The testimony below sheds light on another lie by Groth while she was attempting to manufacture evidence against me.
  
______________________

ATHLETIC DIRECTOR GROTH TESTIFIED:

Q            Was - - now . . . was any opportunity given to Terri to talk to NAME REDACTED?

GROTH:    No. I made that decision.  She asked. I told her I’d set it up, but after discussing it with other people, and trying to determine what the benefit of that meeting would be, I decided not to, and NAME REDACTED, at the same time, didn’t want - - to have a conversation with her.



NAME REDACTED TESTIFIED:

Q            Do you know if Terri was trying to get a meeting with you about this matter?

NR:         Me?

Q            Yes.

NR:         Not to my knowledge.

Q            Ms. Groth never told you that?

NR:         No.

The following is testimony from a current University of Nevada, Reno professor.  He is testifying about another UNR professor falsifying her academic credentials, including fraud and forgery of her dissertation.


A   So now we have a person on our faculty. We now know we have this person who has committed fraud and forgery, and she is teaching undergraduate students, has been for years, and she is high and mighty to them about ethics and cheating and you've gotta do everything right because this is how it's done in the real world . . .

A   So I wrote a letter of protest about that, because that's a violation of all kinds of internal department policies and rules and procedures. They're all over the code.

I sent that to President Glick; never got a reply.

Q   So President Glick, in your opinion, would it be safe to say, he does not care if these professors are defrauding their qualifications to their customer base, so to speak?

A   This proves that statement to be true.


- Excerpts from the transcript of the hearing on public corruption at the University of Nevada, Reno.

On May 14, 2008, three citizens filed a Petition to convene a grand jury investigation of public corruption at the University of Nevada, Reno.  The affidavits and complaint exceed 1700 pages.

Judge Connie Steinheimer issued an order on December 10, 2009, granting the Petition in part.  The Judge filed her findings in support of the grand jury petition under seal to protect the secrecy of the grand jury proceedings.

In her ruling, Judge Steinheimer found that "Petitioners have met their burden as to reasonable evidence existing to refer some matters to the grand jury for investigation.  The specifics of those matters have been addressed in the sealed order filed contemporaneously with this public decision."

Petitioners brought forward a large number of allegations and a fraction of them were dismissed by Judge Steinheimer. For many of the allegations that were dismissed the Judge argued the statute of limitations had expired, rather than lack of evidence.

The Petitioners plan to appeal the dismissal of these allegations to the Nevada Supreme Court.

For more information see www.unrgrandjury.com.

Despite my repeated requests, the UNR administration, UNR General Counsel’s Office, NSHE Board of Regents, NSHE Chancellor, and NSHE Chief Counsel’s Office could not provide any NSHE Code or any law that allows President Milton Glick to ban a citizen from the public campus.

Therefore, it is evident that President Glick has repeatedly violated NRS 197.200 and the NSHE Code with his clear abuse of authority.

NRS 197.200  Oppression Under Color Of Office.

      1.  An officer . . .who unlawfully and maliciously, under pretense or color of official authority:

      (d) Does any act whereby another person is injured in his person, property or rights commits oppression.

      An officer or person committing oppression shall be punished a category D felony or gross misdemeanor.

Athletic Director Cary Groth to me: "You are a great, great coach. Nobody can deny that. I just need to move on. I looked in your personnel file. There was nothing to use against you." 

I responded, "This has whistleblower lawsuit written all over it."

Groth replied, "I know."


I guess it is pretty clear why the university lawyers had to falsify my personnel files.  My annual 
"commendable" personnel evaluations were problematic for them.

We've seen examples of faculty and staff, coaches, police officers, and citizens who have evidence of criminal violations and they've suffered massive retaliation at the hands of the whole University of Nevada, Reno retaliation apparatus that protects the upper-level administrators.

The retaliation apparatus involves President Milton Glick's private police force, the UNRPD.  It also involves the human resources and affirmative action offices.

Affirmative action is designed to protect the faculty, staff and students.  But at UNR it's turned around and used as a tool for harassment by conducting secret investigations of whistleblowers.

You've seen evidence that the president's office and the attorneys working for the president's office have actually intimidated the local media to make sure that they're really just a mouthpiece for the university administration and won't print most of the allegations that come forth from whistleblowers.

Other parts of the protection and retaliation apparatus are the general counsel's office (led by Mary Dugan).  And that office is housed within the president's office.  Therefore, everything that they do has the explicit recognition and approval of the upper administration.

What is all this trying to protect?  It's trying to protect widespread abuses of the law involving financial crimes, athletic department crimes, police department crimes, EEO crimes, legal counsel crimes, and the whole UNR abuse of power. 
 

UNR's message to faculty, staff, students and the public:  If you challenge our power, we will threaten, intimidate, harass, demote, fire, sue and sanction you, and we'll get the taxpayers to pay for it.

I'm sure that when you first heard us say this or first read our documents you thought this was a pretty outrageous claim: UNR as a RICO operation.  We submit to you that we have described and presented evidence that meets all 11 elements of the FBI RICO criteria.

- Excerpts from the transcript of the hearing on public corruption at the University of Nevada, Reno.

Links to all 5 of my blogs are in the left hand column.  Blogs #1 and #2 are frequently updated.

PRESENTER:  That's our first item that we want to bring to your attention, the allegation that there have been and there has been a long history of preferential contracts awarded, in some cases no-bid situations, to Gardener Engineering.

THE WITNESS: I retrieved this document through a Freedom of Information Act at the University of Nevada, Reno.  I acquired approximately 3,000 documents.

One of the documents that stood out was this handwritten 9:00 a.m. conference call between the facilities maintenance staff.

And what it basically says is that -- and line, I think it's 12, the one with the arrow pointing at it, says: "By doing things this way at least it looks like a legitimate bid."

And then the other one, which is much worse, says: "Maybe other contractors will recognize this for what it is and not bid it."

This verified the conclusion of the Legislative Audit Report that said that Mr. Gardner had been receiving preferential treatment at the University of Nevada, Reno, through Vice President Buzz Nelson for approximately 20 years.

PRESENTER: . . . we want to draw your attention now to that Legislative Audit Report.

THE WITNESS:  "Due to misinterpretations of law, violations of policies, opportunities to use convenient financing methods, many of these projects were not awarded through a competitive bidding process."

It goes on to say that "a total of 14 energy retrofit contracts totaling $8.2 million with Sierra Pacific Power, none of the contracts were awarded based on a competitive bidding process."

- Excerpts from the transcript of the hearing on public corruption at the University of Nevada, Reno.

Links to all 5 of my blogs are in the left hand column.  Blogs #1 and #2 are frequently updated.

I found this October 30, 2009 ESPN article about a student-athlete lying to the NCAA most interesting.

Here are some important comments in the article from Stacey Osburn of the NCAA:

"Our members have clearly spoken on the importance of honesty in athletics and expect all student-athletes and administrators to follow the principals of ethical conduct."

"These rules are in place to ensure integrity in the investigative process, and by extension to ensure a level playing field."

"NCAA rules are applied equally to all individuals regardless of national prominence or level of athletic ability." 


At the University of Nevada, Reno, however, President Milton Glick just rewarded Athletic Director Cary Groth with a 3-year contract extension despite his knowledge that Groth has been exposed for lying under oath (a felony) several times about numerous issues including those related to the NCAA.  

Groth has also been caught falsifying evidence and falsifying public documents . . . and of course she has the university under an ongoing investigation by the NCAA.  She also admitted that she retaliated against me.

Rich Merritt, the former men's golf coach, was retained by Glick and Groth after he was caught lying, cheating, and jeopardizing the eligibility and welfare of his student-athletes.

We will find out soon enough (upon completion of the UNR-NCAA investigation) if Osburn's statements are true, that the NCAA applies its' rules equally to all students, coaches, and administrators.


Make sure you check blog #2 for a great photo taken by Debra Reid of the Sparks Tribune.

Links to all 5 of my blogs are in the left hand column.

This is one of many, many, many examples of perjury by Athletic Director Cary Groth: 

•         General Counsel Mary Dugan:

         - "Patraw refused the contract offer made to her by AD Groth on August 22, 2007"

•         VP Human Resources:

         - "It is clear to me Groth had offered Patraw a contract"

         - "Groth did mention that there had been a new contract offer to Patraw"

•         Vice-Provost Janet Vreeland

         - "Well, they made Patraw an offer.  I was told she rejected it"

•         An Athletic Director at another University:

         - "I spoke to Groth . . . She stated she offered you a contract  and you turned it down" 

Here is Groth's testimony under oath in a deposition:

            QUESTION:    Had the August 2007 contract been extended to Patraw?

            GROTH:         No

Liar, Liar!  Groth knew that terminating someone a few days after offering them a multi-year contract and raise is irrational and retaliatory.  She lied under oath to conceal her retaliation. 

Also, the whistleblower decision was remanded after evidence of perjury, falsification of evidence, and concealment of documents by Athletic Director Groth was presented on appeal. 

Perjury is a category D felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years.

- Excerpts from the transcript of the hearing on public corruption at the University of Nevada, Reno.

The Nevada State Law Enforcement Officers Association contends that the university administration has done everything possible to protect their fellow administrator, Police Chief Garcia, and by doing so have caused the continuing problems at the University of Nevada, Reno.  The NSLEOA is calling for Governor Gibbons to place operational control of the UNR police department under the Nevada Department of Public Safety as it should be and not under the control of vice president of finance at UNR.

Here is an email from a former UNR employee to Groth:
       
Can you remind me again what that email I need to say to you needs to have in it?
     
Forty-three (43) minutes later, at the direction of Groth, an email arrives from this former employee with Groth's manufactured evidence.  
                                 *                                *                                   *

Discovery in litigation leads to a review of the most interesting email communications . . .  more on the significance of this particular email at a later date.  

Did you know it is a felony to falsify evidence?  Yes, Cary Groth committed yet another felony on the job. Groth engaged in this illegal activity through her UNR email account.

Why did this former employee take part in this criminal activity?  Because he too was guilty of misconduct on the job and therefore conspired with Groth to cover it up.

A couple of real upstanding role models in positions of influence over young impressionable student-athletes.

Terri,

Every Nevada Taxpayer owes you and your fellow petitioners our thanks.

The self proclaimed fourth branch of NV government covers things up because they are not held accountable to a higher authority.

Well you and your co-petitioners have put a stop to that by bringing your case to the higher authority that can put a stop to this corruption, the Nevada Taxpayer.

The NV Supreme Court ruled correctly and I truly believe the District Court will impanel a Grand Jury.

If the Court does not rule in our favor I stand ready to bring your/our case(s) directly to the public and if need, back to the Supreme Court.

I will make myself available to your citizens committee and the Grand Jury.

WHO SAID YOU CAN'T FIGHT CITY HALL OR THE NSHE!

Some quick random points from the hearing . . .

The University of Nevada, Reno is involved in organized crime and has committed fraud, misappropriated public funds, and abused its power and should be investigated by a special grand jury, a professor testified Thursday in Washoe District Court.

University President Milton Glick "has his own private police force paid for by the citizens of Nevada . . .

When told of violations of laws, instead of cleaning it up, UNR covers it up, and the whistle-blower is attacked." 

UNR officials have continually ignored evidence of fraud, forgery and violations of the law, according to testimony Friday, and instead of investigating the claims, they harassed, fired or launched personal attacks against those reporting the alleged wrongdoing.

Witnesses alleged a vast criminal conspiracy at UNR, including the embezzlement of millions of dollars, intimidation by UNR officials, bribery, extortion, abuse of power and the use of the UNR Police Department as a "private police force."

University of Nevada, Reno President Milton Glick is asking the Board of Regents to award Athletic Director Cary Groth a 3 – year contract extension on September 17, 2009 at their public meeting.  Groth’s current contract expires on June 30, 2010.

Glick is doing this in the middle of an NCAA investigation.

Glick is doing this with full knowledge that my whistleblower hearing was remanded after evidence of perjury, a false affidavit, and concealment of documents by GROTH!

Glick is asking the Regents to do this on the same day that an evidentiary hearing on UNR public corruption is going to be held.

Glick and Groth are both implicated in this public corruption hearing and Glick knows we have direct evidence of criminal activity by Groth.

Any more questions on "institutional control" at UNR?

            See my August 31, 2009 Letter to Chancellor Klaich


Having experienced UNR General Counsel Mary Dugan's and lawyer Kent Robison's lack of judicial ethics first-hand it is not surprising that they are trying to create one-side rules to silence me. 

In response to the letter I wrote to UNR President Milton Glick in my 8/21/2009 post below, a letter was received from NSHE System Counsel Bart Patterson "requesting" all communications regarding this campus ban issue go through legal counsel.

Here was my response to President Glick regarding Patterson's letter:

           *                                                       *                                                     *

President Glick:

Bart Patterson sent a letter to my attorney asking that communication regarding your illegal and retaliatory campus ban be done through attorneys.  Patterson failed to recognize that I had unsuccessfully tried this route as noted in the attachment to my previous letter to the Regents:

Link:   Falsification of Evidence

As noted there, on November 24, 2008 my lawyer wrote to UNR Assistant General Counsel Charles Hilsabeck regarding this exact issue.  Hilsabeck failed to respond to my attorney.

More specifically, however, you wrote me two separate letters banning me from campus without going through attorneys.  Both letters were written after I had filed a lawsuit and we were all represented by counsel.  Thus Patterson’s argument is meritless.

It was you who wrote the letters, signed the letters, and directed the UNRPD to deliver the letters to my home well outside the UNRPD’s jurisdiction…waking me up in the middle of the night.  So for you to suddenly hide behind legal counsel is disingenous. 

Further, retaining a lawyer does not deny me my First Amendment right to free speech. It appears that someone is trying to do just that by ensuring that my communications regarding this illegal ban and other corruption on the UNR campus are concealed from the Regents.

I will await a response from you and only you affirming the release of this campus ban no later than Wednesday, August 26, 2009.

Should you not release my ban by this date I will be forced to forward all correspondence and evidence regarding this issue to those with the ability to cultivate change. Should a lawyer write again on your behalf I will move forward immediately with the release of this information. I have been more than patient on this matter despite your illegal conduct.

You have no authority by law or NSHE code to ban me from campus. That is clear from all communications from both sides on this matter.

          *                                                       *                                                     *

Or so the saying goes . . . but unfortunately for the Defense team I am not one of them . . .

I just heard the judge hit me with an order to pay the Defense team's legal fees. 

Of course he did!  His order is filled with legal and evidentiary errors that is going to be reviewed by the Nevada Supreme Court.

He has to try to convince me to settle this case to save him from negative exposure. 

Here are my comments on the matter:


*  The merits of my case are exceptionally strong.  I am 100% confident that the Nevada Supreme Court will reverse Judge Flanagan’s order.

*  The attorney fees will be an irrelevant issue once his order dismissing my case is reversed.

*  This is nothing but a calculated ploy to weaken me to settle.

*  Athletic Director Cary Groth admitted she terminated me for my Title IX reports.  The Judge ignored this direct evidence. 

*  The remainder of the Judge's order is equally contrary to the evidence that was before him.

*  UNR lawyers falsified my personnel evaluations (see 8/1/2009 post below).  The Judge knew this too and did not care . . . I do not make this stuff up.

*  The Judge has a conflict of interest in this case and I expected nothing less from him in this ruling.
 
*  We have attempted to seek his recusal but he has refused.  He has failed to follow the law requiring him to file an affidavit confirming or denying our allegations of bias.

* I never submitted a resignation!  And UNR never presented any evidence that I did!  So why would the Judge say I did when there is no such evidence?  Hmmmmmmmm . . .

* Oh, I do not owe my attorney any money in attorneys fees either.  Why all the lies in the Reno Gazette Journal?  Are they protecting their "friends"?


                  I look forward to justice being served by the Nevada Supreme Court.