General Denial and Conspiracy of Silence
John F. Swiney (with Emmert, Jackson, McIntyre, Soltz, and Tullos)
Case studies address repugnant moral and ethical behavior experienced in US universities
during many years as a corporate CEO and professor.
Charlotte E. Tullos, Vice President for Student Affairs and Enrollment Management, Central Washington University, a state officer and John F. Swiney’s immediate supervisor, wrote in a message to Contra Cabal: “. . . I am very proud to have John Swiney as part of my team. I am not part of past
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By her general denial, Tullos has evidently tried to choke any independent investigation that could place her institution in a bad light despite the possibility that Swiney could repeat his aberrant and unlawful behavior on her campus. Instead of investigating the circumstances surrounding a complaint, Tullos effected a general denial and probably made herself an accessory after the fact to alleged criminal activity under the Revised Code of Washington.
A person legally accountable for the conduct of another person may be convicted on proof of the commission of the crime and of her complicity therein, though the person claimed to have committed the crime has not been prosecuted or convicted or has been convicted of a different crime or degree of crime or has an immunity to prosecution or conviction or has been acquitted. RCW 9A.08.020. Liability for conduct of another - Complicity. Gross Misdemeanor. 1 year imprisonment and/or $5,000 fine.
Tullos and her supervisors Jerilyn S. McIntyre, President and David L. Soltz Provost/Senior Vice President for Academic Affairs have a responsibility as state officers to address alleged criminal issues prior to, and arising from, their employment of Swiney. The term “state officer" means a person who holds a position of public trust under an executive office of the state. This particularly includes university executives who engage in supervisory, policy-making, or policy-enforcing work.
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Emmert |
McIntyre |
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Both McIntyre and Swiney had previous connections with Stanford University, University of Washington, and California State University (CSU-Chico) which smacks of more than coincidence. Soltz, another product of CSU (LA and Long Beach), claims that he functions as the “internal president” of CWU and regularly participates and provides testimony to legislative committee hearings.
McIntyre and Soltz maintained political silence despite their legal responsibility to investigate alleged criminality among employees. For people occupying three of the top jobs at Central Washington University (CWU) to turn their backs on crimes allegedly committed by a CWU employee in the same higher education system to which they owe allegiance boggles the mind.
Their attitude reminds one of a quotation attributed to Herbert Spencer: “There is a principle which is a bar against all information, which is proof against all arguments and which cannot fail to keep a man in everlasting ignorance - that principle is contempt prior to investigation”.
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The irony of Soltz’s silence becomes evident when one understands that as a member of American Association of State Colleges and Universities (AASCU) American Democracy Project Implementation Committee, he develops a multi-campus initiative that seeks to create intellectual and experiential understanding of civic engagement for undergraduates - a project that aims at producing graduates who understand and commit to engaging in meaningful actions as citizens in a democracy.
CWU executive behavior complements the hubris of Richard S. Neel (University of Washington - UW), C. Lee Odell (Rensselaer Polytechnic Institute - RPI), and John F. Swiney (Central Washington University - CWU).
[Malicious Evaluation and Career Devastation] [Conspiracy of Silence] [Silent Withholding]
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Government derives its powers from the people. Ethics in government are the foundation on which the structure of government rests. State officials and employees of government hold a public trust that obligates them, in a special way, to honesty and integrity in fulfilling the responsibilities to which they are elected and appointed. Paramount in that trust is the principle that public office, whether elected or appointed, may not be used for personal gain or private advantage. The citizens of the state expect all state officials and employees to perform their public responsibilities in accordance with the highest ethical and moral standards and to conduct the business of the state only in a manner that advances the public's interest. State officials and employees are subject to the sanctions of law and scrutiny of the media; ultimately, however, they are accountable to the people and must consider this public accountability as a particular obligation of the public service. Only when affairs of government are conducted, at all levels, with openness as provided by law and an unswerving commitment to the public good does government work as it should. The obligations of government rest equally on the state's citizenry. The effectiveness of government depends, fundamentally, on the confidence citizens can have in the judgments and decisions of their elected representatives. Citizens, therefore, should honor and respect the principles and the spirit of representative democracy, recognizing that both elected and appointed officials, together with state employees, seek to carry out their public duties with professional skill and dedication to the public interest. Such service merits public recognition and support. All who have the privilege of working for the people of Washington state can have but one aim: To give the highest public service to its citizens. |
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Neel, Swiney, and Odell tried to justify their mutual denial of equal opportunity and human rights by conspiring to destroy credentials despite repeated verification of them by other universities and agencies approved by US Department of Education (USDE). USDE found probable cause for investigation based upon affidavits filed by the victim and a University of Washington tenured professor adversely affected by the unlawful activity.
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Neel, a professor in College of Education, UW, now directs its Experimental Education Unit (EEU). His dean, Patricia A. Wasley has a responsibility as a state officer to address alleged criminal issues which accumulated prior to her appointment. Contrary to legislative mandates, Wasley has neglected to follow up on reports of wrongdoing by Neel, former Assistant Dean Stephen T. Kerr, and UW Lawyer Steven G. Olswang, all professors in College of Education under her authority. Odell, a professor in Language, Literature and Communication (LL&C) concurrently holds a position as Associate Dean, Humanities and Social Sciences (H&SS), RPI. His dean, John P. Harrington continues to cover up Odell's behavior by not investigating his alleged criminal activity; instead, he maintains political silence.
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A thorough nine-month investigation by attorney Kenneth E. Himma, appointed while at UW by American Civil Liberties Union (ACLU) and now Associate Professor, Department of Philosophy, Seattle Pacific University, verified the documents and recommended civil and human rights action against University of Washington which an ACLU committee approved.
As a University of Washington Vice President, Steven G. Olswang allegedly had American Civil Liberties Union hearings unlawfully quashed by trading off unrelated issues as he did with the complaint to US Department of Education. He also authorized a series of kangaroo courts and collaborated with deans and department chairs in forgery, destruction of records, and denial of due process of law. As a lawyer, he remains liable to disciplinary action by Washington State Bar Association. [Sherking Responsibility]
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Swiney left University of Washington to become Director of Admissions and Records, California State University, Chico after allegedly committing crimes under Washington law. He has reentered Washington jurisdiction by moving to Central Washington University (CWU) as an associate vice president for enrollment management. CWU announced that Swiney will: “. . . work in concert with the members of the summit team on completing and implementing the plan. Once the plan is fully developed, it will be made available to the entire campus community” - whatever that nebulous description means.
The term “general denial” relates to arbitrary dismissal of a complaint without considering the evidence submitted or even recording it. Swiney tried to pervert the course of justice by fabricating or interfering with evidence and threatening or intimidating a witness which classifies as a criminal offense punishable by a jail sentence. Tullos chooses to distance herself from his behavior although mandated by state law to address it.
By her general denial, Tullos effectively condones behavior that the legislature requires her to thwart. In fact, she has now become part of the problem and not the solution by neglecting to address unethical or criminal behavior past or present by her employee. Apparently, she has chosen to participate in malfeasance as an accessory after the fact.
Washington State legislature has determined that ethics in government form the foundation on which the structure of government rests. It claims that state officers and employees of government hold a public trust that obligates them, in a special way, to honesty and integrity in fulfilling the responsibilities for which appointed and that they must remain subject to the sanctions of law and scrutiny of media.
By state mandate, Tullos must consider public accountability as a particular obligation of public service. Only when CWU administrators conduct their affairs with openness as provided by law and an unswerving commitment to the public good does university government work as it should.
The law does not allow universities to make interpretive rulings or construe meaning of law; however, Tullos has interpreted rules and decided the general object and purpose of law by using a general denial. She has construed meaning from her own interpretation of functions beyond her purview. As a state officer she must read the statutes as a whole to arrive at a meaning and effect that satisfies the overall legislative purpose and intent then McIntyre and Soltz must act upon it.
See also: [Curriculum Vitae] [Malicious Evaluation and Career Devastation] [Educational Qualifications]
[Arbitrary and Capricious Evaluation] [Criminal Conspiracy] [Conspirators] [Co-conspirators]
[Sherking Responsibility]
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Contra Cabal web sites have achieved an extraordinary readership. If Paul Trummel dies before he completes his work, then trustees have authority to continue publication as an educational project through the newly formed Contra Cabal Foundation, London which will own all publication rights. The Foundation will publish Contra Cabal in perpetuity in the way that Sonia Orwell posthumously published the collected works of George Orwell. Foundation trustees and directors (professional people, lawyers, and academicians in UK and US connected directly and indirectly with the International Federation of Journalists) will supervise editorial and design functions using young investigative reporters and graphic designers who wish to further their education in journalism. They will receive trade union freelance rates of payment for their work. The Foundation will respect former trustee the late William D Winn's last admonition "Go get 'em!" by continuing to report academic malfeasance and to expose morally repugnant academicians and public officials. Readers should consider the articles and case studies as a work in progress. More information about academic or government fraud and deceit frequently surfaces after victims or their associates read Contra Cabal. That information becomes part of a relevant case study after verification and validation. Students and current faculty members write letters to the editor on politically sensitive issues. Some correspondents request name withholding to avoid retaliation. Contra Cabal electronic magazine contains expose and satire. Probably one of the first to appear on the web, it has now published since 1992. The hits/month range between 100,000 and 150,000 with more than 1.5 million hits by about 60,000 unique visitors during the past twelve months. The "New Releases" menu lists new, updated, or revised articles on the four Contra Cabal sites. |
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Paul Trummel PhD (RPI ABD), PhD (UW ABD), MS (RPI), MSc (UK), BSc (UK) Associate Professor, Communication and Rhetoric (Retired) International Federation of Journalists, Brussels (International Press Card)
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© Copyright 2007 by Paul Trummel |
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