Corruption In Higher Education (Pt1)
Corruption In Higher Education
How A Letter Delivered To Former Fairmont State University President Dr. Mirta Martin Uncovered A Corrupt World Of West Virginia Politics That Includes Secret Meetings at the Capitol, Personal Agendas, Deep Loyalties and Governor Jim Justice: (Part 1)
By Nicole Leigh
West Virginia Watchdog
September 2022
I rang the doorbell of Shaw House. The on campus residence of now former Fairmont State University President. The sound of barking immediately could be heard as a figure approached the glass door. She greeted me wearily, holding her small dog. "She doesn't bite.” she assured. I almost didn't recognize her. Usually dressed to perfection, with an unfailing smile and not a hair out of place, Dr. Martin was in slippers, with no makeup, wearing a housecoat and a tired face, full of heartache. The large home, partially empty, was scattered with boxes and seemed to echo as her voice trembled and she directed me up the stairs to her office. Immediately there, she burst into tears, simply overwhelmed by just the presence of a visitor. "This week we started to pack” She shared, “It’s been really difficult.”
The inside world of Public Higher Education, is a perpetual executive session of NDAs and non disparaging clauses. A world consumed with money, image, politics and hypocrisy. A business of social status and bloated salaries. While students go into debt to get an education, some could possibly achieve free on YouTube, and they rally at games in exciting rivalries, those on the top operate in a world very different than the one many will ever see. A President, consumed with the obligations of their position.
They are to be the image, the face of the institution. Not bound just by the endless student events which they passionately show their support, but also to the staff and faculty which they must manage. Carefully attempting to be objective and understand the positions, tenors, resentments, sense of entitlements and demands of many personalities. There’s the obligations they have to the donors. The “big fish”, often alumni, demanding attention and some level of expected schmoozing, in return of the promise of a donation. Often, they have obligations to numerous boards throughout the state, which demand time and expertise in order to make collective decisions for all the higher education institutions involved. They have their community that looks to the institution with a strong sense of pride. A symbolic beacon of beauty and admiration in their town, the institution may be one that many generations have attended, or could be a hope others are now finally able to achieve.
The Presidents obligations, which stretch throughout their days, weeks, months and year, in just these facets alone would be one that we could look at as more of a public relations job than otherwise. Draining them of an ability to lead normal lives or to give enough of themselves to those they love, because these Presidents are a part of their institutions and love them as if they were every bit a living entity, much to the detriment of their personal relationships. Their devotion can be praised and admired, but their true sacrifice is rarely ever seen or understood, at least by anyone other than those they allow in as they step out of their costume of public perfection in order to just be, for a short moment, themselves.
But then we get into the true control of every college. The wizard behind the curtain. The Board of Governors. Appointed by the Governor himself, each member has their own specific agenda and personal associations. The President may oversee the faculty, the staff, the donors, the students, but the Board of Governors oversee the President. Though when the bad is bad, rarely does a board take responsibility onto themselves. Much of the public does not see the Board of Governors, except perhaps at the six required, and often poorly attended, public meetings held according to the Open Meetings Act.
Higher education is unlike any other major entity, yet it’s run like a high powered corporation while being a public, tax funded, institution. With this unique designation comes the entanglement of politics, money and ultimately, corruption.
A good public higher education institution is a team. Working together toward a common goal, each member knows their role and does their best to stay within it. The lines get blurred when the role of the board is not adequately conveyed to neither the public nor to the board members themselves, resulting in ulterior motives and a battle for power that causes discord and confusion.
The Board of Governors are the unseen entity which each President must run their decisions by. A President, as the face of the institution, may be vilified for a specific program cut, while in fact it was the Board of Governors who pulled the trigger and then refused to allow the President the autonomy to speak freely on the subject. A board not properly held within their roles, can easily become the puppeteers. Every meeting, every speech, every conference by the President, throughly scrutinized and controlled. Many Presidents may be no more than a ventriloquist doll for a Board of Governors who refuse to take accountability and then attempt to hide any semblance of transparency behind the guise of a NDA.
Mirta Martin came to Fairmont State University in October of 2017 with a resume of exceptional achievements. Speaking three languages and holding a Bachelors Degree from Duke University, a Masters in Business Administration, a PHD in Philosophy and over 35 years experience, Dr. Martin was easily a stand out among candidates. She had an ambitious vision for Fairmont State. One that would have the college be viewed on the same playing field, as West Virginia’s other major higher education institutions.
One source remembered Dr. Martin saying, “When people think of West Virginia Higher Education, they think ‘WVU, Marshall and the rest of them’. I want them to think ‘WVU, Marshall, Fairmont State and the rest of them’.”
During her time at Fairmont State, Dr. Martin’s vision was well on its way to becoming a reality. A University drowning in debt and with the threat of a state takeover, Dr. Martin accomplished a $20.5 million turnaround in net position. Endowments to the university increased from $33 million to $47.2 million and it was awarded a grant for nearly $1.8 million for a continued collaborative partnership with NASA’s Independent Verification and Validation Program. In 2020, according to The Hechinger Report’s Financial Fitness Tracker, it was the only West Virginia public university to pass all financial stress indicators.
Under Dr. Martin’s leadership, and during Covid, Fairmont State, while never laying off any employees, was able to maintain an A2 Stable bond rating when many other institutions were being down graded. Enrollment of first time freshman increased 3% and by 2020 there was an admission yield rate of 15.7% with a 6% rise in retention. 222 student-athletes recorded a 3.0 GPA or higher during Spring of 2021, with 80 student-athletes achieving a perfect 4.0 During her time as Fairmont State President, the university launched 36 new and unique programs. In collaboration with Lt Col Joel Kirk, Director of Aviation Center of Excellence, the Flight Training Center was developed for the unprecedented demand for pilots worldwide. Since that time, the Fairmont State’s Flying Falcons has flown more than10k flight hours and produced 250 flight certifications.
In addition to becoming one of only twenty-three universities in the United States to partner with the US Air Force and launch JROTC Flight Academy, Intelligent.com named it one of the nation’s best online military friendly colleges three years in a row. It was named as one of the top thirty universities for Bachelor’s degrees in Forensic Science and the School of Nursing was ranked #1 as the best nursing program in West Virginia by RNCareers.org. The School of Education has earned an “A” rating by the National Council on Teacher Quality and Study.com ranked it #25 as the best education school in the country.
Dr. Martin was appointed by Governor Justice, to serve on the Blue Ribbon Commission for Four-Year Higher Education, where she was selected to serve on the Finance Sub-Committee “She had an expertise in finance and she was a great leader.” Another member recalled of Martin’s time on the commission, “When none of us could agree, she was able to take a formula, put it together and get us all on the same page.”
The confidence in her leadership by Martin’s colleagues was apparent in her being elected President of both the West Virginia Council of Presidents and the Board of Directors of the Mountain East Conference.
She was also a member of the Mountain East Conference Covid-19 Task Force, where she was looked toward as a model for many campus regulations. “She had very strict Covid Protocols to keep her campus safe. Some things some of us others would implement, some were just too strict for us.”, one public university president remembered. “No one ever questioned whether she had the best interest of her school at heart though. We had a lot of admiration for her. Many of us never wanted to be on campus and would stay away, but Mirta never left.”
Students on campus quickly became a cheerleader for their President. Her unique style of personal relations was something they responded to. For them it was the way she attempted to understand the life of students more than others had before. Just one example of this was her insistence in living in a dorm for over a month to better understand the way they operated and any improvements needed. She had an open door policy, regularly ate in the Falcon Center with students and often handed out her personal cell phone number to those in need of help or mentoring.
But it wasn’t just students and other Presidents that saw Dr. Martin as a leader to be admired. Numerous West Virginia publications also held her in high esteem. Just a few examples would be her named “Wonder Woman” in the profile done by West Virginia Living, listed as one of NCWV Life magazines “Inspiring Women”, highlighted as a “Talent Transplant” by West Virginia Executive Magazine and named 2019 Educator of the Year by WV News.
In Dec 2020, Fairmont State University Board of Governors released a statement regarding Dr. Martin’s evaluation going into the second year of her renewed contract.
President Martin’s tenure at the University has proven to be nothing short of impressive, and I look forward to the continued progress under her leadership. On behalf of the entire Board, I am confident that Dr. Martin’s knowledge and expertise in the ever-changing higher education atmosphere will continue to serve the University well.
(David Goldberg, Fairmont State Board Chair)
President Martin has enabled the University to grow, putting the University on the map and earning national recognition in various arenas. We are grateful for the outstanding leadership displayed by President Martin and the quality, transformative educational opportunities cultivated for our students during her tenure at the University.
(Rusty Hutson, Fairmont State Board Vice Chair)
The Meeting Heard Round The State
On Tuesday, May 17th, the day before a scheduled Board of Governors meeting, Dr. Martin sent a letter to her Falcon Family relaying her decision to not seek a renewal to her contract, which was due to terminate at the end of the year. In that statement, Martin expressed her intentions to fulfill the remaining months of her contract and assist with the transition of leadership. She also expressed her love and gratitude to the Fairmont State community for allowing her to serve as their President.
…I will step down at the end of the contract, on December 28, 2022. I informed the Board of my decision now to give the University ample time to safeguard the momentum of the institution and begin the search for a new leader. During the remaining time of my presidency, I plan to continue to lead the University forward and aid in the transition to new leadership.
I am so incredibly blessed to have already served in this role for nearly five years. During this time, Fairmont has become my home, and the Falcon family, my family. It is an honor and an absolute privilege to serve all of you. It is also my honor to serve this institution and the State of West Virginia as your President… I have worked hard day in and day out with each of you by my side to achieve and exceed the goals set when I began my tenure.
(Dr. Mirta Martin, Fairmont State University President, May 17, 2022)
The following day, Wednesday May 18th, the Fairmont State University Board of Governors held a meeting to discuss the President’s announcement. Many suspected the announcement came as a preemptive attempt to protect herself from what the community felt was a predetermined decision by the Board of Governors.
The conference room was uncharacteristically packed for a normal board meeting. Noticeably absent was the presence of many students, who had already departed campus for the summer. Leading many to question if the timing of the meeting was strategic, considering Dr. Martin’s popularity with her students.
All board members were physically present with the exception of three, one of them being Vice Chair Rusty Hutson Jr., attending via WebEx. Only moments after beginning, the board adjourned into a nearly three hour executive session. Upon returning, the board voted to exercise the sixty day no cause clause to end Martin’s contract early, concluding on July 18, 2022. In addition to the termination of the contract, all duties and authority of President Martin were to be immediately stripped and transferred to Provost Dianna Phillips.
Board of Governor’s Chair David Goldberg abstained from the vote, which some speculated was due to an ongoing investigation that was being conducted at the time, by an independent investigator hired by the university for allegations of harassment and bullying of Dr. Martin. David Goldberg has denied all the allegations against him stating:
I am the father of two daughters. I have run and been a party of organizations where I work with all different people. I don’t bully. I’m not belligerent, I'm not inappropriate. I ask questions. I asked people the same questions I expect and ask people to ask of me. I treated people fairly. I treat people consistently. I’ve always done that across my entire career. So whatever people have said or not said, let it be reviewed, let it be investigated and it will come out. I have treated Dr. Martin, I have treated anybody on the Fairmont State leadership team fairly. I've been consistent. I’m transparent. So, people are willing and should be able to ask questions if they feel that something should be able to be asked, fine, raise it, but I have always been fair. I have always been forthright. I have always been balanced. I have never ever been inappropriate.
(David Goldberg, Fairmont State Board Chair)
Staff Representative Jon Dodds and Student Representative Maiya Bennett, both opposed the decision. “Regardless of the concern of the transition between an academic year and a calendar year, the board came to the conclusion (in 2019) that this six-month period, regardless of if it was a transition, was worth it to fulfill a three-year contract rather than a two-and-a-half year contract,” Bennett said. “As a student and as a member of the Student Government Association, I am in full support of Dr. Martin, and my experience at this university would not be the same without her leadership and support. On behalf of a large majority of the students, I support her. Let it be known that this is a really difficult time.”
Board Member Jennifer Kinty, who voted in favor for Martin’s termination, stated, “…there is a misalignment going into a new academic year of goals, and our goal is to run the university and bring it forward and build upon the good work that she has done. It is our responsibility as a board to make those tough decisions… This is nothing negative to Dr. Martin. She brought forth that she was not seeking to renew her contract, and she was looking for another opportunity.” The crowd in attendance roared with distain over Kinty’s comments, but she did not elaborate on the specifics of her vague choice of wording.
Shellshocked and stoic, Dr. Martin sat silent as the meeting came to an end. It was at this time, before the board had officially adjourned, that Faculty Representative Gina Fantasia rose from her seat and approached Martin. She placed a piece paper in front of her without a word and sat back down. Martin looked at the paper and with obvious indignation, she placed it in a folder. It wasn’t until later that that letter would become the catalyst for my investigation into Fairmont State University Board of Governors and its complicated world of half truths, personal agendas and propaganda.
Cleaning House
As a resident of Marion County, I was aware of a divided community, who often took to social media to express their thoughts on many controversial decisions being made at Fairmont State. The ending of the Performing Arts program and the separation from Pierpont Community and Technical College being the most prominent. Both of these decisions brought on strong emotions among locals and the lines had been drawn.
The day after the vote, I received an unexpected call from one source wanting to share information with me pertaining to a few questions I had. During that call I mentioned I was going to attempt to personally reach out to Dr. Martin to see if she would speak with me and provide further clarification. “She’s not speaking with anyone,” my source explained. “She’s gone dark. No press, no visitors. She won’t talk.”
I didn’t know Dr. Martin from more than the casual moments our paths crossed at the occasional event. I didn’t know if this was a story that needed to be pursued or not, but I knew that I didn’t have enough information to satisfy my questions. Not knowing exactly where to begin, I took a deep breath and having faith I could trust them, if only in matters of higher education, I reached out to someone I knew could be an unbiased source, the president of a rival university.
It was during this call that I was well educated on the likely reason behind both Dr. Martin and the board’s lack of transparent communication with the public. Similar to those signed at fortune 500 companies, and some with monetary consequences in the hundreds of thousands, is a university’s Non Disclosure Agreement or Non Disparaging Clause. This meant that, no matter who was at fault, the other party had to just sit down, shut up and keep smiling.
“What I can tell you about her professionally is, I didn’t like going up against her.”, the President expressed. “Sure people might have said things about her style, but I’m sure many would say the same things about me. The truth is though, she was a strong advocate for her school. No one can deny she wasn’t.”
When asked about their thoughts on the controversy surrounding the cutting of the Performing Arts program, they bluntly shared, “I would’ve made the exact same decision. I’m sure most would have. It wasn’t successful and you have two alternative higher education institutions within driving distance, that have much better and more successful Performing Arts programs. She made the right choice.”
I ended the call with a final question. One that I ultimately found myself asking every President I spoke with. If she was a man, do you believe she would have been perceived differently? After a quiet pause they answered, “That’s a really good question. I think we have to admit to ourselves that she probably would have been.”
In nearly five years, Fairmont State University’s Performing Arts program had spent close to $5 million to graduate just 33 students, none of which worked in their chosen professions. A cost that could have graduated a projected 500 nurses in the same time period. The program had been under review for nearly a year before the cut was made and faculty was made aware of the severity of the situation.
As President of the university, Dr. Martin’s role was to only present multiple financial scenarios to the board. She made no recommendation. It was the Fairmont State Board of Governors, with council from the Fairmont State fine art directors and financial advisors in the best interest of the university, that made the decision to cut the program.
The kids that came to Fairmont State University for musical theater were kids that wanted to sing in their church choir or wanted to act in the community play. We are affording our community all of that without the $5 million expense to have a major and a minor. We are giving the community what they sought and more. We actually are now stronger. We are putting on more plays. We are opening up to more of the community. Which is what we wanted to do, to offer those funds, so the community could be a part of the university and the university a part of community and that’s all being done through the Academy of the Arts. Just this summer we put together two plays that involved kids in the community and community members. But the kids that came to us for majors? They're out doing retail. They're out driving trucks. The ones that end up at the Opera House or Broadway, guess what? They're going to WVU. And in times of austerity, universities can not be everything to everyone anymore. They can not. And that’s why we were just one of the regionals and now we are a destination, because now we have those programs.
(Dr. Mirta Martin)
Despite the FSU Board of Governors ultimately being responsible for the cut to the Performing Arts program, Martin took on the public scorn and did so while maintaining a positive image for the university, despite death threats and the need for police protection. Less than a year and a half later, the same Board of Governors, who gave Martin a glowing evaluation, were now ending her contract and removing her powers.
It was the letter, Faculty Representative Gina Fantasia gave to Dr. Martin, that solidified this decision. That letter, stripped President Martin of her duties, powers and responsibilities immediately and passed them on to the Provost Dianna Phillips.
The letter handed to Dr. Martin was signed by Board of Governor’s Vice Chair Rusty Hutson, who attended the meeting via WebEx due to being out of the country, where he had been for a few days.
The board received a letter from her the day before and then about a couple hours after, if it was that long, a statement was released by her more broadly. The board met the next day, we met in executive session, what would our approach be? We had been in conversations about beginning the process of of renegotiating or not renegotiating, which is what you do with the President’s contract, for the last few months and said it would start in the late spring and that’s where we were. We were in that process, then we got notice of her decision and then here we are at and acted accordingly.
(David Goldberg Fairmont State Board Chair)
When asked about about how Vice Chair Rusty Hutson was able to sign a document for a decision that had not yet been made, Goldberg confirmed that discussions outside of meetings were had and that the document was prepared and signed prior to Rusty Hutson leaving the country, “We had a letter signed and presented to me that I could give to the President on Rusty’s behalf, but we discussed how we wanted to proceed in executive session and it was ratified after and that’s when the letter was given, it was given after.”
This statement, not only violates the Open Meeting’s Act, but also contradicts Board Member Jennifer Kinty’s statement that it was only Dr. Martin’s announcement the day before, that brought forth the board’s vote.
Fairmont State Board of Governors has come under scrutiny before for allegations of repeated violations of the Open Meetings Act by faculty and community members. Professor Galen Hanson, being the most outspoken of these, has filed numerous lawsuits against the Board of Governors. Most notably is a lawsuit filed by Hansen and Dr. Albert Magro against the board, for violations of the Open Meetings Act during the 2017 Presidential search and more recently, a lawsuit filed by Dr. Hansen, along with Fairmont State professor, Dr. Francene Kirk and public school theater teacher, Celi Oliveto, alleging violations of both the Open Meetings Act and the Freedom of Information Act, in regards to the meeting held that cut the Performing Arts program.
Additional reports of Open Meetings Act violations since the May 18th meeting, have also come to light, including board members intentionally being left off of email threads, as well as the July 15th and July 23rd Board of Governors meetings that proceeded with no student representation.
Officially, new Board of Governors Student Representative Elijah Dozer was suppose to be sworn in and have orientation completed in time for board meetings after his predecessor’s term was over, but when both former Student Representative Maiya Bennett and Elijah Dozer attempted to schedule his orientation, they were told it had to be rescheduled due to “time conflicts”. At the June 15th meeting, Bennett requested to be allowed to sit in as the Student Representative until Dozer could be officially sworn in, so that the students would not be denied their voice and vote. She was denied. Elijah Dozer’s first Fairmont State University board meeting wasn’t until August 18th.
The board was not the only place student voices were being censored after the departure of Dr. Martin. Though one might argue this undefined censorship was not delegated to just students but to any known or outspoken ally of Dr. Martin.
On May 26th, only one week after the board’s decision to remove Martin, Fairmont State Student Government advisors, Dr. Joy Hatch and Merri Incitti were put on administrative leave. No explanation for their sudden removal from SGA or the University was given, citing “personnel matters.”
Fairmont State Student Government, had been outspoken in their support for former President Martin and issued strong criticism of the University for the lack of transparency from the Board of Governors. Maiya Bennett, the Student Representative and one of only two board members to vote against Dr. Martin’s removal, is also a member of SGA. Now under the direction of administrators, Alicia Kalka, Assistant Vice President of Enrollment and Student Life, and Ken Fettig, Vice President for Student Success, SGA’s actions were being micromanaged and many duties, previously afforded to them, were requiring prior approval in order to be executed. After being told that their advisors had been removed, executive members of SGA were aware that their constitution reserved them the rights to chose their replacements.
“I just want to make sure again, just moving forward we’re clear.” Alicia Kalka explained to the bewildered students. “So, SGA does have that in their constitution, but the Office of Residential and Student Life and the Student Life Handbook has the final say on who’s your advisor, okay? So you all can present to us who want to be your advisor. It should be a faculty, staff member, I think there were some other things in your constitution that stipulated otherwise, right? Administrator, right? Who? You suggest, you recommend to us who you want, right? And then we would give the, he [Fettig] would give the final authorization as clearance for that.”
Kalka went on to inform the students that the authority to send out mass communication emails, which has been afforded to SGA for years, was being revoked and all campus wide communications would now need to be vetted and have prior approval.
“You know just making sure that if there is any other campus wide communication that you all intend to send out, that needs to be approved through us, okay? So, before you just use the campus wide list serve, right? Um, that absolutely has to go through the appropriate steps that can not just be distributed out campus wide or to the campus community, so there’s actually, there’s policy about that and what I don’t want to happen is, you know, for there to be concerns or challenges, right? Moving forward with that, we just need to be consistent, because, you know, our policy stipulates that we can’t do that and um, for certain reasons, right? Like at specially it tells you all reasons, like what you can and can’t do. Like when you send out those mass emails and such.”
When asked for the specific policies regarding this matter, Kalka first stated that the polices were well defined and could be found in multiple handbooks. When ask to be be provided copies of the polices, Kalka was only able to provide one policy, which was not able to clearly define her position.
SOLICITATION
The purpose of this procedure is to establish a protocol regulating solicitation on the campus of Fairmont State University in order to avoid disruption of business operations or disturbance of faculty, staff, visitors, and students. This procedure applies to all University employees, students, and visitors, including those on satellite campuses.
Soliciting” shall include canvassing, soliciting or seeking to obtain membership in or support for any organization, requesting contributions, and posting or distributing handbills, pamphlets, petitions, and materials of any like kind on campus property or using University resources (including without limitation bulletin boards, computers, mail, e-mail and telecommunication systems, photocopiers and telephone lists and databases)
These procedures also apply to solicitation for commercial purposes which means peddling or otherwise selling, purchasing or offering goods and services for sale or purchase, distributing advertising materials, circulars or product samples, or engaging in any other conduct relating to any outside business interests or for profit or personal economic benefit on University property or using their resources.
Solicitations performed through verbal, written, or electronic means for commercial purposes are covered by this procedure.
Items to be distributed or offered for sale, which contain Fairmont State University trademarks, names (including building names) or design elements (T shirts, posters, etc.), must be approved by University Relations & Marketing.
(FSU Student Life Handbook Pg 35)
One issue the Vice President of Enrollment and Student Life did make clear: she took issue with students discussing any accomplishments of Dr. Martin -especially if those accomplishments were financial. Insinuating, any discussions of Dr. Martin’s achievements in the last five years, would make those employed at Fairmont State University prior to Martin’s arrival (and ultimately, partially responsible for the dire state of the University at that time) feel resentful. “It’s just being mindful sometimes, of how that, sometimes, comes across, right?”, Kalka stated. “Because there are many people who have invested their careers here, who have invested their life here. So they don’t always, its not always received well.”
Dr. Joy Hatch and Merri Incitti were not the only Fairmont State staff or faculty, that found themselves on administrative leave or reassigned to new positions after Dr. Martin’s removal. The University seemed to be cleaning house of any allies of the former President and censoring anyone who isn’t on board.
An Invitation To The Capitol
When his phone rang on June 7th, Fairmont State Student Government President Zach Taylor had no idea that he was about to unwittingly get caught up in the dirty side of West Virginia politics. The distinctively kind voice on the other end of the line was Hank Hager, the Legal Council for the Senate Education Committee. A letter Taylor had written on behalf of SGA, opposing Fairmont State University’s decision to terminate President Martin’s contract was, according to Hager “making waves in Charleston” and some Senators wanted to invite the young students to come down and make a statement to the Joint Education Committee on June 13th.
On June 9th Zach Taylor attempted to contact URM (University Relation Marketing) to discuss whether they would be allowed to represent themselves as SGA and use the SGA logo on their printed statement to the committee. Since they were unable to make contact with URM, the decision was made to just represent themselves as FSU students.
Taylor, who was unable to attend the committee meeting himself due to participating in an internship in D.C., sent SGA Vice President Issac Leech, Student Representative Maiya Bennett and House Representative Elijah Dozer in his place. For the sake of transparency, he also reached out to Ken Fettig to inform him of their plans. Fettig requested a copy of the prepared statement the students intended to read to the Joint Education Committee. Taylor did not provide that statement to Fettig until a later date.
It was a beautiful summer’s day, when the three enthusiastic Fairmont State University students arrived at the Capitol in Charleston. Before they even had managed to enter the Capitol doors, they received a phone call informing them that they had been removed from the committee agenda. When asked the reason for last minute cancellation, Hank Hager, who according to the students seemed genuinely apologetic, said he wasn’t sure. The students, undeterred, decided to proceed with their objective which was to be heard, even if that was just one on one with legislators.
They were able to first meet with the Senate Education Chair Senator Patricia Rucker (R Jefferson). Rucker also apologized for the last minute change to the agenda and agreed to distribute the student’s prepared statement to the other committee members.
Following the Joint Committee Meeting, the students reported that they met with multiple other Education Committee Legislators and were told by some of the members, that the cancellation was due to “higher powers”.
Fairmont State Board Chair David Goldberg discussed the June 13th Joint Education Meeting, “I know Jason Pizatella was going to join and attend, but at the last minute, from my understanding, the agenda was changed and nothing formally of Fairmont State was asked to come in front of that committee at the June meetings down in Charleston.”
When asked about the FSU students who were invited to speak, Goldberg added, “I got a call from the council for the committee. I said I was going to be out of the country, which I was, I wasn’t going to be there. My understanding was, they want someone from Fairmont State and then they were going to have some students who were going to have comment, but I don’t believe the agenda formally had Fairmont State on there. I don’t know who spoke or that. I wasn’t there and Rusty wasn’t there.”
On the surface, Mr. Goldberg is being truthful in his statements. Fairmont State was not officially on the agenda and it had been changed last minute, still his dismissal of Board Member Jason Pizatella’s attendance due to the agenda change and his assertion that Fairmont State was not asked to come in front of the committee, is not accurate.
On the posted agenda for the Joint Standing Committee On Education, dated Monday June 13, 2022, agenda item #7 lists only, “other business”. With further investigation, it is in the still unposted minutes of that meeting, we discover agenda item #7 is reclassified and better defined:
Sources present at the meeting on June 13th, were also able to confirm that FSU Board of Governors Member Jason Pizatella did attend the meeting and spoke to the committee.
The final item on the agenda was an Update on the status of the Fairmont/ Pierpont memorandum of understanding by Jason Pizatella, Secretary, FSU Board of Governors.
(West Virginia Legislature, Joint Standing Committee on Education, Minutes, June 13, 2022)
Sources were also able to confirm that the “higher powers” referenced as being responsible for having the FSU students removed from the agenda, was Senate President Craig Blair (R Berkeley). “He just said that we shouldn’t be allowing the students to be making statements, when Fairmont State doesn’t discuss personnel matters and wouldn’t be able to respond.”, one source revealed.
Pushing back on this, I expressed to my source my own personal frustrations with Senator Blair’s logic. Fairmont State University Board of Governors and administrators had signed an NDA and may have been, legally, unable to speak openly on certain personnel matters, but students, other employees and community members had not signed any such document.
After previous calls to Senator Blair requesting comment had gone unanswered, I attempted one last time, being transparent with the fact that he was being named in this article and wishing to be able to give him an opportunity to clarify accusations against him. His very polite and professional assistant, did returned my call and stated that the Senator would like a list of questions sent over. I complied by providing seven questions that covered the full scope of this article. One of those questions: “As an elected official who is a representative of the people and tax payers of West Virginia, do you have any comments regarding the censorship of students from a public institution due to the NDA signed by Board Members of an Institution and not by the students themselves?” Senator Blair did not respond.
At the board meeting in which Dr. Martin’s contract had been terminated, the ability to speak, whether for or against her, had been denied to all employees, students and community members. In what I personally found to be an ironic choice of words, Board Chair David Goldberg spoke of the students invited to the capitol, “That’s their choice to be able to speak however they want. They have every opportunity, as anyone else, to say what they feel and say, but they’re one perspective.”
Addressing the speculation that someone on the Fairmont State Board of Governors had made a personal request to have the students removed from the agenda, Goldberg stated “I don’t know what they were going to say or what their issues were. No one from the Student
Government has contacted me, or the Board, of late. I know they were supporters of Dr. Martin and I think that’s great. Universities love their Presidents and I think that’s great. That being said, don’t know what their concerns were or weren’t. I still have not heard formally from any one from the Student Government.”
According to FSU Student Government President Zach Taylor, this is not true. The members of SGA attempted to speak with all board members prior to the May 18th meeting that terminated Dr. Martin’s contract, but were denied. One SGA member stated “I asked Board member Gina Fantasia if we could please just have some time to express to her the feelings of the students and she said ‘I already know the feelings of the students’ and walked away.”
At the May 18th meeting all members of the Board of Governors were presented with a formal letter from SGA, the same letter that made its way down to Charleston and caught the attention of Senators and initiated the invitation to come and speak. The majority of board members, refusing the letter from SGA, left it on the table after the meeting.
Searching For A New President
On August 11th the first meeting of the Presidential Search Committee was held. The appointed Executive Members of the Committee were also all FSU board members. Chuck Shields, Jennifer Kinty, and Kevin Rogers were presented with a variety of names from different organizations and departments within the university and would have to chose who would comprise the full search committee, subject to board approval. Of these nominated names, my sources say that approximately 6-7 of them were students coming from only two different organizations: the Honor’s Program and SGA. SGA nominated three students to serve on the committee.
“I guarantee you they won’t pick any SGA students.” one source expressed. When asked if this was because former BOG Student Representative and current member of SGA, Maiya Bennett, had voted against terminating Martin’s contract, “Yep, and Zach has been a vocal supporter of Dr. Martin, so he’s out.”
The board seemed very threatened by these young, passionate students, but I had to wonder why? Was it because they were afraid that the students might want a President similar to Martin, more student centric unlike Interim President Dianna Philipps who has been vocal in her refusal to meet with students at all? Or did they fear SGA would hold the search committee accountable? Already facing lawsuits from their last presidential search for violating the Open Meetings Act, FSU has become known for their lack of transparency and the SGA students wouldn’t be complicit in their efforts to break the rules. I posed these questions to more than one source and I had to both laugh and pause with sadness when they all gave me almost identical answers, “I think it’s both.”
On Sept 15th, Fairmont State University Board of Governors approved the nominations for the Presidential Search Committee. As suspected, no students from SGA were chosen to serve.
