Tuesday, June 30, 2009

Something You Won't Read About on Penn State Live

Personally, I don't care about this at all. I think big time college football, even a relatively clean program like Penn State's, is a detriment to academics. But since you are unlikely to see this on the Penn State Propaganda Portal, I thought I'd, as a public service, bring it to your attention.
Who likes cupcakes the most?

Among BCS conference football teams, it's Mississippi State, according to the Sporting News.

No. 2? Mighty Penn State, with fellow Big Ten member Indiana fifth among the Web site's rankings of the 10 worst non-conference schedules in 2009.

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Saturday, June 27, 2009

Devastating

That's how the Pittsburgh Post-Gazette characterized Penn State Bullshit Artist Geoff Rushton's response to Rendell's proposed cuts to state-related universities. Old Main still has not outlined  its options should the cut go through. They continue to hold out hope that they can twist arms in Harrisburg to get the money.
"That proposed amount would certainly be a catastrophic cut to the university," Mr. Rushton said. "But at the same time, we anticipate that this will be resolved by [the Legislature and governor] over the coming months."

Pitt was a bit more willing to say what the consequences of the cut would be.
In a statement, Pitt said it was "stunned" by Mr. Rendell's moves and warned they would place "very significant new tuition burdens on tens of thousands of Pennsylvania students and their families."
Whatever the response of these schools, Rendell has sent a clear message to the state-related schools: As long as he doesn't have some control over their spending, he does not consider them fully public universites. Could this funding problem be resolved by restructing the governance of the schools and would Spanier and the Board of Trustees be willing to go along with any restructuring? That's a question an enterprising reporter should ask Rendell and Spanier.

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Friday, June 26, 2009

"Catastrophic"

Things have been quiet around Old Main this Spring and as I suggested at the end of this post, it maybe that the folks were hunkering down waiting to see what happens with the budget maneuvering in Harrisburg. With the July 1rst deadline looming, the state budget battle is heating up. Today Governor Rendell suggested a 13% cut to the Penn State budget which someone in the Old Main Propaganda Shop described as "catastrophic."

It is too soon to tell how things will play out in the budget negotiations, but it is now certainly nail biting time. What happens if the cuts go through? Will Old Main hike tuition more than the 4.5% that it suggested in March? ....more than the 5.5% it originally proposed? Or will Old Main begin to layoff staff and non-tenure track faculty? Will it halt infrastructure work? Certainly if the cut goes through we will see what type of leader Graham really is.

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Tuesday, June 23, 2009

A Binge of Drinking Posts

A new study of binge drinking at Washington University School of Medicine has found that following the raising of drinking age to 21 the rate of binge drinking in men has declined, but for women it has slightly increased.  Here's the kicker,
The biggest surprises involved differences between college students and men and women of the same age not enrolled in college. Binge drinking declined in young men, unless they were in college. It was up slightly in young women, but significantly higher in college women.
 
Among 18- to 20-year-old non-college men, binge drinking declined by more than 30% over the study period, whereas it was statistically unchanged among the men in college. For men ages 21 to 23, rates of binge drinking declined just more than 10 percent but remained virtually the same in those of the same age who attended college. In women ages 21 to 23, binge drinking increased about 20 percent among non-students, but the increase was more than 40 percent among women in college.
This suggests that Penn State and other schools with drinking problems should look inward , not outward, when looking for the cause and solution to their drinking problems.

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Sunday, June 21, 2009

Yeah, We Have a COI Policy. No! Absolutely Not! We Can't Let People See It.... Don't Be Silly!

Last year Penn State refused to participate in an evaluation of conflict of interest policies at medical centers conducted by the American Medical Student Association. That earned Penn State a grade of an F on the rankings. Penn State participated this year and earned a B. That's pretty good. It's still not as good as University of Pittsburgh Medical Center or the University of Pennsylvania School of Medicine each of which earned one of only 9 A's out of 150 ranked medical centers, but it's much better than the D which Temple University School of Medicine received.

Oddly, the Penn State Propaganda Portal hasn't seen fit to mention this just yet. Last year it was understandable that they didn't broadcast their failure. But a B is respectable, you'd think they'd spin this for all it's worth. Perhaps, they don't want to draw attention to fact that they are still in the shadow of Penn and Pitt or maybe the folks in Old Main are too preoccupied by the budget maneuvering in Harrisburg to be bothered with this. Who knows?

One final thing, which won't be a surprise to anyone who knows how Old Main operates, Penn State would not allow their conflict of interest policies to be published or quoted from by AMSA. It looks more and more like Graham and Dick Cheney are soulmates.

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Saturday, June 20, 2009

Back From the Dead: The Return of Spinal Tap

Glue, cows, protons, anti-protons....the bond? Spinal Tap is back with a new album and a BBC interview.

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How Ya' Feelin' ?

(h/t Digby)
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Putting the Stupid in Congress

A little over a week ago the GOP unveiled their new energy plan. Well, new's a little strong;it's built mostly on ideas recycled from Bush/Cheney administration.

Now to be fair, there is a new wrinkle in the plan. The GOP wants to make global warming denial the law of the land.

And our Congressman couldn't be prouder to be part of the GOP braintrust that came up with this garbage.
U.S. Representative Glenn `GT’ Thompson, R-Howard, today joined other members of the GOP American Energy Solutions Working Group to introduce their alternative to the proposed Cap and Trade legislation.

“We have been criticizing strongly the `Cap and Tax’ program being considered. The next step is to propose a viable alternative—and today we do just that,” said Thompson.
GT, helping to putting the stupid in Congress for over five months.

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In Time For Your Summer Movie Viewing Pleasure...


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Thursday, June 18, 2009

A Developing Story

It appears that an animal rights advocate may have provoked a Penn State research associate into making a veiled threat against her.fabricated a threat against her by a Penn State research associate. Well, at least that's my read. The alleged threat is supposed to have occurred on this Facebook discussion board. See if you can find it.

Of course, it may be possible for the original post, which contained the threat, to have been edited by its author or deleted by Facebook. Google Cache isn't any help in straightening this out. More investigation is needed.

The advocate is now demanding action from Graham.

Let's see if the CDT comes out of its stupor long enough to cover this story and get to the bottom of it.

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Elevating a Debate From Comments...

I'm having a bit of a debate with  reader MoralHazard in comments over my last post on the misleading headline. MoralHazard contends that the scientific evidence backs the Penn State Propaganda Portal's characterizations of the impact of parental tolerance of alcohol consumption by a child while they are living at home and that child's propensity to binge drink in college. I disagree, but I do think I should have been more careful in making my case. So here goes.....

I'll begin with the literature and then look at how it is characterized by the Propaganda Portal. In addition to the research by Caitlin Abar, Beau Abar, and Rob Turrisi, which is the main focus of the Propaganda Portal piece, two other studies are mentioned, one by Kristie Long Foley, D. Altman, R. Durant, and M. Wolfson and another by Kelli Komro, et. al.

MoralHarzard also cited a fourth study done in Sweden by Nicholos Koutakis, Haken Stattin and Margret Kerr.

Do these studies either individually or taken together support the assertion of the Old Main Propaganda Shop concerning college age binge drinking?

Here's what Komro et. al. found.
Student report, at age 12, of parental provision of alcohol and home alcohol availability, and parental report of providing alcohol to their child and the accessibility of alcohol in the home, were associated with significant increases in the trajectories of young adolescent alcohol use and intentions from ages 12-14 years. Student report of receiving alcohol from their parent or taking it from home during their last drinking occasion were the most robust predictors of increases in alcohol use and intentions over time.
There's a whole lot of hedging going on. Note that no distinction  is made as a predictor between "parental provision" and "home alcohol availability", nor was any distinction made between "alcohol use" and "intention" as a response. So on the one hand, having alcohol setting  around the house could cause a kid to plan on drinking or a parent giving a kid alcohol could result in the kid drinking alcohol. Or one of the other two combinations my be at play. This is just about worthless. And further, it has nothing to do with binge drinking in college.

The Swedish study divided a group of 7th grade students (~13 years-old) into a control and treatment groups. Both groups were asked about their alcohol use. The the parents of the treatment group followed a program of conveying disapproval of drinking to their children. The control was not instructed to alter its behavior in anyway. The groups were followed for two years and surveyed again. It was found that alcohol use increased in both groups with time, but at a lower rate in the treatment group. The obvious flaw is that children who have been indoctrinated against alcohol use are likely to under report its use when surveyed. And once again this has nothing to do with binge drinking in college.

The Foley, et. al. study found that a child whose parents allowed them to drink unsupervised in high school was more likely to binge drink in college. It also found that a child who was allowed to drink with the family was less likely to binge drink in college.

The Abar, et. al. study didn't distinguish the social context in which parents allowed their children to drink and found that parental tolerance of a child's alcohol use in high school is associated with a higher likelihood of binge drinking in college.

Only the Foley, et. al. and Anbar et. al studies have any relevance to binge drinking in college.

Let's look at that Propaganda Portal piece once more. The headline, "Zero tolerance alcohol policy good choice for parents," ignores the Foley, et. al. finding that when children drink with family they are less likely to binge drink. Further, the Anbar, et al. study found that "the greater number of drinks that a parent had set as a limit for the teens, the more often they drank and got drunk in college," which suggest that there may be some safe, nonzero lower limit for the amount a child is permited to drink.

Then there's the lede.
Restaurants in Germany legally sell alcohol to teenagers after their 16th birthdays and French children drink wine with dinner at an early age, but U.S. parents who follow this relaxed European example, believing it fosters a healthier attitude toward alcohol, should be careful — it may increase the likelihood that their children binge drink in college.
This is in direct contradiction to the Foley, et. al.  finding, which is that the relaxed European example of drinking with family reduces the likelihood of binge drinking. The Anbar, et. al.  study does not contradict the earlier study, since it doesn't account for social context.

Finally, there is this point, "there is no scientific basis to the common belief that prohibiting alcohol turns it into a 'forbidden fruit' and encourages abuse." What's the point,that there is no downside to zero tolerance? That can't be it, since the Foley, et al. study showed a positive effect for allowing alcohol consumption in a family setting on binge drinking.

Look, I'll admit this is a difficult problem and I'm not certain that Foley, et. al. is correct or that Anbar, et. al. is wrong. I consider the whole thing to be an open question right now, which is certainly deserving of more study. What bothers me is the Old Main Propaganda Shop trying to spin these preliminary findings to serve their own agenda.

So MoralHazard, what do you think? The comment section can feel a bit cramped. If you'd like to respond more fully email me and I put your response up as a post.

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Monday, June 15, 2009

Misleading Headline

Zero tolerance alcohol policy good choice for parents

That's the headline the Penn State Propaganda Portal put on an article about research done at Penn State on the connection between a parent's tolerance of underage drinking when the their child is living at home and the child's likelihood of binge drinking as a college freshman. The researchers surveyed nearly 300 college freshman who

... related their drinking habits to their parents' modeling and permissibility of alcohol use. Those students whose parents did not permit them to drink underage — about half of the group — were significantly less likely to drink heavily in college, regardless of gender. In addition, "the greater number of drinks that a parent had set as a limit for the teens, the more often they drank and got drunk in college," said Abar. Whether the parents themselves drank, on the other hand, appeared to have little effect on predicting their children's behaviors when accounting for the permissibility they exhibited toward teen alcohol use.

Further research is needed to confirm the preliminary study, said [lead investigator] Abar. For one thing, she did not separate students who specifically drank with their parents at meals from those whose parents allowed their children to drink both inside and outside of the house.

A previous study in 2004 by Kristie Foley, Wake Forest University Baptist Medical Center, North Carolina, showed that teenagers who received alcohol from their parents for parties were up to three times more likely to binge drink within a month, while those who drank only with the family were less likely to binge. So the context in which a parent provides alcohol may be key.
Why did the folks in the Old Main Propaganda Shop decide to charaterize this study as suggesting that
...there is no scientific basis to the common belief that prohibiting alcohol turns it into a "forbidden fruit" and encourages abuse[,]
when the earlier, better designed study did provide a scientific basis for the the common belief? And why did they use a misleading headline? My guess is that it is part and parcel of Old Main's general policy of shifting of responsibility for Penn State's alcohol abuse problem from the University to anyone else. Bars have been the typical target of Old Main's finger pointing, but this isn't the first time Old Main has suggested that the problem starts at home.

There seems to be a bit of character problem in Old Main.

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Friday, June 12, 2009

Penn State Compensation and Salary Data: Performance Bonuses

For several of the individuals in Penn State Right-To-Know Report 2009 both salary and compensation data is reported. Hence one can get an idea of their performance bonuses.

All of the officers of the University received current compensation only in the form of salary with the exception of Harold Paz, CEO of Hershey Medical Center. Hence none of the officers, with the exception of Paz, were paid any bonuses in the 2007-2008 fiscal year. In fact, the only ones that received current compensation other than salary were coaches or doctors.

Don't feel sorry for Graham. While he only received a salary, he is listed as having received $206,035 in contributions to benefits and deferred compensation plans. This is the largest amount, by far, that anyone got. Most individual received amounts in the $30K range . Hence, it's a fair bet that Graham's performance bonuses came in the form of deferred compensation. It would be very interesting to know what benchmarks Graham had to meet to get any bonus. That would give us some idea of the true priorities of the Board of Trustees.

Paz received $755,996 in current compensation of which $630,000 was in salary. He received and additional $126,808 in benefits and deferred compensation. Hence it appears that his bonuses in total approached Graham's numbers.

All of the five highest compensated individuals received some compensation in addition to salary. JoePa's total compensation was $1,037,322 on a base salary of $527,748. His benefits and deferred compensation weren't anything unusual. So doesn't look like Joe took his bonus money in deferred compensation. I'd say that's a wise move for an 82 year old. By the way, I wonder how big a bonus he got for keeping his team mostly out of trouble this year.

Head Men's Basketball Coach Ed Dechellis had total compensation of $632,283 on a base salary of less than $382,464. We don't know his actual base salary, but he didn't make the list of top 25 salaries, so we can be sure that his base salary is less than the smallest salary in the list. He doesn't appear to have taken any deferred compensation. Next year's report will give us some idea of how much a winning season is worth for Dechellis.


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Thursday, June 11, 2009

Penn State Compensation and Salary Data: Gender

One thing that jumped out at me as I was putting together the tables in my last post is that only two women appear in any of the list.

Eva Pell, Vice president for Research, is the only female officer of the University and her salary of $256,400, which is her total compensation, is smaller than the smallest salary, $382,464, on the list of top 25 salaries.

The only other woman is Kathleen Eggli, Chair of the Department of Radiology, who makes the list of top 25 salaries at number 10 with a salary of $478,522.

Is this evidence of a gender bias at Penn State? That's a tough question to answer and this data is insufficient to answer it. Many factors go into determining how much someone is paid and they must be accounted for before any conclusion can be made. However, the near total absence of women does demand that a closer look be taken.

In fact, one woman at at Hershey is demanding just such a look be taken.

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Penn State Right-To-Know Report 2009: Salary and Compensation Data

[Update: 06/02/10 7:20 pm. The 2010 data is here.]
OK, I've avoided a discussion of the salary and compensation data in the Penn State Right-To-Know Report. The only part of the report which truly contains significant new information and the part in which everyone else has been interested. Well, I'm ready to put my own two cents worth in, but in separate posts. This post contains only the data itself for fiscal year 2007-2008.

Name
TitleCompensation/
Salary
Contributions to Employee Benefits &
Deferred Compensation Plan
Expense Accounts & Other Allowances
Joe Paterno
Head Football Coach
$1,037,322/
$527/748
$28,108
$34,338
Robert Harbaugh
Chair Dept. of Neurosurgery
$789,492/
$672,386
$36,129
$0
Alan Brechbill
Exec. Dir. MSHMC
$668,448/
$514.964
$31,339
$80,263
Ed Dechellis
Head Basketball Coach
$642,366/
<$382,464
$28,341
$5,495
Peter DillonChair Dept. of Surgery
$632,283/
$527,284
$30,931$0

Table 1. Compensation and Salary of the Five Highest Paid Non-officers (pp. 29, 32 RTK Report)

Name
TitleCompensation/
Salary
Contributions to Employee Benefits &
Deferred Compensation Plan
Expense Accounts & Other Allowances
Graham Spanier
President
$590,004/
$590,004
$206,035
$32,640
Rodney Erickson
Exec. VP & Provost
$400,008/
$400,008
$33,731
$7,381
Rod Kirsch
Sr VP Development$320,004/
$320,004
$32,752
$6,783
Harold Paz
CEO HMC
$755,996/
$630,000
$126,808
$125,149
Eva Pell
Sr VP Research
$256,400/
$256,400
$40,381$10,409
Gary Schultz
Sr. VP Finance
$400,008/
$400,008
$31,931$11,195

Table 2. Compensation and Salary of Officers (pp. 28, 31 RTK Report)

NameTitleSalary
Robert HarbaughChair Department of Neurosurgery$672,386
John MyersStaff Physician Pediatric Surgery$578,928
Joe Paterno
Head Football Coach
$527,748
Peter DillonChair Dept. of Surgery$527,284
Jonas Sheehan
Staff Physician Neurosurgery
$525,012
Carlo de LunaStaff Physician Neurosurgery
$525,012
Kevin BlackChair Orthopaedics/
Rehabilitation
$520,478
Alan BrechbillExecutive Director
MSHMC
$514,964
John ReidStaff Physician
Orthopaedics
$510,015
Kathleen EggliChair Department of Radiology$478,522
Mario GonzalezStaff Physician Electrophysiology$460,030
Akash AgarwalStaff Physician Neurosurgery$458,361
David GoodspeedStaff Physician Orthopaedics$458,038
Thomas TerndrupChair Emergency Medicine$457,493
Berend MetsChair Department of Anesthesiology$446,177
David QuillenChair Department of Ophthamology
$438,335
Thomas LoughranDirector of Penn State Cancer Institute$430,743
John RepkeChair Obstetrics/
Gynecology
$425,917
Kevin CockroftStaff Physician Neurosurgery
$420,010
Henry WagnerStaff Physician Radiation Oncology$412,012
Walter KoltunStaff Physician Colorectal Surgery$410,025
Ross DecterStaff Physican Urology$400,020
Walter PaeStaff Physician Surgery$400,020
Robert AberChair Department of Medicine$393,447
Lawrence SinowayDirector Penn State Heart & Vascular Institute$382,464

Table 3. Top 25 Salaries to non-officers (p. 32 RTK Report)

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Wednesday, June 10, 2009

Penn State Legal Expenses 2007-2008: Loose Knots on Some Loose Ends

I wanted to tie up a couple of loose ends from my earlier post on Penn State legal expenses.  There were several entities which received payment from Penn State which I thought likely were settlements for lawsuits.  I haven't documented any legal proceedings which may have resulted in those payments, but I've got some idea of what's going on two of the payments. One was a payment to Rad Technology LLC in the amount of $281,000 and the other was a payment to PSRP Developers in the amount of $11,873. Both are likely the result of some sort of contract dispute.

Rad Techonology built a radiation treatment vault for Hershey Medical Center (scroll down) and for which it was payed $2,091,439 in 2005-2006. Last year's legal payment very likely was tied to this.

PSRP Developers built and manages a building at Penn State's Inovation Park. It has received regular payments from the University for several years. (Go take a look a the Stairs Reports over to your right.) It is likely that the legal payment for 2007-2008  was tied to a lease or property dispute of some sort.

As always, if you have more detailed information about thses matters leave it in comments or email me.

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Tuesday, June 09, 2009

It's Commencement Time in the Country

[h/t Atrios]
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Reporting on the Right-To-Know Report

As I promised the other day, here's my look at the Penn State 2009 Right-To-Know Report. It's largely a disappointment.

Most of the information in the report, other than the salary data which received all of the press coverage two weeks ago and a couple of other bits which I'll discuss below, is available elsewhere. The advantage of the report is that it brings it together in single, easy to find, place. For example, the balance sheet information can be found in Penn State's Audited Financial Statement, as can the information on tax-exempt debt,$1,022,862,000.  Other information is available, but one must pull it together from two or more sources. Lobbying expenses, $830,085 falls into this category. The University reports this information to both the state and federal governments which in turn publishes the information. Those state and federal reports are in fact more informative.   The information on related tax-exempt entities is also available elsewhere. I know about them from digging around in GuideStar which publishes the Form 990's of such entities. However, not everyone thinks digging around in GuideStar is a great way to kill an evening. 

Information on educational grants, $119,465,776, might be pieced together from the Common Data Sets for all locations, but I'm not sure since the Common Data sets contain information for undergrads only.

There is information which I haven't seen elsewhere. Amongst these are  a complete listing of  taxable subsidiaries along with their total income and end of year assets; the total amount of money loaned to students by the University,$62,785,00; the amount of those loans which is doubtful, $19,171,000; the amount of money pledged to the University, $209,235,000 and the amount of those pledges which are doubtful, $63,536,000.

If you find any gems in the report that I've missed, let me know in comments or by email.

A final note. Next year's report should be a treasure trove of information. The current report covers fiscal year 2007-2008 which corresponds to tax year 2007. The IRS has updated its Form 990 for tax year 2008 and...lets just say the updated form will certainly give Graham nightmares.  

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Thursday, June 04, 2009

Jumping Through Hoops To Find and Use Penn State's Right-To-Know Report

A couple of years ago the Pennsylvania General Assembly set out to overhaul the Commonwealth's antiquated Right-To-Know law. Freshman Democrat Tim Mahoney of Uniontown and veteran Republican Dominic Pileggi of Chester County introduced bills in the House and Senate, respectively. Both bills extended the coverage of the law to state-related universities, such as Penn State, which were not covered by the old law.

Graham threw a hissy fit. And Sen Jake Corman (R-Penn State) stepped up to the plate for him, by amending Pileggi's bill to exempt state-related schools from the full force of the law. Consequently, Penn State and the other state-related schools do not, under the law which passed, have to respond to requests for public records. The law only requires that
No later than May 30 of each year, a State-related institution shall file with the Governor's Office, the General
Asssembly, the Auditor General and the State Library the information set forth in section 1503.

And the information that must be reported?
The report required under section 1502 shall include the following:
  1. Except as provided in paragraph (4), all information required by Form 990 or an equivalent form, of the UnitedStates Department of the Treasury, Internal Revenue Service, entitled the Return of Organization Exempt From Income Tax, regardless of whether the State-related institution isrequired to file the form by the Federal Government.
  2. The salaries of all officers and directors of the State-related institution.
  3. The highest 25 salaries paid to employees of the institution that are not included under paragraph (2)
  4. The report shall not include information relating to individual donors.
And one more thing, the schools have to make the report available to the public.
A State-related institution shall maintain, for at least seven years, a copy of the report in the institution's library and shall provide free access to the report on the institution's Internet website.
The Harrisburg Patriot-News and the Pittsburgh Post-Gazette reported the salary data last Friday, but I wanted to take a look at Penn State's entire report. Big surprise there, huh? I figured the leak to the papers was intended to satisfy people's curiosity, thereby diminishing their desire to see the report.

I discovered that Penn State hasn't made it easy to find their report. A quick look at the Penn State homepage revealed nothing. So I searched the psu.edu Web site on the string "Right To Know". The first link in the search results, which appeared to be the one I was looking for, took me here.
Penn State University fully agrees with the need for strict fiscal accountability to the citizens of Pennsylvania, the General Assembly, and the Administration. To this end, we supported the Higher Education Fiscal Information Disclosure Act in 1994 that was championed by Sen. James Rhoades and Rep. Jess Stairs, Chairs of the House and Senate (more)
This is just Graham trying to undo the damage of his hissy fit. But I thought that if I click on "more" , I'd find the report. Click I did and here's what I got.
The Rhoades-Stairs disclosure approach was designed specifically for Pennsylvania's major research universities, and continues to be the most appropriate higher education accountability mechanism. Under this act, state-related universities must report:
  • The academic and administrative budgets for current and prior years including revenue and expenditures;
  • The number of employees by academic rank and number of administrators, and staff;
  • The median and mean salaries of administrators, faculty and staff;
  • The non-salary compensation of administrators, faculty and staff;
  • A statement of the institution's retirement policies;
  • A policy statement on reduction of tuition for employee's family members;
  • Service contracts including legal, instructional, management accounting, architecture, public relations and maintenance;
  • A list of goods and services in excess of $1,000; and
  • A list, by unit, of expenses of travel.

The reports are due within 180 days of the close of each fiscal year. In addition, Penn State posts its reports on a specially designed Public Accountability Web site: http://www.psu.edu/ur/accountability.html . At this site you will find direct links to the University's operating budget, Fact Book, Common Data Set, crime statistics and other data sources for all 24 Penn State locations.

Well, that wasn't what I was looking for, but I was sure that that last link would take me to the report. No such luck. Here's what I was faced with.
As Pennsylvania's land-grant university, Penn State continually seeks to make information about its activities and services readily accessible to the citizens of the Commonwealth. Please visit the linked site below to find links to areas of major importance to Pennsylvanians and others who desire to know more about the scope, mission, and operations of the University. http://www.budget.psu.edu/PublicAccount/default.asp
I wasn't discouraged. I wasn't ready to give up. I clicked the link. But once again there was no Right-To-Know Report.

By the way, the Stairs Report, which Graham touted as having so much good stuff in it, is at the last link, but it is a watered down version which doesn't contain all of the information which Graham listed. So much for a commitment to accountability.

Variants on the original search string got me no closer. I needed a different strategy. I figured that I might find the report in LIAS since the law required it to be posted in the Library. And I was right. The LIAS listing for the report has a link to the report. It resides on the Controller's Web site.

So I wondered if Temple and Pitt made it this hard to find their Right-To-Know reports. First I went over to Temple's Web site. Over to the left on their homepage is a link to Public Information, which I clicked and found myself face-to-face with their Right-To-Know Report. At Pitt's Web site, I tried a bunch of stuff. Finally a search on "Right To Know Law" turned up this article in the University Times:The Faculty and Staff Newspaper which contained much of the information in required by the law, but I still haven't found the report itself.

Oh, and Penn State's Right-To-Know report is in a scanned file pdf which means that it can't be searched. (I transformed the file to a searchable pdf which I've uploaded to scribd.)

I'll write something up about the actual content of Penn State's report latter, but for now let's just say that Old Main has made it a little tough to track down and use their report.

Graham sure does love himself some accountability.

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I Think We Should Start to Call GT....

...Shecky Greene. Here's the big buffoon-he's third up-in the well of the House ridiculing green jobs.

[h/t Think Progress]

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Tuesday, June 02, 2009

Dog Bites Man/Republican Opposes EFCA

I'm sure this will surprise no one, but our congresscritter GT opposes the Employee Free Choice Act.
Thompson spoke out against the Employee Free Choice Act, which he claims removes the secret ballot process in considering whether to unionize a workplace.

"It's a job-killing measure," he said.

Thompson also criticized the measure for its binding-arbitration inclusion, which he said gives an outside party the ability to dictate contract terms.

Proponents of the measure claim it only raises the option of a secret ballot process, but more importantly, that it addresses good will negotiations through binding arbitration and increases sanctions on unfair labor practices.

I also wanted to commend the Sun Gazette, the paper that reported this, for at least stating the proponents position.

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More On Penn State's Legal Expenses: John R. Hancock v. The Pennsylvania State University

Here's a bit more information on the lawsuit filed by John R. Hancock against Penn State in October of 2005 which I mentioned in my last post.  Hancock, a maintenance worker, was fired by Penn State. He claimed  that it was because of his disability. 

Here are the details from the complaint which was filed in the United States District Court for the Middle District of Pennsylvania.
Penn State hired John R. Hancock in 1993.  Mr. Hancock worked for Penn  State in the position of Maintenance Worker Utility Grade 9 for nine years, from July  1995 through May 5, 2004, when Penn State terminated his employment.   

In Fall of 2003, Mr. Hancock was diagnosed with terminal illness due to  cirrhosis of the liver.

From the Fall of 2003 to the time of his termination, Mr. Hancock’s medical  condition progressively worsened.  During this period, Mr. Hancock’s illness impaired  his major life activities, including his ability to walk and lift, his control over his bodily  functions, and his short-term memory.  It has also affected his equilibrium and impaired  his ability to eat a normal diet and caused him to suffer from extreme fatigue.

Since early November 2003, Penn State has been aware of Mr. Hancock’s  medical condition.  At that time, Mr. Hancock’s wife advised his then-direct supervisor, Mark Bigelow, as well as Human Resource Coordinator Susan Rutan, of Mr. Hancock’s illness.  

In the Winter of 2004, despite knowledge of Mr. Hancock’s disability, Penn  State required Mr. Hancock to perform more taxing duties than he had previously  performed.  Previously, three employees had been assigned the task of cleaning the power plant area; Penn State now required Mr. Hancock and a seventy-year old co- worker to clean the entire area.  At one point, for a span of ten to fourteen days,  Mr. Hancock was required to clean the entire plant himself.  In addition, at the same  time, Penn State significantly increased the surface area that Mr. Hancock was required to clean.

Mr. Hancock sought reasonable accommodation for his qualified disability.   On or about January 11, 2004, Mr. Hancock discussed such accommodations with his  supervisor, Mark Bigelow.  Mr. Bigelow’s sole offer of an accommodation was a transfer  to a lower level position with decreased pay.  The very next day, January 12, 2004, Mr. Hancock agreed to acceptthe lower-paying position.  However, Penn State failed to  place Mr. Hancock in this position.    

On March 1, 2004, Mr. Bigelow pressured Mr. Hancock to apply for leave  under the Family Medical Leave Act (“FMLA”) and told Mr. Hancock that the earliest  Penn State could provide any accommodation was the end of 2004.  Moreover, Mr.Bigelow told Mr. Hancock that he must continue to perform all of the physically  demanding activities of his current position until that time and emphasized that Mr. Hancock would be required to operate the floor scrubber which Mr. Bigelow stated would likely hit Mr. Hancock directly in the liver and cause painful internal bleeding.

Mr. Hancock refused to apply for FMLA leave and continued to perform  his job despite his disability.  However, workers in the power plant increasingly  undermined his work by placing hostile notes in his locker and by deliberately making  him redo his work, by, for example, putting fresh wax beneath objects on the floor,  which when removed would expose the area that needed to be buffed.  Mr. Hancock  notified his supervisor, but no corrective action was taken.

In late April, Eileen Long, a new supervisor was assigned to Mr.  Hancock’s area.  Ms. Long made a practice of continually criticizing Mr. Hancock and asking whether he could do certain types of work, such as snow shoveling or floor  waxing, jobs that Mr. Hancock had problems performing because of his disability.  However, Ms. Long failed to provide Mr. Hancock with the accommodation he had been  previously promised, not did she offer any other accommodation. 

Ms. Long was aware that Mr. Hancock had a disability, requested  reasonable accommodation, and that he complained about the actions of co-workers.

On May 5, 2004, Area Services Manager Gregory Anderson, Janitorial  Supervisor Eileen Long, and Manager of Human Resources Susan Rutan informed Mr.  Hancock that he was discharged due to misconduct, based on statements he had allegedly made earlier that day to Ms. Long.  

On May 17, 2004, Penn State sent Mr. Hancock a letter confirming the meeting on May 5, 2004 and the termination of his employment.

Penn State terminated Mr. Hancock on account of his disability and his  continued requests for reasonable accommodation, and in retaliation for making continued requests for reasonable accommodation.  The Defendant’s alleged reason for terminating Mr. Hancock is pretextual.  

Subsequent to his dismissal, Plaintiff filed timely charges with the Equal   Employment Opportunity Commission (EEOC) alleging that he had been terminated  unlawfully on account of his disability. 

On July 11, 2005, Plaintiff was sent a right-to-sue letter by the EEOC. 

As a result of the discharge, Plaintiff has lost his income and has had to buy replacement medical insurance necessary for treating his terminal condition.
The case was settled in April of last year and , as is the practice with Old Main, the terms of the settlement  were sealed.

We now know that John Hancock settled his ADA case for $400,000 and his lawyer at the time of the settlement, Kathryn Chandless,(He changed lawyers midway through the case.) was paid $90,000.

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