Claiming the University of Virginia has retaliated against an employee for participating in last May’s pro-Palestine protest on Grounds, a group of 30 marched to Madison Hall, which houses UVa President Jim Ryan’s office, and demanded a meeting with Ryan this past Wednesday.
The group congregated on a parcel of land between the school’s iconic Rotunda and the University Chapel, the site where UVa Law School librarian Ben Doherty and 26 others were arrested on May 4 during a protest against Israel’s yearlong war with Palestinian terror group Hamas.
While the courts ultimately dismissed the trespassing charges against Doherty and others, the librarian received a “letter of counseling” from the law school on May 21 saying that “future conduct of this kind … will very likely result in disciplinary action up to and including termination.”
UVa says that a letter of counseling is not a disciplinary measure, but Doherty and supporters believe the letter’s language is unambiguous.
“To me, it’s a written threat of termination for participating in a protest,” Doherty told The Daily Progress on Wednesday. “It feels pretty material to me. I think they are using the idea that it’s not a disciplinary action to get away with not following the law.”
Moments before speaking with the press on Wednesday, Doherty and members of the UVa chapter of the United Campus Workers of Virginia union marched to the steps of Madison Hall seeking a meeting with Ryan. In a statement released prior to the march, the group argued that they would “oppose any retaliation against workers” exercising their right to protest and would ask Ryan “to stop this retaliation threatening Ben’s termination.” The group contends that UVa violated both Virginia Code and the U.S. Constitution.
Their attempts to meet with Ryan were unsuccessful.
After reaching Madison Hall, a dozen people approached the steps while the rest of the group stayed closer to University Avenue and led chants, including “Protest is a right, this is why we have to fight.”
Doherty and the others ascending the steps encountered security guards along the way. They exchanged words before the protesters were permitted to head to the building’s door. At the door, they requested via intercom to be granted entry while the security guards behind them called university police.
The door was never unlocked. Instead, Brie Gertler, vice provost of academic affairs, walked up the stairs to meet the group, where they informed her they wanted to meet with Ryan.
“He is on a plane right now,” Gertler told them.
Gertler told the group that they could schedule an appointment to meet with Ryan or speak with her. The group then handed Gertler a petition signed by hundreds that objected to Doherty being issued a letter of counseling.
Gertler told them that a letter of counseling was not a disciplinary action.
“It is not intended to be disciplinary at all. There are no material consequences,” she said. “The purpose of it is not to discipline. The purpose of it is to convey expectations about either conduct or performance.”
The group was unconvinced.
“I have two written letters threatening termination. You can say it’s not a disciplinary action all you want, but it clearly is an attempt to chill my right to protest,” Doherty said. “They are written threats that assure me if I participate in protest again, I will face disciplinary action up to and including termination.”
Asked if the letters on Doherty’s record could be used to cumulatively discipline them, Gertler said she did not know.
Doherty first received a letter of counseling in 2018 after objecting to one Jason Kessler studying in the law library. Kessler was a high-profile figure at the time, seeing as he was one of the principal organizers of the deadly Unite the Right rally-turned-riot in Charlottesville the year prior. Doherty had been the target of Kessler’s social media posts, and according to reporting from C-Ville Weekly at the time, “Kessler approached Doherty near the circulation desk, and their voices escalated as Doherty stepped in to ask Kessler to leave.”
That was during the first of Kessler’s two April 2018 visits to the law library. In the first, he “became loud, blasting racist and sexist statements as he stormed through the hallway,” according to C-Ville Weekly.
“He came twice into the law library and was harassing people,” Doherty told The Daily Progress. “I objected to that knowing that the university should have issued a trespass order to him based on his actions in 2017 and failed to do so.”
Unlike Kessler, Doherty and the other May 4 protesters were issued no-trespass orders, although they were ultimately lifted after the university faced public backlash.
While there is no official “three strikes and you’re out” policy at UVa, Doherty is concerned that another letter of counseling could result in termination — despite the latest letter’s laudatory language praising Doherty for their 20 years of “exemplary service” working in the law library.
Although other UVa employees were arrested on May 4, Doherty appears to be the only one who received a letter.
“That Saturday, May 4, had nothing to do with my job; it was on my own time, not as a representative of the university. I was actually surprised to receive a letter as if it was some kind of employment conduct rather than me just being a person of the world protesting genocide,” Doherty said. “They seem to be taking a very broad view of what is impermissible employee conduct, so of course, I feel like I’m taking a risk [by marching to Madison Hall]. Everybody who is here is taking a risk. I think a lot of people are scared by this kind of thing. It’s very chilling.”
Asked about Doherty’s letter, UVa spokeswoman Bethanie Glover said the university does not comment on personnel matters. She did not say if letters are used when considering an employee’s termination.
“A letter of counseling is a mechanism for managers to advise employees about conduct that does not meet the expectations of their position and offer guidance on how to proceed,” Glover told The Daily Progress via email. “Letters of counseling are not considered disciplinary actions under University policy.”
Although the letter notes that May 4 was on a weekend — Doherty doesn’t work weekends — it says the incident occurred on university property and claims that Doherty was part of a “conflict situation that jeopardized public safety” and refused to comply when university and law enforcement officials asked them to leave the area.
“They characterize my protest activities as insubordination, not listening to authorities. But it seems pretty clear to me that’s what a protest is,” Doherty said.
Source: www.dailyprogress.com