AEGiS-Miami Herald: Instructor With AIDS Loses In Bid To Get His Job Back Miami HeraldImportant note: Information in this article was accurate in 1991. The state of the art may have changed since the publication date.
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Instructor With AIDS Loses In Bid To Get His Job Back

Miami Herald (MH) - Wednesday, July 31, 1991
Susan L. Spencer; Herald Writer


A Palm Beach Community College instructor who claims the school fired him because he has AIDS has lost his last appeal to get his job back.

PBCC President Edward Eissey issued a statement Tuesday accepting an administrative hearing officer's recommendation that Dan Duncan not be reappointed to his foreign-language position. Former PBCC President Harold Manor made the recommendation after hearing Duncan's appeal in June. Eissey said the college made the decision to terminate Duncan before the administration knew that he had AIDS, though he added that Duncan's condition made it difficult to decide whether to accept Manor's recommendation.

But Duncan, who is experiencing full-blown AIDS, said administrators likely learned he was ill after he told 100-150 students in his classes in January. He was notified March 5 that his contract would not be renewed. Duncan said he plans to sue PBCC, though he fears he may not live long enough to see the final decision.

Other college officials would not comment on Eissey's ruling. In a March 14 letter, Dean of Instruction John Schmiederer told Duncan he was fired because he had received negative comments in his job evaluations and because the college was having budget problems and had to reduce its staff. Duncan, who taught French, German and Spanish, said he thought he was a good teacher because students often thanked him and said they had learned a lot in his class.

In his first evaluation, Duncan's supervisor told him he met most expectations, but he needed to improve in five of 26 areas. A year later, Herbert Perez said Duncan needed improvement adjusting techniques to students of different levels and getting student feedback.

At the conclusion of both evaluations, Perez recommended Duncan for continued employment with a salary increase.

Another PBCC faculty member, Don Benschneider, plans a similar appeal. Benschneider, who is HIV-positive, was not rehired by the college to teach interior design next fall. Like Duncan, he claims that the college did not renew his contract because of his health.

Benschneider's hearing was originally scheduled for July 23 but was canceled after he switched lawyers.

CAPTION: PHOTO Dan DUNCAN
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