ANNUAL REPORT
TO THE FACULTY SENATE
COMMITTEE ON ACADEMIC FREEDOM AND TENURE
2004-05 Academic Year
Donald W. DeYoung, Chair (5/02-4/05)
Jean Braucher, Vice-Chair (5/03-4/06)
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 Regent; 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.
Cases Requiring Panels:
Two new cases were brought to CAFT in the academic year 2004-2005, and one case from the previous academic year was continued:
On November 3, 2004 President Peter Likins referred a case
involving denial of tenure and due process to CAFT. This case was heard by a
panel consisting of: Jean Braucher (Panel Chair, Vice-Chair of CAFT), Ara
Arabyan, Owen Davis, Shitala Mishra (subsequently appointed alternate), Susan
Wilson-Sanders and Laura McCammon. The case was heard in a closed hearing over
4 days (December 9 and 13, 2004 and January 10 and 19, 2005). The hearing panel
report (which favored the grievant) was hand-delivered to President Peter Likins
on February 17, 2005. The President’s response and decision (rejecting
the findings of the panel) was dated March 23, 2005 and was received at
the Faculty Center.
Case 2. Submitted on February 16/March 9, 2005.
A case involving denial of tenure and due process was forwarded to CAFT by President Peter Likins on February 16, 2005. This case was subsequently withdrawn because the Administration felt that the process of review by the Committee on Conciliation had not been completed. On March 4, 2005 the Committee on Conciliation completed its review and the Faculty Center received word via the University’s Office of General Counsel on March 9, 2005 that since the conciliation process had been unsuccessful CAFT could proceed with the case and hearing. A panel has been appointed and a closed hearing is scheduled to start in May.
Case 3. Case Continued from Previous Academic Year (Re-submitted on March 11, 2004).
As indicated in the year 2003-2004 Annual Report to the Faculty Senate due to members’ rotation off CAFT, a new panel was appointed by the 2003-2004 Chair of CAFT to conduct a complete investigation for this research misconduct case, as required under the old UHAP 2.13.09. This panel consisted of: Roberto Guzman (Chair), Nafees Ahmad (expert panel member), Judith K. Brown (expert panel member), Caryl Flinn (subsequently replaced by Shitala Mishra), Patricia Hoyer, Laura McCammon and Bruce Sales. On December 12, 2004 a letter was received from the Provost (Dr. George Davis) and Vice-President for Research (Dr. Richard Powell) withdrawing the case from CAFT as it was reported as being settled by mediation. The results of that mediation were not revealed.
Inquiries/Informal Actions:
Additional inquiries were made to the Faculty Center, suggestions of people to contact and avenues to pursue were made and the individuals were instructed to contact the CAFT Chair if they wished. None of these inquiries reached the CAFT Chair. The Committee on Conciliation referred an additional case to CAFT. However, the potential grievant never pursued the case and thus no action was taken on it.
Other Items:
On November 24, 2004 the Chairs of the Committee on Conciliation, University Committee on Ethics and Commitment and Committee of Academic Freedom and Tenure met with Dr. T. Hixon, Research Integrity Officer, to discuss the implications of the recent change to UHAP 2.13.09 in the way future research integrity cases will be investigated. Such issues will be investigated by an ad hoc panel appointed by the Research Integrity Officer. If an employee action results, the respondent may appeal to the Committee on Conciliation and the Committee on Academic Freedom and Tenure.
CAFT was also concerned about two other issues: the resolution of cases without a formal report of the outcome to the faculty committees concerned with oversight and the length of time that cases seem to take to work their way through the administration. This later can be detrimental to the faculty member.
Two full committee meetings were held during this time period. The first was on September, 10, 2004 to welcome new members, to elect a new Chair and Vice-Chair and to conclude the business of the previous academic year, since a meeting was not held prior to the end of that year. The second meeting was to review the recently concluded case that was carried over from the previous year.
Newly Elected CAFT Members (Term ending 4/08):
The following individuals were elected during the Spring 2005 faculty elections:
Judith K. Brown, Plant Sciences (5/05-4/08)
Albrecht Classen, German Studies (5/05-4/08)
Antonio Estrada, Mexican American Studies (5/05-4/08)
K. Tsianina Lomawaima, American Indian Studies (05/05-4/08)
Final Comments:
The work of this year’s Committee on Academic Freedom and Tenure could not have been completed without the cooperation and support of the personnel of the Faculty Center. The efforts, research and cooperation of Ms. Pam Bridgmon are especially appreciated. She is, truly, an excellent resource for the members of The University of Arizona faculty and her dedication is much appreciated.
Submitted by Don DeYoung, Chair, CAFT
April 18, 2005
BACK
This site maintained by The
University of Arizona Faculty Center
1216 E. Mabel Street PO Box 210456
Tucson, AZ 85721-0456
VOICE 520-621-1342 FAX 520-621-8844
facsen@u.arizona.edu
last updated
08/05/09