Case No. 86-3031

[Dementia_Madness]

http://www.rae.org/BergmanTenure.htm

Appeal of Judge Walinski's Findings of Facts and Conclusions of Law (R-79), by paragraph number.  Both the plaintiff and the defendants agree that a central issue is related to the right to not conform to norms that plaintiff concludes are non-functional or even dysfunctional.  As the defendants admit, "Dr. Marso, who voted for plaintiff put it, plaintiff "Listened to a different drummer" (TR 846).  Many of the concerns the faculty had with plaintiff fall into the amorphous category of 'non-collegiality.'"  Furthermore the defendants claim that "as indicated by the court in Gottleib vs. Tulane University, 37 FEP cases 116 (Eastern District Louisiana, 1985), that it is a proper consideration in determining tenure" (Brief of Appellees, p. 30). The plaintiff argues that this is not a valid reason to terminate a University faculty