BREACH OF DUTY
Not a single one of these people gives a goddamn about West Virginia University.
Steve Goodwin is the point man in a plan to transform WVU from an academic institution into a political machine — and an ATM for the powerful, on the side. The rest of the board is either in on it or doesn’t give a rat’s ass either way — they just like the football tickets and cocktail parties and political connections. In less than a year, they’ve taken the state’s crown jewel and turned it into the laughingstock of the world. And even though the Garrison/Goodwin plan for the university is becoming alarmingly clear (see what’s going on at the Health Sciences Center), not one of them has lifted a finger to stop it.
In the normal world, university trustees take the job because they have the school’s best interests at heart. They love their school and genuinely want to be responsible stewards. More than that, they’re fiduciaries—they’re legally required to act solely in the interest of the institution, not for their own interest or the interest of third parties. Loyal trustees would shout you out of the room if asked to install a totally unqualified boy president to advance his political career and help his crooked friends, or to turn a blind eye to his brazen fraud.
But these people are like bizarro-trustees. They seek the job for their own profit — political, professional, or financial. They actively look for ways to abuse the university’s resources for private gain. I doubt that the question of what’s best for the university or its students or faculty ever even crosses their minds.
And it’s a goddamn shame, because WVU was something special. No, it wasn’t Harvard or Yale, but for my money, it was something even better: a place committed to taking kids from nowhere and giving them a better life. A school determined to do scholarship and teaching the right way in a state where not much is done right. It was a good university doing good work.
And now these sad pieces of shit have turned it into the whore of the academic world.
I am ashamed.
Tags: Mike Garrison, Steve Goodwin
May 5, 2008 at 12:33 am
Anyone know whether the WVU board members are fiduciaries? I think there’s a strong case that they are. The tougher question is who would have standing to sue them.
May 5, 2008 at 12:40 am
“A crisis is a turning point.” Anne Lindthorst
The BoG has a real chance to right the ship of WVU. This crisis has created a turning point, but will they take this opportunity to turn WVU around?
May 5, 2008 at 1:17 am
Cobb: I am not sure how breaching the fiduciary duty to a corporation/organization would play out in a non profit. The classic business organizations model says board members who act to enrich themselves rather than acting to increase a corporation’s (and its stockholders’) profits are breaching their duty.
Who are the stockholders in this case? The people of WV? On its web page, UCLA says that it “belongs to the people of CA — all 38 million of them.” WVU is a state university, but it is not clear whether there is anything in the Code that supports the proposition that WVU belongs to all citizens of W.Va. There’s also business judgment rule — if a decision maker did something really stupid, but thought that it would benefit the corporation, it’s not actionable (they can’t be sued). I do really think that these clowns think they’re benefiting both the university and the state through economic development.
May 5, 2008 at 1:21 am
From the BOG operating procedures:
Members of the Board of Governors have an obligation to fulfill their responsibilities in a manner which fosters the public’s respect, trust and confidence. Accordingly, Board members shall comply with the West Virginia Ethics Act, applicable law, and the highest standards of integrity. Each member of the Board shall vote in a manner the member reasonably believes to be in the best interests of the University. Each member must further recognize his or her personal fiduciary responsibility for protecting and advancing the integrity, interests and assets of the University. Members of the Board shall refrain from placing themselves in situations in which their duty or loyalty to or stewardship of the University may be compromised.
May 5, 2008 at 1:31 am
observer - Fiduciary duties do apply outside the for-profit context. There’s no question that a non-profit entity can sue a trustee for damages caused by the trustee’s breach of his fiduciary duties. And the BJ rule, strictly speaking, probably wouldn’t apply, since the policy reason behind it—giving corporations latitude to take risks—doesn’t apply (or at least applies differently) in the non-profit context. In any event, I’m pretty sure most of them know exactly what they’re doing: using WVU to make themselves richer and more powerful. And those who aren’t doing so know that the others are, yet are doing nothing to stop it.
student - thanks for that language. it pretty clearly answers the fiduciary question.
May 5, 2008 at 1:41 am
Cobb and anyone - who then has standing to sue on behalf of WVU as an entity? The present administration does, but they won’t. What’s the non-profit equivalent of stockholders? Beneficiaries? Students?
The board members probably think that their own and the university’s interests are the same — even though the lawyers at least should know better. They probably think that what is good for Mylan /Platinum Properties/705 Development partments is good for the university and for the state of WV.
May 5, 2008 at 1:54 am
Dunno. A bold court might grant standing to an individual who was clearly an intended beneficiary of the board’s fiduciary obligations—a student would be the most obvious example—if she could make a colorable initial showing of injury. But you’re right: that ain’t gonna happen here. The fiduciary question is an interesting hypo, but mostly to highlight how flagrantly these board members have violated their obligations to WVU.
May 5, 2008 at 7:00 am
hippiekiller’s profoundly from-the-heart editorial may be the best I’ve read anywhere to date on this squalid affair. I especially liked the part about WVU having an even higher calling in this state than a Harvard.
Here’s an excerpt from a blog I published elsewhere. It was written on April 25, the day after the Chas Gazette and Daily Mail reported on when the investigative panel’s findings (the Gazette editorial that morning made up for the tepidness of the previous day’s lead story):
I found that the stories yesterday in both Charleston newspapers, while adequate, were anemic compared to the much fuller and appropriately scathing treatment in the Pittsburgh Post-Gazette, which broke the scandal the old fashioned way–skeptical reporters doggedly pushing people of influence and power for the facts. Of course, many West Virginians prefer to see it as a Pittsburgh newspaper with an agenda of destroying WVU and WVU’s rise to national sports prominence in football and basketball. What the facts establish is that it was WVU administrators at the highest levels who willfully acted to undermine a major university’s reputation for academic integrity.
The people I talk to are outraged. If the powers that be sweep this under the rug, I think they’re going to be surprised by the public outcry.
While I’m preaching, I want to make some observations: One of the reasons for the reaction to Rich Rodriguez’s departure here in WV is that the people of this state invest almost supernatural idealism in the state’s flagship university.
First, WV is not and never has been affluent, and certainly not so compared to the states it borders. But everyone knows that historically state leaders have made it a priority to ensure that, at minimum, a decent and respectable university education for its people, so many of whom are first-generation college graduates is available.
Is it UVA, Michigan, UNC or Berkeley? No, of course not. Is it comparable to mega land grant institutions like Penn State or Ohio State? No. But it can holds its head up high with land grants like Virginia Tech or NC State.
The other reason people here invest so much passion and idealism in WVU is that this state also has bent over backwards to ensure that state residents–including hicks from the hills like me–can afford to attend the state’s flagship academic institution even when they came from modest circumstances.
I think the reaction to Rodriguez and the outrage I’m sensing over degree-gate are in some ways joined at the hip emotionally among this state’s passionate, historically ingrained WVU supporters.
May 5, 2008 at 8:06 am
Should Thomas S. Clark Retired (Vice President of Corporate Medical Affairs at Mylan Pharmaceuticals, Bruceton Mills, WV) recuse himself from any action due to his conflict as a Mylan Retiree?
Wouldn’t any action constitute an Ethical Violation from the WV Ethics Act? If the action is detrimental to Mylan, might it effect his pension? The price of Mylan Stock (Which I am sure he has a boat load) might be effected by the sanctioning of Garrison.
May 5, 2008 at 8:50 am
“If Garrison is still around come graduation, the entire Class of 2008, should stand up and turn their backs to him when he comes to the podium to address them. Signals must now be sent, by faculty members, students, alumni, and supporters of WVU. ”
It’s from a Huntington publication (HNN) but a very good idea. the suck-ups who dream of being the next Heather or Mike won’t participate, but even if just half the class made a statement it would be something.
May 5, 2008 at 8:57 am
We the voters of West Virginia can fire the governor (who is up for re-election in Nov.).
IF we instead hire a governor who IS NOT a participant in the “business as usual” party of West Virginia, then…. the BOG can be fired as well as the others involved in committees holding up the rug for the big sweep. AND if Garrison is still around, he and his entourage can be ousted.
I know the voters of West Virginia are entrenched in insanity (doing the same thing for decades and expecting different results), but have we had enough yet?
WVU is not an isolated instance. This goes on throughout West Virginia government. Turning WVU into just another Manchin toy is visible, disgusting and unacceptable.
Here are a couple of things I plan to do: write to Douglas and King informing them that WVU will not get a dime from future sale of my valuable property, inform Douglas that I wish to renounce my life-membership in the WVU Alumni Association AND vote for Russ Weeks come Nov.
A resignation from Garrison would go a long way toward getting WVU’s name back nationwide. This is the time when the Faculty Senate (God bless them for the stance they have taken or this would have been swept away by Lang in January) being willing to stick their necks out w/ the chance of having them lopped off by Garrison henchmen needs our support and profound “thanks”.
Drastically changing West Virginia government (the legislature too) is the only way to turn this state and WVU around in any significant way.
May 5, 2008 at 8:59 am
This is an e-mail I sent out on Saturday May 3 to as many BOG members as I could find e-mail addresses for, the DA, the Chronicle of Higher Education, Mike Garrison, and Gerald Lang.
Callout: WVU BOG members with integrity, please!
The WVU BOG is charged with “The management of all personnel matters,
including, but not limited to, employment, classification, compensation,
and discipline for employees of West Virginia University,…”
Contrary to Steve Goodwin’s take on these words, this does not constitute
a carte blanche declaration of sovereignty. These words are a public
trust. They imply that the BOG members actually have a duty to carry out
these actions when appropriate. Admitting the possibility that the BOG
has the option to completely ignore their role as disciplinarian when such
actions are so obviously required reduces this mandate to absurdity. The
silence of the BOG in regards to the report published on April 23
regarding the Heather Bresch affair is damning evidence of the board’s
incapacity to carry out its mandate. Board members have found the time to
issue statements supporting President Garrison (who has also failed to
show any leadership in enforcing discipline), but have failed to publicly
acknowledge the elephant in the room: there MUST be disciplinary
proceedings.
The voluntary resignations of Gerald Lang and Steven Sears are a joke.
The pay cut they are taking coincides quite nicely with the switch from
12-month to 9-month salary has the baffling consequence that their monthly
paychecks will actually go up when their resignations take effect - and
they will have their summers off. Doubtless they will find some extra
“service” opportunities to pad their salaries back up to their old level
over their summer vacations. What resolve this institution has shown! To
add injury to insult, Gerald Lang might even end up teaching ethics again.
The School of Business and Economics has already taken a huge hit in
reputation, but now their actual ability to deliver appropriate course
content could be completely jeopardized.
Your failure to discharge your duty is a slap in the face to all WVU
students, alumni, and those faculty and staff who were not involved.
Until proper disciplinary proceedings are initiated, WVU will stand as a
symbol of do-nothing cronyism and cowardice. Anyone who sits on the BOG
and does not speak out against the silence is doing more harm to WVU’s
dignity and reputation than the people who actively colluded to create the
fake degree in the first place.
It is time for those BOG members with a conscience (or at least a faint
desire to be seen as having one) to break the silence. Speak now. The
WVU students, alumni, faculty, and staff who actually care about justice
would welcome any late-coming heroes. It is not too late to do the right
thing.
The “failure clock” for the WVU Board of Governors started ticking on
April 23. You can stop it any time you want.
May 5, 2008 at 9:16 am
In a state with a viable two party systerm, the election might be a shot to impose accountability. We don’t have that. I might vote for Kessler in the primary and Weeks in the general just as protests, but honestly I would not vote for either if I thought there was any chance they would win.
At most, Manchin’s Senate aspirations might be affected but even that is doubtful. If Byrd passes while he’s still governor he’ll appoint a seat warmer to hold the office until the 2012 election.
Is there anyone in either party who will be able to build a base of support to run a viable campaign against him in 2012? Sadly, the only person I can see who could possibly beat him is Byrd himself if he somehow is still alive and lucid then, but the age factor would make even him the underdog.
May 5, 2008 at 9:18 am
In a state with a viable two party systerm, the election might be a shot to impose accountability. We don’t have that. I might vote for Kessler in the primary and Weeks in the general just as protests, but honestly I would not vote for either if I thought there was any chance they would win.
At most, Manchin’s Senate aspirations might be affected but even that is doubtful. If Byrd passes while he’s still governor he’ll appoint a seat warmer to hold the office until the 2012 election.
Is there anyone in either party who will be able to build a base of support to run a viable campaign against him in 2012? Sadly, the only person I can see who could possibly beat him is Byrd himself if he somehow is still alive and lucid then, but the age factor would make even him the underdog.
May 5, 2008 at 9:31 am
Anon
I totally agree in terms of the governor’s spot, I will vote against Manchin in both the primary and general. As far as the Senate is concerned the trend has always been, even in states like Louisiana, when a governor appoints him or herself, or a care taker they rarely do well in re-election or election. Something about the transparency of their selfish act which turns voters off. This may not be applicable in WV as the Democrats won’t have the backbone to challenge Manchin in a Senatorial primary, and the Republicans in this state, well you saw how well their convention turned out!
May 5, 2008 at 10:00 am
Joe Manchin’s fingerprints are all over this and other demoralized state government institutions…I don’t think there is a viable candidate running to replace Joe but it wouldn’t take much to do better then him….
May 5, 2008 at 10:25 am
Agreed, Bitter. There’s a lot of anti-Republican sentiment at this board, but come on! There’s no way on earth Russ Weeks could be any more of a meddling, lying corrupt jerk as Mojo. Part of Weeks’ platform, as reported in the Register-Herald, is to go after the Manchin corruption:
“There are a lot people in government today I know are scared. They know that I know where the skeletons are buried.”
If elected, one of his top priorities will be to “start digging up those skeletons,” he promised. “Those that are responsible will be held accountable,” he said. “You cannot do what some of these high-place people have done and get by with it.”
May 5, 2008 at 10:27 am
The Daily Anthenaeum finally called for Garrison’s resignation.
May 5, 2008 at 10:41 am
Good for the DA. The Gazette and DM should take notes. They could learn something about journalistic integrity.
And good point above re Clark. By declining to press for every detail of what transpired among Garrison, Bresch, and the governor’s staff, he’s protecting his own fat portfolio.
May 5, 2008 at 10:58 am
Thanks to the DA for speaking out and saying it so well:
http://www.da.wvu.edu/show_article.php?&story_id=34762&archive_date=2008-05-05
May 5, 2008 at 12:23 pm
HK et al., I think there is possibly a sadder undercurrent to this. I do not at all disagree about the underhanded, corrupt aspects of any of this.
However, the sad commentary here is that I think a lot of the folks on the BoG, the WVU leadership, etc., think that because they have been successful (i.e. become wealthy/born into wealth/become politically connected) in this rural, poor state, that they know what is best for all. They do not see a contradiction in that WVU is becoming a political machine, in that they think they have the right ideas to move the organization forward, in their own vision of what an “academic institution” should be. And if they and their friends benefit, so much the better. After all, why should WVU be different from anything else they are connected in?
I think the “playahs” on the BoG are at their core corrupt for sure. But even more frightening is that they have deluded themselves that they know best and should be given every opportunity to unleash their vision. Consequently their delineation of the right/wrong line is gone, and the only truth is their own.
May 5, 2008 at 12:27 pm
Accolades - very well said indeed
May 5, 2008 at 12:46 pm
TTD, well said! They are inconsciously incompetent to their unethical behavior. Does that give them rights to an insanity plea? Oh, that’s right…they’re ALL alike, so there will be no opportunity for that.
May 5, 2008 at 1:28 pm
WVU-political machine. That makes me want to vomit. I always considered WVU (at least certain colleges) a safe haven from the all encompassing political climate of WV, a place where hard work was rewarded, and you were judged on your own merits. People keep asking me why I’m so upset about this - this happens everywhere. NO IT DOESN’T. I was safe inside the walls of the church, and then they brought in Jerry Falwell to run the place.
May 5, 2008 at 1:59 pm
This may not seem like much, but I recently signed up as a moderator on a message board related to my work; the guy who put the site together encouraged the moderators (there are five of us) to use an avatar in addition to our signatures.
The other moderators chose avatars connected to their schools, Notre Dame, USC (SoCar, not SoCal), UNC, you know, schools that haven’t been tainted by a scandal that goes to the very ability of the school to function effectively and fairly.
I was too embarrassed to use a “Flying WV” avatar, even though I have two degrees from the school, and instead went with the logo commemorating the 75th anniversary of the Steelers.
This situation is a long way from being over.
May 5, 2008 at 2:03 pm
Who exactly is Steve Goodwin and why is he so influential re the BOG?
May 5, 2008 at 2:12 pm
Do a search for Steve Goodwin on this blog to get the long story.
The short version is that Steve Goodwin is the appointed chair of the BOG — and interestingly enough, he was appointed by none other than Mike Garrison, back when Garrison was Chief of Staff for Bob Wise. And EVERYONE with half a mind knew at the time that Garrison was stacking the BOG with people who would rig the search in his favor when WVU needed a new president.
Goodwin is also a member of one of West Virginia’s most powerful political families — the same family that handed another political hack named David Hardesty the top job at WVU over a decade ago.
It’s important to note though, that Steve Goodwin is more like the Fredo Corleone of his family. It’s rumored that his recent power trip does not sit well with everyone.
May 5, 2008 at 2:47 pm
I’m a little sensitive to my own typos here, especially after reading “tack ticks” and “pittsburg” (Parviz). I had a finger slip. I meant “They are UNconsciously incompetent.”
What do you think about the unofficial faculty survey; 200 for Garrison’s resignation and 10 behind him? Do you think it will have impact?
Also, please explain your perceptions of the Fear Factor among tenured faculty to speak up?
May 5, 2008 at 3:04 pm
e, Parviz is in a class by himself. You’re just making casual comments. Here’s a guy trying to defend the President of a research university through an e-mail to a large contingent of faculty
May 5, 2008 at 3:34 pm
Sofaman, you are a genious.
May 5, 2008 at 3:36 pm
WVCouch, you’re absolutely right on everything. You are a regular Einstien. You should run for Congress to clean up this corruption.
I worship you.
May 5, 2008 at 3:50 pm
Metronews has posted that a University Assembly (think, big faculty meeting) has been scheduled for May 14…..this required 5% of the faculty to write and request the meeting, so that’s good-
May 5, 2008 at 4:35 pm
should be at the CAC. Time to be determined.
May 5, 2008 at 4:48 pm
The plan to use WVU for personal gain has been in place since the Wise admin. First the Promise Scholarship is created to provide a never ending stream of students and more importantly, money to the University. With the state paying for education its OK for academics to slip. Its free so don’t complain. Also, tuition can go up each year to pay the politicos and/or purchase assets to sell at yard sale prices. And since students don’t pay the tuotion increase thier not going to complain. Tax payers don’t complain because its “free” money from gambling. Old Bob he wasn’t as dumb as he looked! Or did the real Marion County play him like the rest of us? Fucking geniuses. If they only used minds to do whats right….
May 5, 2008 at 4:57 pm
I was looking at the pictures of the BOG and its remarkable how many have that Robert Wagner haircut from that show in the 70’s or 80’s. And the one guy has the Ric Flair haircut. WWWWWOOOOO!
May 5, 2008 at 5:25 pm
80% of faculty senate vote no-confidence
May 5, 2008 at 5:31 pm
77-19, no confidence
May 5, 2008 at 5:37 pm
MetroNews — The WVU Faculty Senate has voted to call on WVU President Mike Garrison to resign “for the good of the institution” as a result of the Heather Bresch scandal. The motion passed 77 to 19 with one abstention during a special meeting of the 114-member Senate.
The Senators rejected a second motion that would have simply censured Garrison and a third that recommended no action against the President.
The motion that passed read: “The Faculty Senate of West Virginia University votes no confidence in President Mike Garrison. For the good of the institution and for the benefit of our students, he must resign or the Board of Governor’s must require his resignation.”
May 5, 2008 at 5:38 pm
Where’s Michael Buffer when you need him?
May 5, 2008 at 5:39 pm
Wow! Almost 100 senators voted. Only 114 total senators. The no-confidence vote of the process hiring Garrison was 47-5. Whatever comes of this and however each one voted, I want to thank each member of the Faculty Senate for voting their conscience. Their actions have been the first sign of integrity since this mess started.
May 5, 2008 at 5:43 pm
Not one to normally make a critique based on looks but LOL one of them does have a Ric Flair do :)
May 5, 2008 at 5:43 pm
I guess those “unscientific polls” that Hoppy was busting on today (like Vester’s) weren’t so far off the mark.
80-20 is closer to 95-5, than even 50-50 is.
Let the fun begin, folks.
HK, obviously a new post is in order.
May 5, 2008 at 5:43 pm
Hey everyone, I have purchased the domain name GarrisonMustGo.com
I have very little website building skills, but I am willing to give this name over to anyone who can use it to do something useful.
Contact me if you are interested
May 5, 2008 at 5:45 pm
Could Team Garrison view this vote as a victory since Vester’s unscientific poll had 95% of the faculty wanting a resignation?
May 5, 2008 at 5:52 pm
^^^LOL.
YES!!!!
Next we’ll see Garrison giving a speech on top of the Mountainlair with a “MISSION ACCOMPLISHED” banner behind him.
May 5, 2008 at 6:18 pm
Yes, justice prevails - least it’s a start - there’s still walker and macia, they both need to go, too
May 5, 2008 at 6:18 pm
and let’s not forget the hsc, and the spillover mess there; it’s all intertwined….so sad
May 5, 2008 at 6:19 pm
The Gazette says that the University has been divided since the panel released the report.
To be clear, the Universty is divided between those in power (those who support Garrison) and those who are not (those who care about our University).
May 5, 2008 at 6:28 pm
I pray that when this is over we can get Prescott back - we need leaders that give a shit about something other than themselves - not Garrison or Bailes
May 5, 2008 at 6:51 pm
If you think Manchin had a choice…what do you think he’d want to see happen? It seems obvious that if Garrision stays, that this thing is not going to go away and may continue to fester…Manchin and Garrison are tied to the hip. The other choice would be for Garrison to resign and let this all fade away and thus JoeMa doesn’t get dinged…nor his future.
May 5, 2008 at 7:02 pm
That’s what it’s always boiled down to, from the getgo.
If Garrison is a political liability to Manchin, I don’t think he’ll be there long.
May 5, 2008 at 8:49 pm
It is scary to think that one of the Goodwins is a federal judge. Another is a federal prosecutor.
May 5, 2008 at 9:08 pm
Ten Higher Education Policy Commissioners and their Boy Chancellor also breached their fiduciary duties to higher education on Friday. Their pictures should be in the Hall of Shame too.
May 5, 2008 at 9:09 pm
Not really.
Joe Bob and Booth are officially the 2 Goodwin’s I’m least worried about.
May 5, 2008 at 9:19 pm
The Faculty Senate has thrown down a gauntlet, but will likely be ignored. Even if the Faculty Assembly (all the faculty) says the same thing, the Board of Governors will not pay attention to the pointy headed professors. (Well, maybe Parvis Famouri and Marcello Napolitano will get positions in Stewart Hall.) But it will take the alumni and donors to say something the Board might listen to. But Steve Goodwin has already told both the professors and donors to go to hell.
May 5, 2008 at 9:38 pm
If Steve Goodwin is the Fredo of the Goodwin family, I wish someone would take the fucker fishing.
May 5, 2008 at 10:01 pm
Robert– It will be interesting to observe, in wake of the lopsided no confidence vote by the faculty senate, if sycophants like Famouri and Napolitano will still beat the Garrison drum so fervently. When will supporters start to fall away and cut their own losses?
May 7, 2008 at 8:41 am
What exactly is Garrison’s educational/employment history? I believe he graduated from Fairmont Senior HS in …, then on to WVU with a BA/BS in …