Gordon Gee on Massey's Safety Record, Alcohol Deaths, and WVU's Freedom Agenda

In his first year back as president of West Virginia University, Gordon Gee faced shrinking state funding and a high-profile student death on campus. He spoke recently with us about those challenges, and about his time serving on the board of directors for coal company Massey Energy.

Gee served as chairman of the Safety, Environmental and Public Policy Committee of Massey Energy’s board of directors before he resigned in 2009. Less than a year later, an explosion killed 29 men at Massey’s Upper Big Branch mine.

Former Massey Energy CEO Don Blankenship has been indicted on federal charges associated with Upper Big Branch and is awaiting trial. Gee declined to comment on the indictment.

“During my service on the Massey Board, that was clearly the focus on our board, was on safety and safety measures,” Gee said. “Saying that, it is probably inappropriate for me to comment on the indictment itself because I’m not engaged in it, I’m not familiar with it. I think this is a matter for the federal courts and a matter for them to resolve.”

Violations at Upper Big Branch were routine and widespread, according to Governor Tomblin’s independent investigation panel.

Its report says, “Massey Energy engaged in a process of ‘normalization of deviance’ that, in the push to produce coal, made allowances for a faulty ventilation system, inadequate rock-dusting and poorly maintained equipment.” 

Credit Mine Safety and Health Administration
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Mine Safety and Health Administration
Upper Big Branch memorial

Gee said that safety was “always our number one concern” during his time on the board, and that they were “working very hard to solve the problems we had,” he said.

“These are large companies. I ran Ohio State University, which is the largest university in the country, and West Virginia University, which is one of the very large, complex institutions, and I don’t know everything that goes on there. So you have to have that sort of trusting relationship of having good people doing good things,” Gee said.

Changing the Campus Culture

Gee also said he was working with students to change a campus culture that focuses too much on binge drinking.

Earlier this week, WVU student Richard Schwartz was charged with conspiracy to commit hazing in connection with the death of another student, 18-year-old Nolan Burch.

Credit Twitter
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Former WVU student Nolan Burch, who died last fall after a fraternity party

Burch died from apparent alcohol poisoning after a fraternity party last fall. Schwartz was his so-called “big brother” at the Kappa Sigma fraternity.

Gee said the problem is not unique to WVU.

“This is not a West Virginia issue. This is a national issue,” he said, citing a study showing more than 1,800 college students die nationwide from alcohol-related causes every year.

“We cannot condemn the many because of the excesses of the few. And all too many institutions do that, so they come down with these hammer-like rules.”

He says his administration is having a healthier conversation around the issue with students: “You’re adults, this is your university, you develop strategies to make it the kind of place you want it to be.”

WVU’s Freedom Agenda

WVU and other universities face another round of cuts in this year’s state budget– although less than the last two years.

Gee said he’s found “strong receptivity to funding higher ed” in the new Republican-controlled Legislature, and hopes the cuts will come to an end.

This year, another priority is what Gee called the school’s “Freedom Agenda.” He is seeking increased flexibility in purchasing, the state’s PEIA health insurance plan, and other state rules.

“Let us do good things with the limited resources that we have. Right now, we are very limited in our ability to be creative,” Gee said.

Credit Scott Finn
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WVPB’s Beth Vorhees and WVU President Gordon Gee

“West Virginians love West Virginia”

Gee spent part of the last year traveling to all 55 West Virginia counties. He said he learned something important: “West Virginians love West Virginia.”

“I’ve never seen anything like this. That, of course, is a great strength, our people.

“Whether they find themselves in Singapore or Shanghai or Keokuk, Iowa, they want to return or they want to stay here. So we have to build on that,” Gee said.

He said WVU has a role in not just educating students, but developing the sort of economy, social and cultural opportunities that make them want to stay in West Virginia.

WVU's New Engineering Research Building to Open in Fall 2015

West Virginia University’s new Advanced Engineering Research Building is on track to open in the fall of 2015.

Associate director of design and construction John Thompson tells The Dominion Post that construction of the main building is completed. Faculty and staff will begin transitioning to the new building in the spring.

The four-story building will have offices, classrooms, a learning center and graduate student space. It also will have an 8,000-foot clean room for students working on nano-technology.

A clean room is an environment featuring purified air.

WVU Delays Mountain State Purchase Decision

West Virginia University’s governing board is taking an additional week to decide whether to retain exclusive rights to purchase Mountain State University’s campus in Beckley.

Officials on Monday extended the university’s agreement to explore the purchase until Dec. 29. The agreement had been scheduled to expire at midnight Monday.

During the extension, university officials will continue to review academic possibilities and economic factors associated with acquiring an additional campus.

WVU President Gordon Gee announced last month that the schools had entered into an exclusive agreement to evaluate the possible purchase. Mountain State closed after it lost its accreditations in 2012.

The University of Charleston took over Mountain State’s campuses in Beckley and Martinsburg so students there could complete their degrees.

After Living Next to Drilling Activity, 100 W.Va. Residents Sue Companies

Nuisance and negligence lawsuits have been filed this year throughout West Virginia related to horizontal drilling activities. Noise, air, and water pollution, traffic and debris are among complaints. It’s a new industrial world for many West Virginians living in the growing rural gas fields.  

Gas Moved In Next Door, And Made Itself At Home

Lyndia Ervolina stood in her front yard, 75 feet or so from Route 50 in Doddridge County. She pointed to several heavy trucks passing by.

“They’re hauling water, they’re hauling sand, they’re hauling that silica sand, they’re hauling frac fluid. Anything you can think of,” she said with a strained tone in her voice.

Drill cuttings, heavy machinery, pipe… Ervolina sees it all from her front porch. For the past thirty years, she’s lived in her charming home that rests in a nook off of Route 50, but she says the traffic wasn’t an issue until four or five years ago when horizontal drilling took off in this neck of Doddridge County. She’s not an industry expert, but she well-knows what it’s like to live surrounded by horizontal drilling operations.

Gas has moved in to Ervolina’s yard, literally. She has a beautiful garden that’s clearly seen years of work, but it’s fallen into disrepair. And if you linger there, it’s not too hard to guess why.

There’s a heavy odor wafting through the air that makes you worry about the presence of open flames. Ervolina said it comes from across the street.

“I have a condensate tank up there that they blow off right across the road that they put in when they put the pipeline in. I have no idea why they put it right across from us,” she said.

Condensate tanks are used to clean gas as it goes through lines, to remove impurities.

“And they just blow it into the air,” Ervolina said. “So when it gets blown off into the air it comes to my house.”

Lyndia Ervolina doesn’t own any mineral rights on her two-acre lot; she gains nothing by living within arms-reach of such industry. Companies have no legal obligation to explain what they’re doing even if it’s happening right across the street; and there’s no forum to facilitate communication. She and her family are left to wonder and worry.

She says moving away isn’t off the table, as many others have already done. But it’s a painful thought to entertain.

“My house has no value now and I wonder if I should take what money we have left and invest it in the house or just figure that we might have to move out of here. It kind of leaves you just in this limbo. I just turned 67 and my husband is 68 and … it’s kind of hard to start over.”

Mass Litigation

Ervolina’s story is one of many in the northern gas fields. Over the past year about fifty cases and about a hundred claimants have filed suits mostly in Harrison and Doddridge counties, but also Pleasants, Kanawha, Ritchie, Marion, and Monongalia.  Citizens are filing suit against several companies including Colorado-based Antero Resources, West Virginia-based Hall Drilling, and Pennsylvania-based EQT. The negligence and nuisance claims are coming from residents and property owners like Ervolina last who live in the vicinity of oil or natural gas drilling activities.

I drove around and spoke with other residents in the community who are worried about air and noise pollution. But few are willing to publicly voice concerns because they don’t want to openly criticize economic development in their rural backyards. Some members of the community get paid to do odd jobs for gas companies like monitor traffic, or help clean up spills. Still others like Ervolina who are filing suits and have been advised by legal counsel not to discuss their issues; and if their cases are settled, they are often legally forbidden from discussing problems as part of the legal settlement.

Attorney and co-founder of the West Virginia Surface Owners Rights Organization, Dave McMahon explained that these nuisance suits aren’t very common.

“That’s because there’s often not enough money in one nuisance case for a lawyer to be able to bring the case on a contingent-fee basis,” McMahon said. “And very few people living out there in the country have the money to pay a good lawyer and hourly-basis to bring one of these cases.”

McMahon is not the lawyer filing THESE cases, but he was present when the fifty-or-so cases filed in the state were compiled into a mass litigation suit–which is when many similar cases are compiled to be heard and judged on simultaneously to avoid conflicting rulings and a clogged court system. McMahon says this kind of legal action is the only recourse people have.

“The Horizontal Well Act that was passed a couple years ago didn’t do what it should have for surface owners–we say.” McMahon said. “There were a number of studies put in instead of surface-owner protections. The studies were conducted by WVU and other places. The studies made recommendations to give better protections to surface owners. But neither the DEP nor the legislature have made those changes. So, what we have to hope is that these actions in the court will protect people and will deter the industry from doing the kinds of nuisance things that they’ve been doing.”

***We reached out to Antero, EQT, Hall Drilling, and the WV Oil and Natural Gas Association for comment on this story but got no replies.

WVU Revokes Charter from Second Fraternity

West Virginia University says a second fraternity has had its charter revoked by its national office.

The Morgantown school said Thursday that Beta Theta Pi has informed the university that the local chapter’s charter had been pulled “based on past behavior issues.”

The Charleston Gazette reports that the move comes after Kappa Sigma fraternity’s national office informed WVU last week that the school’s chapter had been suspended since mid-October.

WVU suspended social and pledging activities at its campus-affiliated fraternities and sororities last week following two recent incidents.

Eighteen-year-old freshman Nolan Burch died last Friday after police said he was found unconscious and not breathing at the Kappa Sigma fraternity house. Morgantown Police Chief Ed Preston confirmed the Nov. 12 incident was alcohol-related.

WVU Offers Students Bus Trip to Classmate's Funeral

West Virginia University is providing transportation to the funeral of a student in Buffalo, New York.

The university says Nolan Burch’s funeral will be held at 10 a.m. Thursday at Calvary Episcopal Church in Buffalo. The 18-year-old freshman from Williamsville, New York, died last Friday.

WVU says a charter bus will depart from the Mountainlair at 3:30 a.m. Thursday and from Summit Hall at 3:45 a.m. Students will return to Morgantown following the service.

Police have said Burch was found unconscious and not breathing at the Kappa Sigma fraternity house. Morgantown Police Chief Ed Preston confirmed the Nov. 12 incident was alcohol-related.

WVU has ordered a halt to all activities at its fraternities and sororities.

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