22 January 2013 VIA ELECTRONIC MAIL AND USPS Erma Johnson Hadley, Chancellor Tarrant County College 1500

Houston Street | Fort Worth, Texas 76102 RE: Denial of Public Information Wrongful Termination Violation of Academic Freedom Violation of Intellectual Property Rights

Dear Dr. Johnson Hadley: This communication is in response to Angela Robinsons letter of October 15th, 2012; the Vice Chancellor for Administration and General Counsel addressed this statement to Greg Scholtz, Associate Secretary & Director of Academic Freedom, Tenure and Governance at AAUP, regarding his letter dated September 21st, 2012. In Angela Robinsons letter, she claims that my employment status with Tarrant County College District (TCCD) is active, and I have not been dismissed or terminated. Moreover, she sends Dr. Scholtz a copy of TCCDs own grievance policy [DGBA(LOCAL)], yet never have I been given this same courtesy, though I have followed all its procedures. I will address the General Counsels comments forthwith. First, I want to state in no uncertain terms that all TCCD communications I have obtained regarding my case have never come directly from your office or any other TCCD representative. I have acquired piecemeal information through my Open Records Request invoking the Freedom of Information Act (dated on four separate occasions: September 10th, September 18th, October 4th, and October 18th of 2012); even with this in place through law, I have found that the College has been withholding information, which I believe to be illegal; furthermore, I have no reason to believe TCCD has stopped doing so with respect to this matter and the associated Open Records Request. Although this is my right as stated in current Texas and Federal Law, TCCD has violated my rights time and again, so much so that I finally had to ask for a copy of this letter from AAUPs Associate General Secretary, Dr. Jordan Kurland, which I received on January 7th, 2013, almost three months after it was written. I still have no copies of the various exhibits the General Counsel sent, as mentioned in that letter. Though I found this letter in the last materials supplied by my most recent Open Records request, the documents used to fortify TCCDs claim against me are still missing. Now, not only am I filing a grievance for the fifth time for wrongful termination et al, which I have explained in my previous letters but I have also filed with the Office of the Attorney General of the State of Texas a formal complaint against TCCD for repeated denial of public information (Complaint # 475909). Second, Ms. Robinson states in her letter that I am still active. Yet there was an XATR form sent to the TCCD Personnel Department (Adjunct Terminating Employment Procedures), which was later rescinded. Up until now I have received no such records from my Open Records Request, however, which means that even when TCCD does not directly answer my queries or acknowledge my grievance TCCD is in contempt of the law, as I have a copy of the email stating Dr. Christine Hubbards request for withdrawal of the XATR form, yet I have no such copy of the form itself, or what was to replace it (See Exhibit A). In fact, TCCDs action against me, resulting in my abrupt dismissal, only acknowledges that TCCD does not follow its own policies. Further, when I went to log in to the TCCD system, to see what jobs were available, I was locked out, getting a response stating Invalid username or password (See Exhibit B). How can TCCDs General Counsel then say I am still active, if I cannot log in to TCCDs employment system, or how can she make such a claimthat I have not requested to proceed with a grievance in this matter if after four formal letters to you, the Chancellor of TCCD, you or any other TCCD representative including Angela Robinson, TCCDs Vice Chancellor for Administration and General Counsel have not answered me once? I understand that fact alone is a violation of TCCDs own Grievance policy, which the General Counsel included as Exhibit I in the aforementioned letter to Dr. Scholtz. I have certified returned letters and receipts from the US Postal Service to prove it (See Exhibit C). Third, when TCCDs General Counsel states that the dean of the English Department, Dr. Hubbard, sent an email to inform me that I would not be needed to teach any sections at Keller High School (KISD) as a dual credit instructor,

she says Ms. Wendi Pierce telephoned me earlier. Yet earlier was the same day Dr. Hubbard withdrew my name for the classes originally assigned to me. Ms. Pierce called me at 4:39 pm on August 28th to tell me I would not be teaching the next morning. At 6:38 pm, 2 hours after Ms. Pierces call, I received Dr. Hubbards email. Given that I was dismissed when classes were already in session, too, it is tenuous at best to see if anyone else might have needed me elsewhere in the TCCD system, especially noting that classes had already begun. Additionally, I still do not know when the XATR form was rescinded. As such, when stating that I have put forth no effort in this regard to further acquire a position within TCCD, I would claim Ms. Robinson is making a false supposition. Fourth, as for my negative interactions with students, Ms. Wendi Pierce now Chair of the English Department at TCCD gave me the best recommendation in the last evaluation of my performance, in the Spring of 2012 (See Exhibit D). I was beginning my fourth year at Keller High School as a Dual Credit Instructor, and if you want, upon request, I can supply countless testimony from students as to my excellence. Similarly, you can look to my outstanding evaluations, which you should have on record. What TCCDs General Counsel does not bother to tell Dr. Scholtz is that KISD, along with countless other school districts across the state of Texas, is suing the state for moneys in education funding. Because of this, KISD is presently outsourcing its senior English classes (the class of 2012 had 696 students). Invariably, I do not know what kind of arrangement KISD has with TCCD. What I do know is that approximately two thirds of the present senior class at Keller High School is now taking dual credit English, lessening its budgetary constraints at least in this aspect, since it must be cheaper for them to make a deal with TCCD than to hire multiple teachers at approximately $50,000 a year each. (In opposition to that, TCCD pays adjunct instructors like me, with a Ph.D./ABD in Comparative Literature, $1800/course. This translates to $14,400/year, fulltime, no benefits or healthcare. Those with only a Masters degree make less. See Exhibit E comparing adjunct vs. fulltime faculty salaries, for the same dual credit courses taught.) Hiring TCCD thus clears the way of additional worries so KISD can concentrate on the ongoing problems posed by diagnostic testing and systemic failures caused by the STAAR testing system (See Exhibit F). Because KISD has to make up these testing initiatives with moneys from its own district money it does not have they are looking elsewhere to cut costs. Thus there are two things going on here: a hurting school system looking for a way out to reduce expenses with a college system seeking out clients and incoming students a perfect combination. Let me be clear: I was the perfect patsy. The arrangement between KISD and TCCD has been mutually advantageous, so much so that TCCD did not even give me the benefit of calling me in to discuss my negative interactions with students, but withdrew me from classes forthwith, without bothering to ask for my side or giving me a chance to present my grievance, as so stated in their own policies. Any right that I may possibly have had, according to Federal & State laws, and/or TCCDs & KISDs own HR manuals, was denied to me. Fifth, it is true that I did not sign my third years Statement Regarding Employment of Adjunct Instructors, because I stood against its exploitative nature (See Exhibit G), and I would not have signed one this year either (though according to TCCDs own oral testimony, these contracts should be signed every semester, yet they were only given once a year, haphazardly). I do not know if this particular document is one that TCCD Human Resources endorses (See Exhibit H), but given TCCDs compensation and benefits policies, including its lack of healthcare coverage for adjunct faculty, I took it upon myself to not sign any such agreement. This did not keep me from teaching my students in an exemplary fashion. It was purely a symbolic gesture, as I taught the entire academic year of 2011-2012, and no one at TCCD said anything, including its Legal Department, which I believe is headed by Angela Robinson. Sixth, Angela Robinson states that I did not ever consider [myself] an employee of the college, but a freelancer. With this statement, she is again manipulating facts. I wanted to make a point that as an adjunct, I could not be expected to answer email from a campus account when I was not working for said campus, as I was an adjunct and not an employee (see again Exhibit G); I cannot be both an employee and an adjunct unless I am working at the stipulated time. Seventh, TCCDs General Counsel again remarks that TCCD received complaints as to my behavior. If so, I should have obtained those documents under the Open Records requests, as previously stated, yet this has not happened. Furthermore, as to the materials used in the new instructors class or the return of my own materials TCCD has never addressed my complaints nor returned my own materials under the Open Records Request. As I stated in my letter of October 18th (and prior ones as well), just because the College says they dont have my materials does not make it so. At this juncture, however, this particular point is moot, since the class is now over. At least I did not upload materials to my other classes. Who knows what else I would have lost?

Eighth: TCCDs General Counsel states that students have three options to get into a dual credit class. She further stipulates that though Ms. Angela Chilton TCC NW Campus English Department Chair at the time communicated this policy to me, I continued to complain as well as challenge students enrolled in [my] class. Because I never received this accusation directly from TCCD, or Open Records as required by law I could not defend myself until now. Hence, as way of proof, I present an email dated August 28th, the date of my nondismissal. In this memo, Angela Chilton tells me for the first time of this policy (See Exhibit I). Further, if you were to have read or answered correspondence from me (see mail dated 18 October 2012), you would have seen my prior explanation. In conclusion, although TCCD has supplied in a piecemeal fashion documents under the Freedom of Information Act and/or the Texas Public Information Act in response to my Open Records Request, I have had to repeat this request which is part of my ongoing grievance against the college four times. This is now my fifth grievance letter addressing the same objections since my dismissal, over four months ago. And still, the documents submitted have not arrived in their entirety. Dr. Kurland was kind enough to send me this letter from TCCDs General Counsel, and I have asked him to send me the exhibits enclosed within it, as they have been withheld from the Open Records Request I made. Though I may not be a lawyer, I do believe this constitutes a violation of my rights under current Federal and/or Texas Law. Moreover, though TCCD may not owe me any additional money per se, the amount of pain and suffering the college has caused me these past few months, and the time and loss due because of the year lost without teaching, can never be replaced. Texas is a right-to-work and an at-will state. Yet this fact does not make this letter any less a letter of grievance because it comes from an individual complainant and not a lawyer. I filed my first letter of grievance originally on September 10th, 2012 and sent its follow-up on September 18th. I sent a full third letter again on October 4th, with the last one going out on October 18th of 2012. You have answered none of them directly to me, though you have answered others whom I copied. I hope this time you, as TCCDs Chancellor, or Angela Robinson, as TCCDs General Counsel, decide to answer me directly. I am available to discuss details further, if youd like. You may contact me at any time.

Ana M. Fores Literature, Translations, and Rights Consultant Adjunct Justice mayari@mac.com mayari.services@gmail.com Petition: http://petitions.moveon.org/sign/better-pay-for-adjuncts Facebook Page: https://www.facebook.com/AdjunctJustice cc. Angela Robinson, J.D., Vice Chancellor for Administration and General Counsel: CERTIFIED MAIL, RETURN RECEIPT REQUESTED Terri Ford, Open Records Requests Bill Greenhill, Board of Trustees President & District 4 Chair, West Fort Worth Dr. Randy Reid, Superintendent, Keller Independent School District: CERTIFIED MAIL, RETURN RECEIPT REQUESTED Kevin Stevenson, President, Board of Trustees, Keller Independent School District Greg Scholtz, Associate Secr. & Director, Academic Freedom, Tenure and Governance, AAUPJord Jordan E. Kurland, Associate General Secretary, AAUP Jordan Hale, Public Information Coordinator, Office of the Attorney General: CERTIFIED MAIL, RETURN RECEIPT REQUESTED