Ever since the original charges had
been made, the Public Protection Division of the Attorney
General’s Office had been investigating the
case brought to it by Diana. It functioned to
protect the legal rights of Diana and provide a copy
of its report to the Equal Employment Opportunity
Commission (EEOC).
It had been denied access to the previous
three day hearing by the Belmont administration, but
was promised the hearing transcript. After a
great deal of prompting, the transcript, all 700 pages
of it, had been sent to the Attorney General’s
Office as agreed.
It was copied and shared with the
attorney representing Diana, Al Garrett. He
was appalled at the way the university administration
had handled the hearing and felt that all that was
needed was to hit the university administration with
legal paperosa plentimus and they would soon see reason.
He was unaware that the age of reason
had not yet penetrated Belmont University. Their
axiom was, ’Reason? There is no reason,
it’s company policy.’
The ensuing legal detritus delayed
the reconvening of the second round of the university
hearing, but didn’t prevent it. In the
short time given, Diana obtained affidavits from a
prominent document examiner and a promise of testimony
from the university psychologist.
A court reporter was once again recording
the proceedings, but it wasn’t Janet.
The surroundings had changed also. Now, they
were all sitting around a table in a very large auditorium
in the English Department.
Diana had an attorney present, but
university policy prevented him from doing anything
except whisper instructions to her. Of course,
they had talked beforehand and had planned how the
defense part and cross examination would go.
Even so, the attorney was still in the court mode he
had little or no concept of a university hearing and
much of what went on left him stunned with disbelief
and unable to provide much direction. When he
tried, whispering furtively into Diana’s ear
to do this or say that, it made Diana little more
than a puppet dangling on one string, and just as
effective. One thing for certain, thought Diana
as the hearing progressed, someone should tell lawyers
about breath mints!
As soon as she could gain recognition
from the chair, Diana requested that the hearing be
open. “The purpose of a closed hearing
in personnel matters is to protect the employee.
I waive that protection.” To herself,
she thought, I know from experience that I have much
more protection in public opinion than I have as a
member of the faculty of Belmont University.
“Interested citizens and the
press are waiting outside. They were prevented
from coming in. I respectfully request that they
be allowed to enter.” Prevented was right,
she thought, a plethora of Kampus Kops was guarding
the door of the hearing room. Henry was indeed
worried that the goings-on in the hearing room might
be observed by an impartial observer and had taken
steps to prevent it.
“No.” He answered,
“It is the policy of the university that hearings
be closed. We will now proceed to the testimony
of the second document examiner.”
Henry was pleased to note that while
Amos Avery, the handwriting analyst, was being sworn,
the panel members played with the files on the table
in front of them. He had met with each of the
women individually and had whipped them into line.
His eyes sparkled as he recalled their helplessness
and his feelings of power.
Henry next proceeded to enter into
evidence various letters and the handwriting documents.
Diana, under instructions from her attorney, objected.
Objections which would have been given credence in
a court of law were just ignored by Henry. The
only thing all the legal patter accomplished was to
increase the tension and the red in his face.
Well, I’ll just have to bear
it, he thought grimly. That sharp lawyer, Simon
Murrain, hired by The Pope to advise them on both hearings
had been adamant. “Always let her speak.
You can interrupt her witnesses, you can even ignore
what she says or refuse what she may request.
But always let her have her say. We can’t
have her complaining that she didn’t get a fair
hearing.” Henry remembered how he had laughed
at the simplicity of that strategy.
Concerning what she was saying now,
Henry wasn’t about to pay any attention.
The objections Trenchant was making were important,
having to do with the evidence. The writing
used as standards were still not authenticated.
The copies of microfiche files were almost unreadable
due to their being covered with dots and black lines.
In contention were the extra standards
that this analyst had requested since he could not
be sure of the authorship of the ‘suspect’
SmurFFs using the same standards provided to the first
analyst.
“You are not following any rules
of evidence here,” Trenchant was continuing.
“You are just submitting things on a whim.
You have given this examiner copies very
bad copies of material supposedly from my
personnel file covering a period of over twenty years.
Even if authentic, these documents contain the handwriting
or printing of at least seven other people, possibly
more, and I see nothing that delineates which of all
these different writings is supposed to be the standard,”
she argued.
“Some of the writing on these
was written entirely by my daughter or son,”
Diana held up the documents for inspection.
“These tuition exemption forms were filled out
and signed with my name by either my son or my daughter,
for example. The rest of the writing is by a
personnel officer.
“I am surprised that you didn’t
send samples of writing from the entire university
while you were at it,” she finished sarcastically,
disgust clearly portrayed in her voice and on her
face.
“This hearing is being held
solely to hear the report of this document examiner.
You will be given a chance to comment on his report,”
Henry continued, blithely ignoring Diana’s protest.
“Who made these rulings?” queried Diana,
prompted by Al.
“Pardon me?” Henry asked.
“Who made the rulings concerning the admissibility
of these standards?”
“I am reading the ground rules
for this hearing which are contained in my letter
to you. I am entering it into the proceedings.”
“So. Who made the ruling? Not the
committee!”
“The committee is aware of these things.”
“The committee is just going
along with whatever you propose. Why can’t
you admit that you are making the rules of evidence?
Why do we need the rest of the panel?”
“The committee made the decision
and can speak up if they do not agree.”
All of the women on the panel busily shuffled papers
and Anuse beamed like a misplaced beacon. The
silence of the panel told it all. Three cowered,
two glowed. Henry was confident.
Well, thought Diana, we knew it would
be a struggle. Turning to the material she and
Al had prepared, she read into the record, once again,
that she wanted an open hearing. That she
had nothing to hide.
Continuing on, she brought out other
legal points that Al felt needed to be in the record.
“We have over and over again requested documents
from the university and been denied them. You
have provided me with nothing with which I can dispute
your case. I am referring to some six hundred
student SmurFFs that were referred to by your witnesses
in the last hearing, over thirty times, yet never
once were they given into evidence.”
“What are you going on about?” Anuse
feigned boredom.
“I am talking about the student
SmurFFs that I requested at the last hearing.
The charge was made that the ‘suspect’
SmurFFs were totally different from normal student
SmurFFs and I need those for you to see that in reality,
they are quite similar.”
“I’m willing to believe
the testimony that they exist and what they are represented
to be. I don’t need to see them in person.”
Nonchalantly, Anuse destroyed any illusion of committee
impartiality with this remark. The committee’s
report to The Pope would remove any doubt that might
linger.
Henry called a recess. It always
seemed to work to break up the flow.