Almost a year after Western suspended tenured theatre arts professor Perry Mills, the two parties are battling the suspension's legality in court.

"I do not believe my suspension is legal," Mills wrote in his court declaration for the suit July 26.

Bodman would not comment on the suit because it regarded personnel issues.

Mills filed suit in federal court against Western Provost of Academic Affairs Andrew Bodman in July for violating his civil rights and ignoring the employment contract defining the procedure for suspension.

Mills' attorney James Lobsenz said the Western Faculty Handbook maintains the administration's right to suspend a faculty member with charges, but argues Bodman suspended Mills eight months before identifying the charges.

On Oct. 18, 2004, Bodman served Mills papers saying Bodman had received a letter from Carol Edwards, dean of the College of Fine and Performing Arts, recommending Mills' suspension with pay until the university could review complaints received from faculty and students.

Bodman sent Mills a statement of charges June 6. According to the statement, the reason for the suspension was Mills' conduct fell below the standards to which faculty should adhere.

According to the statement of charges, Bodman, Theatre Arts Department chair Mark Kuntz and Edwards charged Mills with "a serious and persistent neglect of faculty duties" and "intentional and malicious interference with the scientific, scholarly and academic activities of others." Mills has been on paid suspension since Bodman served him with papers.

Kuntz attributed the private nature of the charges' release to Western's efforts to respect Mills' privacy.

"I think the university's trying to protect Perry's interest as an employee," Kuntz said.

Lobsenz said he does not think Bodman has a strong case.

"It wasn't that the charges were secret," Lobsenz said. "There weren't any charges."

The university's explanation for Mill's suspension dissatisfied Western junior Evan Bourm.

Bourm was enrolled in Mills' Introduction to Cinema class for two weeks before Kuntz announced Mills' absence to the class.

Bourm said Kuntz entered the classroom and announced that Perry Mills will no longer be teaching this class. Bourm said students questioned the information, but Kuntz said the situation was a faculty issue.

"I think when our teacher leaves and we signed up and paid for a class, we have a right to know what's going on," Bourm said.

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