Gerald D. Biby
509 Shugart Street
Beatrice, NE 68310
Home Phone (402) 223-0100

Suzanne Drew, Ombudsman and Director of Employee Relations
University of Nebraska
Department of Human Resources
P.O. Box 880438
Lincoln, NE 68588-0438

RE: Grievances against Dr. Darrell Nelson, others unknown to me at this time

On November 12, 1999 I received a letter from Dr. Darrell Nelson terminating my employment at the University of Nebraska. Based upon a review of the incidents that have taken place over the last 12 months, I believe that Dr. Nelson has targeted me because I possessed information regarding the activities between Corn Card International and the University that was detrimental to the University. The information demonstrated that the University failed to honor statements made to me, Corn Card International and possibly others.

Based upon my understanding of the grievance process, it appears that my grievance covers the following topics:

• Violation of the University Grievance policy (retaliation).
• Violation of Due Process in the hearing process (failure to provided documentation, requested by me prior to the hearing, that Dr. Nelson agreed to provide (in writing) so I could prepare a rebutal (defense) of the alleged accusations.
• Violations of the First Amendment, Fourth Amendment and Fourteen Amendment of the Constitution of the United States of American and similar protections afforded citizens of the state of Nebraska
• Violation of Privacy Policy in Executive Memorandum No 16 (by being a party to the unauthorized search of my computer on June 4, 1999).
• Inappropriate handling or release of confidential or other information not authorized for release including, but not limited to client information and personnel information improperly copied from my computer (by being a party to the unauthorized search of my computer on June 4, 1999).
• The failure of Dr. Nelson to recognizes that he and senior university officials signed the authorization for my reclassification to the position of Technology Transfer Coordinator and that it was approved and that is my title and I have the power and authority as included in the job description.
• Threats or acts that affect or are perceived to affect the safety, health, or well-being of another person (the use of intimidation, coercion and other deflamatory activities between January 18, 1999 and to the present).
• Failure to maintain satisfactory working relationships with students, the public, other employees, or supervisors (the use of intimidation, coercion and other deflamatory activities, including a failure to acknowledge the rights of inventors under the Board of Regents Bylaws regarding the University's need to accept an offer of invention within 6 months)..
• Behavior not in the best interest of the University
• Violations of other policies, procedures, memorandums that I am unaware of at this time

It is my belief that Dr. Nelson and other administrators and employees are responsible for my dismissal from the university, in direct violation of the retaliation provisions of the grievance process and that I was not accorded due process during the corrective action time that resulted in my dismissal or equal protection of my rights as an employee, citizen of Nebraska and the United States.

This is a situation of killing the messenger for the message. The Grievance Appeals Committee recognized this and found against Dr. Helmuth. This grievance is now having to again focus of the events surround the Corn Card International incident AGAIN. This time the player in the cast in now Dr. Nelson and not Dr. Helmuth.

This grievance revolves around the same topic as the grievance against Dr. Helmuth, i.e. the licensing agreement between the University and Corn Card International. This grievance would not have occurred if it were not for Dr. Nelson's and "probably" others decision to fire me. In the compilation of written information that I had previously gathered, for the Don Helmuth grievance, it was demonstrated that the University knew, or should have known of the developing relationship between Gemplus and Corn Card International It also proved that the Technology Transfer Office (Turan Odabasi) was aware of Corn Cards request to extend its license by January 8, 1998 and that statements made by me in a January 16, 1998 letter to Bill Brown are consistent with my discussions with Turan Odabasi and his activities at that time.

Additional documents proved beyond any reasonable doubt that Corn Card International was in communication with the Technology Transfer Office regarding extending their territory and allowing financial cards to be included in their license through 1998. And that Gerald Biby was acting as the messenger for the Technology Transfer Office (Turan Odabasi) and by virtue of the mandate given to him by Milford Hanna, based upon Dale Vanderholms approval on November 17, 1998, to go ahead with the Gemplus transaction.

Further the tape recording of Don Helmuth's conversation with William Brown on January 20, 1999, demonstrates that what he was telling Mr. Brown, and myself in December 1998, was that the Gemplus - Corn Card deal would go through and that UNL was not trying to break Corn Card's License, rather it was concerned about Cargill. The excepts of the depositions from Turan Odabasi and Don Helmuth that are included in the Dr. Helmuth grievance file, with relevant portions underlined that need to be read to fully appreciate that fact that Gerald Biby's belief was based upon information provide to him by people he had no reason not to believe.

The fact that violations I have listed are "unintentional" does not excuse the misconduct. Ignorance is not a defense. We have all heard people attempt to justify their actions and all of us have known instinctively that justification amounted to a confession of guilt. This is a downward spiral. One commits overt acts unwittingly. He then seeks to justify them by finding fault or displacing blame. This leads him into further overt actions against the same people which leads to degradation of himself and sometimes those people.

With the arrival of the "corrective action" proposed by Darrell Nelson on September 23rd it appears that not only Don Helmuth and his Technology Transfer Office are responsible for what has happened, but other administrators too. My initial request was for nothing more than an apology and having to have both my name and records cleared. That is no longer the case. .

How the University wants to play out my this corrective action and grievance is up to them. I can only say that any offer I have made to settle for anything less than full vindication of both my actions and that of Dr. Milford Hanna and the Industrial Agricultural Products Center represent is only a small part of what is needed, for what has happened to me. How will this final play out, will it be in the new papers, the courts, both or neither, I do not know. Yet one thing is certain. The Center with the most prolific publication record and the most successful record of research with businesses on the East Campus has been destroyed and will never be the same. Too high a price has been paid by to many. Or was the price to high?

Background information about this incident and the earlier ones, including Dr. Nelson's direct order to make my computer available to UNL police on June 4^th 1999 is documented in two forms. First is a video tape that includes a phone conversation on June 2^nd 1999 with Dr. Helmuth. Included in the Dr. Helmuth grievance files is a copy of the actual video tape on the precursor encounter of the June 4^th 1999 incident that took place on June 3^rd 1999. In addition, an audio taped meeting with Dr. Helmuth, Dr. Nelson, Dr. Hanna and myself that took place on the afternoon of June 3^rd 1999. Then the tape of the actual incident on the morning on June 4^th 1999 until the time the police computer consultant began searching my computer. The search was coerced because I was given a direct order (in writing on June 3^rd 1999 by Dr. Nelson) to provide/allow access to all files relating to Corn Card International. Between the direct order from Dr. Nelson and the fact it was the police, I did not believe that at the time that I could stop them without the risk of being dismissed.

The video tape in the Dr. Donald Helmuth grievance file, includes part of the information upon which this grievance is being filed. It should not be considered as all the information that I have; but it is only representative information to demonstrate that Dr. Nelson's actions on June 4^th 1999 are part of a pattern of conduct against me.

A more detailed upstanding of the events surrounding this grievance can be see in the hundreds of pages of documents in the Dr. Donald Helmuth grievance files that I want to also be part of the record for this grievance. Additional information is also available and if needed can be provided,

I have done what I was hired to do and I maintained modest records of the events that lead us to this place. However, my possession of these Corn Card International related files, email and audio tapes made me the target. And now, University policies and probably numerous state and federal laws have been violated

There are several requests I would make to the University that will move us toward resolving the incident(s):

• Please have Dr. Nelson send me a contrite and unqualified apology for the events of dismissing me that can be posted in the staff break room in L.W. Chase Hall.(Until the grievance against Dr. Helmuthis resolved and because Dr. Nelson signed the letter to me that was part of the search this appears to be appropriate in this grievance).
• Full reinstatement, retroactive pay and benefits, vacation, sick leave, etc. to the day of my dismissal (being fired) by the University.
• A letter acknowledging that Dr. Nelson recognizes that he signed the authorization for my reclassification to the position of Technology Transfer Coordinator and that it was approved and I have the power and authority as included in the job description.
• Removal of all references to any negative aspects of this dismissal from all university files, without exception.
• Send a letter to all individuals that received a copy of the files and e-mail from my computer stating that with the exception of the information regarding Corn Card International, the other information was improperly copied and should be treated as confidential and not discusses with anyone, including being used in any legal proceeding, except by my expressed written consent. (Until the grievance against Dr. Helmuth is resolved and because Dr. Nelson signed the letter to me that was part of the search this appears to be appropriate in this grievance).
• Expunge police case file 99-1019 from the University Police Department files and all information relating to their activities on this case that took place before, during or after June 3rd and June 4th and provide a letter to me that the records have been destroyed. (Until the grievance against Dr. Helmuth is resolved and because Dr. Nelson signed the letter to me that was part of the search this appears to be appropriate in this grievance).
• And such other actions appropriate based upon the egregious acts perpetrated against me.

Thank you for your time and attention to this request.
 

Sincerely,

Gerald D. Biby
 

Please provide copy of all correspondence, reports, ect, to those people listed below who received a copy of this grievance letter.

xc: Deputy Ombudsman Terry Ford
Senator Dennis Byars
Dr. Milford A. Hanna

P.S. You are hereby directed to consider all the information that is included in the grievance file June 21, 1999 (or there about) against Dr. Donald Helmuth to be in the public domain. As claimant of the grievance against Dr. Helmuth I have the right to remove that information from being confidential. All the information I submitted in that grievance, is hereby annexed as documentation and support for this grievance against Dr. Nelson. The information in the public domain is "everything"and is not limited. All documents I submitted, audio tapes, video tapes and recorded testimony is NO LONGER CONFIDENTIAL. This also includes the grievance appeals committee report that was filed on October 11, 1999.

Attachments: September 27, 1999 letter requesting hearing date to be rescheduled
September 27, 1999 email from Darrell Nelson agreeing to reschedule
October 1, 1999 letter from Darrell Nelson setting new hearing date
October 12, 1999 letter submitted by Gerald Biby at hearing
October 8, 1999 email from Bill Brown to Gerald Biby about deposition question
October 12, 1999 Except from hearing written by Gerald Biby, after hearing
November 8, 1999 letter from Darrell Nelson terminating Gerald Biby
November 10, 1999 letter from State Ombudsman to reinstate Gerald Biby
October 11, 1999 Helmuth Grievance Committee report support Biby grievance
June 21, 1999 Grievance filed against Donald Helmuth, including supplemental information submitted to the grievance committee that the University has in the Donald Helmuth Grievance file and has not be copied (again).