Maman Poulet | Clucking away crookedly through media, politics and life

Athlone Institute of Technology did not discriminate on Gender grounds

December 15th, 2007 · 14 Comments · Equality, Niall McElwee

Update: – The Full Text of the Equality Officers Report can be read here.

I await the publication of the report of the Equality Tribunal hearing reported in today’s Irish Times. Dr. Sheila McGree claimed that she was discriminated against in the appointment and employment conditions of Dr. Niall McElwee. The Irish Times reports (subs. required) today that

Dr McGree said Dr McElwee received favourable treatment when they both competed for a senior lecturer position which Dr McElwee was eventually appointed to in 2003.

She alleged that, although he was given the title of director of the centre for child and youth care learning, the centre does not exist. She said Dr McElwee had been given two days a week for research purposes alone, instead of one day for other lecturers, and he was given unfair advantages in the supervision of student research. His attempts to develop the research of other lecturers, most of whom were women, was “sexist”.

The Equality Officer found that AIT had not discriminated on gender grounds and Dr. McElwee’s prilvedges were as a result of his higher status.

I’m wondering who the new Director for the Centre for Child and Youth Care Learning at AIT is since Dr. McElwee’s resignation after his convictions for attempted indecent assault were discovered. I don’t see the title in the advertisement for a replacement for Dr. McElwee – closing date 20th December if anyone is interested – the starting salary is approximately €75k.

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14 Comments so far

  • SeanR

    Pity about the McGree case. Any sign of the Report on McElwee’s case?

    Another case I read about led to a different outcome at DCU, tho’ I did read an interview with Jane Horgan (around that time) how the college seemed to have unlimited funds to fight legal claims. I’ve fond memories of Jane, who tried to teach me statistics but made the class fun for us, over 26 (!!) years ago…

    http://www.independent.ie/national-news/woman-lecturer-triumphs-in-sex-bias-court-fight-1166849.html

  • David M

    Balance Missing on Dr. McElwee Reporting

    There seems to be a lack of balanced material on this blog and one would have to ask oneself why Maman Poulet has taken such an interest in this particular case? Has she inside knowledge or does she have a personal relationship with any of the protagonists? It is a good time to come clean and I, for one, would like to know.

    Why does Sean R write “Pity about the McGree case?? Has he any idea of the ins and outs of this long-running saga at Athlone? Well, I do and I feel compelled to write.

    First there was Dr. McGree’s internal case at AIT against Dr. McElwee back in 2002. Secondly, there was her appeal of the decision which resulted in an external Professor examining the case. And when neither of these previous two judgments went her way, there was the third case brought to the Equality Officer, who it appears also found that Dr. McElwee, or in this case his employer, Athlone Institute of Technology, did not discriminate.
    (Maman Poulet – Edited for legal reasons – in the same way I have edited tens of comments defaming Dr. McElwee, I have to edit comments potentially defaming other people)
    Now, to McGree’s second [issue] in her latest complaint. As it happens, I was a co-founding member in 2003 and research associate of the Centre for Child and Youth Care (CCYCL), the same centre that Dr. McGree states did not exist. Interesting one that!

    “Sexist? has no place in the works of Dr. McElwee or the Centre. He has collaborated with numerous high profile researchers, equally, of both sexes in Ireland and Canada. You only have to look to his many publication co-authors over the years. It did not matter what gender you were, rather how good your work was and what your philosophical outlook was. Those women and men who worked with Dr. McElwee and the CCYCL, all subscribed to a common Child and Youth Care Approach.

    (Again edited for legal reasons)

  • suzybie

    David,

    I am preparing a post upon publication of the Devine report which indicates the reasons why I had an interest in the McElwee case – previous posts may have shown that I have an interest in the management of human resources in HE, and conduct of academic departments including debates on students rights, lgbt issues in HE including research/teaching – I don’t work in academia, I don’t know any of the protagonists.

    I have had tens of comments on this matter that I could not publish because of their libellous nature – but have not had many comments in support of Dr. McElwee – anything I get I publish after review for possible defamation. Also if there are any newspaper articles in support of him they are also referenced or linked to. Maybe you can point me to any other blogs on this issue?

    My interest in this subject extends to the role of the HSE, AIT and WIT in all aspects of this subject.

    And finally for now – the other reason that I have an interest is the interest of the readers. I have been blogging for over two years. This subject more than any other has brought readers and commenters. The search statistics for issues on this case are probably more than for any other Irish political or equality issue I have blogged about.

    It should be noted that Dr. McElwee has been offered the right of reply on the blog – indeed his own post unedited by me (bar the usual issues relating to my legal liability) – and he has accepted once the report has published.

    MP

  • SeanR

    To comment on David M’s remarks above re:

    “Why does Sean R write “Pity about the McGree case?? Has he any idea of the ins and outs of this long-running saga at Athlone? Well, I do and I feel compelled to write.”

    The McElwee case raised critical issues about ethics and propriety in academia, which seem quite important to me as a former student and academic. If you read MP’s blog regularly, I am at a loss how you can claim she is not offering balanced coverage. I will briefly explain my thinking as a commentator on MP’s blog post about the McGree case to demonstrate that my contribution was an individual opinion.

    My comment was made in light of how difficult it is to win a case over discrimination on grounds of gender, etc. in Ireland. I found it a “pity” that any woman would have to take a case in an Irish third level institution which one might suppose would be more enlightened an employer than other firms. Whether the complainant wins (or not), it is sad that someone would be driven to take a case like that.

    In my post (above), I also referred to another case (involving a former lecturer of mine) and I remarked how institutional power is stacked against complainants in academia, and this comparison is the basis for my smypathy with the publicly reported outcome of Dr Gree’s case. There are other unsuccessful cases by female academics, and so I have great sympathy for those women who have also tried to seek their rights. That was the basis and context of my comment, pure and simple, and it is not really helpful to suggest my view is invalid because I wasn’t there and didn’t know the internal working of the AIT. As someone who would like to working academia, I would like to see a more egalitarian and ethical workplace, where people cannot seek to misuse their position or power over others.

    It really goes without saying that I have ,of course, no knowledge of ‘internal’ disputes or the AIT politics stuff, etc. How could I? I am not an insider and don’t recall ever being in Athlone.

    You do appear to claim some insider knowledge,but I am not sure that this is helpful. MP already arranged for Dr McElwee to comment personally on the case (on this blog after the case is concluded). So I don’t really understand your motive for commmenting in such an angry way about ‘balance’ because MP’s readers will get to hear from the ‘horse’s mouth’ in due course. MP has been more than judicious in reporting the case, and was generous to offer McElwee a right of reply in an ethical way.

  • Dan Sullivan

    “My comment was made in light of how difficult it is to win a case over discrimination on grounds of gender, etc. in Ireland. I found it a “pity? that any woman would have to take a case in an Irish third level institution which one might suppose would be more enlightened an employer than other firms. Whether the complainant wins (or not), it is sad that someone would be driven to take a case like that.

    … There are other unsuccessful cases by female academics, and so I have great sympathy for those women who have also tried to seek their rights. That was the basis and context of my comment, pure and simple, and it is not really helpful to suggest my view is invalid because I wasn’t there and didn’t know the internal working of the AIT. As someone who would like to working academia, I would like to see a more egalitarian and ethical workplace, where people cannot seek to misuse their position or power over others. ”

    Sean R, it is entirely possible that some of the cases taken were actually without merit. Just because there is high failure rate for such cases does not mean that all the unsuccessful ones were valid but unfairly judged, we can’t know one way or the other from the rate of success or failure. It is also possible that you’re correct but making an argument based on the fact that many cases fail isn’t of much assistance to your cause.

  • Niall McElwee

    Mamam Poulet has indeed offered me right to reply and I am thankful for that. I confess I was entirely inexperienced of the blogging phenomenon until this summer.

    I, Like SeanR, would have liked third level Colleges here in Ireland to be ‘nurturing environments’ for both sexes, but that was certainly not my experience in the area of social care/child and youth care from my first week of employment as a Contract Lecturer way back in 1992 when I had a rude awakening to the reality of College inter-staff politics. I will return to this issue again when I comment on the Devine Report as there are several connecting strands.

    With regard to SeanR’s comments above, suffice for the moment to say that parties who continually wish to use public fora to advance their position (as was the case this summer) cannot complain when they lose a case which is then reported.

    I might add for the record (Irish Times 15.12.2007) that one of Dr. McGree’s complaints seems to have been that the Centre for Child & Youth Care Learning did/does not exist. In fact, the Centre had local, regional, national and international membership at various levels. Athlone Institute of Technology has a data base to confirm this should anyone be interested. Finally, the evening the Centre was publicly launched in 2003, an international fellowship of it was awarded, a scroll presented, photos taken with the Institute Director etc etc – and all reported on…This is fact.

  • Bock the Robber

    I think even Niall McElwee is well aware how much of a fool he made of himself in Amsterdam, but the witch-hunt that followed was out of all proportion to the transgression.

    As I recall, there was extensive reporting of previous complaints against him by co-workers, and some of the papers spun these reports in a very nasty manner.

    One complaint by a colleague concerned the content of his course material: the complainant personally found it offensive (in much the same way they might be very offended by the material on this site or mine, without being entitled to close either of us down). Another complaint concerned an accusation of bullying against him: likewise not substantiated. Eventually, three of his colleagues even felt entitled to write to the Minister complaining about the speed of his promotion.

    None of the complaints were ever upheld, and this latest one seems to be yet another instance of such a complaint.

    I would imagine that when details of his drunken cavorting surfaced, it must have seemed like a gift from Heaven to certain people.

    Like you, Suzie, I put up a post at the time that attracted a large amount of traffic, and I’ll also be covering the report once it’s issued. There’s something very ugly about all this and – whatever I might feel about Niall McElwee – I don’t like the Star Chamber mentality that seems to be emerging in certain quarters.

    Who will they choose to be offended by next week?

  • Emer

    As a past student of Dr Mc Elwees I would like to convey my support to him during this difficult time. As I am priviledged to know Dr Mc Elwee personally I dont have to read such articles to learn about the events of the Summer. I am also aware that we are all human and feel the importance to support one another during such testing times.

    Dr Mc Elwee has brought so much of himself both personally and professionally to this area I await his new horizons.

  • Mary

    I am a mother in my 60 ‘s and retired so therefore I have alot of time to read papers and look at TV. I have read one article on Dr Niall McElwee, but have chosen not to read more than one.

    For such an intelligent, courteous, gentle, humble, kind human being it is my opinion that any Institute would benefit greatly to have him as a Director in any educational area.

    I have only one comment to make on this whole issue
    ‘If our sins were written on our forehead then no one could talk about anyone elses sin’.

  • suzybie

    In the interests of balance I note that Emer and Mary share the same IP address, surname and also for some reason use the Equality Tribunal as their website when registering their comment.

  • Emer

    Apologies this website address attached accidentially.

  • SeanR

    Are Emer and Mary serious? Both women take what Potter & Wetherell’s study on discourse analysis refer to as a ‘default setting’, where they respectively claim (and I’m glossing here) how we’re all tested by our lived experience in some way but we are all human and sinners, and so on. It is still a political comment. Nobody is contesting that Dr McElwee isn’t human and isn’t being tested by events. But neither of you seem concerned by events that actually led to an investigation. There is not a “sinner” being tried over the new media. That is a crucial point about blog debates too, and it is important to note this; I do note how Dr McElwee commented not having been au fait with such debates for instance.

    This is not the Star Chamber (which was controlled by the absolute monarch who judged him own personal offence). Rather, the nature of politics and the public sphere has changed significantly and we see something very different to the (even relatively recent) past. Various injustices, scandals, and so on, rapidly find their ways onto the media (e.g Lynn, breast cancer, institutional abuse, etc, etc.), people are now free to know about these issues, to comment on them (instead of whispering in corners). [When Goldenbridge emerged, I recall overhearing on a 123 bus two 50something women commenting how everyone knew about it "but sure what could you do...".] People who are implicated in disputes [and let's take Bertie as the example instead here] adopt a different strategy. Whereas Haughey had the power to keep a lid on his doings, bertie has had to duck and weave, and try to deflect blame because he does not actually have the power to suppress the discourse. The power is shifting because we are more sceptical, judgmental and able to talk back. While it is messy, contradictory, and so on, it is a more healthy debate that the multiple silences that constrained social and moral life in Ireland.

  • AlexiaBlogs » Blog Archive » Red Links 19/12/07

    [...] Suzy is writing some cracking posts on the Micheal Lynn case and the state of Irish academia. Too many to just cherrypick a single post. [...]

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