"LSU administrators paid at outrageous levels, with faculty far behind:" Professor A.R. Rau's letter to the Baton Rouge Advocate

Professor A.R.P Rau published a letter to the editor of the Advocate this morning. I am printing the letter in its entirety.

LSU recently hired a football coach for an obscene $100 million. Athletic directors, other coaches, and umpteen assistant coaches have million-dollar salaries. And now the revenue secretary who is stepping down from state government is being hired as “chief administrative officer” at LSU for $370,000 in place of her previous $250,000.

LSU’s chancellor-president was recently hired for $750,000 plus substantial house and car allowances. There is a provost, and multiple vice chancellors and vice provosts, all making equally impressive six figures.

Why then is a new administrative officer needed, created by fiat by administrators and the LSU Board of Supervisors? This is taxpayer money.

The rot started with then-chancellor Mark Emmert. By bringing Nick Saban as a multi-million-dollar coach, he parlayed that to doubling his own salary, out of all proportion to salaries of faculty or staff. He went to his own further millions at the NCAA but left behind administrators down the line, all making huge salaries, more than double that of professors with decades of teaching, research and scholarship.

This has been noted elsewhere as “rapacious contemporary capitalism” at institutions that were created by societies for different purposes. It is an abuse of the tax-exempt status granted them on the grounds that knowledge generated and taught is a societal good.

LSU’s worth rests on its performance in education. Hiring contingent faculty at fractions of even the smallest numbers cited above, and grudging graduate teaching assistants who are paid even less minus health insurance and other fees they then must pay out of pocket, is shameful.

I leave as an exercise to our boards to calculate how many assistant professors, adjunct instructors, and graduate TAs would be supported by that $370,000 they conjured out of thin air for this new administrative hire.

A.R.P. RAU
professor
Baton Rouge

Revenue Secretary Kimberly Lewis will make $370,000 in new LSU job

College students: Don't Take Out Student Loans to Pay for a Luxury Apartment

 When I was a child, my parents were poor. That was OK because almost everyone in my little Oklahoma town was poor, and we all told each other that we were in the middle class.

By the time I graduated high school, my parents had clawed their way into the actual middle class, and they sent me off to Oklahoma State University to be "educated."

I moved my stuff (a few clothes and an electric popcorn popper) into Cordell Hall, an enormous and depressing men's dorm. I could have signed up to live in a newer dorm--one that had air conditioning, but that would have cost my parents more money.

Reflecting back on that experience, Cordell Hall wasn't so bad. My roommate and I installed a window fan that kept our dorm room temperature down to a comfortable 85 degrees, and I became friends with dozens of guys who were sweating it out with me in Cordell Hall.

Today, college kids have more housing options. They can live in a university dormitory or move into a "luxury" student apartment complex.

What is a luxury apartment complex? Based on the advertising, it is an apartment building with a "resort-style" swimming pool, a fitness gym, in-unit clothes washers and driers, granite kitchen counters, and big televisions. 

What does that cost? A lot. A one-bedroom apartment with a bath can cost $1100 a month or more. Older apartment complexes are cheaper, and students can always cut their costs a bit by sharing a unit.  In Baton Rouge, the luxury apartment complexes have lots of five-bedroom apartments for rent.

Millions of young people from low-income families arrive on their college campuses with access to more cash than they've ever seen before--cash in the form of federal student loans.  If they use some of that loan money to rent a luxury apartment, they can live better than their parents.

What does it matter how much an apartment costs if students take out student loans to pay the rent? And if they max out on the amount of federal loan money they need, they can get their parents or grandparents to take out Parent PLUS loans.

But hear these words of caution. Students should not take on more college debt just to live in a luxury apartment complex with a swimming pool and a fitness gym.  

Why? Because it is easy to get used to so-called luxury living while in college. And students who take out loans to pay for a classy address may graduate to find they can't get a job that pays enough to support their upscale lifestyle.

If that happens, these hapless students will wake up to the shock of seeing their standard of living go down after they graduate.  They may wind up having to vacate their luxury apartment to move into a dump on the wrong side of town--the dump where they should have lived while they were in college.

The Vue: Another Luxury Student Apartment Complex is Coming to Baton Rouge

LSU uses COVID money to clear student debt: "What a good boy am I!"

 Louisiana State University announced this week that it will use $7 million in COVID relief money to clear debts that students owe the university. About 4,000 students will benefit.

That's wonderful!

But before we stand up and cheer, let's recognize that LSU is not spending $7 million to help students pay off their federal student loans. LSU is using COVID relief money to clear debts that students owe LSU--including outstanding balances on tuition, fees, and debt owed LSU for housing, meal plans, and parking.

Much of that debt is probably uncollectible. Students who dropped out of LSU in mid-semester may have left owing unpaid balances on meal plans, dorm rent, and parking tickets. But how can the university collect on that debt unless it sues the former student in court?

Do you think a student who dropped out of LSU in April 2020 and went back to his home in Dry Prong, Louisiana, is going to pay the university the 200 bucks he owes for parking violations? I would guess not.

By clearing that debt with federal money, LSU is simply paying itself.  All that is well and good, but should LSU and the other universities that adopt this strategy pat themselves on the back?  

LSU describes its actions as student-centered, but it is really acting in its own self-interest. Students who leave LSU owing unpaid bills can't get their transcripts and can be barred from registering for more classes. By paying off student debts with federal money, LSU enables former students to re-enroll.

I would be more impressed with universities following LSU's path if even one elite college president would speak out about the student loan crisis.  Approximately 45 million Americans owe $1.7 trillion in federal loans, and a high percentage can't pay those loans back.

I haven't heard a single college president call for bankruptcy reform to allow distressed college borrowers to shed their oppressive student loans in bankruptcy. I haven't heard one college CEO speak out about abuses in the for-profit college sector. And no college leader will admit that tuition costs are too high. 

No, universities are taking their cue from Little Jack Horner. They use fed money to pay themselves and say, "What a good boy am I!"

Two LSU professors say they will refuse to teach incoming freshman who used the "n" word in a video: I disagree

Once upon a time, colleges and schools had the job of inculcating civic virtues in their students: to introduce them to the marketplace of ideas, to think objectively and rationally, to be tolerant of others, and to appreciate diverse values and cultures.

But maybe those days are past. According to some academics, incoming students should be vetted to make sure they already have a particular set of values.  If they don't have those values before enrolling, they should be refused admission.

That seems to be the view of two professors at Louisiana State University who vow not to teach an incoming freshman should he try to enroll in their classes. Why? Because the poor sap used the "n" word in a video that became widely publicized.

I think they are wrong to take that position.

Don't misunderstand me. I abhor racist speech and racist sentiments. The young person who used that word acted wrongly. But how will a public university inculcate better values if it refuses to admit someone intolerant or wrongheaded on issues of race?

I'm retired, but I would not refuse to teach this student. If he took my class on higher education law, he would be exposed to some of the famous civil rights cases of the U.S. Supreme Court: Sweatt v. Painter, Brown v. Board of Education, and Grutter v. Bollinger. If he were a student in my classroom, he would be learning about American law in a multicultural environment because a significant percentage of my students are African Americans.

The two professors say they will drop students from their classes who have a record of engaging in hate speech.  Allysa Johnson is an assistant professor in the Department of  Biological Sciences.  William Doerrler is an associate professor in the same department.  

Both professors are widely published, and I'm guessing that students who take their classes will be exposed to the fascinating and broadly useful research in the biological sciences.  Professor Johnson specializes in the genetic causes of age-related degenerative diseases.  Professor Doerrler researches in the area of bacterial resistance to antibiotics--a critical medical issue.

I do not know anything about the student whom Professors Johnson and Doerrler want to bar from their classrooms. Perhaps the student is an avowed racist with no interest in biology. On the other hand, the misguided kid might make an enormous contribution to American society, were to be admitted to LSU and have his mind opened to new ways of thinking by LSU's eminent faculty.

In my view, refusing to admit a student to a public university classroom because of unfortunate remarks the student made before coming on campus undermines the core mission of a university--which is to nurture and stimulate minds---to help students to become better people.

LSU removes Middleton's name from university library--good. But let's expose all the famous bigots in American higher education--including the ones at Harvard, Stanford, and M.I.T.

Louisiana State University announced that it is changing the name of the university's main library. The library was named after Troy H. Middleton, a genuine hero of World War II and L.S.U.'s president from 1951 to 1962. Unfortunately, by present-day standards, Mr. Middleton was a racist. Mr. Middleton was a bit like Nicholas II, Russia's last czar, who didn't get the memo from the Bolsheviks.

L.S.U.'s current interim president, Tom Galligan, explained the reasons for the change. "Our goal is to erase symbols of things that exemplify a racist past," Galligan stated.

Any student, or particularly a student of color, that has to go into any building which bears the name of someone not identified with progress and [instead] with racist traditions is to inhibit their education. They won't feel safe in that building.

President Galligan is right. It is simply unacceptable to require African Americans to study in buildings that were named after prominent racists.  But I think America's education leaders should widen their examination of our nation's chauvinistic past and expose all famous people in American history who were prejudiced against not only African Americans but Catholics and eastern Europeans as well.

As Thomas Leonard revealed in his book Illiberal Reformers, almost all American intellectuals and political leaders in the late nineteenth and early twentieth centuries were eugenicists. By definition, these people supported efforts to reduce so-called inferior racial strains from America's predominately white, Anglo-Saxon population.

Francis A. Walker, president of M.I.T. (1881-1897), was a eugenicist who was prejudiced against eastern and southern Europeans. Anderson Dixon White, president of Cornell  University(1866-1885), portrayed European immigrants as barbarian invaders. David Starr Jordan, president of Stanford from 1891 to 1913, held similar views.

Moreover, American intellectuals during this period were almost universally prejudiced against Catholics. For example, Christopher Columbus Langdell, Dean of Harvard Law School (1870-1895), refused to admit graduates from Catholic colleges to Harvard Law School.

Harvard's president, Charles William Eliot, supported Langdell's bigoted policy, claiming it was based on the inferior quality of Catholic colleges and not prejudice. Was President Eliot himself an anti-Catholic bigot?  You bet. On a trip to Europe in the mid-1860s, he wrote: "I hate Catholicism as I do poison, and all the pomp and power of the Church is depressing and mortifying me."

Racial and religious prejudice among American intellectuals during the Progressive era is well documented, and yet we are not renaming buildings that were named after prominent bigots.  Harvard's law library is still named after Dean Langdell.  Stanford still has a campus building named after David Starr Jordan. Walker Memorial at M.I.T. still honors its eugenicist president.

So here is my plea to American higher education. Yes, scrub the names of racists from campus buildings. But don't settle for outing Confederates and relatively obscure guys like Mr. Middleton.  Change the names of buildings that honor prominent eugenicists and religious bigots, including the buildings at Stanford, Cornell, Harvard, and M.I.T.

That's a big job, so you better get started.

Christopher Columbus Langdell: Bigot-in-Chief at Harvard Law School (1870-1895)

Don't want no stinkin' Louisiana driver's license: Andrea Ballinger, LSU administrator with six-figure salary, quits her job rather than get Louisiana driver's license

Louisiana law requires unclassified state employees who earn salaries over $100,000 per year to obtain Louisiana drivers licenses and register their cars in Louisiana.

A few days ago, four LSU administrators, all making six figures, quit their jobs rather than comply with the law. All four claim Illinois as their primary residence, and three of them worked for LSU at least part of the time from Illinois.

Who are these jokers?

Andrea Ballinger, LSU's Chief Technology Officer, makes $268,000 a year. She left Illinois State University in 2017, where she made $193,424.  Apparently, LSU was so desperate to hire Ballinger that it gave her a $20,000 moving stipend.

Matthew Helm, LSU's assistant vice president in information technology services, draws a salary of $202,085.

Susan Flanagin, director in information technology services, makes $149,000.

Thomas Glenn, LSU's director of information technology services, gets paid $144,000 a year.

If I were making more than a quarter of a million dollars to work at a Louisiana university, I would damn well get a Louisiana driver's license and put a Louisiana license plate on my humble Subaru.

So why would these knuckleheads quit their jobs rather than register their cars in Louisiana?  Their lame explanation: Getting Louisiana driver's licenses and registering their cars in Louisiana would violate Illinois law!

I doubt we will ever know the full story, but here is my guess: All four of these characters have some sort of financial tie to Illinois that would be jeopardized if they established legal residence in Louisiana. If so, those ties must be substantial for them to give up their high-paying gigs at LSU.

Apparently, all four former LSU employees are leaving the Pelican State and heading back to the Land of Lincoln. I say good riddance!

Andrea Ballinger, LSU's former chief technology officer

An anti-hazing foundation? Fraternity hazing will stop when hazers go to prison

Last August, Stephen and Rae Ann Gruver, a Georgia couple, sent their son Maxwell to LSU, where he pledged Phi Delta Theta fraternity. One month later, Max was dead, killed in a hazing episode. He had been forced to drink 190 proof alcohol in a fraternity exercise cynically titled "Bible study."

According to the coroner, Max had massive amounts of alcohol in his system at the time of his death--more than six times the legal limit. Experts said he asphyxiated in his own vomit but probably died painlessly because he was unconscious when he passed away.

Max's parents did what many parents do when they lose a child to a a senseless death; they threw themselves into a heroic effort to prevent others from dying the way their son did. In Max's honor, the Gruvers started an anti-hazing foundation, dedicated to raising public awareness about college hazing. They also distributed 30,000 silicon wristbands that say "Stop the Hazing."

In addition, the Gruvers endorsed a law that will grant "medical amnesty" to anyone who reports acute alcohol poisoning as a medical emergency. And they are calling for more transparency about fraternity hazing. If they had known about Phi Delta Theta's history of hazing, the Gruvers say, they never would have allowed Max to pledge that group.

LSU officials publicly support the Gruvers' efforts. I'm sure they were particularly pleased to hear the Gruvers' call for more transparency because "transparency" is a word college administrators dearly love. It rolls over the tongue so smoothly, like a single-malt scotch. And when college administrators use that word--and they use it often--they are never telling the truth.

Already, LSU is equivocating about some of the Gruvers' demands. Ernie Ballard, a school spokesperson, pointed out the problems with amnesty. "Every university struggles with the balance of amnesty and penalties," Ballard explained. If too many conditions are attached to amnesty, students discount its value. On the other hand, "if the amnesty is too broad, habitual offenders may not be held accountable."

LSU president F. King Alexander and Governor John Bel Edwards are talking about tougher penalties for fraternity hazing. But they are "concerned" that tougher sanctions might deter students from reporting bad behavior.

Apparently then, hazing is a conundrum--requiring long and tedious deliberation.

But here is the truth about fraternity hazing. More than forty states already have anti-hazing statutes, some of them dating back more than half a century. And many of these statutes contain amnesty or immunity provisions.

And the Clery Act, passed more than 25 years ago, requires all colleges and universities to file annual reports of criminal activity, including assaults, as a condition of receiving federal funds. The Clery Act was put in place to ensure transparency on college campuses--the very thing the Gruvers are demanding.

Nevertheless, in spite of anti-hazing statutes and the Clery Act, four college students died this year from hazing or criminally negligent drinking episodes.

Hazing won't stop on college campuses until the hazers are sent to prison. If one LSU fraternity boy were sent to Angola State Prison for pouring 190 proof alcohol down some poor kid's throat, LSU would have a lot less hazing.

And hazing won't stop until the universities are held liable for damages when hazing occurs. LSU has anti-hazing policies on its books, and it is willing to deliver a slap on the wrist to fraternities when hazing is discovered. But how much more serious would LSU be about hazing if the Gruvers obtained a quarter-of-a-billion dollar judgment against it?  A lot more serious, I warrant.

The Gruver tragedy will soon be forgotten. A few months from now, the local district attorney will conclude he has more important things to do than prosecute college boys for hazing. A deal will be struck of some kind, and no one will go to jail. LSU or some of its wealthy supporters will make a generous donation to the Max Gruver Foundation, and the Gruvers won't sue.

And next year, or two or three years from now, another college boy will die in his own vomit at a fraternity hazing exercise.  And then we will hear another call for more transparency.

Angola State Prison, where LSU hazers belong

References

Rebekah Allen. 'He would have done great things with his life.' 2017.The (Baton Rouge) Advocate, December 30, 2017.

Rebekah Allen, Grace Toohey, and Emma Discher. 10 booked in LSU fraternity hazing death case. The (Baton Rouge) Advocate, October 12, 2017, p. 1.

Lela Skene. LSU fraternity pledge Maxwell Gruver's 'off the charts' blood-alcohol level shocks experts. The (Baton Rouge) Advocate, October 11, 2017.

Louisiana State University: $30 water bottles, an official personal-injury law firm, and a student's death from alcohol poisoning

I live a couple of blocks from Louisiana State University, and I occasionally visit the campus book store. Or I should say I visit the Barnes & Noble book store that operates on the LSU campus.

As I walked in a few days ago, I noticed a large stack of plastic water bottles, all bearing the LSU logo. How much does such a water bottle cost, I asked myself? I discovered there are two versions. The basic plastic water bottle is priced at $25 and the premium bottle costs 27 bucks.  Actually, the premium bottle costs almost $30 because the buyer also pays a 10 percent sales tax.

Thirty dollars for a plastic water bottle!

The campus bookstore also has a coffee bar that sells Starbucks coffee for about four bucks a pop. Incidentally, the coffee bar is not owned by Starbucks so you can't use your Starbucks gift card there to buy your Starbucks coffee.

But that's OK because most students have debit cards, which they whip out to pay for everything. And how are students paying for $30 water bottles and four-buck exotic coffee? With student loans, of course.

But the expensive items at the Barnes & Noble bookstore are small beer. LSU recently completed a $85 million leisure project that includes a a 645-foot "lazy river" water feature shaped in the letters LSU.

Mercilessly ridiculed for constructing this monstrosity, LSU officials solemnly defended the project. "I will put it up against any other collegiate recreational facility in the country when we are done because we will be the benchmark for the next level,"Laurie Braden,  LSU's recreation director, said in 2015. I have no idea what that means.

LSU's world-class spa is conveniently located near LSU's fraternity houses, but the frat boys apparently are not visiting it enough. Nine members of Phi Delta Theta were indicted this week on charges of hazing after Maxwell Gruver, a freshman from Georgia, died of "acute alcohol intoxication" while at a drinking party.

Hazing is a crime in Louisiana, but the frat boys' lawyers insist that the drinking incident was not hazing. As a matter of fact, a fraternity member lured Gruver to the drinking site by directing him to report for "Bible study." And perhaps that is the proper description of an incident that left Gruver's system pickled with five times the legal amount of alcohol in his system.

In any event, what's the big deal? According to experts, Gruver "probably slipped out of consciousness and died without pain . . ., as if under anesthesia." And no one was charged with murder because, hey, college boys will be college boys.

Mr. Gruver's death will soon be forgotten.  All that matters at LSU is football. LSU's stadium was expanded to seat 103,000 fans, including the high rollers who sit in air-conditioned executive suites and drink premium liquor while the plebeians sweat it out in the cheap seats.

Everyone wants to be associated with the LSU Tigers. In fact, the Tigers have an official personal-injury law firm by the name of Dudley DeBosier. What does it mean to be the LSU Tigers' official injury law firm? Dudley DeBosier explains it to us on its web site:

"Being the Official Injury lawyers of LSU Athletics means more to us than just a simple sponsorship," the firm assures us:

It means hot boudin, jambalaya, fried catfish, and more gumbo than you can eat. It’s thousands of smiling faces walking in between stately oaks and broad magnolias on a Saturday morning. It’s the sound of Tiger Stadium as you cheer on your team with 100,000 of your closest friends. It’s the traditions, tailgates, and everything else we love about Louisiana.

 Got it. So if I get maimed on Interstate 10 by an 18-wheeler, I'm going to hire Dudley DeBosier to sue the trucking company because--well, Dudley DeBosier is LSU's official injury law firm.

Meanwhile, LSU is tearing down an old dorm and constructing new, more luxurious student housing. Some LSU officials feel that the students should live in at least as much splendor as Mike the Tiger--LSU's mascot, who resides in a "habitat" that looks like Club Med.

LSU officials say they are only providing all these amenities because this is what today's students demand. And indeed, the student body voted to pay for the lazy river with student fees.  From the students' perspective, I suppose, the cost of going to college is immaterial. After all, everything is paid for with student loans; and if the costs go up, Uncle Sam and Wells Fargo are always there to loan students more money.

Maxwell Gruver probably "died without pain" from alcohol poisoning

Meanwhile, Mike the Tiger has his own private swimming pool.

References


Rebekah Allen, Grace Toohey, and Emma Discher. 10 booked in LSU fraternity hazing death case. The (Baton Rouge) Advocate, October 12, 2017, p. 1.

Alla Shaheed. LSU's 'lazy river' leisure project rolls on, despite school's budge woes. Fox News, May 17, 2015.

Lela Skene. LSU fraternity pledge Maxwell Gruver's 'off the charts' blood-alcohol level shocks experts. The (Baton Rouge) Advocate, October 11, 2017.

Up the Lazy River without a paddle: Universities use student fees to fund campus renovations and construction

In spite of financial woes so severe that LSU president F. King Alexander ruminated publicly about institutional bankruptcy, Louisiana State University is moving forward with an $85 million "leisure project" that will include a man-made "Lazy River" that spells out "LSU."

Shouldn't this project be put on hold until LSU's financial problems are solved? Not at all. LSU administrators insist that The Lazy River has nothing to do with LSU's budget worries.  This entirely gratuitous facility will be funded by a special fee assessment, which was earmarked for the Lazy River and the Lazy River alone.

But why? Laurie Braden, LSU's Director of Recreation said simply this: "I will put it up against any other collegiate recreational facility in the country when we are done because we will be the benchmark for the next level.”

Of course, LSU is not the only institution that is using student fees to fund campus construction and renovation projects. The New York Times reported recently that some universities are tacking mandatory meal plans on students' tuition bills, even if they don't eat on campus.  As reported in the Times, the University of Tennessee slapped a $300-per-semester meal plan on all undergraduates who do not purchase other meal plans, including commuters. The revenue generated will help pay for a new student union.

According to the Times, universities are outsourcing food services to private contractors and boasting about the cost savings. But as the Times noted, the cost of these contractual arrangements generally gets passed on to students.

Moreover, Times reporter Stephanie Saul wrote, "the particulars of the contracts reveal that much of the meal plan cost does not go for food at all. Colleges use the money to shore up their balance sheets, build workout facilities, create academic programs and projects, fund special "training tables" to feed athletes, and even pay for meals for prospective students touring campus."

All across America, anguished families are struggling with the high cost of attending college. "Why does it cost so much?" they ask.  "Reduced state funding,"glassy-eyed college administrators always mutter: that's the sole source of the problem.

But that's not true. Excessive student fees, outsourcing student services, cozy contractual relations with banks that manage students' money--all these things add up.

Why do college leaders outsource so many services and tack on so many fees?

Because they're lazy.  It is easier for university administrators to raise tuition every year and to tack on additional fees and charges than to make tough decisions about managing their institutions more efficiently.

So Lazy River is an apt metaphor for the state of higher education today. Every year, millions of students borrow more and more money in order to drift up a lazy river of increasingly expensive higher education, inching their way toward financial disaster.

The situation wouldn't be so bad if deserving students could discharge their overwhelming student-loan debt in bankruptcy. But most of them can't. They've truly gone up that Lazy River without a paddle.

LSU's proposed water recreation facility:
Up the Lazy River without a paddle

References

Stephanie Saul. Student Meal Plans Also Fund Renovations at Some Colleges.  New York Times, December 6, 2015, p. 1. Accessible at: http://www.houstonchronicle.com/news/nation-world/nation/article/Student-meal-plans-also-fund-renovations-at-some-6678716.php

Aalia Shaheed. LSU's *85M 'lazy river' leisure project rolls on, despite school's budget woes. Fox News, May 17, 2015.  Accessible at: http://www.foxnews.com/us/2015/05/17/lsu-85m-lazy-river-leisure-project-rolls-on-despite-school-budget-woes/

Memo to LSU: Fire Your Lawyers, Fire Your Executive Search Firm, and Apologize to Judge Clark

When I practiced law years ago, my senior partner gave me three good pieces of advice.

1. Always comply with a court order.
2. Never hide relevant documents that are the subject of a legitimate request in civil litigation.
3. Admit your mistakes and do everything you can to repair the damage.

LSU has acted contrary to all this good advice, and it will pay the price.

Bill Funk
LSU should fire him

This morning, Judge Clark ordered the Sheriff of East Baton Rouge Parish to go to LSU and retrieve documents pertaining to LSU's search for a new president.  Judge Clark ordered LSU to make the documents available to the Baton Rouge Advocate last April. According to Judge Clark, those documents are subject to Louisiana's open records law and LSU cannot lawfully conceal them.  LSU refused to comply and has been in contempt of Judge Clark's order for about four months.

This afternoon, two sheriff's deputies went on campus to get the documents and came away empty handed. LSU claims it has no documents to turn over and that all relevant documents pertaining to its presidential search are in the hands of William Funk and Associates, an executive search firm located in Dallas.

In short, LSU has contemptuously defied Judge Clark's order, acting no doubt on the advice of its

Say you''re sorry, Bobby

attorney, Jimmy Faircloth.  And who is LSU protecting by hiding its presidential search documents?  Bill Funk and his executive search firm, whose business runs more smoothly if candidates for executive jobs can keep their identities confidential.  And you can bet your last dollar that Mr. Funk was paid handsomely to produce LSU's new president, King Alexander.

This is going to end badly for LSU. It made a huge mistake toying with Judge Clark.  What can it do to begin repairing the damage?

First, it should fire Jimmy Faircloth, who gave LSU such bad advice.

Second, it should fire Bill Funk and never again use an executive search firm that insists on secrecy in an LSU executive search.

Third, Bobby Yarborough, the chairman of the LSU Board of Supervisors, should go to Judge Clark's court without an attorney and turn over the documents Judge Clark demanded.  Then Mr. Yarborough

Oh yeah. Fire this guy too.

should personally apologize to Judge Clark, to the students of LSU and to the people of Louisiana.

The New Arrogance of Our Public Universities: LSU Refuses to Comply with a Court Order

Mark Emmert: LSU Prez 1999-2004
Goodbye, Mark. We hardly knew ye!

Never disobey a court order--this was the advice my senior partner gave me when I practiced law as a young man.  You can protest a judge's order, appeal the order, seek to have the order rescinded, but never disobey. 

And of course this was good advice. The rule of law in the United States breaks down completely if some parties feel free to disregard the rulings of the courts. 

But maybe the old rules no longer apply.  The Baton Rouge Advocate reported yesterday that Louisiana State University refused to comply with Judge Janice Clark's order to turn over the records of LSU's recent search for a new Chancellor, a search that ended last spring with the selection of F. King Alexander. 

Judge Clark ruled that LSU is in contempt of court for refusing to turn over the records, and she fined the university $500 a day until it complies. As of August 14th, the total fine amounts to about $46,000.

Judge Clark's ruling came as the result of a lawsuit filed The Advocate and The New Orleans Times-Picayune.  The newspapers had sued LSU under Louisiana's open records law, seeking to get the records of LSU's Chancellor search process.  The newspapers want to know the names of the other applicants for the Chancellor's job.  According to the Advocate, there were 34 semi-finalists whose names were never revealed.

LSU maintains that these 34 individuals never formally applied for the Chancellor's position.  According to LSU, Alexander was the sole formal applicant, and thus LSU is only obliged to reveal Alexander's name in connection with the Chancellor search process.

This is sheer sophistry. It is ludicrous for LSU to argue that King Alexander, the man who was named Chancellor of LSU, is the only guy who applied for the job.  Without question other people also sought the position.

LSU argues that Alexander was the only applicant in a technical sense under its interpretation of the open records law. But Judge Clark and a Louisiana appellate court rejected LSU's argument, and Judge Clark ordered LSU to turn over the records. Now LSU is obliged to comply with Judge Clark's order.

Why--you are probably asking--does LSU want to hide the names of people who applied for the LSU Chancellor's job? LSU argues that revealing the names discourages good candidates from applying for the position.  If a sitting college president applies for the LSU Chancellor's job and the president's present employer finds out, then the president might find his or her current job in jeopardy.

That is reasonable argument, and many universities across the United States basically take the same position. We must keep our executive searches secret, they say, so we can attract the best candidates.

But look who benefits from this philosophy--college presidents and other senior executives who are constantly trolling for their next job and don't want people to know about it.

On the other hand, don't our universities and other public institutions deserve to know if their leaders are in the job market?  Of course they do.

And here is an example of why it is important for a university to know that its chief executive is looking for a new job. LSU hired Mark Emmert as its chancellor in 1999, hiring him away from the University of Connecticut where Emmert was president.  As a recent USA Today story documented, Emmert left UConn just ahead of a scandal having to do with construction projects.  Emmert stayed at LSU five years and left for the University of Washington, leaving behind a scandal in LSU's athletic program. 

As USA Today pointed out, Emmert seems to have a record of moving from place to place, leaving scandals behind at his former jobs.  "Rightly or wrongly," the USA Today reporter observed, Emmert "has a history of dodging blame in scandals that have festered on his campuses, sometimes moving on to a more lucrative job before the full extent becomes known."

Today, our colleges and universities are experiencing a crisis in moral leadership.  College presidents have basically become fund raisers who are paid exorbitant salaries.  Many are constantly looking for their next gig and an an even bigger pay check.

It seems to me that university governing boards and taxpayers are entitled to know if their executive leaders are shopping around for new jobs.  For one thing, that fact may be an indication the executive wants to leave before a scandal breaks.

There was a time when universities followed the law, but no longer.  Increasingly, they have become arrogant institutions, raising tuition nearly every year, paying their senior leaders fat salaries and benefits, and resisting all efforts to hold them accountable.

I agree with the Baton Rouge Advocate's editorial on this controversy. By refusing to turn over records of its Chancellor search process, LSU has shown contempt not only for a court but for the people LSU is supposed to serve--the people of Louisiana.

Refereces

Editorial. Our Views: LSU Board shows its contempt. Baton Rouge Advocate, August 16, 2013. Accessible at: http://theadvocate.com/news/opinion/6783345-123/our-views-lsu-board-shows

Joe Gyan Jr. Judge fines LSU Board. The (Baton Rouge) Advocate. August 15, 2013, p. 1.

Brent Schrotetenboer. Digging into the past of NCAA President Mark Emmert. USA Today, April 2, 2013. Accessible at: http://www.usatoday.com/story/sports/ncaab/2013/04/02/ncaa-president-emmert-previous-cases-uconn-lsu/2047607/

Rodger Sherman. Mark Emmert failed to oversee at UConn and LSU too, according to LSU Today. SBNation.com.  Accessible at: http://www.sbnation.com/college-football/2013/4/3/4176742/mark-emmert-ncaa-president-usa-today