Dr. Melvin Hale, self-represented former university professor, files for summary judgment against Emporia State University and seven of its leaders in Kansas federal civil rights retaliation lawsuit
Hale’s lawsuit claims Title VII and First Amendment and Section 1983 violations
August 19, 2016: Dr. Melvin Hale, a former professor at Emporia State University (ESU) graduate School of Library and Information Management (SLIM) in Kansas filed a motion for summary judgment against the university and seven of its top leaders on August 18, 2016. The university failed at multiple attempts to dismiss the lawsuit against them for retaliation under Title VII, First Amendment and Section 1983 violations when Hale and his wife Angelica Hale, who also worked at ESU as an assistant to the Dean of SLIM, reported a hate incident and staged protest marches against racism on campus. The court also rejected ESUs argument against Hale’s claims for injunctive relief filed by the State of Kansas Attorney General’s office and opposing attorneys.The university is being charged with Title VII violations of the Civil Rights Act of 1964, landmark civil rights legislation banning employers from discriminating against employees due to their race, color, religion, sex, or national origin. Among other things, Title VII protects those who report and/or protest against discrimination from retaliation.
As a result of the ruling, ESU defendants now being charged in the new motion for summary judgment are: Jackie Vietti, Interim President; David Cordle, Provost; Gary Wyatt, Associate Provost; Kevin Johnson, General Counsel and Director of the Koch Center for Leadership and Ethics; Ray Lauber, Associate Director of Human Resources; Mirah Dow, Professor and Interim Dean of SLIM; and Judy Anderson, Executive Director of Human Resources.
“ESU is, and has always been, pretending that they did not retaliate against me,” says Dr. Hale. “Dr. Mirah Dow, one of the defendants, and a professor in SLIM for over sixteen years, had this to say to me on August 17, 2015, before she was muzzled:
“I’m not sure what I’m going to do Melvin, but I am trying to be smart about this. I really am. And I already know, I know when the deep pockets get tapped on the shoulder, they will fight to the bitter end and they do not care who they hurt when they do it. And I am the least of their [worries]. They’ll punish me just like they’ll punish anybody else. And once I’m on the outside, I don’t think I’ll be as powerful as I might be on the inside.”
Regarding their methods she said, “Don’t let them make you mad; don’t let them cause you to raise your voice. Don’t let them even cause you to sound tense. Anything that you can do to just stay on the same even keel as you were before this started can only help. Because I’m telling you they’re looking for anything they can.”
What would their methods look like? Dow said, “They’ve got a lot to lose…no matter how dirty it is, they would in a minute put you and me on the [de]fensive so that we have to represent ourselves to prove otherwise. That’s the game here. They’re looking for any excuse in the world…for it to be something other than what it is.”
This conversation was part of the Court filing.
ESU received a Jefferson Muzzle Award in 2016 for anti-speech activity in 2015 related to Hale’s complaint of discrimination. “The Thomas Jefferson Center has awarded Jefferson Muzzles to those individuals and institutions responsible for the more egregious or ridiculous affronts to free speech during the preceding year: http://jeffersonmuzzles.org/complete-list/
In June 2016, Judge Crow dismissed additional claims made by Dr. Hale, which includes defamation, false light, and conspiracy. A counterclaim for defamation filed by defendant Debra Rittgers against Dr. Hale was dismissed by the court.
CLICK HERE to read the entire motion for summary judgment lawsuit filing on Scribd: http://bit.ly/HaleMSJ
2/16/16: Dr. Melvin Hale Files Memorandum Against Emporia State University and Its Leaders:
September 2019 marks the 4th anniversary of the March on Emporia 2015, marches against racism at Emporia State University see additional video & photos of the protests
Click audio arrow below to LISTEN to the Faculty Meeting audio transcript of former Dean Gwen Alexander and former Associate Dean Andrew Smith preventing Dr. Melvin Hale from speaking about racism on campus and the march.
Angelica Hale directing PR photo shoot with dean Gwen Alexander
5/17/16: Dr. Melvin Hale files Opposition to Derek Wilson and Deidra Elijah Motion to Dismiss - (Emporia State University)
March on Emporia Updates
2020 is the 5-year Commemoration of the March on Emporia, a series of marches against racism on ESU campus
CLICK HERE for details on the 5-year commemoration of the March on Emporia at ESU on 9/15/20
*7/16/19 - Angelica Hale vs Emporia State University Trial Verdict Title VII Retaliation(Read judge's verdict)
Documents
April 2, 2018: Angelica Hale files second Motion for Summary Judgment (MSJ) against Emporia State University; provost David Cordle; former Dean of SLIM
(School of Library and Information Management) Gwen Alexander and former interim president Jackie Vietti. ESU later filed their own MSJ. The document below is Angelica Hale's Opposition to ESU's motion for summary judgment on 6/19/19, her latest filing in the MSJ motions.
DOCUMENT 113 (filed on 6/19/18):
LOADING BELOW... (may take a few moments to load) or click here: bit.ly/AHESUMSJ113
The hate speech vandalized notebook
1/28/16 ESU Bulletin Story by Sarah Spoon (now aka Sarah Spicer, a reporter with the Wichita Eagle) Misquotes Dr. Melvin Hale and refuses to make corrections
2/17/17:Angelica Hale responds to attempt to dismiss her new federal retaliation suit against: Emporia State University; Jackie Vietti, former interim president of ESU; David Cordle, provost; and Gwen Alexander, former dean of ESU School of Library and Information Management (SLIM)
September 2020 marks the 5th anniversary of the March on Emporia, at Emporia State University. (video)
Scroll pages below or click on Link: http://bit.ly/wilsonelijah
4/25/16: Dr. Melvin Hale files Opposition to Former President Jackie Vietti's Motion to Dismiss lawsuit (Scroll pages below or click on Link:http://bit.ly/halevietti)
Judge’s decision: Dr. Melvin Hale allowed to refile federal civil rights retaliation case against Emporia State University and its leaders without prejudice
-The lawsuit may proceed at a future date if Dr. Hale decides to continue litigating the case
-Judge states that the case was diligently litigated thus far by Dr. Hale, a factor in his decision
-The judge denies the university’s request to dismiss Dr. Hale’s lawsuit with prejudice
-In June 2016, the Federal court rejected University attempts to dismiss Professor Hale’s suit over Title VII claims against the institution and First Amendment and Section 1983 claims against multiple administrative leaders
October 6, 2016: Stating health concerns, and dissatisfaction that defendants did not state a legal rational for their adverse employment actions against him during the summary judgment phase of the case, Kansas federal judge Sam A. Crow granted a request last week by Dr. Hale to suspend litigation without prejudice in his federal civil rights retaliation case against Emporia State University (ESU) and seven of its top leaders. The case may be re-opened by Dr. Hale should he choose to continue to pursue the federal action against the defendants, which concluded at the onset of discovery. Instead, Dr. Hale will finish writing a book about his experiences at ESU entitled Django Unchained and the March on Emporia State: Racist Practices of an Academic Plantation in Kansas in the 21st Century.
The current ruling to dismiss without prejudice comes after Dr. Hale, self-represented, fought a year-long legal battle to allow the case to proceed, which was granted in June when his third amended complaint was accepted in part, surviving three motions to dismiss the case and a counterclaim filed by the State of Kansas Attorney General’s office and opposing attorneys. The court also rejected ESUs argument against Hale’s claim for injunctive relief. The charges that remained include a claim against the university for Title VII violations of the Civil Rights Act of 1964, which among other things, protects those who report and/or protest against discrimination from retaliation, and a claim for Section 83 First Amendment Retaliation against the administrators for preventing his freedom of speech on campus against racism and discrimination.
The seven administrators in the lawsuit for First Amendment retaliation violation claims are: Jackie Vietti, Interim President; David Cordle, Provost; Gary Wyatt, Associate Provost; Kevin Johnson, General Counsel and Director of the Koch Center for Leadership and Ethics; Ray Lauber, Associate Director of Human Resources; Mirah Dow, Professor and Interim Dean of SLIM; and Judy Anderson, Executive Director of Human Resources.
Dr. Hale states, “When you have been viciously lied upon and misrepresented for reporting an act of hate, which most certainly occurred precisely as my wife and I reported it, you cannot allow untruths to prevail. That is why I filed a federal case and placed the facts in the public record, and why I am now writing a book. If ESU and their administrators believed that they could silence me for speaking out, they were wrong. No one should follow their example.”
Last year, Dr. Hale and his wife Angelica Hale, who also worked at ESU as an assistant to the Dean of the School of Library and Information Management (SLIM), claimed that they were retaliated against by university leaders after reporting a hate incident which named a longtime employee, Debra Rittgers, as a suspect. Dr. Hale filed the federal lawsuit in October 2015.
Book Release: Django Unchained and the March on Emporia State selected preview pages
9/15/16: Commemorating the first anniversary of the March on Emporia
Corrections need to be made to the story written this week by the school paper. Reporter Sarah Spoon was not happy about Dr. Hale questioning her objectivity. Now the Bulletin is using a false statement from Dr. Hale as a headline for the story in both print and electronic media.
How does a reporter who is recording a conversation get a quotation wrong? This is just more evidence of the "pack of lies" previously mentioned. The interview was supposed to be about the upcoming book, March On Emporia State. The reporter even gets that wrong, calling the book "March on Emporia".
"I do not need anyone to legitimize or validate my feelings...There are numerous errors in their transcript."
Dr. Melvin Hale
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The photos posted here were taken on 6th Street (Hwy. 50) the busiest street in Emporia, Kansas.
Scroll article below or click on Link: http://bit.ly/mhproceed
Scroll book excerpts below or click on Link: bit.ly/2dlv0ZC
LISTEN AND REACH YOUR OWN CONCLUSION
APRIL 24, 2017 - Judge orders dismissal of Angelica Hale from ESU employee Debra Rittgers' Lawsuit. Dr. Melvin Hale files his own lawsuit against Rittgers (see above filing)
Read the Last filing by Angelica Hale on June 19, 2018:
Angelica Hale Opposition to Emporia State University's Motion for Summary Judgment:
Read here what the ALA said about SLIM and its Dean
*April 2, 2018: Angelica Hale files updated second motion for summary judgment against Emporia State University and leaders: provost David Cordle; former interim president Jackie Vietti and former School of Library and Information Management (SLIM) Dean, Gwen Alexander. The original filing was in October 2017. This is an employment case involving claims of retaliation under Title VII and 42 U.S.C.§ 1983. Plaintiff asserts that her contract in Emporia State University‟s School of Library and Information Management (SLIM) was not renewed because of retaliatory animus on the part of the Defendants, and that her termination was on account of herspeaking out against racial discrimination at ESU and SLIM in 2014 and 2015.
*July 14, 2017: Federal judge orders two separate Section 1983 First Amendment Freedom of Speech Retaliation lawsuits against Emporia State University (ESU), and eight of its leaders, to proceed:
1.) Dr. Melvin Hale vs. Emporia State University et al.
2.) Angelica Hale vs. Emporia State University et al.
The July 14, 2017 Orders are posted below.
*There was also a counterclaim filed by Dr. Melvin Hale against ESU employee Debra Rittgers for First Amendment Freedom of Speech violations. That case information is also posted further below. Update: as of August 2019, the Rittgers case was dismissed (link to dismissal on 8/13/19)
- "Hate crimes" are misconception. Do not exist in Kansas.3:00
- AME Zion Church Massacre. Not A Hate Crime1:14
AP News Story About the Guilty Verdict. Click Here.
More news
APRIL 27, 2017: Dr. Melvin Hale files federal suit against Emporia State employee Debra Rittgers. Dr. Hale's case details first amendment freedom of speech retaliation. This is the third case against ESU employees regarding the hate speech incident on Emporia State University campus (Dr. Hale vs ESU; Angelica Hale vs ESU; Dr. Hale counterclaim against Rittgers). Since this is a 100+ page document, important excerpts are underlined in RED for emphasis in this important filing alleging Rittgers' attempts to thwart free speech.
Scroll below or click on link: http://bit.ly/halerittgers
Scroll filing below or click on link: http://bit.ly/angelicaMOE1
Dr. Melvin Hale and his wife Angelica Hale both worked for ESU's School of Library and Information Management (SLIM)
The first anniversary commemoration of the March on Emporia protest against racism held at Emporia State University, September 15, 2015
●Due to the march, Emporia State had to radically change the way they do business
●A climate of racism at ESU was revealed in a report in 2014 by an internal committee
●March on Emporia unveils a progress report on current racial inequities by ESU
September 15, 2016: On this day last year, more than 150 students, faculty, staff and community protesters and almost a thousand viewers from over 80 universities and organizations watched online as the frustrated community assembled in Kellogg Circle at Emporia State University to demand justice and racial equity after Dr. Melvin Hale and his wife Angelica Hale were retaliated against for speaking out and protesting against racism and a hate incident on campus (at the School of Library and Information Management – SLIM). The Hales and their supporters were also protesting the fact that the university had no tenured black faculty employed at the 153-year old institution in Kansas and students experienced racial tensions in their educational environment.
Dr. Melvin Hale, a 2014 UCLA graduate, states, “Because of the march, our exposure of the wrongs happening on campus, and our sacrifices, opportunities opened up for people of color in a manner that had never before happened at ESU. People are now saying that we did make a difference on campus.”
A progress report:
● There are still zero tenured black male teaching faculty employed at ESU. The exodus of staff, including black librarian Earl Givens and former tenured professor Dr. Nate Terrell in 2015 impacted ESU, but they continued to cover-up of issues of racial injustice and the deficit with an unprecedented hiring and promotion of black employees as they concurrently used the Kansas Attorney General in litigation to deny, fight and ignore the grievances brought out through two federal discrimination lawsuits filed by employees of color.
● In the spirit of continuing to cover up the racial turmoil on campus and to further divert attention from the TWO lawsuits filed by Dr. Hale and Dr. Rajesh Singh (another ESU professor suing the university), ESU callously chose the March on Emporia anniversary date of September 15 to plan inauguration festivities for the incoming president Allison Garrett, and to bring in heavy-hitter, civil rights leader and attorney Fred Gray Sr., who will be rewarded with an honorary doctoral degree from ESU and his longtime friend, incoming president Garrett. Gray will also be able to make money by selling copies of his book, Bus Ride to Justice: Changing the System by the System, the Life and Works of Fred Gray (now available for $32.50 at bookstores) promoted at the inauguration week festivities. Gray said he received a "SIGNIFICANT" contribution from ESU's foundation.
● The University and the police department did not acknowledge that a hate incident occurred, and claimed that the racial slur was just a word on a piece of paper. In reality, the context was a threatening word written on a student’s private notebook insider her office.
● A possible suspect was identified and reported by the Hales to campus officials, but was exonerated by President’s internal “investigation” and later transferred out of the School of Library and Information Management (SLIM).
● A new dean of the library school was hired, Dr. Wooseob Jeong, who is Asian.
● No, logical and fair external investigation was conducted. Thus a federal civil rights discrimination and retaliation lawsuit was filed by Dr. Hale which currently alleges retaliation for reporting and speaking out against a climate of racism at ESU.
● ESU continued its retaliation by not renewing Dr. Hale’s tenure track contract in May 2016 while heartlessly creating a “model diversity initiative” team where all voices are supposedly heard (to this day, they do not acknowledge the Hale’s voices). However, to correct ESU’s cover-up, it is actually the March on Emporia that is at the forefront of Emporia State’s campus social justice initiatives.
● ESU instituted a plan to replace the removal of Dr. Hale and Angelica Hale by an unprecedented hiring and promotion of black staff:
-Jason Brooks was promoted from director of diversity student programs to Assistant Dean of Students for Diversity, Equity and Inclusion.
-Michelle Hammond was immediately hired as the Dean of the library in August so that they could have at least one tenured black faculty in their employment.
-Deanna Williams was hired as the new director of diversity student programs.
● National rankings still show that U.S. News & World Report has given ESU an overall score of under 50 percent, coming in at only 49/100 http://bit.ly/2cYgKrG . Rankings explanation: http://bit.ly/2chlm9E .
● Rankings continue to show that U.S. News & World Report has given ESU a ranking of #108 (a 5-way tie) out of #115 “ranked” universities in the Regional Universities in the Midwest category see: http://bit.ly/2cb6eam for details (there were some unranked universities on the list after 115, the point where the ranking ends).
● The university is being charged with Title VII violations of the Civil Rights Act of 1964, landmark civil rights legislation banning employers from discriminating against employees due to their race, color, religion, sex, or national origin. Among other things, Title VII protects those who report and/or protest against discrimination from retaliation.
● As a result of the ruling, ESU defendants now being charged in the new motion for summary judgment are: Jackie Vietti, Interim President; David Cordle, Provost; Gary Wyatt, Associate Provost; Kevin Johnson, General Counsel and Director of the Koch Center for Leadership and Ethics; Ray Lauber, Associate Director of Human Resources; Mirah Dow, Professor and Interim Dean of SLIM; and Judy Anderson, Executive Director of Human Resources. A counterclaim filed by former defendant Debra Rittgers against Dr. Hale was tossed out of court.
"ESU is, and has always been, pretending that they did not retaliate against me,” says Dr. Hale. “Dr. Mirah Dow, one of the defendants, and a professor in SLIM for over sixteen years, had this to say to me on August 17, 2015, before she was muzzled:
What would their methods look like? Dow said, “They’ve got a lot to lose…no matter how dirty it is, they would in a minute put you and me on the [de]fensive so that we have to represent ourselves to prove otherwise. That’s the game here. They’re looking for any excuse in the world…for it to be something other than what it is.”
This conversation was part of Hale’s Court filing.
ESU received a Jefferson Muzzle Award in 2016 for anti-speech activity in 2015 related to Hale’s complaint of discrimination. “The Thomas Jefferson Center has awarded Jefferson Muzzles to those individuals and institutions responsible for the more egregious or ridiculous affronts to free speech during the preceding year:http://jeffersonmuzzles.org/complete-list/
In June 2016, Judge Crow dismissed additional claims made by Dr. Hale, which includes defamation, false light, and conspiracy. A counterclaim for defamation filed by defendant Debra Rittgers against Dr. Hale was dismissed by the court
CLICK HERE to read the original motion for summary judgment filing on Scribd:http://bit.ly/HaleMSJ
Or click here to READ the Faculty Meeting Transcript
11/9/18 - Federal Judge Rules: ESU to stand trial for Title VII Racial Discrimination
9/15/15 - KSNT-TV: ‘March on Emporia’ protests discrimination at ESU
7/15/15 - WIBW TV: Emporia State University students march for justice
7/31/15 - KSNT-TV: Emporia State couple claims racial harassment at university
7/29/15 - Associated Press: Emporia State couple claims racial harassment at university
Scroll pages below or click on Link: http://bit.ly/haleesu3
3/23/16: Dr. Melvin Hale Files Third Amended Complaint:
Judge's Verdict - Angelica Hale vs Emporia State University (Scroll document below or click link)
8/1/16: Judge tosses out defendant Debra Rittgers' motion to amend his decision to dismiss her counterclaim against Dr. Hale
Federal Judge permits Self-Represented Civil Rights Retaliation Case Against Emporia State and seven of its Leaders to proceed
4/10/17: Dr. Melvin Hale files scathing "Opposition to Defendant's Motion for Judgment on the Pleadings" against ESU and its leaders
"A hate crime is a traditional offense like murder, arson, or vandalism with an added element of bias."
Dr. Hale and UCLA Chancellor
Gene Block
12/8/16: Dr. Melvin Hale's refiles federal retaliation discrimination lawsuit against Emporia State University and seven of its leaders (Scroll filing below or click on link: bit.ly/mhcomplaint )
Scroll below or click on link: bit.ly/mhaleplead
June 5, 2017:
Federal Judge Permits Former Professor’s First Amendment Retaliation Counterclaim Against Emporia State University Library School Employee Debra Rittgers to Proceed
● Federal court rejects library dean’s assistant Rittgers’ attempt to dismiss former assistant professor Dr. Melvin Hale’s counterclaim against Rittgers, who claims that she was defamed after an incident in which a racial slur was found in the office of a graduate assistant at the School of Library and Information Management (SLIM)
● Hale, who is self-represented, claims that Rittgers’ suit is intended to frustrate and silence him for the protected activities of reporting, speaking out and holding protests against racism on the ESU campus in violation of 42 U.S.C. § 1983, a federal law that allows lawsuits for violations of constitutional rights and the First Amendment
Topeka, KS, June 5, 2017– A federal judge in Kansas last Friday rejected attempts by Emporia State University (ESU) employee Debra Rittgers to dismiss a counterclaim brought against her for filing a defamation lawsuit against Dr. Hale, a former professor she worked with at the School of Library and Information Management (SLIM) at ESU. Hale, who argued that Rittgers’ defamation lawsuit amounts to a violation of his right to free speech on a matter of public concern is now allowed to move forward with his counterclaim. In his ruling, Senior District Judge Sam Crow rejected Rittgers’ argument that Hale’s counterclaim was re-litigating a Title VII and First Amendment retaliation lawsuit against ESU of which she was a party to and was dismissed in June 2016. Although Rittgers claims that she is innocent, she has refused to take a definitive handwriting examination, and has instead accepted a blanket exoneration offered by the university after an internal “investigation.”
This is the fourth active federal lawsuit currently being litigated against ESU or employees of the university that include federal constitutional civil rights and retaliation violations due to allegations of racial turmoil at SLIM library school.
Rittgers’ attorney, Larry Michel, used an argument called res judicata, which is similar to the concept of double jeopardy, to abort the counterclaim. Hale argued that his counterclaim was not based on his claims in the other litigation against ESU and seven of its top administrators, which is ongoing, but is based on the fact that Rittgers’ filed a lawsuit against him in October 2016 solely to silence and punish him for speaking out against racism at ESU when Rittgers was implicated in the writing of a racial slur by a noted forensic document examiner. Crow rejected the doctrine of res judicata as being applicable, or that Hale’s counterclaim was invalid on the basis of his previous ruling, one which dismissed Rittgers from Hale’s First Amendment retaliation violation lawsuit against ESU which includes Interim President Jackie Vietti, Provost David Cordle, General Counsel Kevin Johnson, HR Director Judy Anderson, Assistant HR Director Ray Lauber, Assistant Provost Gary Wyatt and Professor Mirah Dow as defendants. In that case, the university is being charged with Title VII violations of the Civil Rights Act of 1964, landmark civil rights legislation banning employers from discriminating against employees due to their race, color, religion, sex, or national origin. Among other things, Title VII protects those who report and/or protest against discrimination from retaliation.
Dr. Hale states that, “The mere existence of hard-fought civil rights is meaningless unless one is able to avail themselves of those rights in a court of law. In the age of the Internet, there is no reason that laymen cannot make sense of the law and the rules of court, and push back against injustice and racism on their own without an attorney when absolutely necessary. ESU, and those aligned with them, appear to believe that they would not have to face justice, and they could behave capriciously because of the difficulty of obtaining legal counsel in Kansas without significant financial resources. My wife and I have to make many personal sacrifices in our fight for justice, but we believe win or lose, that those who acted as if they were above the law will only learn to respect our rights if we take a stand and hold them accountable for their heinous conduct. The court’s current decision regarding my counterclaim provides hope that justice is possible.”
- AME Zion Church Massacre. Not A Hate Crime1:14
On September 9, 2015, ESU stated that their investigation into our claims of a hate crime were false because there has to be a felony conviction before you can have a hate crime, and even then it was solely a sentencing issue. They also stated that there really aren't hate crimes because that is a false idea caused by TV. This is all a BIG LIE. ESU's investigation and its results were a flagrant sham. ESU owes us, and the public, much more than an apology.
- 8/17/2015 SLIM Faculty Meeting3:11