Source: Houston Chronicle

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Former teacher was let go after filing two other free speech suits

By Harvey Rice

December 15, 2014 Updated: December 15, 2014 9:29pm

GALVESTON – The College of the Mainland has settled a lawsuit with a professor it fired after he filed two other lawsuits alleging violation of his free speech rights.

The settlement is the latest in a long string of federal lawsuits against the college board and administration over the last several years by faculty, staff and students.

The lawsuit settled last week by former professor David Michael Smith accused the board of directors of firing him on Aug. 1, 2013, on a unanimous vote in retaliation for his two previous free speech lawsuits.

College President Beth Lewis said Smith was fired for insubordination and for harassing his colleagues.

Neither Smith nor Lewis would discuss the terms of the confidential settlement. Smith declined to say whether he would be reinstated, but said he had no plans for full-time teaching.

Smith’s lawsuit sought $750,000 in damages plus attorneys fees of at least $250,000.

Smith, who taught political science at the community college for 15 years, predicted more lawsuits unless the administration and board agreed to work cooperatively with employees and students.

“I’m certain there will be additional lawsuits,” Smith said. “If you ask me, I’m afraid the current board is intent on turning a traditionally progressive institution of higher learning into a Walmart.”

Lewis dismissed Smith’s accusation that the administration was unwilling to tolerate dissent from employees and students. “There is no merit to this assertion,” she said.

Board member Ralph Holm refused comment, but board member Rachel Delgado said that there would be fewer problems with Smith’s departure. “I feel that we are developing a very positive relationship” with faculty and staff, she said.

She also declined to discuss the settlement’s terms.

Smith, as head of the faculty union, was at the forefront of disputes over policy affecting college employees, often arguing points of policy before the board. His outspokenness and liberal viewpoints earned the ire of conservatives as expressed in letters to the editor of the Galveston Daily News.

His first lawsuit was filed after he and his wife were prevented from addressing the board during the public comments section of a June 22, 2009, meeting. The college settled the lawsuit after a federal judge accepted a recommendation that the college board be barred from excluding members of the public from speaking during the public comment portion of public meetings.

Smith sued the college again in June 2011 claiming that he was issued a disciplinary letter in retaliation for the first lawsuit. The college settled after the judge found that a jury was likely to side with Smith, according to Smith’s lawsuit.

Two years later, the college’s letter terminating Smith said that an investigation “has revealed a pattern of behavior in which you routinely challenge directives and requirements from your supervisors,” the lawsuit states.

Smith’s view is backed by Lee Medley, president of the AFL-CIO Galveston County Labor Council, who has at times tried to intercede on behalf of college faculty. Medley said Smith’s firing is part of an attempt by the college to break the faculty union.

Stephanie Macaluso, who graduated last week with an associates degree from Mainland College, said that she encountered problems defending a different professor fired last year for mentioning faculty problems in the classroom. Macaluso said faculty have told her that they fear expressing viewpoints contrary to the administration’s.