Wednesday, December 2, 2020

Professor Shoots Back at Shad

 Attorney Rob McDuff of the Mississippi Center for Justice issued the following statement.

STATEMENT OF ROB MCDUFF OF THE MISSISSIPPI CENTER FOR JUSTICE, ATTORNEY FOR PROFESSOR JAMES M. THOMAS, IN RESPONSE TO THE AUDITOR’S DECEMBER 1, 2020 DEMAND THAT PROFESSOR THOMAS REIMBURSE THE STATE FOR TWO DAYS’ SALARY

Because of the pandemic and students varied schedules, Professor Thomas was not teaching specific classes on specific days last fall, but instead provided students with weekly lesson plans that included lectures he had recorded, reading assignments, quizzes, multimedia content, and other materials. While he joined college professors from around the country in a two day #ScholarStrike to call attention to racism and injustice, he worked the prior weekend and the Labor Day holiday to prepare the lesson plans. During the two-day call to action, Professor Thomas also worked toward finishing a manuscript for publication. He missed no classes and was available to students both before and after the strike, as he is most weekdays, evenings, and weekends. 

Professor Thomas’s actions did not violate any law and he does not owe the State any money. If the Auditor wants to pay him extra for the personal days he has not used, the weekends and holidays he has worked over the years, including those he worked preparing the lesson plan that week, then maybe we can talk about whether he should pay any money because of his participation in the #ScholarStrike. Professor Thomas is a good teacher who works hard for his students and who earns his salary. 

For ease of reference, what follows is the prior statement I issued for Professor Thomas on September 25, 2020.

In a letter sent to the Chancellor of the University of the Mississippi on September 14, State Auditor Shad White accused Professor James M. Thomas of participating in an illegal strike under Mississippi Code Section 37-9-75(2) when he joined college professors from around the country in a two-day #ScholarStrike to call attention to racism and injustice in this country.  However, the plain language of that statute makes it clear that Professor Thomas did not violate it.  Moreover, contrary to the implication of the letter, Professor Thomas fulfilled his duties as a tenured faculty member at the University during that week as he does throughout the year.

The Auditor’s letter claims that “[s]trikes are illegal in Mississippi” and “[t]he University should . . .  proceed to court” to seek Professor Thomas’s termination for violating that law.  Despite quoting several portions of that law, the Auditor studiously avoided quoting the key provision stating that any work stoppage is a “strike” only if it is “for the purpose of inducing, influencing or coercing a change in the conditions, compensation, rights, privileges or obligations of public employment.”

Professor Thomas did not join the #ScholarStrike to change his working conditions or increase his compensation. Instead, he did it as part of the national effort to highlight and combat racism and injustice.  His actions clearly did not violate this law.  Unfortunately, the Auditor, in this letter and in many public statements, interviews, and social media posts about Professor Thomas since, has failed even to mention this particular provision of the law.  Instead, without justification, he has continued to claim that Professor Thomas’s actions were illegal under that law. 

Because Professor Thomas plainly did not violate this law, there is no justification for the Auditor’s investigation and there never was one.

Professor Thomas is an accomplished scholar with a good reputation as a teacher.  During the COVID-19 pandemic, he is teaching his classes remotely.  Because of the varied scheduling challenges that the pandemic poses for some students, Professor Thomas has chosen to provide them in advance with weekly lesson plans that consist of a combination of readings, videos of his own lectures that he has specifically recorded for the classes, other multimedia content, and assessments in the form of writing prompts, quizzes, data exercises, and discussion board participation.  The plans allow students to work in a way that makes the most sense for them in light of their individual schedules as long as they finish the work by the end of the week.  For each lesson plan, Professor Thomas spends a significant amount of time reviewing course readings, preparing lectures, reviewing multimedia content, and constructing thoughtful discussion questions, assessments and assignments.  He estimates that this is taking more time than the extensive preparation he did for in-person classes prior to the pandemic.

The two-day #ScholarsStrike occurred on a Tuesday and Wednesday when his students already had their lesson plan for the week and could work on it as they did every week, by reading the materials, viewing Professor Thomas’s lectures, and doing the other assignments that he had included.  Moreover, on the Monday of that week, which was Labor Day, and the prior weekend, Professor Thomas responded to several emails from his students, including questions about course materials, content, and assignments.  Moreover, as part of his academic duties, Professor Thomas worked the Labor Day holiday on the research and writing for a scholarly and continued to work on it that Tuesday and Wednesday. 

Professor Thomas met his responsibilities as a teacher that week just as he does every week.  The plain language of the law makes it clear that he did not violate it.   Only by ignoring the key provision of the law has the Auditor been able to make his unfair accusation of illegal conduct by Professor Thomas.  But since Professor Thomas did not act in violation of this law, there is no lawful basis for this investigation.##

Mississippi Center for Justice is a nonprofit, public interest law firm committed to advancing racial and economic justice. Supported and staffed by attorneys and other professionals, the Center develops and pursues strategies to combat discrimination and poverty statewide.

 

 

 

52 comments:

Anonymous said...

Professor Idiot should pay his fine and capitalize off it.

Anonymous said...

It looks like this has been talked out, and it's time for a court to decide whether this was actually a "strike" within the meaning of the law prohibiting strikes.

Anonymous said...

Did the professor stop work or not? Did the professor get paid during his work stoppage? If so, give the money back. You can’t break the law because you are a liberal, despite what democrats try to get away with.

Anonymous said...

Shad realizes the strike law applies to certified teachers in school districts, right?

Seems like a stupid fight to pick from a junior official looking to make his bones.

https://law.justia.com/codes/mississippi/2013/title-37/chapter-9/in-general/section-37-9-75/

Albert Schweitzer said...


Shad White seems to have done more to point the government of this state in the right direction; has uncovered graft and theft and thereby given those in government much needed impetus to clean up their acts.

Here is a quote from this group: Professor Thomas worked the Labor Day holiday on the research and writing for a scholarly and continued to work on it that Tuesday and Wednesday.

Their own press release is written in damn poor english-a scholarly WHAT? You vacuous goofballs need to write better.

And the actions of this "professor" seem to speak for themselves; he seems more a navel-gazing scofflaw than some ivory tower philosopher.

I for one hope Mr. White keeps going with even more strength. We need him badly. Navel gazers are easy to come by, Mr. White actually does something good.

Anonymous said...

Professor needs to write his check...he will lose this.

Anonymous said...

Maybe this dork “professor” can get a real job and learn what a strike is.

Anonymous said...

He is obviously a Cliton, Nobama, and Biden voter.

Anonymous said...

This and other recent matters spearheaded by Shad White and his office will not end well for the Auditor. Shad’s office has shown a tendency to overlook evidence or they simply do not realize what they have on various matters. His tendency to try all of his “investigations” in the public forum while arguing back and forth with people on social media is telling. He’s stepped off into a mine field of his own creation and he doesn’t even know it. Or, his ego has him blinded to actual facts. Either way, I think some folks are going to hammer him very soon.

Anonymous said...

7:36 - I disagree; I don't think people will hammer him. Taxpayers are tired of thievery of all types in state government regardless of type. Yes, he does publicize the issues he attacks, but I would imagine that has served as a deterrent for would-be thieves.

Anonymous said...

The attorney states, "If the Auditor wants to pay him extra for the personal days he has not used, the weekends and holidays he has worked over the years, including those he worked preparing the lesson plan that week, then maybe we can talk about whether he should pay any money because of his participation in the #ScholarStrike." If the Prof has to work weekends and holidays over the years to try and keep up then perhaps he needs to find another profession since he can't keep up during regular working hours.

Anonymous said...

Do all of these liberal indoctrinators, errr "professors", have some jive ass attorney connected to some coalition, union or other suave name for shit stirrer ready to jump after the make some bad decision in the name of being liberal or progressive?

Anonymous said...

When is a cat not a cat? Schrod...(poof)...

Leroy the interwebz guy said...

Mississippi center for justice that's funny right there, I don't care who you are.

Anonymous said...

So the guys isn't just a lazy POS, now he is a liar too?

Anonymous said...

Ya'll listen to 7:36 they know everything about everything, or not.

Anonymous said...

Attorney doing what attorney's do. Must be hard to deal with crooks and liars all day long.

Anonymous said...

Reply to 7:36 AM
Shad White has recovered millions of dollars for the state by all the investigating of corruption in Mississippi.
This saves you & me from having to pay MORE taxes to the state. Enough said.

Anonymous said...

@8:10 Shad will get hammered when certain truths are exposed, and he is proven wrong. Many on this site take Shad's "findings" as the gospel. I think he likes to craft a public narrative that supports the story he personally wants told and believed.

I do agree that folks are sick of dishonesty and the like, and those responsible need to be held to account. However, I believe Shad has made some critical mistakes that will come back to bite him.

Anonymous said...

No offense Kingfish, but Shad seems to be pulling from the Huey Long story mixed in with some Hollywood. "Nail 'em up". The masses love this stuff.

Anonymous said...

@8:53 Good Morning, Shad.

Anonymous said...

Thomas is a narcissist

Anonymous said...

The one thing that will ruin a day more than a "60 Minutes" investigative camera crew walking up to you is meeting Rob McDuff in any legal controversy. Mr. White is outmatched and simply wrong on his interpretation of the law in this case and others. McDuff will show him that might does not mean right. I don't care, politically or otherwise, about the outcome of this case. I do care about the waste of taxpayers' dollars over two days' salary when county clerks from small towns are embezzling much needed public funds each day. There's a duty to exercise prosecutorial discretion and not attempt to make a political statement through your elected office.

Anonymous said...

"hard to deal with crooks and liars all day long" not when you're one of the gang.

Anonymous said...

9:04 —

>>Shad will get hammered when certain truths are exposed, and he is proven wrong. Many on this site take Shad's "findings" as the gospel. I think he likes to craft a public narrative that supports the story he personally wants told and believed. <<

Care to elaborate and give specific examples?

Anonymous said...

So, “#ScholarStrike” ≠ a strike? Well what in the world was it, and what was Thomas actually doing on Tuesday and Wednesday? By McDuff’s own admission (or omission), Thomas was not doing anything whatsoever related to teaching those days. And in what world does the work of another (the students’ purported reading/studying on Tues and Wed.) count as one’s own work (Thomas’)? If it looks, sounds, smells, talks, acts, and is even proclaimed to be a “strike”, then it probably is.
Or, is Thomas just another liar attempting to socially engineer the world to his intolerant views who pandered to his cohorts that he was “on strike” to draw attention to himself when in fact he was not? If that is the case then he personally needs to come out and admit to the world that he lied and that he actually did not participate in the “#ScholarStrike” but rather he worked hard in academia “on research and writing” in furtherance of his University of Mississippi Professorship duties and obligations (as McDuff claims) on Tuesday and Wednesday and actually ignored the strike while deceptively proclaiming to participate in it.
He either participated in the strike or he lied and didn’t. Frankly, I don’t care which, but he just can’t have it both ways. Thomas is either a striker or a liar.

Anonymous said...

The Internet troll professor and Napoleon complex auditor are perfect for each other. They love this and they love the fact we are reading about it on the regular.

Anonymous said...

Did we ever figure out if this Beta ever stuck his fingers in someone's salad(real salad like his tweet said, not metaphoric salad)? Or was he just another blowhard on Twitter?

Anonymous said...

Laughs in Brett Favre

Anonymous said...

According to the statement, participating in a "strike" "for the purpose of inducing, influencing or coercing a change in the conditions, compensation, rights, privileges or obligations of public employment" constitutes an offense. According to the statement, the professor participated in the "ScholarStrike" "as part of the national effort to highlight and combat racism and injustice." In other words, to influence a change to/in certain conditions of society as a whole, which would thereby change conditions of all employment, public and private. Moreover, assuming the law is accurately quoted, it does not even require that the change being sought would have a direct material change to the "public employment" of the striker himself.

I would also suggest that participating in something called a "strike" is prima facie evidence of participating in a strike and claiming that your doing so was merely to influence change is not particularly strong rebuttal evidence. I'd also suggest that volunteering to work does not build up credits allowing illegal activity via a tortured quantum meruit argument and such an argument is even more tortured when applied to a salaried employee's alleged conduct.

It appears that the professor did not fully consider the potential consequences of his conduct before he acted and doesn't like the prospect of facing them now. Life often teaches hard lessons.

Anonymous said...

Shad will find out the hard way that the new protesters and their movements are nothing like the old civil rights movement who were willing to sacrifice their jobs, money, time, and even their lives for the cause of freedom. These guys intend to give up nothing and win everything. Modern protest.

And they've got the lawyers to back it up.

Anonymous said...

I'm reminded of an old saying that is pertinent to this situation. "Those that can, do. Those that can't, teach". While this doesn't apply to all teachers, it does apply to this guy. Is he part of "The Flagship" Ole Miss fans like to talk about? If so, they are fitting the mold of being a liberal arts college perfectly.

Anonymous said...

Was he supposed to be available to his students during the time he was on strike? If so, then he didn't do the work expected of him. Doing lesson plans in advance is not teaching the students.

I don't know about you, but if I told my boss "I worked this weekend doing my monthly reports, but I'm refusing to be at the monthly meeting this week to present them like you expect" I guarantee I would be shown the door.

This idiot needs to pay up and learn his lesson.

Anonymous said...

7:17 - The law applies to public employees. Public employees, including teachers, in Mississippi do not have the right to strike (MS Code Sec. 25-1-105, Sec. 37-9-75). It's my understanding the professor is a public employee.

His learned counselor (brings it up, but) is obviously not familiar with the FLSA regulations as relate to the accumulation of comp time by public employees. Unlike private sector employees, public employees are allowed to accumulate comp time but they must keep a record of it, justify it, have it available for inspection and (as with any other leave approval except sick) can only take it when requested and approved in advance by the hiring authority or its representative (supervisor or manager). The man did not say "I'm taking comp time tomorrow". He said, "I'm observing a strike".

The counselor seems to think HE can simply assert that the professor has worked some time on some weekends and maybe even sat up late under the light of a coal-oil lantern pouring over work to be presented in the classroom....and throw that at the wall and expect the state to send the man a check. Obviously neither is familiar with overtime exemptions, comp time for public employees or FLSA in general.

Anonymous said...

"Professor Thomas is an accomplished scholar with a good reputation as a teacher."

Maybe he has a "good" reputation by lawyer standards, but I wouldn't trust him to take out my garbage can.

Anonymous said...

If anything, Shad has caused another meltdown among the leftwing progressives.

Anonymous said...

What in the hell is a “Tortured Quantum Meruit Argument”? When you aren’t smart enough to explain things in simple terms, maybe. Or, written by someone who can’t tie their own shoes.

anonamouse said...

Isn't this the "accomplished scholar" that encouraged others to stick their fingers in a Trump
supporter/conservative's food at a restaurant?

Why is this jerk still employed at UM?

Anonymous said...

He is a great example of the woke generation. Rather than exchange ideas or have a dialogue you agree with us or says harass people while they eat. I would not advise him to put His hands in Jim Bobs Plate he may get the tail kicking of his life

Anonymous said...

The Univ. of MS gave this dude tenure AFTER he did the famous "get up in their face" tweet. The same university that so many Republicans worship. Rather than stop supporting the University, we are focused on this dude's ONE DAY OF WORK that he skipped.

He will win this fight, regardless of any fancy-shmancy statute the auditor pulls out of his SHAD. The 1st Amend. interests are too strong to be held down by some ancient gotcha statute.

If you think a Harvard Law grad really cares about the politics of the Professor, you're wrong.

Anonymous said...

9:48 - Other than celebrating the actions of a liberal indoctrinator of children, please state the basis for your speculation. Thanks.

Oh...Regardless of your thoughts and desires, the first amendment doesn't give employees the right to ignore legal employer policies. If your theory were correct, you'd be OK flying down the interstate doing 94 in protest of the speed limit.

Anonymous said...

If all the courses were online AND we’re not scheduled to meet as a class in real time on those days it’s gonna be hard to show they guy wasn’t doing his job. (Online classes are taught both ways. Some have scheduled class meetings and some don’t.) Much of the work of a college professor can be done whenever they choose. It’s like your preacher who is required to give a sermon in Sunday morning. No one knows or cares what days and hours he prepares the sermon, only that he did prepare and gave a good sermon at the appointed hour. Many professors post ‘office hours’ for students. They have no intention of being in the office 8 hours a day. Students who need to meet with them must schedule a time during the professor’s office hours. This has been standard practice for decades. If the teacher canceled a scheduled class the strike claim could get traction. Otherwise, it seems unlikely.

Anonymous said...

6:30 - What you are either oblivious to or are ignoring is the fact that this whole thing revolves around his documented comments on social media and elsewhere that he was observing a period of strike and would be doing no work.

You're familiar with the term 'confession'?

Anonymous said...

@8:04 is correct. Thomas is in trouble because he CLEARLY STATED that he was on STRIKE and would REFUSING to work. Shad is basically taking Thomas at his word.

Anonymous said...

This dunce of a professor is a publicity hound. He clearly stated he would be and intended to be observing a strike, would strike, would do no work, did strike and struck out. It's too damned late now to claim comp-time, sick time or that he actually did work at home and he was just joking. He's obviously a non-exempt employee; however, his social media posts rise to the top of this situation, like it or not.

Maybe he can claim some student had his password. That oughta work.

Anonymous said...

The professor Tweeted on September 6th, "I have strong feelings about this — if you have tenure, your #ScholarStrike activity needs to be a work stoppage. Tell your students you're not working." He is also alleged to have sent an email to his students telling them he would not be working and would be unavailable on September 8th and 9th. The purpose of the strike was, among other things, to influence (and almost certainly induce) changes in public employees and employment, including but not limited to police departments nationwide, While "coerce" would a point of reasonable debate as an intellectual exercise, at least one of the remaining two prongs is met ("influence") so "coerce" (and even "induce") isn't necessary to the legal analysis.

Rob's statement says, "...the key provision stating that any work stoppage is a 'strike' only if it is 'for the purpose of inducing, influencing or coercing a change in the conditions, compensation, rights, privileges or obligations of public employment.'"

The law does not state that the alleged striker must be seeking a change in their own situation or that some (unspecified) degree of peer or collegial relationship exist, only that the "strike" is for the stated purpose(s). College science profs "striking" to influence a large raise in pay for middle school STEM teachers, air-conditioned cabs for county tractor operators, or every other Wednesday afternoon off for dogcatchers all would be a "strike" under the law.

From their own communications and the news stories back in September, it is clear that the profs involved were well aware that there were career and employment risks in "striking," but apparently Thomas thought tenure was a complete defense/shield from any and all consequences for striking. He fucked up. Maybe he should have called McDuff before he did so. It's really tough to obtain insurance coverage from the scene of the crash.

I don't agree that Thomas has a choice to avoid the issue (and consequences) by claiming that he lied about doing so for "virtue signaling" or any other reason, even if it seems like "poetic justice" to force him to make such a choice. He stated his intent to "strike" and then he stated that he was "on strike." Thomas has the right to make his case that what he did was not a "strike" under the applicable law(s), rules, etc. and that he should suffer no consequences but if he loses reimbursement should be sought and he should be fired.

Anonymous said...

Howdy Doody White needs to focus on his mentor and God, Uncle Phil. If you are sincere about stopping corruption, then you should be after him. Guess we will see. You’ll never be governor!

Anonymous said...

2:36, while mentioning tenure several times, were you aware that he was not granted tenure until after his strike-event...not that it makes any difference one way or another? Whether or not a public employee has tenure or whether tenure even exists is irrelevant.

Anonymous said...

7:36 AM - He was granted tenure after the "disrupting meals" flap, but well before the strike in September, 2020. His own social media posts about tenure and the strike indicate that he mistakenly thought he was immune from any negative consequences because he was tenured. You are correct that tenure isn't an exception to the strike prohibition, which is where Thomas made what appears to be a major career-affecting mistake.

And as an aside, I think it is also a violation to encourage others to strike. If that is correct and depending on the exact wording of the applicable law(s), the Twitter post alone would be grounds for disciplinary action. Based on what I know about it (which isn't a great deal) I'm going to guess that the real goal for McDuff is saving Thomas' job, not saving him from reimbursing for the 2 days. However, the legislature made it clear that striking or even encouraging one was a definite no-no so I think he swinging for the fence.

Anonymous said...

11:01...actually, he's bunting, hoping to connect and beat one out to first. Also, makes zero difference when he was gifted with tenure.

Anonymous said...

" Professor shoots back at Shad"

I don't think Shad has lost any sleep over anything this "professor" shoots.

Anonymous said...

8:04 the point I was making is he isn't required to work those days unless he had a class scheduled then or office hours then. He can call it whatever he whishes. Just as your preacher who is required to deliver on Sunday morning is free to not work on his sermon on Tuesday, Wednesday, and Thursday. The requirement is a good sermon on Sunday. Professors have very few time constraints on their work and lots of flexibility about when they do it. The auditor's complaint is complicated by the China virus and the fact that many college courses are being taught online and without scheduled class meetings.


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