Rewriting the rules

[Inside Higher Ed, July 20, 2020]

By Marjorie Valbrun

Is a budget plan adopted under financial duress and threat of layoffs truly collaborative if only one side sets the terms of engagement? At Radford University, it depends on one’s perspective. 

A budget plan by Radford University that could cut the positions of longtime faculty and staff is being widely criticized for violating standard practices during a fiscal crisis and using the crisis as justification for ending long-held worker protections such as tenure.

Some faculty members at the public institution in Virginia, as well as state and national faculty associations, have denounced the plan adopted by Radford’s Board of Visitors authorizing the university president to undertake “reduction strategies that respond to the fiscal impact created by the response to the COVID-19 outbreak.”

Radford’s Board of Visitors passed a resolution on June 12 declaring established guidelines outlined in the Teaching and Research Faculty Handbook inapplicable. The decision effectively removed faculty members’ ability to file appeals and grievances. It also ended protections for tenured professors by allowing a reduction of the workforce “under fiscal exigency” and “due to program restructuring or discontinuance.”

The resolution took effect immediately and remains in effect until June 2022.

“There is an urgent need for the board to take quick and decisive action, and that need cannot be met while adhering to the fiscal exigency section of the Teaching and Research Faculty Handbook,” the resolution states. “The board wishes to maintain the current handbook process but cannot comply with that process and simultaneously ensure the long term financial health of the university during the current statewide fiscal crisis.”

The response from Radford’s chapter of the American Association of University Professors was swift.

The organization’s leaders wrote an open letter to the board, President Brian O. Hemphill and the faculty, “to express our grave concern that the utter disregard by the Board of Visitors and President Hemphill of the deep traditions of academies of higher learning regarding shared governance, faculty rights, and the sanctity of a Faculty Handbook.”  Continue reading

Roanoke Times notes AAUP criticism

Roanoke Times, July 13, 2020

Radford University’s board of visitors is facing continued backlash for its resolution in early June to give President Brian Hemphill unilateral budget -cutting powers, including suspending guidelines outlined for such procedures in the faculty handbook.

The latest critic of the June 12 board resolution is the nonprofit American Association of University Professors, which sent a letter through its RU Chapter President Glen Martin, a tenured professor who has been at Radford since 1985. Martin then forwarded the letter, along with his own email, to board Rector Robert Archer, and other board members….

Welcome

Prof. Glen T. Martin, president, RU  AAUP

The American Association of University Professors was founded over a century ago in order to establish and uphold principles of academic freedom and shared governance in America’s institutions of higher education. The Radford University chapter has been in existence for most of that time.

Today, the RU chapter of the AAUP is called upon again to uphold vital principles. In the documents presented through these web pages, you will find details of the crisis of governance that is unique to this university and far more serious than any other in Virginia or most of the country.

These documents include:

RU AAUP expresses ‘grave concern’

An Open Letter to the President, Board of Visitors, and Faculty of Radford University:

We, the members of the Radford University AAUP Chapter write to express our grave concern about the utter disregard by the Board of Visitors and President Hemphill of the deep traditions of academies of higher learning  regarding shared governance, faculty rights, and the sanctity of a Faculty Handbook. Their recent decisions put them in violation of a 200 year tradition in USA academies of primary faculty responsibility for the curriculum, traditions that have always taken in enhanced significance in times of crisis like the present.

The faculty have a valued point of view and are stakeholders… why wouldn’t you use them? Work with them? Why limit their input so severely?

We are aware of the crisis created by the COVID-19 pandemic and agree that a serious reexamination of the fiscal future of Radford University is necessary. However, fiscal exigency has not been declared. In the  absence of such an extreme crisis, the attack of the tradition of shared governance by the President and Board of Visitors is entirely uncalled for and unprecedented.

Hemphill offers that the Board’s actions could only possibly be justified by financial exigency.  Does that mean that we’re in an undeclared financial exigency? If the Board’s actions were necessary, why haven’t lots of other boards done it? Aren’t they facing the same crisis?

National AAUP finds the situation at Radford entirely unwarranted and in fundamental violation of AAUP national principles for credible academic governance. It is also in direct violation of the national AAUP’s Principles and Standard for the Covid Crisis. The suspension of portions of the Faculty Handbook is entirely excessive and places Radford University among academic institutions incapable of living up to national standards for shared governance and faculty rights.

President Hemphill is asking us to legitimize his choice A or B process by having the senate voting on it. There is inherent inequity in the President’s options and they have been put forth to create buy-in. This ultimatum  potentially creates a politically-charged environment, establishing a situation where the Senate would vote for motion that would appear to segregate their peers. The fundamental issue is that our university faculty body will be complicit in with these options; rescinding earned professional rights. Why?

The ultimatum offered does not address access to data said to warrant the scope of the crisis as put forth by the BOV. Faculty should not be complicit in this false dilemma that is premised on a suspension of the Handbook and a denial of their shared governance rights.

If we become complicit in these degrading options, Radford University will be fundamentally changed. How likely will shared governance be in our future, if we abandon it now? We share these circumstances, on some level or another we share fates. Why shouldn’t we be involved in the formulation of options when we are the backbone of the university? Don’t we have the capacity to address these circumstances collectively?

Fiscal exigency has not been declared, yet we are caving in to its conditions nevertheless. Faculty should refuse these false options and insist on restoring the Handbook and real participation in the formulation of our options.

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AAUP Statement of Principles

Academic Freedom

  1. Teachers are entitled to full freedom in research and in the publication of the results,  subject to the adequate performance of their other academic duties; but research for pecuniary return should be based upon an understanding with the authorities of the institution.
  2. Teachers are entitled to freedom in the classroom in discussing their subject, but they should be careful not to introduce into their teaching controversial matter which has no relation to their subject. Limitations of academic freedom because of religious or other aims of the institution should be clearly stated in writing at the time of the appointment.
  3. College and university teachers are citizens,  members of a learned profession, and officers  of an educational institution. When they speak or write as citizens, they should be free from institutional censorship or discipline, but their special position in the community imposes  special obligations. As scholars and educational officers, they should remember that the public may judge their profession and their institution  by their utterances. Hence they should at all times be accurate, should exercise appropriate  restraint, should show respect for the  opinions of others, and should make every  effort to indicate that they are not speaking for the institution.

Academic Tenure

After the expiration of a probationary period, teachers or investigators should have permanent or continuous tenure, and their service should be  terminated only for adequate cause, except in the case of retirement for age, or under extraordinary  circumstances because of financial exigencies.  In the interpretation of this principle it is  understood that the following represents acceptable academic practice:

  1. The precise terms and conditions of every appointment should be stated in writing and be in the possession of both institution and teacher before the appointment is consummated.
  2. Beginning with appointment to the rank of full- time instructor or a higher rank, the probationary period should not exceed seven years, including within this period full- time service in all institutions of higher education; but subject to the proviso that when, after a term of probationary service of more than three years in one or more institutions, a teacher is called to another institution, it may be agreed in writing that the new appointment is for a probationary period of not more than four years, even though thereby the person’s total probationary period in the academic profession is extended beyond the normal maximum of seven years. Notice should be given at least one year prior to the expiration of the probationary period if the teacher is not to be continued in ser vice after the expiration of that period.
  3. During the probationary period a teacher should have the academic freedom that all other members of the faculty have.
  4. Termination for cause of a continuous appointment, or the dismissal for cause of a teacher previous to the expiration of a term appointment, should, if possible, be considered by both a faculty committee and the governing board of the institution. In all cases where the facts are in dispute, the accused teacher should be informed before the hearing in writing of the charges and should have the opportunity to be heard in his or her own defense by all bodies that pass judgment upon the case. The teacher should be permitted to be accompanied by an advisor of his or her own choosing who may act as counsel. There should be a full stenographic record of the hearing available to the parties concerned. In the hearing of charges of incompetence the testimony should include that of teachers and other scholars, either from the teacher’s own or from other institutions. Teachers on continuous appointment who are dismissed for reasons not involving moral turpitude should receive their salaries for at least a year from the date of notifi cation of dismissal whether or not they are continued in their duties at the institution.
  5. Termination of a continuous appointment because of financial exigency should be demonstrably bona fide.