University of Missouri to Pay Reactor Whistleblower $305,136 to Settle Suit
By Nate Carlisle, Columbia Daily Tribune, Mo. Knight Ridder/Tribune Business News - May 24, 2004
The University of Missouri will pay $305,136 to settle a lawsuit with a former research reactor whistle-blower, according to federal court documents.
"It's, in my opinion, a very good settlement of his case," Michael
Berry, Yelon's lawyer, said this morning.
The signed settlement was filed Friday in U.S. District Court for the Western
District of Missouri. A judge must approve the agreement, and Berry said he
expects that approval soon.
Yelon's case dates to 1999, when he spoke to the U.S. Department of Energy
about the level of commercial activity at the reactor. Former reactor Director
Ed Deutsch responded by sending Yelon a disciplinary letter that said such a
conversation was not authorized.
Yelon retired from his faculty position at the reactor in 2000 after his
contract was not renewed, but he returned later to visit with graduate students
he was supervising.
The scientist has said he initially was allowed inside the facility, but
after a half-hour was given a letter from the reactor director that said he must
be escorted out. In July 2001, Deutsch left the reactor, but Yelon was
subsequently denied access by the interim director, Ralph Butler.
Butler claimed Yelon's presence at the reactor was not needed to supervise
his students, that space at the reactor was limited and Yelon was considered a
security threat. Butler alleged Yelon made a reference to Deutsch, saying,
"Someone ought to shoot that son of a bitch."
In December 2002, Yelon filed a two-count complaint in federal court against
the university and multiple administrators. The lawsuit claimed the parties
violated Yelon's right to free speech.
In the settlement, UM will pay Yelon $213,000 for emotional damages, damages
to his reputation and for his claim the university violated his First Amendment
rights.
The university will pay another $92,136 to reimburse Yelon for his court and
attorney expenses.
UM also will make available personnel and reactor resources necessary for
Yelon to conduct his research or assist graduate students under his supervision.
Yelon, however, will not be admitted into the facility unless reactor or campus
administrators invite him.
"His main concern was being able to continue his scientific research,
and we think this accomplishes that," Berry said.
Yelon remains an adjunct professor in the chemistry department at the
University of Missouri-Rolla. His research interests include the study of
electronic and structural properties through a technique known as neutron
scattering, which can be accomplished with a nuclear reactor.
Berry said the settlement does not require UM to admit wrongdoing. UM and
Yelon declined to comment this morning.
Yelon's was one of numerous lawsuits related to the reactor. Deutsch sued
Ronald Berliner, another former reactor scientist who spoke with federal
officials, for defamation in Michigan, Illinois and Tennessee -- states where
Berliner e-mailed information about Deutsch to colleagues.
Deutsch lost the case in Michigan, but an appeal is pending. The Illinois and
Tennessee cases are still pending at the circuit court level.
In 2002, Deutsch sued the university for wrongful termination. That case is
pending in Boone County Circuit Court.
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