CHAPTER 26

Already in evidence and on the record was the incident of Lyle's tampering with one of the so-called suspicious SmurFFs by stapling a note written by Diana to it. Now there was testimony that he had falsified a comment by one of the senior faculty which appeared on an appraisal form. One more example of evidence-tampering was still to come.

When the hearing reconvened, Jane interrupted. "One moment before we go on to the next witness. A point of clarification. From what I heard a little while ago, I think Diana believes that we send the president the recommendation of this committee. Now, my understanding was that we do not make a recommendation, we make a report of our findings."

"That is correct. We are only going to write a report. We don't make recommendations. We only make a report of the hearing. That's all we are looking at," Henry said frantically. Damn and blast, how did she get on to that and why didn't I pick up on it. I shudder to think what those dingy women would do if they knew that when my report for this committee comes out, it will find the entire panel has made a recommendation that is unanimous and it is for termination.

The hearing was about completed. Henry could feel the relief flooding through him like a torrent. Full of great expectations, he announced that Lyle would be the next witness and "all these little misunderstandings will be cleared up." True to form, like a well rehearsed circus act, the performance that followed went off like greased lightning. Henry allowed neither the other members of the panel nor Diana to clutter it up.

First the clarification of number of `suspicious' SmurFFs found, when they were found and who found them. This time, Lyle looking confident and well coached, consulted his crib sheet and gave the answer without circumlocution.

Looking both eager and willing to help out as best he could, Lyle earnestly spoke his piece. "After checking with Mark who had the date in the files, we found that the material was sent to the analyst in the fall of last year. There were originally three that Randy and Ian had given him, not two as he had said in his previous testimony. I can't think why I said

two, of course, I meant three."

"Jimbo had found and sent him the two `suspicious' nursing nutrition SmurFFs." To prove this, he conveniently produced a covering letter, which the chair put into evidence, that expressly said that. ". . .and, it is dated and signed by Jimbo.

"Most certainly," Lyle continued, "I never knew that Diana had copyrighted the radiology manual and most certainly, Ian and Randy did not copy from it. That is ridiculous."

His pious account of the meeting with Diana in his office when he told her of the document examiners findings, was ingenious. He claimed to have been devastated at having to do that to an employee. He had behaved with loving kindness throughout the "very painful interview.

"Of course no one in the department or among the medical students would be afraid to come and testify. Perish the thought.

"I must have been misunderstood before when the panel got the impression that ALL the critiques were good in this last year when Diana did not teach. I thought I had made it clear that it was Ian's SmurFFs that had improved markedly."

Still, Jane noted. He did not produce them for the panel to confirm his testimony and the chair, despite the request of Diana that they be solicited, did not ask for them.

When Henry hesitated, Trenchant reminded Lyle that student's likes and dislikes of an instructor could vary wildly from year to year. "Remember how great your SmurFFs were in the nursing course three years ago?" She said. "Then the very next year, they were the pits. Isn't that correct?"

Lyle reluctantly agreed that it was and Henry quickly took back the questioning to bring Lyle to the crowning touch of his testimony before Trenchant could further discredit him. Henry asked if he thought Diana was unable to write because of an injured wrist during the December last evaluation period. Proudly, Lyle presented two original handwritten documents. "Both of these," he claimed, "were written by Diana and I found them in my files."

"This one is dated in mid December, at the time she claims she could

not write," he smirked triumphantly at Diana.

"Did you write that?" Henry demanded of Diana, looking smug and terribly well pleased with the way things were going.

"Yes, I did, but not in December. I wrote that after returning from Christmas\New Year's vacation in January before the classes started. This note refers to equipment I would require for the room I was assigned to teach in during the winter semester. I was not assigned that room until I returned from vacation in January so I wouldn't be writing anything about fixtures in December. This is a fact that can be verified.

"Look at this. Trenchant held up the paper for the panel to see. "The right hand corner has been torn off where I put the date which would be in January. The date written on this note is at the bottom and was written in by Lyle. The ink used is entirely different for the date than for the rest of the note and I recognize the way he makes sevens with the slash."

"Well, yes." Lyle allowed, showing some discomfort, he had written that date in because the note wasn't dated and he put the date on when he received it and that was in December. He said nothing about the torn corner and looked very anxious.

"Well I kept a copy of this note which I can bring in showing the date to be where this piece was torn off and that date will be in January." Trenchant announced, turning to the committee members. "Once more, evidence in this hearing has been tampered with."

"It won't be necessary to see your copy," Henry ruled, hastily. "I'm sure this is just a difference that occurs where each person remembers the date a bit differently. There is no attempt to tamper here. . ."