Question: Why didn’t Gavilan College catch
”
Larry
”
McGrew?
Answer: We did!
I am writing in response to the recent editorial questioning
Gavilan College’s hiring practices in the instance of
”
Larry
”
McGrew, the assistant football coach recently arrested and
charged with false impersonation. The Free Lance editorial directly
accused college staff of dishonesty and of perpetrating a
”
cover up.
”
These are untrue and damaging accusations, which fall far short
of the fair and balanced reporting we expect.
I’d like to address the issues that you raised.
Question: Why didn’t Gavilan College catch “Larry” McGrew?
Answer: We did!
I am writing in response to the recent editorial questioning Gavilan College’s hiring practices in the instance of “Larry” McGrew, the assistant football coach recently arrested and charged with false impersonation. The Free Lance editorial directly accused college staff of dishonesty and of perpetrating a “cover up.” These are untrue and damaging accusations, which fall far short of the fair and balanced reporting we expect.
I’d like to address the issues that you raised.
Your editorial begins by expressing disbelief that a former NFL player would seek a position as an assistant coach at a community college. As the editors surely know, he would hardly be the first. Gavilan College has had a former NFL player (Paul Latzke) on the faculty for years. Irv Pankey (13 years in the NFL) is an assistant coach at College of the Sequoias. Tony Brown (4 years in the NFL) is at College of the Canyons. Former 49er and Cowboy star Leon Donohue coached for 27 years at Shasta College. There are former NFL players coaching and assistant coaching at Fullerton College, Contra Costa College, Orange Coast College… I could go on. A rudimentary search on the internet quickly turns up community colleges across the country with former NFL players among their coaches. To tell your readers that community college teams are somehow beneath the interest of highly qualified athletes is insulting to our staff and student athletes and is just plain wrong.
Your editorial claims that Gavilan College ignored a number of discrepancies in Mr. McGrew’s paperwork (social security card, different name spellings, inconsistent dates, etc.) These discrepancies were not discovered by your reporter, nor were they discovered by the police. They were discovered as a result of the employment screening process and turned over to law enforcement by Gavilan College. Gavilan College removed the employee and called the police, leading to his capture and arrest, and the subsequent media coverage. This would hardly seem to be “ignoring” the problem.
Indeed, it now appears that Mr. McGrew may have worked at other colleges under his assumed identity, and none of them reported it or took any steps to prevent him from doing the same thing again. They didn’t even mention it during the reference checks. Apparently Gavilan College is the first to take action to prevent further abuse of the public’s trust. By doing so we have put an end to the chain of deceit and have ensured that no other college will be victimized by this identity scam.
The editorial erroneously states that Mr. McGrew listed a birth date on his employment application. The public needs to know that the age of an applicant cannot be considered in his hiring: date of birth is not asked on Gavilan College employment applications.
It seems the editors primarily take issue with two key points: 1.) Why was Mr. McGrew permitted to work before the employment screening process was completed? and 2.) Why did staff refuse to provide details about Mr. McGrew’s employment documents to reporters?
First, the timeline: Ideally, all screening will be completed before employees begin work. In some instances, however, applicants may not be available early enough, or a vacancy may occur suddenly. College semesters have a definite start date. We will occasionally have an employee begin work on an emergency appointment (as provided by Section 88003 of the California Education Code) pending completion of employment paperwork, in order to serve students without interruption. (In the private sector, this would be called “hiring a temp.”) Such employees are warned that they will not be paid without presentation of the required documents. Failure to comply within three days (the law allows 90 days under certain conditions) is grounds for dismissal. If college employees erred in this case, it was in allowing Mr. McGrew more than three days to produce his documents prior to terminating him.
McGrew was employed as a “professional expert,” hired to provide a specific professional skill or knowledge, for a specific and limited period of time. He was to have been paid a total of $2,000. The hiring process for each category of employee is commensurate with the responsibility and duration of the position, and is sufficient to provide reasonable assurance. It is more extensive when appropriate: for example, faculty members are screened and interviewed by a hiring committee. The process takes months and costs thousands of dollars in staff time. As all employees begin work on a probationary basis, if a problem is found with their performance or discrepancies are found in their documentation, employment can be terminated.
The second issue is employee privacy. We know it is frustrating to reporters when staff cannot disclose specifics about an individual’s personnel records. This is not evidence of a cover-up, however; it is evidence that the staff is obeying the law. The Federal Privacy Act of 1974 prohibits the disclosure of personnel records without the consent of the individual to whom those records refer. In addition, California law prohibits the release of “personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy.” The California Constitution recognizes a right to privacy (Article I, Section I.) Mr. McGrew has been charged with a crime. He is no longer an employee of Gavilan College. But he still has rights.
I have spoken with every staff member involved and personally reviewed all pertinent documents. I find that staff members acted with diligence in researching, checking their facts and presenting clear evidence to the police. They didn’t act rashly, in response to rumor, hunch, or allegation, but built a solid case with all the documentation before them. They took care not to make a false accusation and to protect employee privacy. In trying to “work with” a new employee who was filling in on an emergency basis and had traveled a long distance to take the job, staff was overly generous in allowing Mr. McGrew extra time to produce all documents. However, he never became eligible to be paid, and was finally let go. He received no public funds.
It should be noted that all college procedures are subject to a continual process of review and improvement. If, through further review, it is determined that additional changes must be made to the procedures, then these will be studied and implemented through the ongoing review process. Please rest assured that the Board of Trustees has been fully informed.
I feel compelled to comment on the vicious tone of the editorial, which was inappropriate, libelous and unwarranted. The public has no reason to doubt that Gavilan College is meeting the standards of accountability and performance expected of public agencies and institutions of higher education. We will defend our practices when we feel we acted appropriately. When mistakes are made, I will not hesitate to take appropriate corrective action to protect the institution and the reputation of the college. Graduates can continue to be proud of the educational accomplishments they have achieved through Gavilan College.
To properly serve the residents of this district, Gavilan College must have facilities comparable to all other public institutions of higher education. We must be competitive on every performance measure and we must be given a fair audience in the media. In my opinion, the editors have a responsibility to provide fair and balanced commentary. We will take appropriately placed criticism. This however, is one time when it was not appropriate.
Steven M. Kinsella, DBA, CPA,
Superintendent/President, Gavilan College
