Gerald D. Biby
509 Shugart Street
Beatrice, NE 68310

Darrell W. Nelson
Dear and Director
Agricultural Research Division
207 Agricultural Hall
Lincoln, NE 68583-0704

RE: Reschedule the hearing to end of October, 1999 and provide copies of documents, policies, information cited but not attached to your letter. Also, provide an explanation why this action is not in retaliation to my grievance against Don Helmuth.

The short notice (afternoon of September 23, 1999), the complexity of the issues you have cited and your failure to attach copies of the documents or policies you cite (that I no longer has access to as a result of being on administrative leave), a hearing on October 1, 1999 at 2:00p.m. is not appropriate.

I was bewildered and shocked when I read your letter that it was your intent to "consider corrective action up to and including dismissal" (of me) and that you had scheduled a meeting on October 1, 1999 at 2:00 p.m. to accomplish this objective. Although Bruce Currin is attending this meeting you specifically say, "Before 'I'(Darrell Nelson) make that decision." My observation is you intend to dismiss me and Bruce Currin is there to see it is done correctly.

Your letter states, "It has come to my attention that you have exceeded your authority and violated Board of Regents policy in the following specific instances." Since you have placed me on administrative leave, I do not have access to copies of any of the items in your letter. Please provide me a copy of the Board of Regents Policy that I have violated and identify specifically that provision(s) I have violated for each of the four instances in great detail so I can understand in laymen's terms just what it is I am expected to defend.

Hopefully it is you intent to abide by the provisions of due process and fair-play and provide me with access to information to be able to defend myself against your allegations. Who has brought these Board of Regents policy violations to your attention? Who was the original author of each instance cited in your letter? When where these instances brought to your attention and is what form? In your letter to me of June 3, 1999 (regarding discovery between the University and Corn Card) you directed me to ". . . provide immediate access to all business, licensing, tech transfer and research files, records, or communication relating to Corn Card International, whether in paper of electronic form . . . This requirement includes all such records within your possession irrespective of this origin." In my vocabulary I would say, give me everything that the University or off campus counsel has regarding your allegations against me (Gerald Biby).

You identified four specific instances where I have exceeded my authority. Please give me a complete copy of each specific document, highlight or identify the specific area in the document that you believe I have exceeded my authority and state in great detail your basis for believing there is a violation and attach a copy of all additional evidence, data, information that you or any university employee or on/off campus counsel possess and identify the source and why you believe it to be credible. This specifically includes the letters/memos/emails that you read from or were the basis for any questions you asked me in the April 1998 meeting including positions taken by Turan Odabasi, Walter O'Farrell, Don Helmuth and Dick Woods.

You are very much aware of the grievance I have filed against Don Helmuth regarding the issue of the licensing agreement and my belief that there were an intentional actions by Don Helmuth, and members of his staff to not honor statements that were made to Corn Card International, me (Gerald Biby) during the term of the licenses with Corn Card International, including discussions with Gemplus. Section 111.0 of the Grievance Procedure specifically states that, "It is the intent of UNL that employees who use the grievance procedure will suffer no retribution for having done so." It futher states, "UNL policy forbids retaliation against any employee based solely upon the employee's participation in the grievance procedure."

You also are aware of the grievance I have filed is now in Step 3, being reviewed by a grievance committee, with a report due to the Chancellor on October 4, 1999. I can only construe your actions to mean that it is your intent to dismiss me before the October 4, 1999 deadline so that they will not issue a report. This contradicts UNL policies, procedures and reeks of a lack of due process of any type.

Although I was under exceptional emotional stress at the time you were in my office, I believe that I heard you say that the hearing needed to be on October 1, 1999 because you would be gone for two weeks. Therefore I would expect a new hearing date to be after October 18, 1999, subject to me being able to have the items requested and reviewed in my possession prior to your departure. It the information is provided to me after October 1, 1999 I will need 10 days to review it and prepare my "defense" to your allegations.

Please provide all the information to your secretary and I will contact her and arrange to pick it up at your office. I also request that a duplicate copy of the information be provided to Dr. Milford A. Hanna, my supervisor. I will call your office on Wednesday (September 29, 1999) morning at approximately 9:00a.m. to learn the new time for the "hearing" and when I can pickup the items request and needed for my defense.

Thank you in advance for your fairness Dr. Nelson and willingness to hear "the rest of the story."

Sincerely,
 

Gerald D. Biby

P.S. I will hand delivery a copy of this memo to your office on Tuesday (September 28, 1999).[Keywords]