It has been nearly 48 hours since Dr. Jane K. Fernandes’s selection as Gallaudet’s next president was announced. A great deal has transpired since then; students slept outside at the main entrance; several rallies have been held; faculty and staff have gotten moderately involved; and President Jordan and Dr. Fernandes have participated in discussions with students.

It’d be futile for me to repeat these events one by one. Elisa Abenchuchan is doing an extremely fine job of being a pro-student reporter and blogger; read her often-riveting accounts.

So far, two dominant messages have been flowing out of Gallaudet towards us all sitting (and watching) outside the fences surrounding Kendall Green:

  1. She [Dr. Fernandes] doesn’t say hi.
  2. The Board of Trustees is not budging.

We all know what we think of the first message. As David Evans wrote so well:

So? Lots of leaders (especially in the corporate world!) are cold, aloof, and condescending. Lots of people don’t say “Hi”. Does that recuse them from responsible positions, from leadership roles? Not necessarily. History is full of assholes. What’s one more?

Now the second message is, indeed, something we need to consider carefully. The members of the Board of Trustees are already home far, far away from Kendall Green. They are not going to meet until next Thursday. They are also the only ones who can make the decision to re-open the process (short of Dr. Fernandes’s resignation, which is as likely as Austin L. Spriggs selling his downtown house).

Will they? Absolutely not. They cannot for many reasons:

  1. They backed down 18 years ago. If they back down again, this action would send a message that the students are effectively in control of the university and will get their way. That is a disaster for any organization. Think of the greater implications. Congress will not like entrusting taxpayers’ money to an university that can’t seem to be effectively managed by its board or controlled by 17-year-old bald freshmen. NTID could be adversely affected by this, as well.
  2. The presidential search process that Gallaudet utilized is a time-honored academic procedure. A professional consultant was brought in. Of course, that doesn’t mean it’s foolproof. But how much more foolproof can you be without compromising employment law? The students and faculty had ample opportunity to participate in the entire process from start to end.
  3. And speaking of employment law. The Board would also be opening themselves up to huge lawsuits. The offer has been made. Dr. Fernandes (barring her voluntary resignation), as a deaf woman who is extremely qualified, would easily win an lawsuit against Gallaudet. According to a trusted expert and source in the EEO field, if by chance the Board should retract itself and reopen the search process, they would be hard pressed to defend their actions should Jane decide to file a sex discrimination complaint. The information released indicates that the Board have clearly considered her the best qualified.

Now there are allegations that members of both the Board and the Presidential Search Committee (PSC) have divulged what happened inside their conference rooms. The story is that Ron Stern was recommended by the PSC, only to be ignored by a dictatorial President Jordan who pushed an unanimous Fernandes vote through the Board.

I would seriously doubt any stories allegedly coming from them. All these members have signed nondisclosure agreements (NDA). The Board is made up of capable industry and cultural leaders, who are very aware of the legal implications of violating a NDA. By breaking confidentiality, they open themselves and Gallaudet University to very serious lawsuits. The members of the PSC, hopefully, is also aware of these same legal issues.

I am mystified as to why people do not have trust in the Board. They are not stupid people. They were fully aware of the controversy surrounding the search process. The easy way out, publicly, would have been to pick Ron Stern. They didn’t. Do you think they made the decision lightly and then proceeded to munch on their sundries? No. They have faith in Dr. Fernandes.

The Board is not made up of dimwits. Tom Humphries, who has authored many outstanding books on Deaf culture, is on the board. He knows Deaf culture. Celia May Baldwin is the director of student life at California School for the Deaf, Fremont. She knows students. Cynthia Ashby is the director of state-operated schools for the State of Georgia. She knows deaf schools. Dr. Harvey Goodstein planned Deaf Way II and was president of Maryland School for the Deaf. He knows international deaf and deaf schools. Dr. Benjamin Soukup is CEO of a multi-million dollar organization fueled mainly by federally-sponsored video relay services. He knows money and government.

I mean, who do you want to decide who the next president should be? The Board and the PSC have tried hard to make a non-democratic process as democratic as possible. And in the end, the decision was unanimous. UNANIMOUS. 14 people (Ben Soukup was barred from the vote) all agreed on Dr. Fernandes. That’s more than a jury of 12.

To put it simply: the Board will not back down. They can’t. Even if they wanted to, their hands are tied.

The demands were originally:

  1. Dr. Fernandes’s resignation
  2. The Board’s resumption of the search process,
  3. Zero reprisals.

Later, the call for resignation (1) was rescinded.

If the protesters had taken the time to understand the Board’s legal and moral obligations, they would have, instead, kept (1) and deleted (2). It’s nice to have a spirited dialogue–a conversation–about this, but the protesters are not going to win with these demands they’ve created.

Sorry–it ain’t going to happen.


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