Update: January 11, 2009
Due to the nature of these offenses, the issues presented here are combined in the charges I have submitted to the Equal Employment Opportunity Commission against WestCare Foundation, Inc. and the Illinois Department of Corrections.
I have filed 2 charges against WestCare Foundation, Inc. and the Illinois Department of Corrections. The file numbers are 440-2007-04512 and 440-2008-05507. Both cases have been amended appropriately. This is the only way to take care of institutional racism and indifferent treatment in the workplace.
Melinda Gubbels and Kyra Peters (white females) filed false charges against me for Sexual Harassment and Hostile Workplace in November of 2007. When it was time to come forward and give validity and testimony to their charge, neither Melinda or Kyra testified. Melinda took the day off, and WestCare Foundation, Inc.'s Human Resource Director Michael Shields refused to call Kyra to testify. Neither individual was reprimanded for their false charges. Kyra was a supervisor. Melinda is now a supervisor.
After Mr. Shields' investigation of the false allegations he states "“…Allegations of harassment/hostile workplace against Mr. Nance were not substantiated….” Below is an account of the events from beginning to end. Also, I talk about the continued harassment, intimidation and threats from June 6, 2006 when I went against the strike at Sheridan Correctional Center.
November 8, 2007
WestCare Foundation, Inc.
Michael Shields, Senior Vice President Human Resources
900 Grier Drive
Las Vegas, Nevada 89119
Re: Fred Nance Jr. – WestCare Employee Discussion Report
Mr. Shields:
Pursuant to WestCare Foundation, Inc.’s Open Door Policy, Reporting Procedure Regarding Unlawful Discrimination and Unlawful Harassment and Protection against Retaliation, I submit the following grievance/complaint, along with other grievances filed:
On November 8, 2007 at approximately 3:10 pm I received a WestCare Employee Discussion Report (“Report”) from the Director of WestCare Illinois Sheridan, Mr. Stanley Brooks. I was summoned to meet with Mr. Brooks by Ms. Sandy Smith, Assistant Director. Present at the meeting was Mr. James Carr, Assistant Director, and Ms. Jacquelyne Stinson, Human Resource Manager.
The WestCare “Report” states, in part, “…There has been one allegation of harassment and one formal complaint in regards to staff relations…You are placed on paid administrative leave while WestCare conducts investigations into the allegations noted above.” I asked Mr. Brooks to identify my accuser so I can defend against these bogus charges. Mr. Brooks informed me I was not privy to and/or he did not have the information at the moment for me. Mr. Brooks informed me someone from WestCare would get in touch with me regarding this “Report”.
Sir, these are false allegations. I am being harassed and intimidated by WestCare staff at Sheridan Correctional Center (Sheridan). I am being treated indifferent from other employees, and this “Report” is a form of retaliation. I am suffering emotional distress and mental anguish due to the nefarious and malicious acts of WestCare staff at Sheridan.
I have filed numerous grievances, which I requested addressing by WestCare Nevada. These grievances have not been addressed by WestCare management at Sheridan. They have been ignored. The grievances I filed required an investigation, to which I have not been informed of any investigation; nor has anyone who I named in my grievances been given an “administrative leave” as I have received. This is indifferent treatment.
At this time, I believe I am being singled out and targeted for harassment and intimidation to further advance the notion of the WestCare staff promoting this discrimination that I am the problem at Sheridan. The problem lies with those who will stop at nothing to humiliate and embarrass me, possibly leading to my termination from WestCare. I am the solution to client behavioral change at Sheridan with my innovative care for the clients. I know these clients better than anyone at Sheridan because I have been where they have been. No other staff at Sheridan can promote such a charge.
It also appears this “Report” mirrors the allegations of Jerry Pomush and Mary Gaston when Mary and I were competing for supervisor (see grievance dated February 5, 2007). Now that I am in competition for Assistant Director, I have someone else bringing false allegations and charges against me, attempting to assassinate my character.
This “Report” uses the term “formal” complaint. Is this grievance and my previous grievances considered “formal” complaints? A grievance gives a reason for a “complaint” or implies “resentment” or is a “formal objection.” A complaint is a “statement of unhappiness” or “something making somebody unhappy” or “expresses unhappiness” or a “formal charge.” In my written statements, as this one, I have always utilized the terms grievance/complaint in addressing the disheartening issues and the discriminatory acts I have faced at Sheridan by WestCare staff.
Sir, can you explain why my grievances/complaints have stopped at the “Sheridan” door? Have they reached your office? Should my grievances/complaints be afforded the same treatment as my accusers of this “Report”? When I wrote my grievances/complaints, I did not hesitate giving my name; therefore, affording the object of my grievances/complaints the opportunity to face their accuser.
The grievances/complaints that I requested an address from WestCare Nevada (The Corporate Office) and have not been answered by The Corporate Office have the following dates: December 26, 2006, January 13, 2007, February 5, 2007, April 29, 2007, May 28, 2007, and September 10, 2007. Most of these grievances/complaints were not even addressed by WestCare Sheridan staff. Mr. Brooks talked to me about the grievance written on September 10, 2007. When talking to Mr. Brooks I named the individuals whose names I omitted in the grievance/complaint. I explained to Mr. Brooks that I omitted the names because of how I transmitted the grievance/complaint to him. Mr. Brooks told me this grievance was forwarded up the chain. I believed this to mean it went to the corporate office of WestCare Foundation, Inc., which is Nevada.
I am not sure of WestCare’s response time but it will be 2 months on November 12, 2007 since filing the grievance/complaint. It appears the “allegations/complaint” against me is more important than mine. Sir, this is indifferent treatment.
WestCare Regional Vice President, Leslie Balonick, has talked to me (off the record) many times about my “writings” (grievances) addressing the character and behavior of WestCare staff at Sheridan. These conversations were not taken in an official capacity of addressing a grievance/complaint. The way I have received her conversation to me was as if I am resented because I utilized the grievance procedure of WestCare Foundation, Inc. Most recently, she mentioned my writings during my interview for Assistant Director on November 6, 2007. It is very peculiar I am accused of harassment and “negative” staff relations, occurring on November 7, 2007 after this interview process. This paragraph in no way is accusatory toward Ms. Balonick. I do not think she is my accuser here.
It was my impression from the interview that I was marked as a bad candidate for Assistant Director because of utilizing the grievance procedure. Ms. Balonick asked many questions, in different ways, about my interactions with WestCare staff at Sheridan. I informed her then I had mended most of the relationships since the strike of June 6, 2006, where many WestCare staff targeted me because I opposed the strike and talked about the character and behavior of the staff on strike, posting on my website.
Sir, it is not hard to understand why WestCare staff at Sheridan would want me out of the way. As I informed Ms. Balonick and Mr. Brooks during my interview for Assistant Director, I am the best qualified person for that position at Sheridan. I informed them that no one working at the facility has more life experiences or clinical work experiences than I. I informed them I have a total of 42 years experience dealing with the population at Sheridan.
Someone has encouraged my accuser to file the complaint against me. This conspiracy to undermine my character and behavior is ongoing. I have asked many times that management support my integrity, character and behavior against the malicious and nefarious attacks against me at Sheridan by WestCare staff. Ms. Balonick once told me I might be paranoid about the attacks I alleged against my character and behavior. I am not delusional or paranoid about the character of acts against me. It is obvious.
Sir, is this the way WestCare Foundation, Inc. takes care of their dedicated, responsible and professional employees? Am I to have no rest from these attacks on my character and behavior? I do have positive relationships at Sheridan, both from many WestCare and IDOC staff. There are many employees on both sides of the isle at Sheridan that respect me because I earned their respect. I have humbled myself and accepted a lot of adversity to build these positive relationships. I should not have to comprise my integrity.
Nevertheless, there will be those that will never be satisfied with my character change, my ethical stance on issues of character and appropriate behavior. They will continue unless management stands up for me and says stop the aggressive behavior against Nance. It appears all they can see is that I am a threat to them because of my undeniable abilities to facilitate change in the clients and staff due to my years of life’s experiences.
Wherefore, I proclaim the allegations and charges of harassment and staff relations against me are intimidating, threatening and discriminatory in nature. I should be reinstated to my position immediately, while an investigation is pending on these allegations and charges, and while my grievances/complaints are investigated and given a determination as similarly situated employees of WestCare Foundation, Inc.
Respectfully submitted,
Fred L Nance Jr., ABD, MA, CADC, NCRS
cc:
Leslie Balonick, Stanley Brooks, Sandy Smith, James Carr and Janel Smith (EEOC)
All grievances filed with WestCare Foundation, Inc. attached
November 16, 2007
WestCare Foundation, Inc.
Michael Shields, Human Resources
900 Grier Drive
Las Vegas, Nevada 89119
Re: WestCare Employee Discussion Report of 11.8.07
Mr. Shields:
On November 15, 2007 I received an email from the Director of WestCare Sheridan, Stanley Brooks, requesting I report to work on November 16, 2007 to address the allegations against me. Mr. Brooks informed me I would be meeting with my accuser Melinda Gubbels, the Director of Human Resources for WestCare Michael Shields, my Assistant Director James Carr and himself. I supervise Ms. Gubbels.
On or about October 26, 2007 I informed Ms. Gubbels that a client on her caseload was getting a writing consequence from me because of his negative behaviors. I informed Ms. Gubbels I had spoken to this client to let him know he was getting this consequence. I informed Ms. Gubbels she would be responsible for following up with the client to assure he completed his writing assignment. Ms. Gubbels agreed to follow up with the client.
As a normal practice of mine, when I finish completing a written consequence form on a client, I hand the client his copy. When I completed the form I handed the form to the client, while he was in group. The client was expecting the consequence. Ms. Gubbels immediately left her group, which was in progress, and came over to the other side of building to tell me I better stay out of her group.
Ms. Gubbels knows she is never to leave her group alone, while in progress. Mr. Brooks informed me once that a counselor should never leave their group unattended while in progress. Ms. Gubbels also stated, as she walked away from me, that I better stay away from her group when she is facilitating it. Ms. Gubbels was very irate, disrespectful and insubordinate to me. The group Ms. Gubbels was facilitating saw her giving me a reprimand because she was in the hall talking to me, giving me negative hand gestures, stating going back into her group, “you heard what I said.”
I met with Ms. Gubbels in my office to have an informal meeting during our break to discuss her character and behaviors. Ms. Gubbels became even more irate with me telling me I better stay out of her group. I informed Ms. Gubbels I am supposed to monitor the groups of all staff. I informed Ms. Gubbels I would address this behavior and the previous behaviors in a supervision report. Ms. Gubbels responded telling me to do what I had to do, but that I better stay out of her group.
I informed my supervisor James Carr. Mr. Carr suggested I conduct a supervision to address these issues. Mr. Carr also suggested I report and address this behavior on Ms. Gubbels’ yearly evaluation, suggesting to Ms. Gubbels the character development I was looking for in the upcoming year. On November 2, 2007 I conducted the yearly evaluation on Ms. Gubbels using the WestCare Performance Appraisal Form. I addressed Ms. Gubbels’ insubordination. Ms. Gubbels did not score well on her yearly evaluation, specifically, in the areas of “cooperation with others and professional growth.” Ms. Gubbels refused to sign her evaluation, which she has the right to refuse.
On November 8, 2007 after I had received my WestCare Employee Discussion Report from the Director, and others in attendance, without knowing what the allegations were all about, I left building C8 and proceeded to walk toward the front gate to exit Sheridan Correctional Center (Sheridan). As I crossed the blacktop, Ms. Gubbels was coming toward me. I asked her where she going? Ms. Gubbles told me she had been called to C8.
Ms. Gubbels asked me, “What do they want with me in C8?” I told her I did not know, but maybe they wanted to ask her some questions about the inmate on her caseload who went to the hospital. I also told her that they may talk to her about the Employee Discussion Report I just received for harassment and staff relations. I also informed Ms. Gubbels I had just received a “paid administrative leave” from WestCare. I told Ms. Gubbels I was informed WestCare had to do an investigation on me before I could come back to work. I asked Ms. Gubbels if she knew anything about a harassment charge or was she a witness against me. Ms. Gubbels said no.
As I was driving home, I received 2 text messages from cell phone number 815-674-9266, which is Ms. Gubbels cell phone number. I did not initiate a call to Ms. Gubbels. The first text message stated, “Not a witness. I was asked about Kuhn and Hudson.” I sent a return text message stating, “Did we do anything wrong with that situation? I was there for following: there has been one allegation of harassment and one formal complaint in regards to staff relations. The dates are 11/2 and 11/7. You and I had our evaluation on 11/2. Is there anything I should know?” Ms. Gubbels sent a return text stating, “Not trying to burn you. There has to b something else.” I sent a return text message to Ms. Gubbels stating, “Thanks.” I did not ask Ms. Gubbels to text message me or call me about this issue.
Respectfully submitted,
Fred L Nance Jr., ABD, MA, CADC, NCRS
November 19, 2007
U.S. Equal Employment Opportunity Commission
Ms. Janel Smith, Investigator
500 West Madison St., Suite 2800
Chicago, Illinois 60661
Re: EEOC Number 440-2007-04512 (Supplement to charge)
Ms. Smith:
WestCare management is purposely, maliciously and deliberately discriminating and retaliating against me for filing charges with EEOC against them, writing my Congressman, and using their grievance procedure. The “new” charges laid against me have no foundation, and do not address the only issue on the table, which has to be the dates November 2nd & 7th of 2007, which is on the first employee discussion report.
The discussion report of 11/16/07 giving a conclusion to the first employee discussion report states “…serious problems in communications between Mr. Nance; his subordinates; and his supervisors have been found to be ongoing, as well as a high number of complaints from inmates...Continued problems in this area may result in further disciplinary action up to and including termination of employment.” This statement tells me that when they put me on "paid administrative leave" they were disciplining me. This means their investigation was meaningless because I was being disciplined for something they now say is unfounded.
This is ridiculous. What more do you need? There is nothing founded. WestCare’s statement is “…Allegations of harassment/hostile workplace against Mr. Nance were not substantiated….” The Illinois Department of Corrections (IDOC) Sheridan Correctional Center’s (Sheridan) Adjustment Committee has severely punished an inmate for engaging and promoting other inmates to write grievances on me. The management at Sheridan is aware of this move by IDOC. WestCare management has decided to punish me anyway. It is retaliatory in nature due to the issues I raised in my grievances, which they have not addressed as they do with similarly situated employees, and the writing to Congressman Danny Davis about this employee discussion report. Please acknowledge receipt of this email. I will also send the 2 employee discussion reports by fax to you. What relief will EEOC give me? Let me know if you can open up the attachments I sent by email.
Respectfully submitted,
Fred L Nance Jr., ABD, MA, CADC, NCRS
