[Alumni-chat] AB response to webinar

[Sistersara at aol.com]

In a message dated 8/17/2007 11:35:30 A.M. Central Daylight Time,  
alumni-chat_forum at antiochians.org writes:

The  faculty lawsuit does not ask for damages, it asks for injunctive relief 
and  saying that is why they are not going to release their financials implies 
 directly that evidence of mismanagement will reasonably be inferred by a 
judge  and jury. I know this is a standard reaction to a lawsuit but it just 
proves  they are reactining like a typical corporation rather than one inspired by 
a  mission.



Well, in order to get to a Jury Trial, (about the truth of facts and  
inferences based on such facts,) there are many hoops to jump through, and one  of 
those will be standing.  I doubt if Faculty and Staff have any  standing at all 
except for torts or damages to them collectively and  individually as a 
particular class of individuals impacted by the BoT  decision.  Can you find in Ohio 
Case Law any example where an organization  or business that has essentially 
declared bankruptcy has been ordered by a court  to continue operations for 
the welfare of anyone?  Can you find anything in  the Ohio Codes of Legislative 
Law that says this? -- no.  Ohio Law as with  other state's laws,  understands 
Boards of Directors or Trustees as having  a profound fiduciary 
responsibility to protect property assets of the  corporations, for profit and non-profit, 
for which they are responsible -- and  these laws thus empower such Boards to 
take actions to that end.  
 
We have large arguments in American Political History about what is called  
"American Exceptionalism" -- and how ideas stemming from such a belief  
frequently impact how we think about US actions and policy vis a vis the rest of  the 
world.  Perhaps there is an equally troublesome belief in something  called 
Antioch Exceptionalism,  that leads to beliefs that somehow we have  a mission 
that is outside normal non-profit corporate law.  Yes -- the  college does 
have a precious mission -- but among other things, it does not  overturn the laws 
of Ohio or the laws of gravity.  
 
 



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