COMMITTEE ON ACADEMIC FREEDOM AND TENURE
2001-2002 Academic Year
Don P. Bourque, Chair
Ralph Fregosi, Vice Chair

CAFT Members:

Term ending 4/02
Muniram Budhu, Civil Engineering and Mech. Engineering (11/99-4/02)
Adela de la Torre, Director, Mexican American Studies and Research Center (5/99-4/02)
Elizabeth Glisky, Psychology (5/99-4/02)
Joseph (Jay) Stauss, Director, American Indian Studies Program (5/99-4/02)

Term ending 4/03
Don Bourque, Biochemistry & Molecular Biophysics (5/00-4/03)
Ralph Fregosi, Physiology (7/00-4/03)
Vicki Mills, University Library (9/01-4/03) (replacement)
James Ratner, Law Instruction (5/00-4/03)

Term ending 4/04
Anne E. Atwater, Physiology (5/01-4/04)
Darrel Goll, Nutritional Sciences (5/01-4/04)
Julie Anne Plax, Art (5/01-4/04)
Ann Weekes, Humanities Program (5/01-4/04)

Term ending 4/05
Ara Arabyan, AME Engineering (5/02-4/05)
Donald DeYoung, University Animal Care (5/02-4/05)
Laura A. McCammon, Theater Arts (5/02-4/05)
Bruce D. Sales, Psychology (5/02-4/05)

Temporary Members:
Dr. David W. Galbraith, Plant Sciences
Dr. Li Zhi Fang, Physics and Atmospheric Sciences
Dr. Ki Moore, Nursing

Experts/Non-CAFT Members:
Dr. Gary L. Wenk, Psychology
Dr. Charles A. Nugent, M.D., Endocrinology

Charge:
According to the Constitution of the General Faculty of The University of Arizona, Article V, Section 9b:

The Committee on Academic Freedom and Tenure shall have jurisdiction to make inquiry and to conduct hearings in two general areas, namely: in regard to those matters contained in the Conditions of Service dealing with the contractual employment relationship between the General Faculty member and the University/Board of Regents; and in regard to any internal matters relating to grievances against or by any member of the General Faculty. The Committee shall consider the protection of academic freedom and tenure as a principal obligation.

Further, according to the University Handbook for Appointed Personnel, second edition, 1995, section 2.13.09, entitled Misconduct in Research, Scholarship or Creative Endeavor:

For purposes of this policy "misconduct" means (1) fabrication, falsification, plagiarism, or other serious deviations from accepted practice in proposing, conducting or disseminating the results of research, scholarship or creative endeavor, (2) material failure to comply with federal and other requirements for protecting researchers, human subjects and the public or for ensuring the welfare for laboratory animals; and (3) failure to meet other material legal requirements governing research, scholarship and creative endeavors…and … When an inquiry has found cause to think that misconduct has occurred, the Vice President for Research must ask the Committee on Academic Freedom and Tenure (C.A.F.T.) to conduct a formal investigation.

Cases:
At least a half dozen potential cases were brought to CAFT for preliminary discussions by faculty members in 2001-2002. In all instances, the faculty member was advised to start with the Conciliation Committee, which did receive some of these cases for action. None of these cases has come to CAFT as formal complaint. A few are in a holding pattern, with faculty members awaiting expected actions in the near future that may result in the matters being dropped or being propelled to CAFT as formal complaints in 2002-2003.

Three cases came to CAFT in 2001-2002.

Case 1: In January, 2001, CAFT accepted a complaint from a faculty member whose department head was named as respondent. The faculty member’s complaint charges included denial of academic freedom, having been required to take inappropriate actions, and dishonesty by the respondent. A CAFT investigation of this complaint culminated in a formal hearing by a five-member panel in May, 2001. The final report and recommendation of CAFT were sent to the President on May 24, 2001.

Case 2: An eight-member panel, including two permanent CAFT members (of the CAFT members initially appointed, one resigned from the University, two resigned from the panel because of other commitments, and one resigned for medical reasons), three temporary CAFT members, one of whom was a prior CAFT member, two faculty members serving as experts, and one faculty member serving as both a temporary CAFT member and an expert, convened on February, 20, 2001 to conduct an investigative hearing of scientific misconduct against a University of Arizona faculty member. That hearing was completed on May 6, 2001 after a total of 70 hours and 29 minutes of testimony. The final report and recommendation of CAFT were sent to the President on June 29, 2001.

Case 3: An appeal of Notice of Dismissal of a faculty member was heard, beginning on November 8, 2001, by a five-member CAFT panel that consisted of two permanent CAFT members and three temporary CAFT members (one a prior CAFT member). Final closing arguments were received in this case on January 15, 2002, and CAFT’s final report and recommendation were sent to the President on March 7, 2002.

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Other Business:
CAFT and UAO Interactions: On January 7, 2002, a CAFT meeting was held with the UAO at which University Attorneys Leonard and Wood conducted a "training" session to address matters pertaining to CAFT jurisdiction, ruling authorities and their hierarchy, issues definition, conduct of hearings, procedural steps, determining merits of a case, and types of cases that are appropriate for CAFT action. Minutes of this meeting summarized the informative discussions and will be a resource reference document for future CAFT use in assessing whether complaints are within its jurisdiction and appropriate for CAFT action.

Grievance Policy: CAFT continued to contribute to revisions of the Grievance Policies and Procedures for Faculty as it was prepared for presentation to the Faculty Senate after final revisions by APPC to address UAO concerns regarding legal language and overall consistency. The final document included one change in particular, recommended by CAFT, that permits hearings to be conducted by a hearing officer from the American Arbitration Association in cases where parties to the grievance are represented by counsel.

CAFT Website: Improvements to the CAFT website were continued this year. Please examine the resources available at the website at http://w3fp.arizona.edu/caft/. Comments or suggestions for content or improvement are welcome and can be addressed by e-mail to facsen@u.arizona.edu.

Respectfully submitted,
Don P. Bourque, Chair
April 24, 2002

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