The Week in Review

Sunday, October 1, 2006

College Suffers Setback in Lawsuit

The College was dealt a slight setback recently when its motion to dismiss the lawsuit brought upon it by Mara Sabinson, on charges of discrimination, unlawful retaliation and wrongful constructive discharge (see TDR, 5/22/05), was denied.

Sabinson is an associate professor in the Theater Department whose lawsuit alleges that the College, chiefly the Dean of the College Carol Folt and her fellow administrators, unjustly demoted her and created a hostile work environment. Sabinson's allegations of demotion are based on the Dean of Faculty's Office assigning her to teach first-year seminars. However, the College asserts that first-year seminars are some of the most important classes in a Dartmouth student's education. It is also the case that the Dean of the Faculty has the right to assign a professor to whatever class she deems necessary at the time.

The College motioned for a dismissal of the case based upon the claim that there is a "failure to state a claim upon which relief can be granted." The court ruled however, that in order for a case to be dismissed on such grounds, it must be apparent that the plaintiff stands nothing to gain under any viable options deemed by the court. The court did stipulate, however, that the plaintiff's claim that the College effectively demoted her was not necessarily true.

The court wrote in its opinion that assigning of professors to positions is quite possibly in the realm of rights for the Dean of the Faculty. Written in a manner which whispers of the court finding little validity in the plaintiff's primary claim of unjust demotion, the opinion stresses the importance of focusing on the motion for dismissal being considered and not the summary judgment.

Though the motion to dismiss was denied for the charges of discrimination and retaliation, the court did choose to dismiss Professor Sabinson's charge of "wrongful constructive discharge." This was based on the seemingly apparent fact that Sabinson is still employed by the College and has received no such discharge.

Moreover the court wrote that Sabinson failed to prove the other necessary element of a wrongful constructive discharge claim. For such a claim to be successful, a plaintiff must show that they were discharged based on actions that serve public policy in a positive manner. As Sabinson was never discharged, such a necessity is irrelevant and fails the test of prima facie.

Based upon the wording of the opinion and the assertions made preliminarily by the court, Sabinson is going to have to prove a great deal of negative directionality in the College's actions. The case is still, however, in limbo and up to the court.

Dartmouth Ranked Highly in All the Wrong Categories

Every year, the Princeton Review and U.S. News and World Report release rankings of universities across the country. Dartmouth ranked "ninth overall" (whatever that means) in U.S. News. The Princeton Review gave the College on the Hill 18th for Best College Library, 19th for Toughest to Get Into, 15th for Best Food, 9th for Best Quality of Life, and 13th for Major Greek Scene (up from 20). We're also 13th for Lots of Beer (up from 19th), and, not coincidentally, 14 for Happiest Students. Quality of beer remains steady in last place.

Only Because it's Fun to Say

Dartmouth Medical School Professor of Medicine, Community and Family Medicine, Biostatistics, and Epidemiology, John A. Baron found that Vioxx, a COX-2 inhibitor, is effective in reducing the risk of colorectal polyps (benign tumors that can lead to colon cancer.) Other NSAID's (Non-Steroid Anti-Inflammatory Drugs) such as Aspirin and Celebrex have also been proven to have these effects. Vioxx, though, was taken off the market in 2003 because of "increased risk of thrombotic cardiovascular events" (heart attacks.) So not only will your oh-so-pleasant colonoscopies have a better turn-out, but when you have your heart attack and are feeling litigious, you can join the thousands of other American patients who are currently suing Merck Pharmaceuticals and possibly make a few bucks too. Congrats to Dr. Baron, but for now we'll stick with the Aspirin.

Sanctimonious Eco-Vehicle Appears on Television

In mid-August, the Big Green Bus and its enthusiasts appeared on "Good Morning, America" during a stop in New York City. For those not in the know, the BGB is a old school bus outfitted to run entirely on self-seriousness, errr, vegetable oil. Dartmouth students, many of whom are affiliated with the Ultimate Frisbee Team, have participated in a cross-country tour to "raise awareness" of alternative energy. To cite just one example of awareness-raising, the bus is decorated with rousing slogans, including "Powered by Vegetable Oil" and "Change the world." Good luck with that.

Revising the Interweb

The web sites of both the College and Dartmouth Athletics were redesigned. Both designs are very lame.

Dartmouth Is Rolling In It

It's not all glum: Dartmouth has enjoyed its most successful fundraising year in history. The previous fiscal year saw $160.3 million in charitable gifts, greatly exceeding the previous record of $118 million in 2004. The Alumni Fund also set a record in donations, with 51% of alumni chipping in, breaking 1998's record. The Tuck School of Business retains the highest alumni giving rate in the country for business schools with 65.1%. President Wright's "Campaign for the Dartmouth Experience" has been in swing since late 2004, and the College trumpets that "The Campaign for the Dartmouth Experience has raised $738 million as of July 31. This is 57 percent of the $1.3 billion goal, realized over 54 percent of the campaign timeline." What remains now to be seen is whether these funds will be allocated properly

Terrorist Visits Harvard; Harvard Still Exists

The fine leaders of Harvard University deemed it appropriate to invite the former president of Iran, Mohammed Khatami to deliver a speech on the eve of the fifth anniversary of the September 11th attacks. Outrage ensued around the United States that one of the most prestigious universities in the world would invite a man with such a history of torture and terrorism. Under Khatami, Iran was the largest concert of state-sponsored terrorism. Within his own country, Khatami oversaw the torture and murder of dissidents who spoke out for freedom and democracy. For him to lecture Americans about tolerance and violence is laughable at best. Such an invitation disgraces the memory of September 11th victims and has caused many to question Harvard's actions and motives.

Drinking References Taboo In College Newspapers

University of Georgia administrators continued their campaign to strip the school of its raucous reputation by publicly lambasting the Red and Black newspaper's editor-in-chief for recently publishing features about bar hopping and playing drinking games. One article described a group of freshmen moving from bar to bar in downtown Athens and drinking so much that their "memory got hazy," a reference to blacking out. The second discussed how to play drinking games like flip cup and beer pong, which are commonplace on many campuses across the country, including Dartmouth's. Alcohol abuse remains a sensitive subject for UGA and its president, Michael Adams, less than a year after freshman SAE member Lewis Fish died from a combination of heroin, cocaine, and alcohol. Since then, Adams has cracked down on the traditional outdoor tailgating before football games and has vowed that University police will arrest all underage students found possessing alcohol in their dorm rooms.

One-Upping the Ledyard Challenge

Local teens in Brattleboro, Vermont have been celebrating the warm summer by replacing their winter coats with their birthday suits. According to one nudist, the no-clothes movement is a celebration of freedom, as well as a tribute to Brattleboro's colorful history which includes streaking incidents and a "Breast Fest" where women go topless. While some residents are disturbed by the exposure, town officials have decided not to formally ban nudity, instead letting the weather regulate the antics. ''Winter is coming. If spring comes, and we still have a problem, we'll take another look at it,'' said a member of the town's governing board.

Facebook.com Sparks Outrage

Two weeks ago, Facebook, a social networking web site popular with college and high school students introduced two new features that prompted an immediate and dramatic backlash from users. Within hours of Facebook releasing the products, users responded by forming an online group...on Facebook. Two days later, the group boasted more than six hundred thousand members, and was tabbed as the largest unified student protest since the Vietnam War. Much like Lyndon Johnson, Facebook's administrators paid lip service to the protest and then took little action on it.

In a related story, millions of Baby Boomers were seen simultaneously shaking their heads at the backwards priorities of our generation.

Silly Bandies

Standford University's marching band has been placed on "indefinite provisional status" in response to the band's trashing of a practice facility during the summer. According to a statement released by the university, the band did nearly $50,000 of damage to a temporary practice facility. The statement asserted that, "The vandalism included using a sledgehammer to create extensive damage to the walls. Windows were broken, equipment was destroyed, much of the ceiling was torn down, and the walls were spray-painted and covered with food." A criminal investigation has also been launched.

In response, the Dartmouth marching band pounded loudly on an empty beer keg and returned to playing Dungeons and Dragons in anticipation of the upcoming football season.

Board Endorses Constitution; College Still Claims Neutrality

Dartmouth's Board of Trustees officially endorsed the new proposed Alumni Constitution in a split vote during their annual retreat in Sun Valley, Idaho last week. The vote was 14-3 in favor of the anti-democratic document. Not surprisingly, the three dissenting votes came from the three petition trustees elected in 2004 and 2005. President James Wright, an ex officio board member, voted to endorse it. The vote is the latest in string of events that makes the College's claim that it will remain "neutral in its actions" regarding the constitution seem laughable at best.

Roughing the Kicker

The University of Northern Colorado's second-string punter faces second-degree assault charges on accusations that he stabbed the team's first-string punter in his kicking leg. The backup was swiftly kicked off the football team and expelled from school the following day. Although his eligibility status remains unclear, Dartmouth's own football team remains in dire need of a qualified punter, one of the few holes that has not been filled following last season's dismal special teams performance.

Governator Takes Aim at Newspaper Thefts

California Governor Arnold Schwarzenegger recently signed into law a bill making it illegal for a student to take more than 25 copies of a free student newspaper in an order to prevent other students from reading it–actions commonly referred to as 'recycling programs.' The bill stipulates modest fines and brief jail time for offenders.

The Dartmouth Review has been the target of many such programs during its history, each usually less successful than the previous. Nonetheless, we are not holding our breath for a similar reprieve to come down from Parkhurst. We also note that, with a typical print run in the thousands, we always have more issues than anybody can steal.

Sustainability Coordinator Wastes More Money

Jim Merkel, Dartmouth's bike-riding, car- and shower-eschewing 'sustainability coordinator,' has hatched another unlikely scheme, this time taking aim at the waste produced during meals. To that end, Home Plate dining hall, on the south side of Thayer, has been transformed into a waste-free zone. Food typically served in packages, such as milk and condiments, will now be served from bulk containers. Merkel hopes the changes will reduce the "trash footprint" of each student, currently estimated to be three and a half football fields per year. Whatever that means.

Additionally, 100 students will inaugurate the Sustainable Dining Club. Members receive a card which entitles them to receive a waste-free dining kit at Home Plate and Collis, comprised of a Nalgene, an eco-mug, and some other expensive plastic-ware. Each kit is valued at twenty dollars, and students are on their own honor to return them. Just like the plastic trays that find themselves on Freshman Hill during the winter.

Early Season Athletic Results

Dartmouth's men's soccer team, the reigning Ivy League Champions, have gotten off to a mixed start. After beating SUNY Binghamton 2-0 in the season opener, the Indians battled to two draws, versus the University of New Hampshire and Colgate. They then fell to George Mason in the final game of the Yale Classic by a score of 1-0. The women's team dropped their first two matches before bouncing back and taking two in a row from Maryland and Central Connecticut.

Football, golf, and tennis all began play this weekend. Football traveled to Hamilton, NY to battle Colgate, golf teed off in the Rutgers Invitational, and tennis hosted the Dartmouth Invitational.

Football's home opener is this coming Saturday, when the Indians will host the number one ranked New Hampshire Wildcats in the annual Granite Bowl.

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