The full Release and Settlement Agreement taken from the Fire Shelby Home Page is below with my comments in parentheses. I write this post because of the egregious statements made this morning (May 1st) in the Clarion-Ledger by Dr. Thames which put a false spin on the agreement.

RELEASE AND SETTLEMENT AGREEMENT

For and in consideration of the terms and conditions set forth below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Dr. Frank Glamser and Dr. Gary Stringer, for themselves, their heirs, administrators, executors and assigns (hereinafter collectively "the Professors” hereby fully and completely release and forever discharge the Board of Trustees of the Institutions of Higher Learning of Mississippi and The University of Southern Mississippi and any and all agents, employees, faculty, staff members, officials, officers, trustees, directors and/or students (in their official or individual capacities) of the Board of Trustees of the Institutions of Higher Learning of Mississippi and The University of Southern Mississippi, its past, present and future agents, employees, faculty, staff members, officials, officers, trustees directors and/or students and anyone who may be responsible in any way for their acts, or for the acts of any of them (“the Board and "USM” or "the University”), of and from any and all past and present claims, demands, obligations, actions, causes of action,
costs, losses of services, expenses, compensation, damages and injuries of every kind and nature whatsoever, which the Professors may have or claim to have, whether known or unknown, anticipated or unanticipated, caused by, resulting from, growing out of or in any manner connected with the Professor's employment with the Board and USM.

(As the result of their dismissals without just cause Drs. Stringer and Glamser had a "cause of action" against the University for reinstatement and damages. In this paragraph they give up that right to sue in exchange for the concessions below.)

TERMS AND CONDITIONS OF THE SETTLEMENT

1. The Professors understand this agreement is subject to final approval by the Board. The University agrees to undertake its best efforts to present this agreement to the Board and to the Office of the Attorney General and urge its approval by the Board.

2. The University will recommend to Dr. Angeline Dvorak that she not pursue litigation against the Professors. The Professors understand, however, that the University cannot control Dr. Dvorak's decisions, with regard to personal litigation.

(Dr. Dvorak was not "a party" to the proceedings. Accordingly she could not be bound by its terms. Mentioning that Dr. Dvorak remains free to file a law suit seems a bit ominous but I doubt that it is so in fact. Her prospects of success appear to be miniscule. And at the same time litigation would focus yet more attention on her resume.) 

3. The University withdraws the termination proceedings and agrees that the Professors will be compensated at their current nine-month academic-year salaries for a period of two years beginning with academic year 2004-2005. At the end of academic year 2005-2006, any obligation of employment from the University to
the Professors shall have been satisfied. The Professors understand that at the end of academic year 2005-2006 they will have no expectation of continued employment.

(Withdrawal of the termination proceedings results in automatic reinstatement as a matter of both law and logic.  It is as if the termination proceedings had never been begun. Dr. Thames' Clarion-Ledger statement this morning (May 1st) asserting that the professors were not reinstated is simply wrong, both as to its logic and in the sense that the Board explicitly uses the word "reinstatement" in its summary.)

The two years of salary is indistinguishable from an award of damages for the wrongs done them. It is inconceivable that these terms can be construed as a victory by the Administration.)

4. At the option of either or both Professors, they may, during the two-year period described in paragraph 3, elect to convert from the status of employee to that of consultant. Upon such election, the electing Professor will be paid one-ninth per month of his academic-year salary until expiration of the two-year period excluding the months of June, July and August.

(At their sole option Drs. Stringer and Glamser may continue on the University books as "active" employees thus contributing to their retirement credits or they may shift to consultant status and retire. In either event they will recieve their compensatory two years of salary on a monthly basis.)

5. The University agrees to continue to support the research project of Dr. Stringer during the two-year period of this agreement as provided by the terms of the grant.

(I understand that the terms of the grant include an office and appropriate support for Dr. Stringer's assistant in the internationally renowned Donne project. Though it is his assistant's office, Dr. Stringer will obviously remain an integral part of the faculty community on campus if he chooses to be. It is beyond the power of either the Board or Dr. Thames to prevent either Dr. Stringer or Dr. Glamser from coming onto the campus. Again, Dr. Thames is dead wrong on this question in this morning's Clarion-Ledger.)

The University agrees not to oppose a request from Dr. Stringer to transfer the research project to another institution. The University will not, however, continue, to provide any matching funds for the research project if Dr. Stringer is any successful in transferring the project another institution. Dr. Stringer agrees to attribute credit to the University on any publication produced during the time the University provides matching funds or support for the research.

6. The Professors agree the University will not provide any office facilities, office supplies, or otherwise facilitate their physical presence on campus or their research projects.

(Note that their "physical presence" is presumed, again contrary to Dr. Thames' Clarion-Ledger statements of this morning.)

7. The Professors agree to refrain from offering public criticism or commentary about the University’s internal administrative operations during the term of this agreement.

8. The parties agree to refrain from making public comments about this agreement until final approval by the Board. The parties agree not to make any public comments about this agreement designed to reflect negatively on the opposing party. The parties acknowledge and agree that the Hearing Officer will make certain detailed statements to the media regarding this agreement.

(This is after all a settlement, a compromise, a reciprocal promise to terminate hostilities. Both parties are bound to this in the black letter and in spirit. It is as it must be but it binds only them. It does not in any sense mean that the campus-wide issues associated with the Thames Presidency over the last two years have been resolved.)

9. The Professors will be permitted and agree to obtain from their former offices on campus all personal effects and scholarly property within a reasonable time.

10. This agreement may be executed in multiple copies. Any such copy when fully executed shall be as effective as the, original.

AGREED, this the 28th day of April, 2004.