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However, for all its drawbacks, it was the only game in town.
A choice, instead of giving up. Besides, Diana was overwhelmed with the magnitude of support in the form of cold cash from the university community and alumni. She had to at least have the faith in herself that others had shown--but the cost! Enough to make her frugal Yankee blood congeal in horror.
Well, no help for it, she thought. She carefully figured out just how far she could go with what she had and what had been given her.
That far she would go and no further. She'd give the court a chance, but she wouldn't bet the whole farm on it and certainly not the rest of her life. Decidedly not in a city where the old boy network was so substantial and entrenched that it kept its meeting place a male bastion and ruled the entire state from it. Not to mention that The Pope was a prepaid member--a perk traditionally given Belmont's president.
Chapter 31
Ever since the original charges had been made, the Public Protection Division of the Attorney General's Office had been investigating the case brought to it by Diana. It functioned to protect the legal rights of Diana and provide a copy of its report to the Equal Employment Opportunity Commission (EEOC).
It had been denied access to the previous three day hearing by the Belmont administration, but was promised the hearing transcript.
After a great deal of prompting, the transcript, all 700 pages of it, had been sent to the Attorney General's Office as agreed.
It was copied and shared with the attorney representing Diana, Al Garrett.
He was appalled at the way the university administration had handled the hearing and felt that all that was needed was to hit the university administration with legal paperosa plentimus and they would soon see reason.
He was unaware that the age of reason had not yet penetrated Belmont University. Their axiom was, 'Reason? There is no reason, it's company policy.'
The ensuing legal detritus delayed the reconvening of the second round of the university hearing, but didn't prevent it.
In the short time given, Diana obtained affidavits from a prominent doc.u.ment examiner and a promise of testimony from the university psychologist.
A court reporter was once again recording the proceedings, but it wasn't Janet. The surroundings had changed also.
Now, they were all sitting around a table in a very large auditorium in the English Department.
Diana had an attorney present, but university policy prevented him from doing anything except whisper instructions to her.
Of course, they had talked beforehand and had planned how the defense part and cross examination would go. Even so, the attorney was still in the court mode--he had little or no concept of a university hearing and much of what went on left him stunned with disbelief and unable to provide much direction. When he tried, whispering furtively into Diana's ear to do this or say that, it made Diana little more than a puppet dangling on one string, and just as effective. One thing for certain, thought Diana as the hearing progressed, someone should tell lawyers about breath mints!
As soon as she could gain recognition from the chair, Diana requested that the hearing be open. "The purpose of a closed hearing in personnel matters is to protect the employee.
I waive that protection." To herself, she thought, I know from experience that I have much more protection in public opinion than I have as a member of the faculty of Belmont University.
"Interested citizens and the press are waiting outside.
They were prevented from coming in. I respectfully request that they be allowed to enter." Prevented was right, she thought, a plethora of Kampus Kops was guarding the door of the hearing room.
Henry was indeed worried that the goings-on in the hearing room might be observed by an impartial observer and had taken steps to prevent it.
"No." He answered, "It is the policy of the university that hearings be closed. We will now proceed to the testimony of the second doc.u.ment examiner."
Henry was pleased to note that while Amos Avery, the handwriting a.n.a.lyst, was being sworn, the panel members played with the files on the table in front of them. He had met with each of the women individually and had whipped them into line. His eyes sparkled as he recalled their helplessness and his feelings of power.
Henry next proceeded to enter into evidence various letters and the handwriting doc.u.ments. Diana, under instructions from her attorney, objected. Objections which would have been given credence in a court of law were just ignored by Henry.
The only thing all the legal patter accomplished was to increase the tension and the red in his face.
Well, I'll just have to bear it, he thought grimly. That sharp lawyer, Simon Murrain, hired by The Pope to advise them on both hearings had been adamant. "Always let her speak. You can interrupt her witnesses, you can even ignore what she says or refuse what she may request.
But always let her have her say. We can't have her complaining that she didn't get a fair hearing." Henry remembered how he had laughed at the simplicity of that strategy.
Concerning what she was saying now, Henry wasn't about to pay any attention. The objections Trenchant was making were important, having to do with the evidence. The writing used as standards were still not authenticated. The copies of microfiche files were almost unreadable due to their being covered with dots and black lines.
In contention were the extra standards that this a.n.a.lyst had requested since he could not be sure of the authors.h.i.+p of the 'suspect' SmurFFs using the same standards provided to the first a.n.a.lyst.
"You are not following any rules of evidence here,"
Trenchant was continuing. "You are just submitting things on a whim. You have given this examiner copies--very bad copies-- of material supposedly from my personnel file covering a period of over twenty years. Even if authentic, these doc.u.ments contain the handwriting or printing of at least seven other people, posibly more, and I see nothing that delineates which of all these different writings is supposed to be the standard," she argued.
"Some of the writing on these was written entirely by my daughter or son," Diana held up the doc.u.ments for inspection.
"These tuition exemption forms were filled out and signed with my name by either my son or my daughter, for example.
The rest of the writing is by a personnel officer.
"I am surprised that you didn't send samples of writing from the entire university while you were at it," she finished sarcastically, disgust clearly portrayed in her voice and on her face.
"This hearing is being held solely to hear the report of this doc.u.ment examiner. You will be given a chance to comment on his report,"
Henry continued, blithely ignoring Diana's protest.
"Who made these rulings?" queried Diana, prompted by Al.
"Pardon me?" Henry asked.
"Who made the rulings concerning the admissibility of these standards?"
"I am reading the ground rules for this hearing which are contained in my letter to you. I am entering it into the proceedings."
"So. Who made the ruling? Not the committee!"
"The committee is aware of these things."
"The committee is just going along with whatever you propose.
Why can't you admit that you are making the rules of evidence?
Why do we need the rest of the panel?"
"The committee made the decision and can speak up if they do not agree." All of the women on the panel busily shuffled papers and a.n.u.se beamed like a misplaced beacon. The silence of the panel told it all. Three cowered, two glowed.
Henry was confident.
Well, thought Diana, we knew it would be a struggle.
Turning to the material she and Al had prepared, she read into the record, once again, that she wanted an open hearing.
That SHE had nothing to hide.
Continuing on, she brought out other legal points that Al felt needed to be in the record. "We have over and over again requested doc.u.ments from the university and been denied them.
You have provided me with nothing with which I can dispute your case.
I am referring to some six hundred student SmurFFs that were referred to by your witnesses in the last hearing, over thirty times, yet never once were they given into evidence."
"What are you going on about?" a.n.u.se feigned boredom.
"I am talking about the student SmurFFs that I requested at the last hearing. The charge was made that the 'suspect' SmurFFs were totally different from normal student SmurFFs and I need those for you to see that in reality, they are quite similar."
"I'm willing to believe the testimony that they exist and what they are represented to be. I don't need to see them in person." Nonchalantly, a.n.u.se destroyed any illusion of committee impartiality with this remark. The committee's report to The Pope would remove any doubt that might linger.
Henry called a recess. It always seemed to work to break up the flow.