and community relations, said that while the university is pleased with the court's decision it takes the privacy rights of employees very seriously.
As to Harrison's comment about the university ignoring the students, Carr said, the administration has been working to change the program.
"The administration at SJSU doesn't set the curriculum for any department." Carr said, "Faculty does that. And, in this case, they have been working on that. We are constantly going through a review process."
Harrison said she wasn't sure of further steps, but said she hopes the students get the answers they really want.
But Carr said Bohner and Harrison, as well as the other aviation students wanting answers, have already been given them: The university has heard them; the university is working on it, but it is going to take time, he said.
"One point I would like to make," Carr said, "is that these are not new messages. These are not new answers. The provost has told the students asking these questions that she has a timeline (for upgrading the program). We have given them this information."
Student Pamela Bohner and Professor Kelly Harrison sued SJSU and the CSU Board of Trustees for a document, which they claimed examined the effectiveness of the aviation department's faculty and general mismanagement of the department.
The university filed a response stating that the report, written by Brad Davis, assistant associate vice president of faculty affairs, after conducting an investigation of the department, did not address the issues Bohner and Harrison were concerned about, but, rather, was a memo concerning former aviation and technology chair Patricia Backer. The CSU cited privacy rights as the reason for being unable to disclose Davis' report.
Backer was a focal point in the investigation because of Bohner and Harrison's accusations that she mismanaged the department. Their lawsuit claimed Backer "hired unqualified faculty, shredded student records, falsified an internal report on the status of the department, changed department curriculum without following university procedures, and worked to remove qualified faculty from the department."
Judge Thomas Cain, however, agreed with SJSU and the board of trustees saying in his written answer that the university's reason for refusal of disclosure "was justified." Furthermore, the judge wrote that the document didn't "contain deficiencies or ongoing problem information" regarding the department. Therefore, Bohner and Harrison's request was denied.
"The judge wrote that the document has no information regarding the aviation department, mismanagement, or other public issues," Harrison wrote in an e-mail. "What this tells us is that after the students complained publicly and asked for an investigation, the CSU and the university ignored them."
Larry Carr, assistant vice president of government and community relations, said that while the university is pleased with the court's decision it takes the privacy rights of employees very seriously.
As to Harrison's comment about the university ignoring the students, Carr said, the administration has been working to change the program.
"The administration at SJSU doesn't set the curriculum for any department." Carr said, "Faculty does that. And, in this case, they have been working on that. We are constantly going through a review process."
Harrison said she wasn't sure of further steps, but said she hopes the students get the answers they really want.
But Carr said Bohner and Harrison, as well as the other aviation students wanting answers, have already been given them: The university has heard them; the university is working on it, but it is going to take time, he said.
"One point I would like to make," Carr said, "is that these are not new messages. These are not new answers. The provost has told the students asking these questions that she has a timeline (for upgrading the program). We have given them this information."
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