Ohio University officials have told Professor Larry Nighswander, who is being sued for sexual harassment by a former student, that he should resign or risk being fired.
Nighswander, the former director of the School of Visual Communication, is facing a $3 million civil suit by former OU student Rebecca Humes. Humes, who posed topless for photos in September 2002, alleged in the suit that Nighswander repeatedly subjected female students of Ohio University to intimidation and crude and offensive comments and conduct that was of a sexual nature.
Humes also is suing OU as part of the same suit; she claims officials did not properly investigate when she first complained Nighswander harassed her. No date has been set for the trial and the discovery period ends on October 1, said Humes' lawyer Ira Mirkin.
John Burns, OU director of legal affairs, said OU will not spend any money to defend Nighswander, regardless of the outcome in court.
Burns said Nighswander was given no deadline, but was expected to respond in the next few weeks. Burns said he hoped to hear from Nighswander by the end of the week.
Benson Wolman, Nighswander's lawyer for internal university proceedings, said Nighswander has not told Wolman when he will make a decision.
(Nighswander) is contemplating his substantive and procedural options in this manner
he said.
Mirkin said the decision does not change OU's standing as a codefendant in the case. He said the university should have made the decision soon after the lawsuit was filed. It's about time Mirkin said. Understand that this is now coming up on two years since the incident; this is more than a little late to help Becky.
Wolman said no court has found Nighswander guilty. No entity has found him wanting. There are statements being made by the university but no determination in the civil suit or in allegations that might be made internally within the university about his guilt
he said. I always operate from a presumption of innocence.
OU spokesman Jack Jeffery said he could not comment about why OU has suggested that Nighswander resign.
If Nighswander does not resign, the university might try to take away his tenure to fire him, Burns said.
Wolman said removing a professor's tenure is a long and complicated process, and if OU decides to go ahead, it could take a long time to gather witnesses and needed faculty members during the summer.
Burns said the process could take six to nine months, depending on when OU started. If the situation is not resolved by the beginning of the year, Wolman said Nighswander plans to teach in the fall.
Nighswander, who is on a faculty fellowship leave until fall, made $92,000 this year. He has taught classes in photojournalism and photo editing.
Nighswander did not respond to a message seeking comment.
According to the faculty senate handbook, the suspension of a faculty member while the university tries to take away tenure is justified only if the professor's employment could cause harm to himself or others.
As defined by the faculty senate handbook, faculty members can lose tenure if their capability to perform their responsibilities should be seriously questioned. If the matter is not settled by a mutual agreement, Terry Eiler, the director of the visual communication school, would have to make a recommendation to Kathy Krendl, dean of the College of Communication, who would then submit her recommendation to Provost Stephen Kopp. If there is still not a settlement, the president can order a dismissal hearing, which is heard by all third-year members of faculty senate. Burns said he was unsure if OU President Robert Glidden or incoming president Roderick McDavis would handle the proceedings.
The faculty committee's findings would be given to the Board of Trustees, who would then review the case and either accept the decision or send the case back to the committee with any objections. Only after study of the committee's reconsideration should the trustees make a final decision overruling the committee
according to the handbook.
If a tenured faculty member is terminated, the faculty member receives his or her salary for that year, Burns said. Faculty fired on grounds of moral turpitude forfeit that money. Burns said it was not clear if Nighswander would fall under this category.
Eiler had no comment about Nighswander or OU's decision.
Before coming to OU in 1995, Nighswander was an assistant director of picture editing for National Geographic magazine, and he also has been an assistant managing editor at The Cincinnati Post.
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