THE AUSTRALIAN [Higher Education Section] 10 Jan 1996 MISSING FILE LEAVES RINDOS IN LIMBO By Ross Storey A missing University of Western Australia personnel file is delaying any further action by internationally respected archaeologist Dr David Rindos in his push to clear his name after he was refused tenure amidst ructions centred on the university's department of archaeology Dr Rindos said he had recently been questioned by a private investigator he claimed was hired by the UWA in an effort to locate the file that was thought to be pivotal to his case. He told the HES his lawyer had advised the UWA Visitor, the West Australian Governor, Major General Michael Jeffery, that an appeal against the refusal of tenure would be lodged, and there was no time restriction on when this could take place. As a Visitor, Major General Jeffery has jurisdiction over all matters of dispute relating to the internal affairs of and management of the university. Dr Rindos said he had no choice but to continue fighting to clear his name to ensure his future employment, but visitorial appeals were very expensive and they were not part of the public record the way an appeal to a court might be. "In the past three months, we've hit a bit of brick wall because of the missing personnel file, because that is where the university's case is felt to be, and they can't find it -- it's gone walkabout," he said. The missing file came into fresh focus after a renewed attack on UWA in the West Australian Parliament over its handling of problems in the archaeology department. Labor MLC Mark Nevill made the attack in a lengthy speech to the State Parliament on December 14. Mr Nevill told the Upper House that a UWA review had shown that conditions in "archaeology constituted a scandal without precedent in the history of higher education in Australia, and one which was to be covered up rather than corrected." Mr Nevill said Dr Rindos had been set up as a scapegoat for the problems in archaeology, his denial of tenure "is the ultimate insult," and the archaeology affair was "unfortunately an unfinished chapter in that institution's history." But UWA's deputy vice-chancellor Professor Alan Robson, rejected Mr Nevill's allegations as scurrilous and one-sided. He said the speech did not provide new claims or information other that that disclosed and fully discussed in Kate Legg's article in The Weekend Australian of 28 - 29 October, 1995. Mr Nevill said that he had been involved in negotiations and discussions about the issues for 12 to 18 months and felt little progress had been made. "The affair at the University of Western Australia involves the exploitation of students in that department," Mr Nevill told Parliament. "There is also the sexual exploitation of students. I believe the University of Western Australia has abrogated its duty of care to the students in that department, some of whom have been forced to leave the department and continue their studies overseas." Mr Nevill said Dr Rindos "found himself shunned, harassed and victimised in the same way as the students who had motived his concern were harassed and victimised." Parliament was told the UWA administration failed to understand "the depth of feeling both within UWA and within the university community nationally and internationally." He urged Parliament to take an interest in the case because it went to the heart of how universities were run. "Universities should be autonomous but at the same time they should be accountable," he said. Professor Robson said that all the issues had been widely canvassed and discussed throughout the media and community and that nothing new had been offered by Mr Nevill. He said that UWA did not plant to take any action based on Mr Nevill's speech and Dr Rindos was not an employee of the University. In a previous letter to The Australian (November 1), Professor Robson said the university would be happy for Dr Rindos to take his case to the UWA Visitor. "As stated publicly many times, the university will be happy for this process to take its course, and is confident that the outcome will vindicate its handling of the case." "Having regard to the possibility of a hearing before the Visitor I consider it quite inappropriate to embark upon a public argument. "I can however say that the contract appointment offered to Dr Rindos in January 1989 was, as is normal, subject to review. "A rigorous review by a specially appointed committee, including a staff union observer, followed accepted and normal procedures in reaching a decision not to grant Dr Rindos a permanent appointment," he said.