News - Local News

POSTED: Tuesday, May. 26, 2009

WWU professor disciplined for abusive remarks to get new hearing

A tenured Western Washington University theater professor with a reputation for making abusive and derogatory remarks will get a new disciplinary hearing, a state court ruled Tuesday, May 26.

Professor Perry Mills, who once brought knives to class and has repeatedly berated students and faculty, wasn't afforded all of his rights to an open disciplinary hearing, the state's Division One Court of Appeals ruled.

But the appeals court rejected Mills' other arguments, including that the university violated his contract and his free speech rights and that the Faculty Code of Ethics is unconstitutionally vague.

Mills couldn't be reached for comment Tuesday, but his attorney, James E. Lobsenz, said he was pleased with the decision stemming from a lawsuit initially filed in 2006.

"It seems like a very important principle to keep these types of hearings open to the press and public," Lobsenz said, adding that he hadn't had time to fully digest the ruling.

WWU likely won't appeal to the state Supreme Court, but it hasn't been ruled out, said Wendy Bohlke, the lead counsel representing the university.

"I would be more inclined to recommend (having a new, public disciplinary hearing)," Bohlke said, adding that she hadn't had time yet to meet with her clients, the university's provost and academic administrators involved in the case.

Bohlke said that she thought the opinion was well-written by the justices.

"They certainly comprehended the severity of the behavior that we were dealing with," she said.

A laundry list of issues with Mills began more than a decade ago after he earned tenure in 1994, according to court documents. He began berating and demeaning both students and faculty members, including a female professor and another who was gay.

He also brought a registered firearm to school and brandished a knife in class twice, according to the documents.

In one instance involving a student who was in remission from cancer, Mills publicly berated her, the documents state.

"In response to a request from Mills, she initially volunteered to 'put up' a play for criticism, but then became reticent," the document states. "Mills responded, 'if you can't even put up your piece for class, then you should have just died of cancer.'"

By 2006, Mills was in front of a disciplinary hearing panel, which ruled after a meeting not open to the public or press that the professor would be suspended for two quarters without pay.

But Mills requested the hearing be open to the public, and it was a violation of state law to not allow that, the court ruled. The court also awarded him his attorney fees.