PRESS RELEASE

All You Have to Do Is Go Out and Prove Your Innocence
Professor Seeks Justice After 3 1/2 Years

The current practice of sexual harrassment litigation creates absurd situations that destroy careers and cause significant harm to employer, accused, and claimant alike. In this respect, the case of Professor Leroy Young, which is scheduled to go to trial shortly in Concord, NH is a case of national significance that illustrates the untenable situation created by the current wave of sexual harrassment litigation.

In March 1994, Young, a tenured Professor of Art at Plymouth State College (PSC) of the University System of New Hampshire was dismissed by first year President of the college, Donald Wharton. His dismissal was based on unproven accusations of sexual harassment made by a student, Tracy Schneider. Ms. Schneider had graduated from PSC the previous year and had passed the time limitation set forth by the college for any complaint.

Formal charges were never filed against Professor Young by the college and he was not afforded a hearing before a panel of his peers prior to dismissal. This was done in violation of the PSC Faculty Handbook which serves as a contractual agreement in most university systems. In three meetings with the president and university counsel, Ron Rodgers, Professor Young was not shown any evidence of impropriety on his part and was told that he would not be told the witnesses for Ms. Schneider. Professor Young submitted to a polygraph test conducted by an expert and the results confirmed his story. Nevertheless, the president subsequently held a press conference and announced that Professor Young was being dismissed because of moral delinquency of a grave order, neglect of duty, and lying.

Having lost his source of income, Professor Young filed for unemployment with the state. Although the request was initially denied, a subsequent hearing at the State of New Hampshire Unemployment Appeal Tribunal found that the employer had provided no credible evidence to support its position, that the claimant had been discharged for other than cause, that there had been no supporting evidence for the dismissal, and that the University conduct had been reprehensible.

Professor Young followed the university system and Plymouth State College guidelines for a hearing and the Faculty Committee chaired by Professor A. Datta decided that a hearing was not a part of the university policy because Ms. Schneider was no longer a student and had not been a student when her complaint was made. Again requesting some type of hearing, a Special Faculty Hearing was eventually granted. This hearing occurred fourteen months after Professor Young's firing. The faculty committee chaired by Professor Herb Otto found that the president had fired Professor Young without proper cause and had libeled the professor in his press conference. The committee also recommended that Professor Young be placed on paid leave of absence pending his continuation in the appeal process. Immediately after this, the president rehired Professor Young and dismissed him again the following day.

Throughout this ordeal, Professor Young's wife of 32 years, Tatum Young, has remained his strongest ally and supporter.

Ms. Schneider obtained new counsel in 1996, Chuck Douglas and Suzanne Robinson, who continued a suit in state court on her behalf suing the college for not firing the professor sooner. Because the college had never investigated her allegations, it had no evidence to dispute her claims of negligence. She was awarded $115,000. The college's counsel, Mr. Joseph M. McDonough of Devine, Millimet and Branch has filed an appeal on behalf of the college. Professor Young was approached at one point and asked if he would be open to appearing as a witness for the college in this appeal.

Professor Young and his wife have filed suit in US District Court in Concord, New Hampshire based on violation of his Constitutional rights, lack of due process, wrongful dismissal and defamation of character. The college requested non-binding mediation and made an unacceptable monetary offer of $80,000. Professor Young rejected the offer made because his main concern is his good name, character, and ability to obtain employment. He is also concerned that if one university system can dismiss a tenured professor without due process, then other university systems may follow suit for any arbitrary reason. Tenure and academic freedom will no longer exist in the educational system and lives and careers will continue to be destroyed.

Contributions can be made to:

Leroy and Tatum Young Legal Defense Fund
Post Office Box 10533
Asheville, NC 28806

The Youngs can be contacted at:

704-665-7478 home
704-665-7413 fax
lroy_tatum@ioa.com e-mail