Kinsler Resigns Law School Post; National Search Underway For New Dean at ASL

by Cathy St. Clair
News Editor
   An interim dean is expected to be named for the Appalachian School of Law by mid-December. Current Dean, Jeff Kinsler, has announced he will step down from the post in January.
  ASL President Lu Ellsworth said Kinsler had signed a contract to join the newly formed Elon University College of Law charter faculty.
  In August 2006, Kinsler sent an e-mail to students, faculty and staff indicating he had decided to step aside as ASL dean effective in January 2007. At that time, however, he had indicated he would still teach spring 3L classes and then take a leave of absence for the 2007-08 academic year.
  He noted that it is customary in legal education for an outgoing dean to take a leave of absence immediately upon stepping down.
  In an e-mail to students, faculty and staff earlier this month, he noted "such leaves are designed to permit the outgoing dean to make a clean break from previous administrative responsibilities and to ensure that the incoming dean has the ability to make decisions without interference."
  Initially Kinsler said he thought he could teach the spring semester before taking the leave, however, he said, "in recent weeks . . . it has become clear that my presence may hinder the progress of the interim dean. As a result I have decided to start my leave of absence on January 1, 2007.
  An announcement on the Elon University website posted earlier this month indicated Kinsler had signed to join the Elon faculty in January.  In his e-mail earlier this month, he also indicated he would be teaching at Elon.
  Kinsler was under a four-year contract with ASL and Ellsworth said the leave of absence being taken by Kinsler will now include the spring semester and the 2007-08 academic year. The leave of absence will be unpaid.
  Kinsler said Monday afternoon he was leaving ASL on a temporary basis.
  "I've been here five years and I've really enjoyed it," Kinsler said.
  He noted that when he took over as dean at ASL, it was "always with the understanding I'd return to teaching."
  At Elon, Kinsler said he will be teaching property II.
  In the meantime, Ellsworth said, a process was put into place by the ASL trustees last September on the method to be used to search for a new dean. A national search, Ellsworth said is now underway. Two candidates have been invited to visit the ASL campus next month.
  A search committee appointed by the trustees and the faculty have recommended a candidate to serve as interim dean and Ellsworth said it is likely that action will be taken at the trustees' December meeting.
  He declined to name the candidate to be considered at this time.
  The committee assisting in the search for a permanent dean is chaired by ASL Charter Professor Dale Rubin, who is chairman of the faculty and promotions committee; Sandy McGlothlin, chairman of the faculty appointments committee; John Kunich, associate professor and Debra Green, associate professor, both elected by the tenured faculty to serve on the search committee; Charles Condon, director of the law library; Jina Sauls, ASL director of personnel; Student Bar Association President Pat Baker; and ASL Alumni President Alan McGraw.

CONSOL Files Motion to Quash 'Noise' Indictment
Company Says It Is Improperly Named in Court Case

by Cathy St. Clair
News Editor  
  Attorneys for CONSOL Energy Inc. and Consolidation Coal Company have filed a motion to quash the true bill returned against CONSOL October 24.
  A Special Grand Jury impaneled in October  to decide the merits of a petition filed by 15 citizens in the Laurel Creek area of Buchanan County regarding the noise from a fan and two compressor stations in that area found a true bill in the case and agreed the nuisance complained of does exist. 
  The citizens initially filed a petition in Buchanan Circuit Court seeking to have a special grand jury investigate their complaint which sought the abatement of a noise nuisance resulting from the fan and compressor station at CONSOL's #10 airshaft. 
  Kyle Robinson, who lives on Laurel Creek, said previously the noise from the fan and two compressor stations beside it is "unbearable."
  In its motion to quash, CONSOL notes the action to issue the true bill taken by the Special Grand Jury was done without making any contact or seeking any information from CONSOL.
  The company alleges the true bill should be quashed as to CONSOL Energy because it is not "a person or persons as they (the Special Grand Jury) may find have created or caused such nuisance." Specifically, the company alleges it does not own or operate the fan or the air shaft and thus does not cause noise of any sort at the area identified in the true bill as "Consol's #10 air shaft on Laurel Creek."
  CONSOL alleges the true bill is "defective" because the Special Grand Jury did not conduct a "full investigation" of the complaint as mandated by the code of Virginia. As evidence, the motion notes that neither CONSOL Energy or Consolidation Coal Company were notified a Special Grand Jury had been impaneled, nor were they given "any opportunity to appear before the Special Grand Jury or to provide any information that might reasonably be considered as a part of a 'full investigation' by the Special Grand Jury."
  Under the statute authorizing the special Grand Jury, CONSOL argued, the Special Grand Jury exceeded its authority as it was only impaneled to make a presentment  "against such person or persons as they may find have created or caused such nuisance."
  CONSOL alleged the true bill issued does not sufficiently identify the premises or the owner of the premises upon which the alleged nuisance exists and where such owner "permitted the continuance of the allege nuisance."

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Superintendent's Honor Roll Eligibility Faces Examination
Dual Enrollment, Weighted Class Grading Impact to Be Considered

by Cathy St. Clair
News Editor
  Changes to the superintendent's honor roll eligibility calculations will be considered next month during a meeting of the Buchanan County School Board.
  Director of Instruction Pat Fletcher told school board members last week that a committee eyeing changes to the honor roll eligibility based on the impact of dual enrollment and weighted classes grading will meet before then to develop criteria.
  The issue came up earlier this year when Susan Raines, a parent, approached the board to suggest there was a discrepancy in the way eligibility was calculated since dual enrollment classes view a 92 or above as an "A," while the superintendent's honor roll designation uses the  94 average or above as an "A." She suggested that in classes which are dual enrollment courses, the college definition of an "A" should apply and carry over to the superintendent's honor roll designation.
  In other business, North Grundy School Board Member Don Newberry said he had a statement to make regarding school board responsibility, but said he would defer the overall discussion to December after discussing the matter with Attorney Tom Scott, who was not present for the meeting. Vern Presley filled in for Scott at Monday's meeting.
  "The school board is here to make policy and the administration carries out that policy," Newberry said.
  The exception would be when things are referred back to the school board to decide, he suggested.
  Superintendent Tommy P. Justus said Scott had told him he would look at the state code and report back to the board as to what the codes calls for as far as school board member responsibility goes.

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