Sunday, February 11, 2007

What is the meaning of "right to first consideration"?


Gensler's notorious Avenger of Blood

I FINALLY HAD A CHANCE to read the entirety of the Appellete Court's recent (1/30/07) DECISION to uphold the OC Superior Court's rejection of instructor HOWARD GENSLER's writ. Gensler, acting as his own attorney, sought to have the courts override a decision by his dean (Pat Flanigan) not to grant him six summer courses (2006). The Superior court rejected Gensler's claim. A few days ago, the appellate court upheld that decision unanimously.

For those interested in the rights of full-time and part-time faculty with regard to course assignments, the court's decision makes for interesting reading. Here's the crucial paragraph:
At bottom, Gensler confuses the right of full-time faculty to first consideration in selecting courses with a right of first refusal, which does not exist. And he also overlooks the Dean’s right to decide the appropriate workload for faculty members. The evidence shows Gensler’s course requests were fairly considered before any courses were given to part-time faculty, and the Dean’s decision to give him only three classes was reasonable, so no basis is shown for issuing a writ of mandate.
See also: The Howard Hilton

18 comments:

Anonymous said...

Sounds like not only a loss for Howard but a loss for the faculty association. How sad.

Anonymous said...

The irony is that not so long ago, Gensler was the dean with the right to assign. Remember his rule against back-to-back classes? He mistrusted faculty because his greatest desire was to be an embarrassingly irresponsible member of the faculty. And now he is. Way to go, Raghu and Glenn.

Anonymous said...

3:38, How do you fiqure this ruling is a loss for the faculty association? The FA hade nothing to do with this ruling. Also the FA knows the Deans have the right of assignment. Do you have a problem with the FA?

Anonymous said...

Successful leaders surround themselves with good people and poor leaders pave their way on the corpses of losers. Howard is only one in the long line of Raghu's dead that provides subject matter for DtB. What folly. There is no question public education needs a complete overhaul.

Anonymous said...

When will these trustees figure out that Raghu's hires have been, and continue to be, a source of serious discord, low morale, inefficiency, bad press, and litigation! Gensler is just one of many Mathurian stars. Wayne Ward is another.

TRUSTEES, GET A CLUE!

Anonymous said...

Yes, I have a problem with the FA, 5:44, in fact all labor unions are on my hit list. They're nothing but self-serving anachronistic parasites that need eliminating.

Anonymous said...

Suing for the 'right' to be overworked? What teaching load is considered full time? Even if you are full time, are you still paid by the course?

Over here, people who teach 6 courses do not always do a very good job ... not enough hours in the day ... although some insist on it, for the money. The extra courses are fought over and have go to on strict rotation among the people who want them. If not, it looks like nepotism and so on. (Of course, we have far worse forms of nepotism in this state, but still.)

Anonymous said...

Well, 6:11, you've obviously never worked in an arena in which workers need protection from true exploitation. Think of coal mines, etc. If employers had a more ethical perspective, you may be right. But you're not.

Anonymous said...

I have absolutely no reason to care what misfortunes befall Howard Gensler, but this really does illustrate the ineptitude of the Faculty Association. With this ruling, tenured faculty can be denied access to overload, summer school or any other assignment for which they are qualified.Further it puts a tool in the hands of administration to assign whomever they want whenever they want. Once upon a time faculty had first right of refusal for overload and summer assignments. The Union screwed this one up.

Anonymous said...

Hmmm. Doesn't the faculty association represent part-time faculty too, 4:40?

besides, Howard took ths case on himelf - the FA stayed out of it - and for good reason. He's a loon.

Anonymous said...

But have you read the entirety of The Avenger of Blood????????

Anonymous said...

You'd think someone somewhere would do a story on how that guy got his job and got tenure considering all that is known about him, let alone his scholarship and ability to instruct.

What a scam.
What shame.

How embarrassing for ths district - let alone the liability factor.

Anonymous said...

Wait until Howard's stduents tansfer to another institution and discover what they didn't learn at ours.

Anonymous said...

Is Howard scheduled to teach in the Early College Program?????

Anonymous said...

Howard and Miss Fortune were discovered in a compromising position in the old board room late one night after the trustees adjourned the meeting. That's why he's bullet proof.

Anonymous said...

Chunk, Do you have any pictures of Howard and Dot?

Anonymous said...

I love a good Valentine's Day story, but the one posted here about HG and Dot is not up there with the greats. Anyway, I don't believe SOCCCD rumors until they've been officially denied.

Still, I do have a question or two. If it is true . . does this mean that if I show poor taste in sexual partners I, too, will be bulletproof? If so, do past sexual partners count or do I have to mess up again in the future? If it has to be in the future, can I repeat a previous embodiment of poor taste, or do I have to find a new one? Do we have to be in the Board room too, or will anywhere on campus do? Finally, please tell me it doesn't have to involve a trustee.

No joke now - such a thing wouldn't make him bulletproof. But his seeing somebody ELSE might . . . . what's for sure is that something did . . . .

Roy Bauer said...

I've never heard this "compromising position" rumor and I am not inclined to believe it.

Let's lay off the merest of rumors, OK?

The usual suspects will now crawl from under their rocks to say, "That's rich coming from you!" In fact, however, Dissent does not repeat mere rumors.

Only true ones!

Roy's obituary in LA Times and Register: "we were lucky to have you while we did"

  This ran in the Sunday December 24, 2023 edition of the Los Angeles Times and the Orange County Register : July 14, 1955 - November 20, 2...