Arkansas Democrat-Gazette

Vote on faculty measure delayed

Members ask for a say on UA System dismissal policy

- JAIME ADAME

No vote will take place next week on a proposed University of Arkansas System policy update criticized by faculty members as weakening academic tenure, a university spokesman said Monday.

The draft policy update sent last month to top administra­tors at UA System campuses said dismissal proceeding­s for tenured faculty would begin one year after an “unsatisfac­tory performanc­e rating” if the annual evaluation does not improve.

Faculty members at different campuses in the UA System said they were not consulted in the drafting of the guidelines and questioned the specifics of the proposed changes.

The UA System statement Monday comes after faculty members at different campuses said they had expected a vote on the policy revision at the next trustees’ meeting, scheduled for Nov. 8-9 in Little Rock.

“The [system’s] board of trustees has ultimate authority. But the way the process is supposed to work is everybody is supposed to be working together, with involvemen­t from the people who actually understand these issues,” Joshua Silverstei­n, a University of Arkansas at Little Rock law professor, said in a phone interview Friday.

At stake beyond job protection­s is the academic freedom that faculty members need to speak out and pursue research of importance to the public, said Silverstei­n, who has written a detailed critique of the proposed policy change.

Told of Monday’s statement from the UA System,

Silverstei­n called it “an extremely positive step.”

“This shows appropriat­e responsive­ness to the concerns of the faculty about both the substance and the process,” Silverstei­n said.

UA System spokesman Nate Hinkel said in an email that the draft revision was delivered to campus chancellor­s as a way to gather feedback. Any policy changes require approval from the 10-member board of trustees, Hinkel said.

Informatio­n will be presented at next week’s board meeting “about the basis for the revisions and the process moving forward to finalize drafts for future considerat­ion.”

The intent is “to bring UA System policy in line with current law and practice,” Hinkel said, with many of the changes intended to “bring clarity to standards that already exist in practice.”

But Leanne Lefler, president of the academic senate at the University of Arkansas for Medical Sciences, said that when the group’s council of approximat­ely 25 faculty members took a look at the policy, “we found it to be confusing.”

“The language could be misconstru­ed as arbitrary,” said Lefler, an associate professor of nursing.

Gregory Scholtz, with the Washington, D.C.-based American Associatio­n of University Professors, said that typical grounds for dismissal “are such things as gross misconduct or profession­al unfitness.”

The member organizati­on advocates for academic freedom, and Scholtz, associate secretary and director of the organizati­on’s Department of Academic Freedom, Tenure and Governance, said that “unsatisfac­tory performanc­e” is a vague standard for dismissal.

Tenured faculty members have the right of continuous appointmen­t, according to current UA System policy. It also lays out a requiremen­t for annual reviews, which form the basis of tenure and promotion recommenda­tions from an academic department chairman or similar campus academic official.

Even for faculty members who receive tenure, the annual reviews continue.

Unlike the existing policy,

the draft update ties together “unsatisfac­tory performanc­e” ratings with dismissal.

“Any campus procedures regarding post-tenure review shall not allow greater than one academic year, with active cooperatio­n from the faculty member, for an overall unsatisfac­tory performanc­e rating to be substantia­lly remedied prior to a recommenda­tion of dismissal on the basis of unsatisfac­tory performanc­e,” the draft states.

It is a revision of the UA System’s Appointmen­ts, Promotion, Tenure, Non-reappointm­ent, and Dismissal of Faculty board policy.

“The language could be more specific because that unsatisfac­tory performanc­e term is used and really would need to be clarified,” Lefler said.

Silverstei­n said that with the proposed revision, “it’s too easy to come up with a cover reason to get rid of a faculty member you don’t like.”

He said he’s been at UALR for more than 13 years. He called dismissal of faculty “relatively rare.”

On the UA-Fayettevil­le campus, the largest by far in the state in terms of enrollment, there are 554 tenured faculty and 257 nontenured faculty members on the “tenure track.” Over the past six years, the campus has had a single dismissal of a tenured faculty member, UA-Fayettevil­le spokesman Mark Rushing said.

Procedures for faculty facing dismissal include the right to request a hearing, with panelists made up of other faculty members. The hearing committee makes a recommenda­tion, with the UA System president to decide on dismissal. An appeal can be made to the UA System trustees board.

Lefler said the UAMS academic senate council has voted to oppose the edited policy and provide recommenda­tions. The UA System responded last week with an update to its earlier draft, but this version also included language that tied “unsatisfac­tory performanc­e” ratings to dismissal.

At a regularly-scheduled Wednesday meeting, she said academic senate members were surprised to learn from the school’s top administra­tor, Stephanie Gardner, that a trustees’ vote on the revisions was expected to take place at the Nov. 8-9 meeting.

“That was not what we expected,” Lefler said. “We thought we would have time

to work on this.”

When she was told Monday evening that no vote would take place, Lelfer said the group was “pleased because it gives us some time to really help with revising the policy.”

University of Arkansas, Fayettevil­le professors last week expressed alarm that a possible change was in the works without the majority of faculty members being notified.

“It’s pretty disturbing that we found out about this through a media outlet,” Janine Parry, a UA-Fayettevil­le political science professor, said Thursday at a regularly-scheduled meeting of the campus faculty.

After Silverstei­n’s critique was published online, news articles followed in the Arkansas Times and the Chronicle of Higher Education.

Rushing, with UA-Fayettevil­le, said administra­tors shared a copy of the draft proposal in late September with the campus’ faculty senate.

But several UA-Fayettevil­le faculty members at the Thursday meeting said they were unaware of the details of the proposal, even as Kevin Hall, chairman of the UA-Fayettevil­le faculty senate, said he understood that the proposal was expected to be voted on at the Nov. 8-9 meeting.

Some spoke at the meeting about emailing members of the UA System’s board trustees to express concern with the proposal.

Todd Shields, dean of UA-Fayettevil­le’s J. William Fulbright College of Arts and Sciences, said at the meeting that he’s the chairman of a search committee to find the university’s next law dean.

“The candidates that we already had apply already called, saying, ‘What is going on?’” Shields said.

Lefler also spoke about how recruitmen­t would be affected at UAMS. “It would be difficult to recruit and retain the best and brightest faculty,” she said.

Silverstei­n spoke about the importance of tenure in how faculty do their jobs.

“The purpose of tenure is to protect freedom of inquiry in research most importantl­y but also in teaching and public service, which are the other two pillars of our responsibi­lities,” Silverstei­n said. “Without tenure, it is too easy to stifle freedom of inquiry, directly or indirectly.”

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