Chapter 58: Hang-ups

January 25, 1982, McKinley, Ohio

"I have a message for Michael Loucks," a young man announced just as biology class ended.

"That's me," I said.

"Dean Parker would like to see you immediately."

"I'll go with you, Mike," Doctor Stanton said.

I had no clue what she could possibly want, but I appreciated Doctor Stanton coming with me. We made our way to the administration building.

"I'm here to see Dean Parker," I said. "I'm Mike Loucks."

"One moment," the young woman at the desk said.

She buzzed the dean and was told to show me in. Doctor Stanton followed me into Dean Parker's office.

"What are you doing here, Doctor Stanton?" Dean Parker asked.

"Ensuring that Mike is treated fairly."

"You've hitched your wagon to the wrong student, Doctor Stanton. Mr. Loucks, you are suspended, effective immediately, pending an expulsion hearing. As a matter of student safety, you are to depart the campus immediately and not return."

I reeled at her words and was unable to speak.

"On what grounds?" Doctor Stanton asked.

I knew what it was before she spoke.

"Mr. Loucks is a rapist, Doctor Stanton. He raped and otherwise abused his little sister for the past ten years, at least."

"What?!" Doctor Stanton gasped.

"I have a letter from the Department of Family Services, as well as statements from two psychiatrists certified by the State on these matters."

"Mike, is this true?"

"No," I said tentatively, but then spoke more forcefully, "it's false. My sister denied it. The prosecutor refused to bring charges, and the Family Court found no grounds to keep Liz out of our house. Six other doctors testified that those psychiatrists are wrong, AND we've filed a malpractice suit against them."

"Your own mother agreed you had raped your sister, Mr. Loucks. Whatever happened with the prosecutor is of no concern to me. I have everything I need to expel you. As I said, you are suspended immediately and barred from campus."

"Dean Parker, Doctor Hart, who works for the school, disagrees with those psychiatrists."

"That's hardly relevant. Here's the letter. Your hearing is on Friday. You may return to campus for the hearing."

"All of my things are in the dorm," I said.

"We'll make arrangements for you to retrieve them. If you attempt to attend class or set foot on campus, I'll have you arrested for trespassing."

"Mike, tell her you are appealing her decision," Doctor Stanton said. "That will put the suspension on hold until the Chancellor reviews the complaint and you get an immediate hearing."

"I appeal your decision, Dean Parker. It's unfounded and false. Where did you get this report?"

"I am not at liberty to say, but it's hardly relevant. I'll arrange for an immediate hearing with the Chancellor."

"Mike, run — don't walk, run — to Doctor Hart's office. And when you are there, call an attorney."

"Will do, Doctor Stanton. Thank you."

"This is the end for you, Stanton. Defending rape and incest? I'll file a formal complaint against you immediately."

He didn't respond and followed me out of the office. I did what he said and made a beeline to Doctor Hart's office. He was busy, but I insisted that the secretary interrupt him and that it was a matter of life and death.

"Mike?" Doctor Hart asked when he came to the front desk.

"Dean Parker is trying to suspend and expel me based on the Family Services report."

"Oh, for the love of ... OK. Did you appeal?"

"Yes. She's arranging for a hearing with the Chancellor. I need to call my attorney."

"Come to my office. I'll finish my phone call later."

I followed him to the office and called Mr. Winston's office. My mom answered, and I quickly explained what I needed. Mr. Winston came on the phone immediately.

"Mike, do NOT say anything until I arrive. Stay where you are, if possible. It'll be about an hour. In the meantime, please give Doctor Hart these phone numbers for Doctor Paulus and Doctor Mercer."

He read them off, and I repeated them back and told him where I was. We said 'goodbye' and hung up.

"Doctor Hart, Mr. Winston wants you to call Doctors Paulus and Mercer. I'm guessing he wants you to get their reports. I'll sign whatever release I need to sign."

He nodded and pulled two release forms from his desk. I filled them out and signed them, then he called both psychologists. He explained he had releases, had me confirm that to them, then asked each of them to provide him a summary of their reports. He took copious notes and ensured they would be available for phone calls for the rest of the day. He promised to send the releases immediately by mail.

"Just stay here until your attorney arrives," he said when the calls were finished. "I'll be able to delay the Chancellor if necessary by saying I'm conducting a psychological evaluation, which is something he might order. I've done one, and I'm satisfied, as were the psychologists and the Family Court judge, that you didn't do this."

"I'm really curious where Dean Parker got the report."

"She wouldn't have access to it, as I understand it. Someone had to send it to her."

I nodded, "That means one of three people — Mrs. Laramy, Doctor Orosco, or Doctor Zeiss. What do you think will happen?"

"There's a good chance they'll suspend you pending an investigation."

"That's going to screw me completely."

"If the suspension is unfounded, you won't lose any credit. Just relax, Mike."

"Easy for you to say," I sighed.

We talked about the other things going on in my life, including my breakup with Nancy, until Mr. Winston arrived.

"Did you have a chance to speak to Doctors Paulus and Mercer?" he asked.

"Yes. I have notes from those conversations, and they're available for phone calls."

"Good. I have the reports they submitted to the court with me, along with the court orders that were issued."

"Let me call the Chancellor's office and see when the hearing will be held," Doctor Hart said.

He made the phone call, and Mr. Winston pulled me out of the office.

"Before I left West Monroe, I called the clerk of the Hayes County Circuit Court, letting her know I would probably have an emergency motion that needed an immediate hearing."

"For?"

"An injunction to stay any suspension or expulsion pending a full hearing. Do NOT say anything about it. It'll be much easier to get it ex parte and then fight with them."

"Will that work?"

"Probably, because the harm to you is immediate and real, while the potential harm to the university is only theoretical and in the future."

Doctor Hart came out of his office.

"They'll be ready for us in about ten minutes," he said. "Doctor Stanton will be there, given he's your advisor."

We left Student Health Services and walked back to the administration building, heading to the third floor where the Chancellor's office was located. We met Doctor Stanton there, and the four of us were shown into a small conference room. Five minutes later, Dean Parker and a grey-haired man in a three-piece suit came in, along with a young woman who appeared to be a secretary.

"Chancellor Evans," Doctor Hart said, "This is Michael Loucks and his attorney, Mr. Frederick Winston. Mr. Winston, this is Chancellor Herbert Evans and Dean Janice Parker."

"Attorney?" Chancellor Evans asked.

"Yes, Sir," Mr. Winston said. "Michael called me immediately. I believe we can quickly dispense with this matter if you'll give me ten minutes of your time. I strongly suggest you do not conduct a formal hearing that would go on the record."

"But he appealed the suspension!" Dean Parker objected. "That requires a hearing!"

"Chancellor Evans," Mr. Winston said, "Dean Parker does not have all the facts. Would you please allow me to simply provide you with the information? I believe once I do, she'll withdraw her suspension."

"I will do NO SUCH THING," she protested.

"I believe I need to call a formal hearing," Chancellor Evans said.

"Do you have a report of a complete investigation, including witnesses?" Doctor Hart prompted.

"I don't need one if student safety is involved," Dean Parker replied. "The Student Handbook, which Mr. Loucks signed for, explicitly waives a right to an investigation in advance if student safety is threatened. And I am the one who decides that, Doctor Hart."

"Everyone take a seat, please," Chancellor Evans said.

Doctor Hart, Mr. Winston, Doctor Stanton, and I sat on one side of the table, and Dean Parker and Chancellor Evans sat on the other side.

"Dean Parker?"

She slid some documents in front of Chancellor Evens.

"This is a report by the Department of Family Services finding that Michael Loucks raped and otherwise abused his sister from the time she was three years old. He presents an immediate risk and is a danger to students on campus. This report, along with the attached psychiatric reports, is sufficient grounds for immediate suspension pending an expulsion hearing with the Academic Committee on Friday."

"Excuse me, Dean Parker," Mr. Winston inquired, "where did you obtain those psychiatric reports?"

"I'm not at liberty to say."

"They aren't public, Dean Parker, and I am quite sure that Mr. and Mrs. Loucks, who are Elizabeth and Michael's parents, did not sign a release. Whoever gave them to you is in violation of Ohio statutes and subject to immediate loss of their license and prosecution for a felony. Your possession of them without a release is, in and of itself, a misdemeanor. Any attempt to use them or give them to another person is, in fact, a felony. Mr. Chancellor, you can't accept those documents without opening yourself to the same felony charges."

"Janice, he has a point," Chancellor Evans said.

She pulled back the stack of papers, removed two documents, and slid the remaining one back.

"This is the report from Family Services," she said. "It states clearly what happened, including admissions by Mr. Loucks' mother that the abuse took place."

"Mr. Chancellor," Mr. Winston said, sliding a sheaf of documents in front of the Chancellor, "I have here the complete psychological evaluations of Michael and Elizabeth by two licensed psychologists, a transcript from Family Court, a statement from the Harding County Prosecutor that he was not filing charges, and copies of the malpractice suits against the doctors Orosco and Zeiss. Oh, and I have releases signed by Michael as well as Mrs. Rachel Loucks.

"What you have in that report from Family Services are the unfounded conclusions of an individual with a Master's in sociology who is not a licensed psychiatrist or psychologist. What I've given you contains the professional opinions of Doctors Laura Paulus and Fran Mercer, as well as one from Doctor Hart, who is the person who I believe would conduct a psychological evaluation if one were necessary."

"That may be true," Chancellor Evans said, "but the finding of Michael being a danger to other students is sufficient to suspend him pending a hearing. Unless Dean Parker withdraws her finding, I have to honor it."

"Who do I appeal to?" Mr. Winston asked.

"The Academic Committee will hear this on Friday."

"Then you'll need to allow Mr. Loucks to attend classes until then. Anything else will harm him irreparably."

"I can't do that, Mr. Winston. I can only work within the rules."

"Then we need an expedited hearing."

The Chancellor shook his head, "The Student Handbook gives us five days to hold the hearing. I'm sorry, but unless Dean Parker withdraws her finding, my hands are tied."

"I do NOT," she said smugly.

"I need your finding, in writing, immediately, Chancellor Evans. With specifics, please. And I'm ordering you to preserve ALL evidence, including those reports Dean Parker appears ready to tear up, and any notes she has, including phone records. I have a letter here demanding a written finding and evidence preservation."

He slid a notarized statement across the table to Chancellor Evans. My mom was a notary, so I was sure she was the one who had typed then notarized the document.

"Janice, you may want to reconsider," Chancellor Evans said quietly. "If you're charged with misdemeanors which involve doctor-patient privilege, I'll have no choice but to suspend you pending the outcome of any legal actions. And if you're found to have violated any statute or any doctor-patient privilege, you'll be subject to immediate termination, and I'll be forced to report you to the Hayes County Prosecutor as well as the State Academic Licensing Board."

Mr. Winston smiled, "If Dean Parker withdraws her complaint and tells me who gave her those reports and gives them to me, we'll overlook her involvement and the involvement of the university in this matter."

"Would you excuse us for a few minutes?" Chancellor Evans said.

Mr. Winston nodded, "Certainly."

Chancellor Evans and Dean Parker left the room.

"They'll fold," Mr. Winston said. "The demand to preserve evidence is a threat of a lawsuit. They ARE guilty and can't escape it. And when we get the phone records, we'll know who she spoke to."

"That Orosco «сука» (suka), for sure," I said. ("bitch")

Mr. Winston smiled, "I'm not quite sure what that means, but I get the drift. And that will be the nail in her coffin. We'll offer to overlook this breach in return for her withdrawing her analysis and convincing Doctor Zeiss to withdraw his."

"And that will solve the problem with Family Services?"

"I'll file for a writ to quash the report as unfounded and contradicted by all available psychological reports and the decision not to prosecute you. I suspect Family Services will simply fold rather than lose in front of Judge Lee. The last thing they want is a precedent of a court quashing a report."

"Don't WE want that?" I asked.

"Mike, you have a specific goal — making that report disappear. Leave the windmill-tilting or crusading to someone else. You can't afford it. And I'm not talking about money. A huge trial like that would be public. And you would be painted as exactly what Family Services says you are. When you finally win, it'll be on page thirty-seven. But the headlines of Family Services calling you a rapist will be on page one."

"Wonderful," I sighed.

"The system will work for you, Mike. Let it. No crusades."

I nodded, "You're the lawyer."

Mr. Winston smiled, "And you'll be the doctor. I promise not to treat patients if you promise not to try to practice law."

"Deal," I grinned.

"Mr. Winston," Doctor Stanton said, "you might want to ask Chancellor Evans to tell Dean Parker to leave Mike alone. She's been gunning for him from the beginning because she's upset we don't have quotas for the honors program."

He nodded, and we sat quietly for another five minutes until Chancellor Evans and Dean Parker returned. She looked VERY sour, which told the story before anything was said.

"The finding is being withdrawn," Chancellor Evans said. "And it was Doctor Orosco who sent the reports to Dean Parker."

"Thank you," Mr. Winston said. "I trust you will ensure that Dean Parker will take NO action of any kind against Michael. I'm sure you don't want any claims of retaliation any more than we do."

"Do we agree that this matter is concluded?" the Chancellor asked. "On both sides?"

"Yes, Mr. Chancellor, so long as Dean Parker does not try any kind of end run."

"I assure you Michael will be treated fairly," Chancellor Evans said, looking directly at Dean Parker.

"Thank you, Chancellor Evans," Mr. Winston said.

"Thank you," I added.

Mr. Winston, Doctor Hart, Doctor Stanton, and I all got up from the table and left the room.

"Thank you, Mr. Winston," I said.

"Did you miss any classes?"

"Just one. An organic chemistry lecture. But I have a study group, and a couple of the guys are in O-chem with me. I can get the notes and homework from them."

"OK. If there are any problems, call me immediately. I'm going back to the office, and I'll get in touch with Doctor Orosco. We should have all of this cleared up in the next sixty days."

"Thank you," I said.

We shook hands, and I headed back to Student Health Services to get my books, then headed back to the dorms. I found Jason and asked him if I could copy his notes. He lent them to me, and I promised to get them back to him by the end of the study group.

"Hey," Angie said, coming up to me. "I heard you had some kind of problem."

"It's all good. Just that stupid psychiatrist causing trouble."

"Everything is OK?"

"Yes. Nothing to worry about."

"Good," she said warmly, and we both headed out of the dorm for our next class.

That evening, after dinner, I was in my room copying the chemistry notes when my mom called.

"Are you doing OK, Mike?" Mom asked.

"Yes. I was freaked out this morning, but Mr. Winston, Doctor Hart, and Doctor Stanton, my advisor, all helped."

"According to Mr. Winston, Doctor Orosco did something very foolish."

"It almost worked," I said. "I guess the mistake was including the psychiatric reports."

"Yes. He says that with just the Family Services letter, they probably could have made the suspension stick until the full hearing. And then the hearing would have been another battle just like in Family Court."

"What did he say about the psychiatrists?"

"He placed a call to Doctor Orosco's attorney, but I don't know what came of that."

"OK."

"Just hang in there, Mike. This will all go away. I'm really sorry."

"I've already forgiven you, so let it go, OK?"

"Thanks, Mike. I love you."

"I love you, too, Mom. How is Liz?"

"She seems to be doing OK. Emmy's dad is still forbidding them from getting together, but they talk at school. I'm hoping she can make a few friends to do stuff with over the Summer if Mr. Nelson won't relent."

"That whole situation just sucks," I sighed. "How's Liz's schoolwork?"

"She's back where she was, mostly B's."

"Good."

"Are you coming home before break?"

"In a couple of weeks. There are no classes on Presidents' Day, so I'll come home on the 13th after work. I'm seeing Jocelyn on Saturday evening, and I'm having dinner with Tasha's family on Sunday."

"We'll see you then, Mike."

We hung up, and I finished copying Jason's chemistry notes before joining the study group.

January 28, 1982, McKinley, Ohio

"Hi, Milena," I said when I walked into the music classroom for my guitar lesson.

"We meet again! Mom's not here yet. Come sing with me!"