Legal, policy issues arise with UAFS police force

story by Michael Tilley
[email protected]

Matters involving potential wrongful termination and misuse of a weapon appear to be revolving around the University of Arkansas at Fort Smith campus police force.

Documents obtained by The City Wire through the Arkansas Freedom of Information Act  indicate at least four incidents and issues facing UAFS officials:
• The alleged wrongful termination of former UAFS patrol officer Mike Burcham;
• An allegation that a UAFS patrol officer was given a weapon and ammunition with no prior police training or qualification on a gun range;
• An allegation that a UAFS patrol officer was sitting inside the UAFS “troop room” and was pulling the trigger of a gun — without the ammo clip — aimed at a wall; and,
• The issue of an August 2001 restraining order issued against Kevin Thiele requiring him to stay away from his ex-wife and children. Thiele was hired by UAFS in April 2003, and now serves as the chief of the UAFS campus police.

WRONGFUL TERMINATION
According to a May 3 letter from Burcham attorney Kevin Holmes, Burcham was fired on April 19 because Thiele said he was “not a good fit.” Burcham, who has 21 years in law enforcement and 7 years with the University of Arkansas police force, began with the UAFS police force in April 2009. Burcham, 41, lives in Van Buren, and sought the job to avoid the daily commute to Fayetteville.

Holmes said in his letter that Thiele and the university failed to follow the official employee handbook policy when terminating Burcham. According to the handbook, employees are evaluated after the first six months of employment.

“Mr. Burcham never received an ‘evaluation’ during his employment with the University. In addition, Mr. Thiele’s claim that Mr. Burcham was still within the ‘one-year probationary period’ is clearly a fabrication to cover up other reasons for his termination,” Holmes noted in the letter sent to UAFS Chancellor Paul Beran.

Holmes requested UAFS officials conduct hearings or meetings to “satisfy our grievance with the University Police Department,” Holmes wrote.

The letter to Beran also included copies of several e-mails from Thiele that included praise for Burcham.

UAFS responded with a letter to Burcham and Holmes. The May 12 letter from Beverly Gilstrap, UAFS director of human resources, to Burcham officially informed him that the the university “does not allow attorneys to be present during internal investigations of discrimination.” She requested Burcham send her information supporting his claim and a list of witnesses.

Adria Kimbrough, associate general counsel for the University of Arkansas system, responded May 10 to Holmes. She noted in the letter: “UA Ft. Smith takes allegations of unlawful discrimination very seriously. The University will be working diligently to investigate Mr. Burcham’s allegations and will take any action that may be appropriate.”

Holmes said UAFS recently concluded its investigation of Burcham’s claim and found no wrongdoing with Thiele’s actions.

Burcham has since filed a complaint with the federal Equal Employment Opportunity Commission. Holmes expects EEOC action within six months. The action could include mediation or a “right-to-sue” letter from the EEOC. The letter, Holmes explained, does not imply Burcham would or would not have a legitimate claim, but is part of the process in which Burcham could then seek relief in a state or federal court.

A court win could be expensive for the university. Civil penalties could include back pay, “front pay” — to account for Burcham potentially serving more years with the UAFS force — and attorney’s fees. Burcham’s annual salary was $27,623. A Burcham win could also bring hefty punitive damages if actions were found to be malicious.

PATROL OFFICER ALLEGATIONS
On May 6, a UAFS student sent a lengthly e-mail to Dr. Rita Barrett, chair of the department of behavioral sciences, explaining the student’s concerns with the UAFS police department. The student said a UAFS patrol officer was given a weapon and ammunition with no prior police training or qualification on a gun range. Also, a UAFS patrol officer was sitting inside the UAFS “troop room” and was pulling the trigger of a gun — without the ammo clip — aimed at a wall.

The student says a complaint about the officer receiving a weapon with no prior training resulted in a superior saying the practice was common.

“I was told that this has been the general practice of the department in the past and beyond that, it seemed as though the book were closed. While it may very well be the general practice of this department, that does not make it the correct practice and it certainly is not a general practice within the law enforcement profession,” the student noted in the e-mail.

The student also said the concerns were addressed to a superior one week prior to the e-mail, but the concerns were “totally brushed off and dismissed.”

The e-mail on May 7 reached the office of Ray Wallace, UAFS provost and senior vice chancellor. Wallace sent the following e-mail message to UAFS Vice Chancellor for Finance and Administration Mark Horn: “This student’s e-mail concern (see e-mail below) about a police officer landed on my desk and I think you should get it too since it is really about one of your charges (I don’t know the new officer that this student is referring to). This might need looking at pretty quickly to see if these concerns (especially the one about pointing a firearm) are legitimate.”

Horn did investigate the matter, according to information provided by Matthew McCoy, associate general counsel for the University of Arkansas system.

McCoy noted in a response to The City Wire: “Dr. Mark Horn interviewed the student to investigate the matter. The officer was corrected by another UAFS police office at the time of the incident and received further instruction.”

Holmes said allegations by the student are part of a “pattern” Burcham was trying to help Thiele understand and end. Burcham, according to Holmes, was with a UAFS officer when the officer pulled his weapon from the holster and chambered a round while walking through the halls of a campus building. Also, Holmes said a UAFS police officer repeatedly called a young Hispanic student department worker a “beaner.” After many weeks of this, the female worker “left crying from the harassment she was getting,” Holmes said.

“I think there are lot of those and other underlying issues that Mr. Burcham was trying to get settled,” Holmes said. “But he (Thiele) felt threatened by the whistleblowing and believed Mr. Burcham was out to get his job.”

RESTRAINING ORDER
Prior to Thiele being hired by UAFS in 2003, his wife, Terrie, was granted a restraining order against him.

“I am afraid that he might snap. He has before. He tried to pick a fight with a friend of mine a couple of nights ago at the soccer field with parents and kids everywhere. It’s like he doesn’t care. It’s like he always knows where I am. This always happens in front of our son,” Terrie Thiele wrote in her Aug. 2, 2001, request for a restraining order.

The six-month restraining order granted Aug. 9, 2001, prevented Kevin Thiele from being in or near Terrie’s home in Waldron or her place of work in Waldron.

Holmes says the protective order is relevant despite it being issued 9 years ago.

“If they (UAFS officials) did investigate (Thiele’s background) and still made him chief of police, I don’t think that’s wise to have someone in a leadership role that’s had a protective order against him,” Holmes said. “It shows poor judgment on the part of the officer and I think it shows poor judgment by the university.”

According to information provided by Matthew McCoy, associate general counsel for the University of Arkansas system, the university did not know of Thiele’s restraining order when he was hired in 2003, and only learned of it when Holmes sent the May 3 letter.

Holmes said he and Burcham don’t want to hurt the university, and Burcham sincerely would like to return to the UAFS force. Holmes said Burcham has “thick skin, doesn’t hold grudges, loved the students” and would go back if he could. The goal, Holmes said, is to stop a “growing problem” that could harm the university.

“There’s just a pattern of behavior over there that needs to be stopped. … The university has so much potential, and this is something that could really hold them back,” Holmes said.