ANNUAL REPORT
TO THE FACULTY SENATE
COMMITTEE ON ACADEMIC FREEDOM AND TENURE
Annual Report,
2007-2008
April 14, 2008
Susan
Wilson-Sanders, Chair
Patricia B. Hoyer, Vice Chair
Mission Statement:
The Committee on Academic Freedom and Tenure (CAFT) shall have jurisdiction to make inquiry in two general areas: 1) matters involving contractual agreements between members of the General Faculty and the University/Board of Regents; and 2) internal matters relating to grievances against or by any member of the General Faculty. Protection of academic freedom and tenure is a principal obligation of CAFT. CAFT shall review, investigate or hold hearings, as necessary.
Committee actions:
1. Three Cases were heard during the year in formal hearing processes. These were as follows:
A. A case was brought by a faculty member against his current department head with issues related to violation of academic freedom and mishandling of Family Medical Leave. The case was heard by a panel chaired by Susan Wilson-Sanders. The case was heard without attorneys representing either side or the CAFT panel, and meetings were held on SEQ CHAPTER \h \r 1August 24, 31 and September 7, 2007. The Panel did not find evidence of violations of academic freedom by the current department head. Issues related to Family Medical Leave were resolved at the hearing. The panel did find evidence that the grievant’s academic freedom had been violated by PREVIOUS departmental and college administrators.
The President upheld the findings of the CAFT panel, clearing the department head. Since the findings related to previous administrators were not part of the original complaint brought by the grievant, the panel’s recommendations in this area were referred back to the department and college for their review and action. Two members of the CAFT panel met with the department head and faculty member after the conclusion of the case hearing to help facilitate reinstating communication between the grievant and respondent. Acting as members of the faculty, aside from CAFT, these two CAFT members continue to work with both parties.
B. The second case involved dismissal of a tenured faculty member from the College of Medicine. All parties were represented by counsel. Dr. Judy Brown served as Chair of the panel, which included a physician expert. The Committee heard from a dozen witnesses over more than twenty-one hours during four days (and nights). The hearings were closed on January 4, 2008 with the submission of final written arguments.
ABOR Policy 6-201J(1a) states that “Tenured faculty members shall not be dismissed or suspended without pay except for just cause.” After hearing and reviewing all the testimony and documents provided in this case, the hearing panel unanimously concurred that the University did not prove just cause. The panel wrote the President supporting the grievant and recommended reinstatement. The President did not support the CAFT hearing panel’s report and moved forward to dismiss the faculty member. The faculty member has since submitted a request for reconsideration to the President, seeking to be reinstated.
C. The third case involves dismissal of a tenure-eligible faculty member following his third year review. Dr. Roberto Guzman has served as Chair of the hearing panel. This case has not, yet, concluded; however, the hearing portion was completed on April 8, 2008. The case is complicated by the fact that the grievant is on a visa, which requires his having work to remain in the country. Numerous delays have occurred in this case including an extension for the Committee on Conciliation, the Holiday Shut Down, the respondent’s spring travel and vacation plans, Spring Break, and CAFT members’ teaching, research and vacation schedules. As a result, the case cannot be concluded before the grievant’s fourth year contract expires. The CAFT panel Chair has written the President asking for an extension of the grievant’s contract until the grievance process is fully completed and suggested that a one-year extension of contract is warranted, given the facts of the case.
2. CAFT received several inquires during the year. These are summarized as follows:
· A faculty member who received a tenure denial consulted with the Chair regarding process. The faculty member was encouraged to first present her case to the President. The President overturned the tenure denial and the faculty member received tenure.
· A continuing-status faculty member consulted with the Chair and Vice Chair regarding a conflict with his department head. The case has not come to CAFT, as of yet.
· Two faculty members have consulted with the CAFT Chair regarding irregularities in the sixth year review of a tenure-eligible faculty member.
· A COM faculty member consulted with the Chair regarding his potential denial of tenure based on the pending outcome of the sixth-year review.
3. In addition to assisting faculty members, as listed above, the committee developed a CAFT Time-Line and Policies document, which is currently being reviewed by the OGC and will be brought to the Senate, when approved by the OGC. Additionally, a sub-committee of CAFT has been working on a definition of “academic freedom.” The work of the sub-committee is not complete and will continue into the coming year.
The work of the Committee on Academic Freedom and Tenure could not have been completed without the cooperation and support of the personnel of the Faculty Center. Their efforts are very much appreciated, particularly those of Pamela Bridgmon involving the scheduling and services-procurement needed during CAFT hearings. She works many days of long hours and is certainly a crucial resource for The University of Arizona faculty in general, and we of the Committee on Academic Freedom and Tenure thank her.
Respectfully submitted,
Susan Wilson-Sanders, Chair 2007-2008
Committee on Academic Freedom and Tenure
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