You’ve been wondering how the plotocrats can get away with all that malice? To practically brag about it in writing? On University letterhead? The Legislature has their back.
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Mr. William H. Clark
21203 Paseo de Vaca Street
Lago Vista, TX 78645
Dear Mr. Clark:
I am writing in response to your request for assistance in addressing your dismissal from The University of Texas at Austin’s aerospace engineering graduate program. As a state representative, I take seriously any suggestion that a Texas citizen may have experienced unfair treatment from any agency of the state, including the university.
I have thoroughly reviewed all of the material you have provided to me, including copies of material submitted by you to the university and material submitted by the university to you. In addition, I have reviewed the applicable informal and formal grievance procedures of the university with the goal of determining whether the procedures were structured to provide a fair and thorough examination of issues raised and whether the procedures were applied fairly in the case of your dismissal.
At the time of your complaints, the university’s grievance procedure provided that if a graduate student’s complaint could not be resolved informally, the student was entitled to file a written complaint to initiate the formal grievance procedure. The university’s formal grievance procedure provided the opportunity for three levels of review, including adjudication by the appropriate graduate studies committee, then by the office of the vice president and dean of graduate studies, and finally by the office of the president. Since the formal grievance procedure provided two levels of appeal, the procedure gave a graduate student the right not only to have the student’s complaint examined but also to have that complaint reexamined twice. In addition, the procedure provided the opportunity for the student to exclude a member of any panel convened at the first level. It appears that the available grievance procedure provided you with a fair opportunity to present your side of the story at several levels, and that the procedure compares favorably to procedures used in similar institutional settings.
Given that the university’s grievance procedure itself seems to have been designed to provide a fair and thorough review, the question remains whether the procedure was applied fairly in your case. At each level, each of your complaints appears to have been specifically discussed. There is nothing in the university’s actual application of the formal grievance procedure to your complaints that seems to lack thoroughness or fairness.
Mr. William H. Clark August 5, 2005 Page2
Please understand that the legislature has no authority to affect the outcome of a particular case, and I am not in a position to second-guess the academic findings of the university. I expect the university to treat its students fairly, however, and have scrutinized this matter closely to determine whether the university has institutional safeguards in place to ensure that legitimate grievances are dealt with appropriately. Given that the university’s grievance procedure in place at the time your grievances were considered appears to have been adequate and to have been applied fairly in your case, and that the current grievance procedure seems to be fair as well, I do not believe that there is a legislative remedy that would be appropriate. Since you have exhausted your administrative remedies with the university, if you wish to pursue the issues you have raised, I suggest that you consult private legal counsel with expertise in such matters to advise you whether you have any grounds for filing a challenge in court to your dismissal from the university’s graduate program in aerospace engineering. In addition to considering a possible appeal of the university’s decision, experienced counsel may be able to suggest other avenues for you to pursue, such as mediation or a mutually acceptable settlement that might enable you to achieve at least partial satisfaction of your concerns. I know you are frustrated in this matter, but I do not see any other course of action open to you at this juncture.
Sincerely,
Todd Baxter
State Representative
TB:cws
June 15, 2005
The Honorable Todd Baxter Texas State Representative Austin, Texas
Dear Representative Todd Baxter,
I am writing to ask for your assistance in resolving an issue pending with the Texas Professional Engineering Licensing Board. I filed a complaint almost a year ago against Jasmine Engineering for placing my P.E. seal and forging my signature upon this seal; without my permission – in fact, it was done after I left the firm in August 1996. I provided my records of this situation, and gave the Board the name of an eye witness to the forgery of my seal. In fact, other than my word, I provided the Board with a tape recording of a conversation I had with this individual, confirming what I have said. I received one letter from the Board asking for additional information; which I provided but have not heard from them since. Last November I contacted the Executive Director of the Board asking for their determination of the case; this was promised soon, but have had no such notice since.
The Board considered the complaint actionable – it is in fact one of the most severe possible of all violations of the Board Rules – or they would not have initiated an investigation. I would like to know their conclusions, and especially why they have disregarded the word of a reputable designer in their proceedings – not to mention my own testimony.
This is important to me because I was found guilty in a civil lawsuit involving these same drawings against Jasmine Engineering by the City of Austin, just a few months ago. This means I will not be able to get liability insurance to practice engineering; or perhaps even to get a job consulting. This is not right because I did not even seal the drawings for the City of Austin project, as stated in my documentation to the P.E. Board.
I would appreciate anything you could do to see what the Board has done on my behalf. Regards,
William H. Clark II
21203 Paseo de Vaca Street Lago Vista TX 78645
