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UNIVERSITY FIRES CHARTER CRITIC-THE DAILY PROGRESS, NOVEMBER 24, 2005

Posted: Thursday November 24, 2005

University Fires Charter Critic

By Liesel Nowak / Daily Progress staff writer
November 24, 2005

An outspoken critic of the University of Virginia’s charter plan has been fired from her job at the university, and her supporters are charging that she was unfairly targeted and dismissed because of her beliefs.
Until Tuesday, Dena Bowers worked as a recruiter in UVa’s human resources department. She says she was fired that day as a result of a personal message she sent to a colleague Oct. 11 through her work e-mail account.

In the wake of what she calls an abrupt termination, Bowers said she is concerned about what others might think of her character. Others say they’re worried about what the dismissal means for those whose views do not coincide with UVa officials’.

“I have worked hard to earn my reputation as a good citizen in this community,” Bowers said. “I’ve worked for 17 years for the University of Virginia, where I have always maintained a good reputation and received outstanding performance evaluations.”

University spokeswoman Carol Wood is prohibited from answering specific questions about personnel issues, which would include Bowers’ firing. She did, however, address whether UVa would fire anyone for his or her personal views.

“We would never let anyone go from the university for expressing her or his personal views about the university or about any of its policies or any of its procedures,” Wood said. “In an academic community, debate is expected, and encouraged. The university is an environment that was created to foster different voices and different opinions, and anything other than that would go against the grain of who we are.”

The e-mail that Bowers sent contained a document prepared by the Albemarle-Charlottesville NAACP, of which Bowers is a member, outlining what it called “before-and-after decentralization effects on UVa’s medical center employees and anticipated changes affecting UVa’s academic side employees due to charter.”

After Bowers sent the document to her co-worker, who is also a member of the NAACP, the message was forwarded to others. One person believed the e-mail was an official UVa communiqu? and forwarded it to the entire classified staff of the College of Arts & Sciences.

Bowers’ original e-mail contained a personal note to her co-worker and her electronic signature, including her name and position in human resources.

The charter proposal, signed into law by Gov. Mark R. Warner in April, allows Virginia colleges increased autonomy from state oversight. The plan has drawn criticism from labor groups and the NAACP, with concerns that some employees will receive reduced salaries and fewer benefits.

“The real question in this case is whether the university followed a policy that they apply to everyone even-handedly or if they singled her out for retaliation, with respect to the autonomy from state government,” said George A. Rutherglen, a law professor who specializes in employment law.

History professor Paul Gaston said employees and faculty routinely express their personal and political viewpoints – even controversial thoughts – through their university e-mail accounts.

“If all of this is true, then it is extraordinary and inappropriate to dismiss someone for sending an e-mail ? because everybody does that. Not only at our university, but at universities all over the world,” Gaston said. “I’ve never heard of anything like this before.”

Susan Fraiman is an English professor at UVa who has worked with Bowers in the past eight years to improve pay and working conditions for UVa employees and staff.

“I am appalled that the university would abruptly fire a 17-year employee with a stellar job performance record simply because she sent an e-mail disagreeing with the university,” Fraiman said. “I think it sends a chilling message to the university community that private mails are being scrutinized and that dissent will not be tolerated. As a faculty member, I feel this is a blatant attempt to silence free speech. It’s surprising to me that we’re not allowed to express our opinions, even if it doesn’t conform to the university’s views.”

The first indication trouble was brewing, Bowers said, was Nov. 17, when she was sent home early on paid leave. Instead of receiving a reprimand, Bowers said, she was fired five days later after a four-minute meeting with her supervisors.

“I would like for the citizens of Charlottesville and Albemarle County, my former beloved UVa colleagues to know I didn’t hit anybody, I didn’t steal anything. But I was fired on Tuesday the 22nd for sending an e-mail to one person,” she said.

Jan Cornell, president of the Staff Union at the University of Virginia, said she would look into whether university officials followed procedure and would file a grievance in the coming days on Bowers’ behalf.

“The big thing with unions, if it happens to one, it happens to all,” Cornell said. “I’m probably as devastated as she is. That the university would attempt to gag someone like this just because they disagreed with them ?”

A grandmother in her 50s, Bowers said she’s worried about her financial future. She’s already met with a local attorney and lawyers with the NAACP and staff union.

“I am devastated,” Bowers said. “I’m highly concerned for the welfare of my family. My entire short- and long-term financial plan is destroyed.”

M. Rick Turner, a UVa dean and head of the local NAACP chapter, had heard about the matter though he is visiting family in New York. “If in fact Ms. Bowers was terminated because of an e-mail she sent regarding NAACP business, the NAACP would take this as an affront to the association,” Turner said.

Contact Liesel Nowak at (434) 978-7274 or lnowak@

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UNIVERSITY FIRES CHARTER CRITIC-THE DAILY PROGRESS, NOVEMBER 24, 2005

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