Marquette’s Case Against Paul Secunda: What Is It?

As we previously discussed, Marquette has suspended and apparently seeks to fire Law School Professor Paul Secunda for an “an inappropriate relationship” with a student.

The suspension and claim of “an inappropriate relationship” were leaked to the Journal-Sentinel. We don’t know by whom, nor what the motive was.

And the fact that the leaker failed to supply more details — leaving the impression that Secunda must have done something terrible — is suspicious. Would more details make his transgression (if it was a transgression) seem less serious?

Was the intention to smear Secunda?

Marquette Mum

Marquette, when asked by the Journal-Sentinel, simply said:

“Paul Secunda has been removed from his duties, including teaching, at Marquette University as the result of information developed from an investigation that began last May. Marquette will not comment further on the issue at this time.”

So an investigation that began in May resulted in him getting pulled out of class two weeks before the end of the semester, throwing into turmoil the final exam and reporting of grades.

That clearly suggests some precipitous move by Marquette. Was the (equally) precipitous departure by Provost Dan Myers in October related? According to the Journal-Sentinel, Myers was “negotiating a resolution with Secunda and then resigned suddenly in October, and Secunda was then suspended from teaching a short time later.” It would be odd if Kimo Ah Yun, new Acting Provost, moved so abruptly upon taking office. In fact, it would be rather disturbing.

What Did He Do?

The leaker (but not Marquette) accused Secunda of an “an inappropriate relationship.” That would imply something consensual, since “sexual assault” is sexual assault, and “quid pro quo harassment” (offering some favorable treatment for sex, or threatening unfavorable treatment if sex is denied) is much worse than “an inappropriate relationship.”

But who knows if the leaker was using precise language?

Has Secunda Made Enemies?

When Marquette tried to fire us, they were egged on by a collection of leftist faculty, who had a long-standing grudge about our blogging, which had revealed numerous abuses by politically correct types on campus.

But Secunda is a leftist. So shouldn’t that give him some protection?

From some things, yes, but not from everything.

First, the sort of extreme feminism that thrives on college campuses encourages women to feel abused and ill-treated. Sometimes, perhaps, as the result merely of an ill-considered and inadvisable relationship that turned out badly.

Does Secunda have a spurned (or otherwise aggrieved) woman in his past? The other alternative is that the “relationship” was so indiscreet as to provoke complaints to administrators.

Has she (if there is a “she”) threatened to sue Marquette? Secunda’s statement — “I assume Marquette University has chosen to act as it has toward me to protect the University” — might imply that.

And indeed, Cheryl Abbate, the instructor whom we blogged about in 2014, did threaten Marquette with a lawsuit. Marquette’s subsequent attempt to fire us embroiled it in a nasty, protracted and vastly expensive lawsuit which ended in a humiliating defeat before the Wisconsin Supreme Court.

Enemies Among Administrators

One thing that is clearly the case is that Secunda has alienated some campus administrators, and especially Law School Dean Joseph D. Kearney. Secunda has been outspoken in believing that Marquette’s law school, in a fancy, expensive new building, should have been improving its standing in national rankings — rankings that have a huge effect on (for example) the quality of applicants and the job prospects of graduates.

A reliable source in the Law School reports witnessing “on multiple occasions” antagonistic interactions between Secunda and Kearney.

In a Law School Faculty meeting, a request was made of Kearney to explain exactly what the charges were, and a motion was made to go into executive session to hear the details. The motion failed.

Kearney made it clear he didn’t want to share any details.

It doesn’t matter too much whether you are on the left or the right when you make things uncomfortable for campus bureaucrats.

We Need More Information

Much of what we have said is speculation, but it is informed speculation, based on our own experience and observations. In fact, some in the Law School are calling this “McAdams II.”

Secunda is lawyered up — yes, lawyers themselves feel the need to lawyer up. And lawyers typically tell their clients to stay silent, lest they say something to complicate their case.

But we badly need more sunlight on this case. It has been covered in media highly visible in the legal community, including Above the Law, Law.com, Legal Insurrection, and Inside Higher Ed.

It has doubtless harmed his reputation.

We can easily believe Secunda may have done something we would consider immoral, and maybe something most would agree to be foolish or ill-considered.

But that’s not the same as professional misconduct. And given that Marquette has no policy concerning sex between faculty and students, any infraction would have to be obviously and blatantly at odds with some established academic norms to justify disciplining him.

Marquette’s credibility on issues like this is poor. We will have to see some hard — and damning — information before we conclude that his suspension (or any eventual attempt to fire him) is justified.

Russ Feingold to Be Visiting Professor at Marquette Law School

From Wispolitics.com:

(MILWAUKEE) –Former U.S. Senator Russ Feingold will join the Marquette University Law School faculty as visiting professor of law beginning the spring semester 2011, the university announced today. Feingold completed his third term in the U.S. Senate January 3.

“Senator Feingold joins Marquette Law School with a substantial academic, legal and legislative background,” said Joseph D. Kearney, dean of Marquette University Law School, in announcing the appointment. “He will draw on all of this in working with students in their analysis of some of the most complex legal issues facing our nation and world today. I look forward to his service on our faculty.”

Feingold will teach an elective course, Current Legal Issues: The U.S. Senate, to upper-level law students. He earned his undergraduate degree from University of Wisconsin-Madison, is a member of Phi Beta Kappa, a former Rhodes Scholar and an honors law graduate of both Oxford University and Harvard University. He practiced law for six years with two Wisconsin law firms, Foley & Lardner and LaFollette & Sinykin. Feingold served for 10 years in the Wisconsin Senate and 18 years in the United States Senate, where he was a member of the Foreign Relations, Intelligence, Budget and Judiciary Committees.

“As I looked at beginning to write the next chapter of my professional life, the opportunity to be in a Wisconsin classroom with engaged law students is one I found very appealing,” said Feingold. “Marquette Law School is a dynamic place, and I look forward to being part of it.”

While teaching at Marquette University Law School, Feingold also expects to begin work on a book.

Hiring failed politicians in academia to provide a bit of pizazz is a rather old tradition, so we can’t bitch too much about this.

Back in 2002, when a disgraced Tom Ament was forced out of his office as County Executive due to a pension scandal, Marquette’s administration approached the Political Science Department, asking whether we might be willing to have him on board in some capacity. We basically said “no, we are not in the business of trying to lend legitimacy to an unethical political hack.”

Feingold is not corrupt in the way Ament was, but his haughty and arrogant liberalism was repudiated by the voters this past November. His hiring continues the trend of the Law School hiring local celebrities and giving them cushy positions.

We don’t doubt that Mike Gousha has earned his keep, mounting a fine speakers series, bringing top “movers and shakers” to Marquette. But we have begun to wonder: just how is the Law School doing in attending to its bread and butter — tenure track faculty who do the teaching and publishing?

[Update]

The Badger Catholic weighs in with a decidedly negative view of the Feingold hiring.