STEELE AND UNI REACH HUSH-HUSH SETTLEMENT

By LISA SEWELL, Illawarra Mercury, Saturday, July 6, 2002, p.3.

Photo : ......... Tight-Lipped : University of Wollongong academic Dr Ted Steele has received a confidential settlement (Picture : Adam McClean)

Outspoken University of Wollongong academic Dr Ted Steele has been silenced.

   After a long running battle with university management, the National Tertiary Education Union has helped the maverick biological sciences professor secure a confidential settlement.

In a statement released by the union late yesterday afternoon, the three parties claimed a satisfactory end to the dispute. The university sent out a similar statement.

"Associate Professor Ted Steele, the University of Wollongong and the NTEU have reached agreement in settlement of the dispute between them, " the statement said.

"All legal and disciplinary procedures have been terminated as a result of the settlement. The details of the settlement remain confidential and all three parties have agreed to make no further public comment."

Dr Steele was dismissed in February 2001 following his public claims of soft marking practices at universities.

The Federal Court later ruled that the sacking was a breach of the university's enterprise agreement. He was re-instated in April this year - with full back pay - but was subsequently charged with misconduct.

When contacted by the Illawarra Mercury late yesterday, Dr Steele was unable to comment on the nature of the settlement. He could not disclose whether he would continue to work at the university.

However, he said : "I'm relieved that this has finally come to a conclusion and I'm looking forward to getting on with my life. " I will continue my research in evolution at the John Curtin School of Medical Research at the Australian National University, where I am a visiting honorary fellow. I will also be working from home."

© Illawarra Mercury


31-03-02
EJ Steele: Biography of Scientific Achievements : - Somatic Selection Theory & Reverse Transcriptase Model Somatic Hypermutation (prepared for Australian Senate Inquiry 6.3.01)

SACKED WHISTLEBLOWER GETS UNIVERSITY JOB BACK

Friday 29 March 2002
By Aban Contractor, Higher Education Writer, The Sydney Morning Herald, p.10
March 29 2002 - also in Illawarra Mercury same day pages 1 & 3
http://www.smh.com.au/articles/2002/03/28/1017206138691.html

The sacked academic Ted Steele will get his job back at the University of Wollongong after the Federal Court ruled the university acted unlawfully when it dismissed him.

Dr Steele, sacked without warning a year ago after saying he had been told to upgrade students' marks, said he hoped the university would now deal with him fairly and let his allegations be tested in a public forum.

"Fair play would be that, if they're going to try me again, it has to be in a proper court of law where all the truth comes out," he said outside the court on Friday. "I've been through almost 14 months of hell, and I'm not going to go through a kangaroo court at the University of Wollongong."

In a unanimous ruling, the Federal Court rejected an appeal by the university that it had the right to summarily dismiss an academic. It was ordered to pay Dr Steele's costs, estimated to be about $40,000. The vice-chancellor, Gerard Sutton, said he accepted the court's decision that he breached the university's enterprise bargaining agreement.

The university will negotiate with the National Tertiary Education Union, which brought the legal action on Dr Steele's behalf, to decide on a process for his reinstatement.

"We intend to reinstate him," Professor Sutton said. "That won't occur until there's an agreement on a process to address the substantial issue of the allegations and the merits of the dismissal."

Asked if he would allow an independent outsider to oversee any hearing, Professor Sutton said "yes".

He dismissed claims that he had damaged the university's reputation by summarily dismissing Dr Steele for speaking out on falling academic standards at the height of a national debate on the issue. Dr Steele was one of dozens of academics who contacted the Herald early last year with examples of "soft marking", but the only one who let his name be published.

Yesterday, students at the University of Wollongong called on Professor Sutton to resign.

The president of the postgraduate students' association, Dave Coffman, said Professor Sutton had lost the respect of many academics and senior administrators in higher education because he had infringed a basic tenet of academic life: the right to speak out on issues of public importance.

Students should also consider the huge amount of taxpayers' money Professor Sutton had wasted in unnecessary legal bills.

"That could have been better spent on addressing the crisis in the provision of library journals or creating sorely needed scholarships," Mr Coffman said.

A spokeswoman for the union said Dr Steele had been without work and pay for more than a year. He had been pilloried by the university and he and his family had suffered as a result.

"We think that for the university to try and embark on another investigation of Dr Steele about the events that they've already sacked him for [is] not only double jeopardy - he's already been through a lot - but we would be concerned about bias," she said.

"How can Dr Steele get a fair hearing when the vice-chancellor has already determined that he should have been sacked?"

WOLLONGONG UNIVERSITY STATEMENT ON THE AUSTRALIAN FEDERAL COURT APEAL DECISION

Date : 28 March 2002
Comments from : Vice-Chancellor, Professor Gerard Sutton, University of Wollongong

The University of Wollongong accepts the finding that it did not follow the correct procedure under its academic enterprise agreement in dismissing Dr Steele.

However, it is important to note that the appeal was concerned solely with procedure and did not address either the reasons for, or merits of, the dismissal.

The Federal Court's decision has cleared the way for a further hearing to test Dr Steele's very serious allegations against his colleagues and the University - allegations that the NSW Ombudsman found to be unsubstantiated.

The University has already begun discussion with the National Tertiary Education Union (NTEU) to determine a process for this review. Once the process has been agreed, Dr Steele will be reinstated with full back pay.

The University rejects any suggestion that this matter revolves around academic freedom and remains committed to protecting the institution and its staff from unsupported and potentially damaging allegations.

NOTE TO MEDIA REPRESENTATIVES : The Vice-Chancellor, Professor Gerard Sutton, is available for media interviews by telephoning his office on (02) 4221 3909 or (02) 422 3932.

Issued by : Bernie Goldie, Media Unit, University of Wollongong, ph : (02) 4221 5942; mobile 0412 454 124.

 

AXED ACADEMIC TREATED 'WORSE THAN MURDERER'


By Aban Contractor, Higher Education Writer , Sydney Morning Herald, Thursday 27 February, 2002, p.3


Sacked Steele

Sacked Steele ...
... judge is shocked

 

 

 
"It was the best bit of public speaking I have heard in this country in almost two decades. The values of the true university were upheld and defended by two Federal Court judges - I have never heard a Vice Chancellor talk like that in my entire academic life! It was actually better than what has briefly been reported. Indeed far more was said - and all of these barbs were delivered with great passion by the lead judge, Judge Murray Wilcox."
Ted Steele, 28 Feb 2002


 

 
 

 
The article appeared on page 3 of
the Sydney Morning Herald,
Thursday 27 February 2002.
The same article also appeared on
pages 1 and 2 of the Illawarra Mercury,
Thursday 27 feb 2002.

The University of Wollongong gave an academic less natural justice than a murderer could expect when it sacked him without warning a year ago, a Federal Court judge said yesterday.

Justice Murray Wilcox, presiding at a full bench hearing of an appeal by the university against a judgement that it had erred when it sacked Dr Ted Steele, said he was shocked by the university's behaviour.

"I find it remarkable that a university, of all institutions, of all employers, an institution that we've been brought up to regard as open and liberal and fair, should seek to exercise the power to sack somebody for discipline reasons without giving notification to them - I find [it] extraordinary, I have to say.

"Look, even murderers are entitled to be heard in their defence. The suggestion that an academic, whatever his or her offence, is not allowed to make a defence - for a university to put that proposition, I repeat, I just find it a shocking proposition."

Dr Steele, a senior biologist who had been at the University of Wollongong for 16 years, was sacked by the vice-chancellor, Professor Gerard Sutton, after telling the Herald at the height of last year's furore over soft marking that he had been told to upgrade student marks.

Another appeal judge, Justice Richard Conti, said the kind of allegations made by Dr Steele appeared to be "legion" as a result of the funding difficulties faced by universities in recent years.

"I read the newspapers and I hear from friends in university - those sorts of complaints are legion. I don't know [what the] big deal is."

Counsel for the university, Geoffrey Flick, SC, told the court that the university regarded the case as important because it wanted to know if it had the power to sack an employee without notice. "As we would have it, it would be exceptional to deny an employer that power."

But Justice Wilcox said it would be a very exceptional employer that could lay claim to such a power. "And for that to be claimed by a university, it shocks me a little."

A spokesman for the university said outside the court that the judges' comments were made without access to the full facts of the case.

"The university firmly rejects any suggestion that Dr Steele was denied an opportunity to have his say," he said. "Dr Steele was given a number of opportunities to substantiate his claims and was unable to do so."

The president of the National Tertiary Education Union, Carolyn Allport, said Dr Steele had been without work and pay for a year.

"We remain confident that the full Federal Court will confirm Justice Branson's earlier decision and that we will soon see Dr Steele reinstated," she said.

"We believe that this will send an important message to all university managers that allegations against staff must be tested before dismissal is considered."

The court reserved its judgement and is expected to rule within weeks.


6 Jan 2002

Turbulent teacher

Contentions : Nicolas Rothwell, in Inquirer section, The Weekend Australian - January 5-6 , 2002 p.22
Brilliant but a maverick, Ted Steele is fighting a lengthy feud with the university that sacked him. The saga raises the question : is there room in academe for free-thinkers?

Photo : .... Swirling controversy: Molecular biologist Steele (Picture : Alan Pryke). " Steele at once became the wild colonial boy of science and a lightning conductor for international controversy"

On February 26, 2001 , the image-conscious University of Wollongong, finding itself at the centre of a national uproar over "soft marking" claims, summarily dismissed its volcanic and highly inconvenient chief whistleblower Ted Steele, a free-thinker and revolutionary in microbiology - indeed, one of the only Australian life scientists with an outside prospect of winning a Nobel Prize for his ideas. -> text continues after box (below).... ->

 

Ted Steele : A life of trials

October 27, 1948 : Born in Darwin

1967-70 : Educated at University of Adelaide

1976: PhD on immunity to cholera

1979: Publishes first version of his theory while at Ontario Cancer Institute in Canada; invited to London's Wellcome Trust; controversy swirls about his ideas. Encouraged by Hungarian writer on evolution, Arthur Koestler. Anti-Steele campaign in British journals.

1985: Appointed to post at University of Wollongong. Refines ideas that immune system traits can be passed to next generation.

1988-89: Campaigns in support of Vietnam veterans who argue birth defects in their children are caused by exposure to the defoliant Agent Orange. Fights protracted battle with British professor John Cairns, who has similar ideas about inheritance of acquired traits. Made associate professor at Wollongong. Feuds with Nature editor John Maddox. Introduces selected writings of E.L. Grant Watson, a key intellectual precursor.

1990-91: Campaigns to save independence of Canberra's John Curtin School of Medical Research.

1996: Fights without success to preserve physics department at Wollongong.

1998: Significant book and key international papers published.

2000: Appears at Royal Society, London. Voices concern over marking standards at Wollongong.

2001: Fired from tenured post. Union campaign to reinstate him. Federal Court rules in Steele's favour. University appeals decision.

February 27, 2002: Court decision due in Steele case (correction : this the full bench hearing date - decision could take another month or two, ejs)

The resultant year-long battle, which comes to its climax in a court hearing next month, has rocked the placid, enclosed world of the Illawarra Valley, unspooling like some particularly violent prime-time TV soap opera, filling local newspaper headlines, dividing the already factionalised academic community, provoking frowns of worry among the grandees of the professional establishment.

The Steele saga, though, cuts far wider and raises disquieting questions. Who guards the standards of mass university education in Australia? Is there, for all our fixation on the ideal of a Knowledge Nation, any serious national tradition of excellence? And what, off the sports field where all is permitted, do we really think of that ultimate species of tall poppy: the raw, undisciplined genius?

Of course to those it has engulfed, the ultra-baroque Steele case seems to be about other things. For Steele, it is about livelihood, career, ambition and academic standards at his provincial university. For the education union, which is grimly backing Steele's campaign for reinstatement to his post, and the 4500 academics around the country who signed their petition, it is about freedom of speech and the right of every lecturer and tenured professor to enjoy due process.( correction - several hundred international academics also signed the NTEU on-line petition. ejs).

And for Wollongong University's vice-chancellor Gerard Sutton who has been locked in a savage duel with his most turbulent academic star for many years, it is about maintaining the battered reputation of his bijou south coast fiefdom.

Ted Steele is one of life's upsetters. Born (nice irony) in Darwin, full of talent, he shone as a graduate in microbiology. Very early, researching in Canada, he made a big break: he found suggestive signs that lab mice could pass on to their offspring acquired immune resistance. (correction - actually 'acquired neonatal tolerance', ejs). This was a violation of the basic principle underlying modern Darwinian theory: the notion of random mutation driving natural selection.

Steele at once became the wild colonial boy of science and a lightning conductor for international controversy. He had a brief, rough spell in the limelight in London before regrouping in Australia. He secured a post at Wollongong and rose fast.

With him notoriety came to the campus. He fought a campaign for Vietnam veterans who claimed Agent Orange had caused birth defects in their children. He struggled to win attention for his evolving theory. He won the backing of a senior microbiologist, Bob Blanden of the John Curtin School at the Australian national University and he fought off overseas attempts to plagiarise his ideas.

Eventually, he published a well received book: the background climate of world science began to shift in favour of his ideas. In July 2000, he received a landmark accolade, he was asked to present an overview of his ideas to London's Royal Society.

It was strong meat, for Steele now holds that genetic information can be transferred from cells in the body's immune system to "germ-line cells" that are passed on to offspring. He has a model for the process. While it does not over turn Darwinian evolutionary dogma, it modifies it and makes the resultant world picture much more messy and complicated.

Steele, in fact, is the latest in the long line of bold, unconventional Australian microbiologists and medical researchers, a tradition that begins with Howard Florey and passes through Frank Macfarlane Burnet, Frank Fenner and Gordon Ada - the last two of whom, titans of science, are still living and were present like proud godfathers at the Canberra launch of Steele's latest book.

It would be easy, in the context of this overview, to make mock of a university that has failed to keep such an errant star within its fold. Indeed, the University of Wollongong is a soft target : it proclaims itself the "University of the Year". a title described by Quadrant editor Paddy McGuinness as a "national joke". Its hapless vice-chancellor tells the people of Wollongong the model for its future as a non-metropolitan powerhouse is none other than Stanford in California; its busy website, where Steele's name does not figure, boasts eagerly of its research venture with Marks and Spencer to create a "smart bra".

To mock, though, would be to misunderstand. By seeking corporate partners and relentlessly boosting its credentials as a place where students can equip themselves to make more money, the little campus on Northfields Avenue is doing exactly what it is supposed to do. As a second-tier institution in the brave new realm of Australian tertiary studies, it is looking for funds, generating a touch of civic pride, helping an industrial town develop and it is no surprise that a figure such as Steele found such boosterism uncongenial.

His agonies over what he perceived to be soft marking led him to ever more frenzied protests, which he conducted as a wildfire campaign over the university's email system a cyber gulch of paranoia where gossip, faction and vituperation had long been rampant. Steele's concerns, though, stretched wider than mere marking. At a series of Senate hearings last year into the controversy, broadening his canvas, he flatly identified a national pattern of declining standards in the sciences.

Steele's bleak view of Australian academe finds broad echoes among scientific colleagues, though not among university administrators. It seems the managerial culture on campus has long since turned away from his style of blue-sky research.

John Schuster, head of the department of history and philosophy of science at the University of NSW, and, by one of life's little quirks, the victim of a long term feud at the University of Wollongong, believes that Steele's scientific importance, while increasingly recognised overseas, is not vastly attractive to Australian universities.

"Steele's research is quite possibly a very significant addition to the genetic picture. If it is borne out, and neatly ascribed to him and his team, they'd get the prize," says Schuster.

"That kind of research has its own value, in 10, 20, 30 years down the track but the problem is that public servants and politicians don't think of universities as places with long-term potential.

"The increasing success of his theory led me to think anyone halfway alert in Australia would take the hint. None of this has had any importance, though, his own university turned around and fired the guy."

Bob Blanden, Steele's chief scientific partner - indeed mentor - and former head of immunology at the John Curtin School, regards his friend's plight as part of a wider problem: the onrush of campus commercialisation.

"The almighty buck is dominating all our lives and every serious academic knows and regrets it," Blanden says. "Since the Dawkin's revolution of the late '80s, university administrators have metamorphosed into pragmatists with economic rationalist presumptions, worried about spin-doctoring and money.

"This has affected what scientists say and do. People are always ready to talk about cancer and AIDS vaccines, there's a continuous spin-doctored stream of nonsense coming out of our universities.

"These kinds of people rise to the top: many have no ability or wish to understand what Ted Steele and his work is about."

What, above all, is he about? Frontier science, or defending academic standards, or pricking the pretensions of the campus authorities? All the above, of course. Radicals of his type simply can't prune their personalities. Universities were originally meant as places for his kind, brilliant individuals who would enjoy the freedom to think. Einsteins who protest against nuclear proliferation; Feynmanns who discover the problems in space shuttle O-rings.

The Canberra scholar Simon Leys provided a famous definition in his essay Do We Need Universities? " They should be 'places where scholars seek truth, pursue and transmit knowledge for knowledge's sake - irrespective of the consequences, implications and utility of the endeavour'".

Steele's dilemma illustrates the great paradox of Australian higher education: the more of it there is, the less there seems to be a national culture of excellence. here is a tall poppy and rough diamond from central casting: Why not give him a prime ministerally funded research institute

---© Nicolas Rothwell and The Australian ---

 


News about Ted Steele:
26 Feb 2001:
Associate Professor Ted Steele was dismissed without notice by the University of Wollongong.

March 1, 2001
Silenced for the sake of the corporate university by Padraic P. McGuinness.
This article also discusses Steele's scientific work. [Steele's dismissal is not directly related to his scientific work]

15 Mar 2001
The freedom of academe is a fragile thing. In dismissing whistleblower Ted Steele, the University of Wollongong appears to have ignored the bitter lessons from another high-profile sacking half a century ago, writes Jim Jackson, professor of law at Southern Cross University.

16 Mar 2001
Ted Steele has been sacked by the Vice-Chancellor of the University of Wollongong, Gerard Sutton, because Ted exercised his public duty to criticise what he passionately believed were flawed processes leading to sub-standard students being given undeserved high ratings in Honours courses. (continue: Letter of support for Ted Steele)
The following people support this petition.

Arbitrary sacking of Dr Steele

april 2001:
The Arbitrary sacking at Wollongong [pdf file]. (National Industrial Bulletin).

8 June 2001:
"Foreign academics threaten black list over sacked Steele". source: Sydney Morning Herald 08 Jun 2001.
The sacking of Dr Ted Steele by the University of Wollongong has attracted unprecedented international condemnation, with overseas academics threatening to black-list Australia's university of the year.

8 Aug 2001:
The Federal Court in Sydney ruled that the Vice Chancellor was wrong to sack Ted Steele.
The Federal Court decision.
Ted Steele's opinion in The Sydney Morning Herald Thursday 9 August 2001 page 13.

Dr. EJ Steele
Visiting Fellow/Molecular Immunology & Evolution
Immunology Laboratory
Division of Immunology & Cell Biology
John Curtin School of Medical Research
ANU, Canberra, A.C.T
AUSTRALIA 2601
Postal address/telephone connections for rapid response:
Dr. EJ Steele Research Office
164-168 Derribong Drive
Cordeaux Heights, NSW 2526
AUSTRALIA
tel/fax : 02 717 704 (research office- answering service)
e-mail: tedsteele@optusnet.com.au
http://www.erim.org/qas2001/steele.html