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May 9, 1996

For 1st time,UPJ president rejects decisions of tenure committees

A decision by Johnstown campus (UPJ) President Albert Etheridge to deny tenure to three faculty members has unleashed a storm of protest by other UPJ faculty members.

According to UPJ Faculty Senate President Dennis McNair, faculty members are upset because Etheridge's action marks the first time that a UPJ president has denied tenure to faculty members who have successfully passed through the tenure review process.

Since denying tenure to the three faculty members, Etheridge has reversed his decision on one and is reconsidering another. The third faculty member has filed an appeal.

Etheridge said he changed his mind about one of the cases after the faculty member in question supplied him with additional "very important information that should have been in the dossier initially." According to Etheridge, the faculty member's division chair also presented him with important information that convinced him to change his mind and approve tenure. "They answered the questions that I had and successfully so," Etheridge said. "I was pleased to make the decision." According to McNair, faculty members who served on the tenure review committees for the three cases are angry because they feel Etheridge's decision questions their judgment and undermines their ability to advise tenure-stream faculty. "Junior faculty members had been told by other faculty members, department members and so forth, what to expect and this came out of the blue," said McNair, adding: "It seemed to be a major change that was unanticipated by the faculty." Another major objection, according to McNair, was that Etheridge did not discuss his concerns about the recommendations with the faculty review committees before denying tenure. Thus, McNair said, there was no chance for the review committees to reply to Etheridge's concerns.

When tenure was denied in previous cases, according to McNair, it happened earlier in the review process, not after the cases were submitted to the president with a positive recommendation to grant tenure, as happened with the three cases in question.

UPJ faculty members voiced protest over Etheridge's action at special Faculty Senate meetings called to discuss the issue on April 10 and 17. During the April 17 meeting, a motion was made calling for Etheridge to rescind his decision, but the motion died due to a lack of a quorum. UPJ Faculty Senate bylaws require 35 percent of faculty members, about 50 faculty, to be present for the Senate to take official action. Only 28 faculty attended that meeting. About 65 faculty members attended the April 10 meeting.

Despite the lack of a quorum, faculty at the April 17 meeting authorized the mailing of a "sense of the faculty" ballot containing three motions.

* Motion 1 states that since tenured faculty spends hundreds of hours deliberating each promotion and tenure case sent to the president's office with a positive recommendation, "we expect the President will, in most cases, concur with the recommendations of the faculty, and, if not, come to the Faculty Status Committee for discussion and consultation." * Motion 2 notes that since tenure plays a critical role in protecting the right of free speech and academic freedom, "we expect the President to protect those positions already in the tenure stream and to oppose attempts to hire outside the tenure stream whenever possible." * Motion 3 asks Etheridge to reconsider the three cases.

According to Vice Provost Beverly Harris-Schenz, the University has a general procedure to follow in granting tenure. However, she said, each campus is given leeway in developing its own criteria for granting tenure based on the weight that the faculty and administration on a particular campus attach to each of the three elements of the University's mission — teaching, research and service. The tenure review process starts with a peer review committee of five people, according to McNair. Positive recommendations are passed on to the division status committee, which in turn passes on its recommendations to the division chair, and then the college-wide status committee, vice president for academic affairs and finally the president. A negative recommendation stops the process.

If tenure is denied, an appeal can be made to the Provost's office, which informs the Office of the Secretary of the Board of Trustees. The secretary's office then randomly selects faculty from the campus involved and establishes an appeals panel to hear the case.

The decision of the appeals panel is reported to the provost, who can overrule a regional campus president and grant tenure, or agree with the president and deny tenure to the faculty member involved.

Etheridge said he originally decided to deny tenure to the three faculty members after examining the UPJ criteria for teaching and professional service as detailed in the faculty handbook. "When I applied the criteria," he said, "I reached the decision that I made." While acknowledging that his decision upset many faculty, Etheridge said: "I would remind everyone that it is the candidate who must make the case and the University provides due process. There is opportunity for the candidate to ask for reconsideration and appeal." The UPJ president said he plans to meet with the appropriate committees to discuss his decision in detail and the way he interpreted the criteria for tenure in the faculty handbook. "But I can't do that at this time because of the appeal," he added.

The results of the "sense of the faculty" ballot will be forwarded to Etheridge after the voting ends May 10, according to McNair, but the president is not bound by them. "He does not, according to our tenure guidelines, have the obligation to come back and consult with the faculty," McNair noted.

–Mike Sajna


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