Oregon’s Board of Examiners for Engineering and Land Surveying unconstitutionally applied state law governing engineering practice to Mats Järlström when he exercised his free speech about traffic lights and described himself as an engineer since he was doing so “in a noncommercial” setting and not soliciting professional business, the state Department of Justice has conceded.
“We have admitted to violating Mr. Järlström’s rights,” said Christina L. Beatty-Walters, senior assistant attorney general, in federal court Monday.
The state’s regulation of Järlström under engineering practice law “was not narrowly tailored to any compelling state interests,” she wrote in court papers.
The state has pledged the board will not pursue the Beaverton man any further when he’s not acting in a commercial or professional manner, and on Monday urged a federal judge to dismiss the case. The state also sent a $500 check to Järlström in August, reimbursing him for the state fine.
Järlström and his lawyers argued that’s not good enough. …
4/30/2017: State fines Oregon man $500 for doing math without a license – is pastry next?
Mr. Jarlstrom’s special crime? He wrote letters about traffic light timing, with math in them, and noted that he had a degree in engineering, which he does. He did not claim to be a licensed Civil Engineer, and yet the OSBEELS quickly got medieval guildish on him. From their website:
Mr. Jarlstrom claimed to be an engineer to OSBEELS, the City of Beaverton, Washington County Sheriff, and other organizations when providing engineering algorithms and calculations to change traffic light timing. The final order was issued against Mr. Jarlstrom assessing a $500 civil penalty for violations of ORS 672.020 and 672.045, engaging in the practice of engineering without proper registration, and Oregon Administrative Rule (OAR) 820- 010-0730, using the title of engineer without identifying the jurisdiction in which he is registered.
From what I can tell the OSBEEL would have no case against Mr. Jarlstrom if he’d expressed his suggestions in prose, or as limericks. It’s the math that got him in trouble. So he’s fighting back with words. From his subsequent First Amendment lawsuit against the State Board:
[Full disclosure: I put myself through college working as an unlicensed oil field surveyor, and to compound things I did so in part as an illegal alien in Chetwynd BC, along the lovely Sukunka River. When the Mounties caught me they gave me a week to leave, and not only did they not fine me, they told me to call them if I had any problems getting the rest of my paycheck from the survey co.]
In other news, the Oregon Higher Education Coordinating Commission is finally taking up the challenge of protecting Oregonians from dangerous, uncertified pastry chefs. The agenda for their May 11th meeting:
This university needs an effective office of Internal Audit to examine these sorts of bids. It took 5 weeks just to get an estimate from the VP for Equity and Diversity for the public records, and now the PRO refuses to waive their $114.62 fee:
Dear Mr. Harbaugh:
The University of Oregon has received your public records request for “…a copy of all bids submitted in response to: RFQ for Executive Coaching Services Solicitation Number: PCS# 211000-00055-RFQ and emails between Michael Tani-Eshon or Yvette Alex-Assensoh and bidders or potential bidders regarding this RFQ” on 06/19/2017, attached.
The office estimates the actual cost of responding to your request to be $114.62. …
7/10/2017 update: UO Matters saves UO $25K and an uncountable amount of administrative B.S.
Sometimes a simple question is all it takes. In an effort to find out more about the $25K buzzword consultant VPEI wanted to hire, I made this public records request on June 18th:
From: Bill Harbaugh <firstname.lastname@example.org>
Subject: PR request VPEI Coaching Services
Date: June 18, 2017 at 10:32:41 PM PDT
To: Lisa Thornton <email@example.com>
Cc: firstname.lastname@example.org, Yvette M Alex-Assensoh <email@example.com>
Dear Ms Thornton –
This is a public records request for a copy of all bids submitted in response to:
and emails between Michael Tani-Eshon or Yvette Alex-Assensoh and bidders or potential bidders regarding this RFQ. I’m ccing Mr. Tani-Eshon and VP Alex-Assensoh since they should have easy access to these public records.
I ask for a fee-waiver on the basis of public interest.
The public records office has sat on it for 3 weeks now, and hasn’t responded to my follow up, but the good news is that the request has already worked. As of July 6th, “THIS OPPORTUNITY IS CANCELLED”:
5/17/2017: Office of Equity and Inclusion searching for buzzword consultant
Nice to know that, after laying off 100 faculty, UO now has money to burn on a consulting firm to help with “executive trustbuilding”, “change management”, “active learning skills including paraphrasing” (that’s a direct quote) and “harnessing the power of culture to optimize outcomes“. $25K, or enough to pay for 4 Pathways scholarships. And it’s renewable:
7/25/2017 (Reposted on 10/15/2017 for no particular reason):
Just kidding. As explained below, the UO administration has rewarded Rob Mullen’s consistent failure to produce any profits for UO with a big raise and a porkalicious contract which they kept secret for 8 months, after using a loophole to avoid public review by the Board of Trustees.
Normally about 260 people pass the July Oregon Bar exam. This spring the Oregon Supreme Court dumbed down the pass score and made some other changes, and 360 people passed. Obviously this is good news for the 100 students who otherwise wouldn’t be licensed to practice law, and good news for the Oregon Bar, which collects an annual $470 from each. It’s bad news for those 260 students who would have passed the older, harder exam, and who now have to try and find a job in an even more flooded job market.
Oregon’s pass rate for the July exam, (all takers, not just UO students) has jumped from 58% last year to 79% this year. That’s a 21 percentage point increase or a (79-58)/58=36% increase in the success odds, in one year. In July 2016 the average pass rate for all US takers was 62%, compared to 58% for Oregon. So we were a little low, but not by much.
In July 2016, only Nebraska had a higher percentage of takers (82%) passing than Oregon’s 2017 new rate of 79%. (Kansas and Missouri were tied at 79%, Oregon’s new rate). See http://www.ncbex.org/pdfviewer/?file=%2Fdmsdocument%2F205 So, with one decision made without adequate prior public notice or discussion, and apparently with no discussion in the Oregon Supreme Court, Oregon has gone from being middle of the road to being among the four easiest states in which to get a license to practice law.
This is not what the Oregon Board of Bar Examiners intended. According to internal documents obtained with a public records request, the BBX believed these changes would increase the pass rate to about 68%. They explicitly rejected a proposal from the three deans of Oregon’s law schools for an even lower cut-score, apparently because they thought that would produce a pass rate of 78%, which they thought was too high. I wonder if the deans will now argue for raising the cut-score and lowering the pass rate?
In short Oregon’s new test, with the new lower cut-score, is much easier to pass than the old one, and much easier than the BBX led the Supreme Court to believe. It has given Oregon what is almost the highest pass rate in the country.
It’s true that the new exam will also make it easier for Oregon law students to move to other states, assuming their score was high enough to have passed those state’s cut-rate. But why is Oregon subsidizing the tuition of out-of-state students who will take out-of state legal jobs – if they can even find them?
For comparison, last July:
Michael Tobin has a brief report about this in the Daily Emerald, here.
10/4/2017 NOTE: I’ve now received two letters from the Oregon Bar, arguing that they did not break the public meetings law, while also promising that they will now post meeting notices on the bar’s website. As you can see from their October posting, they’re still trying to figure this transparency thing out:
I’ve got some more public records requests into them and the Oregon Supreme Court (which has updated its website and fixed some of its public records procedures in response to my previous questions to them) and I will post what I find out.
9/20/2017: Around the O has the puff piece here, from PR flack Tobin Klinger. You’d think UO’s $475K budget for “Executive Communications” would buy a few more facts – maybe even a link to the letters from the Senate and Union, which McIntyre got by making a public records request to the Governor? Or at least something about how Prof McIntyre’s research is financially supported by a donation from at least one of the UO trustees, which may present some interesting potential conflicts of interest.[9/21/2017 correction: I’ve been informed by a generally reliable source that McIntyre’s research is not supported by donations from trustees.] She has of course agreed to follow Oregon law on conflicts of interest, which is not particularly strong.
McIntyre follows Trustee Susan Gary from the Law School, who served two terms during which she refused to inform the faculty of such matters as Chuck Lillis’s Delegation of Authority power grab.
We’d probably be better off abolishing the Faculty Trustee position than continuing to help the Trustees believe that they are getting the faculty’s point of view on UO issues through these sorts of appointments.
6/16/2017: Gov. Brown to nominate passionate Gottfredson defender as faculty trustee
That’s the rumor down at the faculty club. Here’s video of Professor Laura Lee McIntyre (School Psychology) taking a courageous stand in the UO Senate in defense of President Gottfredson’s handling of the basketball rape allegations. Backup to hear Gottfredson’s remarks. The Board firedpaid Gottfredson $940K cash to leave town less than three months later. The official UO channel has taken this video down (perhaps because of the lawsuit against him) but it’s on youtube:
The “Art of the Athlete” course was one of the more hilarious scams set up by the Duck Athletic department, presumably with the help of their academic liaison Lorraine Davis, although it’s often hard to get the administration to reveal exactly what it is that Ms Davis does:
The Art of the Athlete course was only open to athletes, taught in the Jock Box, and until the Senate’s IAC found out, every athlete got an A+, which certainly helped pump up the Duck’s academic excellence. As soon as we reported it to the NCAA it was changed to pass/no-pass, and supposedly opened up to unathletic students.
UO’s academic side currently spends about $2M a year subsidizing the athlete-only Jock Box operation, paid out of UO’s general fund: i.e. state support and tuition. This is roughly $4K per athlete. In contrast expenditures on regular students are about $400 per student. You’d think that the Ducks would be able to pay for the tutoring for their athletes themselves, with some of the Duck Athletic Fund donations they collect – but any money left over after paying tuition goes to the athletic department’s own expenses.
So has the athletic department made any effort to get the Duck boosters to cover some of this subsidy? Quite the opposite. A few years ago Robin Jaqua gave $5M to set up an endowment to help with this, but AD Rob Mullens got his hands on it before the Provost did, and he uses it to pay for the utility bill – the only part of the Jaqua Center operating costs that the athletic department is responsible for.
And now it’s getting crazier: instead of giving to help the academic side offset the $2M athletic tutoring subsidy, UO’s development office is letting a Duck donor give money for a second gut “Art of the Athlete” course:
8/23/2017: The RG’s Austin Meek’s report on this porkfest is unusually incurious. In fact this new contract is not a pay cut as Meek suggests, it’s a $50K raise for Horton to $500K a year, plus some new and remarkable bonuses. Although the old contract did guarantee him $90K for ticket sales that never happened, so I suppose you could see it as a cut.
In any case, not bad for a man who sold about $160K in tickets last year, and whose team costs UO at least $2M a year in subsidies.
Horton’s full contract is here. It’s great to see that his players will get cash bonuses for good grades, to be paid within 45 days of the end of the term:
Just kidding, the players do the work, but the money is “earned by Coach”. The 45 days is real though – these jocks really don’t trust each other, do they? Soon we’ll have to pay them in bitcoin. The new contract also makes clear that Horton is not a faculty member – something the UO GC’s office has claimed of coaches in the past to try and hide their public records – and also that he’s bound by standard UO ethics policies etc.
5/29/2017: UO to pay Horton for 2 years as he closes down Duck baseball program
Apparently the women’s softball team did not react positively to the idea of a merger. Austin Meek has more in the RG here.
5/23/2017: UO baseball loses games, money
Kenny Jacoby has a comprehensive report in the Emerald on the increasing baseball losses – $17M so far. Attendance is so bad that Rob Mullens is offering the *faculty* free tickets. Duck spokesperson Tobin Klinger:
UO spokesman Tobin Klinger said President Michael Schill is “working to determine the best approach forward,” but suggested it is unlikely he would take any away from athletics to mitigate cuts to academics. Schill did not respond to multiple email requests for comment.
“Should it come down to re-examining the budget, it would be safe to say that we will need to think as broadly as possible,” Klinger said in an email. “That said, athletics is a self-sustaining auxiliary unit… and this exercise is ultimately about right sizing our general fund budget.”
So far as I am aware previous UO administrations have never been willing to share this sort of information with the Senate – but maybe that will change, and the day will come when shared governance will no longer have to rely on the kindness and curiosity of UO’s student journalists, or the whims of Jim Bean’s 4.25 big ideas and their ilk.
Or maybe the PRO is just trying to clear up their backlog before Oregon’s new PR laws make them improve their response times. 207 pages worth with some light and appropriate redactions, and all provided to the Emerald by UO at no charge – remarkable.
You can find the Provost’s Institutional Hiring Plan, i.e. the outcome of these proposals, here.
Ryan Thorburn has the data on pathetic Duck ticket sales in the RG here;
According to data provided by the athletic department, the average renewal price of a season ticket is down by 3.9 percent, with 65 percent of seats decreasing in price and the other 35 percent remaining flat at 2015 rates.
As of Monday, Oregon had sold 36,840 season tickets, which is down from last year’s total of 37,404. The program’s record was 43,295 in 2011, the season after Chip Kelly’s Ducks played for a BCS national title.
Apparently Eric Roedl is having a hard time finding people who want to watch Willie Taggart get paid $3.5M to churn his players brains to mush, or listen to Dana Altman berate his players for supporting #BlackLivesMatters during his national anthem. Roedl has already put the screws to UO students for another $10K, but that’s petty change across the river. Looks like these coaches and Rob Mullens locked in their fat long-term contracts with UO just in time.
Meanwhile there’s a great interview with UCLA QB and Econ major Josh Rosen, here. Rosen puts the lie to all the crap we’ve heard from the Duck athletic department and its “Faculty Athletics Representatives” over the years about how its OK we don’t pay the players, because they’re getting such a great education:
Rosen: “Look, football and school don’t go together. They just don’t.”
Rosen: Don’t get me started. I love school, but it’s hard. It’s cool because we’re learning more applicable stuff in my major (Economics)—not just the prerequisite stuff that’s designed to filter out people. But football really dents my ability to take some classes that I need. There are a bunch of classes that are only offered one time. There was a class this spring I had to take, but there was a conflict with spring football, so…
B/R: So football wins out?
Rosen: Well, you can say that.
B/R: So that’s reality for student-athletes playing at a major university?
Rosen: I didn’t say that, you did. (Laughs.) Look, football and school don’t go together. They just don’t. Trying to do both is like trying to do two full-time jobs. There are guys who have no business being in school, but they’re here because this is the path to the NFL. There’s no other way. Then there’s the other side that says raise the SAT eligibility requirements. OK, raise the SAT requirement at Alabama and see what kind of team they have. You lose athletes and then the product on the field suffers.
Look, football and school don’t go together. They just don’t. Trying to do both is like trying to do two full-time jobs. — Josh Rosen
B/R: Wait, some players shouldn’t be in school?
Rosen: It’s not that they shouldn’t be in school. Human beings don’t belong in school with our schedules. No one in their right mind should have a football player’s schedule, and go to school. It’s not that some players shouldn’t be in school; it’s just that universities should help them more—instead of just finding ways to keep them eligible.
Any time any player puts into school will take away from the time they could put into football. They don’t realize that they’re getting screwed until it’s too late. You have a bunch of people at the universities who are supposed to help you out, and they’re more interested in helping you stay eligible. At some point, universities have to do more to prepare players for university life and help them succeed beyond football. There’s so much money being made in this sport. It’s a crime to not do everything you can to help the people who are making it for those who are spending it.
B/R: But those same players go make money in the NFL after being prepared by their college programs.
Rosen: Some do, absolutely. What about those who don’t? What did they get for laying their body on the line play after play while universities make millions upon millions? People criticize when guys leave early for the NFL draft, and then rip them when some guys who leave early don’t get drafted. [They say,] “Why did you leave school if you weren’t going to get drafted?” I’ll tell you why: Because for a lot of guys, there is no other option. They were either leaving early (for the NFL) or flunking out. To me, that’s a problem within the system and the way we’re preparing student-athletes for the future away from football. Everyone has to be part of the process.
B/R: How is it, then, that some guys graduate in three years? Deshaun Watson graduated in three years from Clemson. So did his roommate, Artavis Scott.
Rosen: I’m not knocking what those guys accomplished. They should be applauded for that. But certain schools are easier than others.
B/R: It can’t be that simple.
Rosen: If I wanted to graduate in three years, I’d just get a sociology degree.
Of course football and school go together real well for Willie Taggart and Rob Mullens. If it weren’t for the school part, they have to pay their players.
That’s not a rumor, it’s a fact. Meanwhile, reports from staff survivors are that the inside temperature hit 92 an hour ago.
Here’s the report from last year:
8/19/2016: Faculty Union to sue university over cruel and inhumane lack of AC in PLC
The NYT has the story here. Just kidding about the faculty union, it’s about Louisiana inmates suing the State Department of Corrections. Interestingly, Texas law requires jails be kept between 65 and 85 degrees. (Fahrenheit, I hope.)
Here in PLC, the administration has dealt with the heat problem with this list of helpful suggestions, including “sit forward in your chair instead of leaning against the backrest” and “wipe your face, neck and arms with cool water”:
Police at a small college in Wyoming have closed a sexual assault case involving a member of the University of Oregon’s Final Four basketball team and no charges will be filed. …
Presumably this means the UOPD and NWCCDPDpolice reports will soon be released.
6/22/2017 update: And don’t get me started on their grammar. I’ve made a few notes on the response below, the official version is posted on Around the O:
The university issued the following statement June 22:
Recent media coverage of an allegation of sexual assault by a former member of the UO’s basketball program has created some questions about the university’s response. The University of Oregon takes very seriously any allegation of sexual assault or misconduct regardless of whether [or not] it involves a student athlete.
In most cases involving accusation[s] of sexual assault, it is impossible [perhaps you mean to claim it is illegal?] and inappropriate to publicly disclose details to protect the rights of victims [and yet police departments and prosecutors do this all the time by using pseudonyms – see for example the Jane Doe documents for the last basketball rape allegations] and those who report violations under Title IX, to comply with federal student privacy laws [say, don’t athletes have to sign the FERPA release?], and to provide those accused with appropriate due process. [Uh, so then why did the UOPD (eventually) release the police report to the Emerald? See it here.]
This was a scenario [scenario is the word when you’re play-acting crises and responses, not when you’re responding to an actual event] that stemmed from a law enforcement inquiry by the Northern Wyoming Community College [District] police.UO police have no jurisdiction in Wyoming, [thanks, good to know] and it would be inappropriate for the UO to provide details on an inquiry led by another law enforcement agency. [Even if doing so might protect UO students? Did the UOPD ask the NWCCDPD if they cared?]
The UO Police Department was contacted in the fall of 2016 to assist the NWCCD police in an interview with Kavell Bigby-Williams. UO athletics assisted UOPD in contacting Bigby-Williams, who declined to be interviewed through his attorney. [It’s OK, we know what you were trying to say here.] That information was provided to the NWCCD Police Department.
Information detailing allegations was not shared with the coaching staff to protect [the] integrity of the inquiry. [We can understand why the UOPD wouldn’t trust Dana Altman, but why wasn’t it shared with AD Rob Mullens and President Mike Schill? Does the UOPD not trust them either?] The Department of Intercollegiate Athletics’ only role was to provide contact information for the player and to coordinate with the university’s Title IX coordinator. [What does coordinate mean here? Was a Title IX investigation started?]
University processes, then as now, involve communication between campus police, the Title IX office and athletics administration to determine whether there is a risk to the campus community that requires immediate action. In September 2016, there was insufficient information to warrant interim action. Since September, UOPD has received no further information or requests for assistance from the NWCCD police suggesting the inquiry had advanced in any way. [Did they ask? And did any new information develop? Was anyone alerted to look for it?]
6/22/2017 update: Dana Altman brings UO more of that national publicity money just can’t buy
Kavell Bigby-Williams played one season for the Oregon men’s basketball team, helping the Ducks to the Final Four in 2016-17. For the entirety of that season, he was being investigated for sexual assault by police in Wyoming for an incident that took place in September near Gillette College, the junior college from which Bigby-Williams transferred to Oregon.
According to a report by the Emerald’s Kenny Jacoby, a woman accused Bigby-Williams of sexually assaulting her at an apartment near the Gillette College campus sometime between 10 p.m. on Sept. 17 and 3 a.m. on Sept. 18, about a week before fall classes began at Oregon. The Northern Wyoming Community College District (NWCCD) campus police then began its investigation, which according to Jacoby remains open, though NWCCD police refused to comment about it. Bigby-Williams has since announced his intention to transfer to Louisiana State.
It remains unclear whether Ducks Coach Dana Altman, Athletic Director Rob Mullens or other school officials were aware of the specifics of the investigation. …
For the nostalgic, here’s video of Duck Coach Dana Altman, AD Rob Mullens, and former President Mike Gottfredson pretending they didn’t know anything about the previous allegations:
6/21/2017: New Duck basketball sex assault allegations
Reporter Kenny Jacoby has the latest in the Emerald, here:
Former Oregon forward Kavell Bigby-Williams played the 2016-17 men’s basketball season while under criminal investigation for an alleged sexual assault, the Emerald has learned.
… UO President Michael Schill did not know about the sexual assault allegation involving Bigby-Williams and declined to share his thoughts on it.
“I don’t have any awareness of that,” Schill said. “In any event, I can’t comment on an individual student. What if I was asked by another reporter about you being obnoxious? Would you want me to tell them that?”
… Bigby-Williams played 37 games for Oregon this season, averaging 9.8 minutes and 3.0 points. He played increased minutes off the bench during the Ducks’ run to the NCAA Tournament Final Four, after center Chris Boucher went down with an injury.
He recently asked for and was granted a release to explore a transfer to another school. On June 20, Bigby-Williams committed to transfer to LSU.
For the record I’ve had many conversations with Kenny Jacoby, and I’ve always found him to be polite, smart, calm, well-informed, and curious. I hope my saying that is not a FERPA violation, because I doubt that Emerald reporters sign the same release form that Dana Altman’s student-athletes must sign, before they can get their scholarships and play ball:
Peter Keyes And thanks for your reality-check re-post - I had missed the original post while on the road for a year,... – Saturday
uomatters Thanks for this reminder of your testimony Peter. Here's a post on how the Board was actually appointed: http://uomatters.com/2015/11/governors-aide-doubted-uo-trustees-higher-ed-experience.html – Saturday
Peter Keyes As SB 270 wound its way through the legislature five years ago, I submitted testimony to the Joint Ways and... – Saturday