Officials propose guidelines for suspending profs
Published: Monday, March 5, 2012
Updated: Tuesday, March 6, 2012 03:03
University Faculty Senate committees outlined a proposed policy that defines procedures to suspend professors who display unsafe or disruptive behavior with pay during an open hearing on Feb. 27.
The policy, which provides guidelines for placing faculty on involuntary leave while still receiving their salary and benefits, comes after the university suspended two faculty members last year for non-disciplinary reasons, according to Faculty Senate President Jeff Jordan.
The policy is a response to the shootings at University of Alabama-Huntsville in February, where a biology professor shot six people, killing three professors and wounding three school employees.
Political science Professor Sheldon Pollack said the shooting caused university officials to realize they did not have written guidelines on how to dismiss faculty for non-disciplinary issues or unsafe behavior while protecting due process.
"The key issues [are] involuntary leave," Pollack said. "These are cases where the faculty member chooses for whatever reason not to take the leave with pay and that's the policy where we had a vacuum where there was no policy."
University general counsel Lawrence White said faculty colleagues designed the policy to allow supervisors to respond quickly. He said these situations usually happen when a department chair does not know how to handle a faculty member who is displaying dangerous or disruptive behavior. White said the policy will provide a framework on how to deal with those cases.
"This is a way that university administrators and academic professionals can address concerns that always emanate from a faculty peer or a faculty chair dealing with a difficult situation in the department," White said.
Under the proposed guidelines, emergency cases are defined as situations that pose a substantial threat to the health, safety or welfare that substantially disrupt the working environment and activities of the campus community. If that criteria is met, the vice president for finance and administration can make the decision to put someone on leave.
The policy creates a consultative panel comprised of the Faculty Senate's president and vice president, a designated representative from the American Association of University Professors, which protects professors' rights, and the deputy provost. In emergency cases, the vice president must convene with the suspended employee's dean and the panel within 24 hours to discuss the suspension.
In non-emergency situations, a dean can put a faculty member on involuntary leave after an investigation concludes that a faculty member is unable to effectively perform his or her job.
The dean will then have 15 days to meet with the panel to determine the length of the suspension, before informing the faculty member of their decision. The faculty member is allowed to appeal the decision to the senate's committee on faculty welfare and privileges.
During involuntary leave, faculty members will have restrictions on when they can visit campus and must be evaluated by an independent medical or health care professional who will report to the suspended employee's dean. If a faculty member refuses an evaluation, the leave may be extended.
The record of the suspension will not go on the faculty member's personnel file and will not negatively affect their formal employment record.
Education professor Jan Blits, who was formerly chair of Committee of Welfare and Privileges, said he is concerned about the meeting process because it denies employees due process and that in the two cases last year, the faculty members were denied due process. He also said in the meetings that the faculty would not be able to defend themselves. He said an AAUP officer is there to monitor the proceedings for compliance with the policy and is not an advocate.
He said because there is no policy to get a second opinion from other witnesses or a medical opinion before the administrator suspends a faculty member based on evidence that could be derived from hearsay. The faculty member in question would not be able to refute evidence or talk to witnesses.
"Under the most adverse circumstances—alone, unprepared, outnumbered and intimidated—the faculty member would have to make the decision rather quickly that could well adversely affect the rest of his or her career," Blits said.
He said the administration would have too much power and there wouldn't be an effective system of checks and balances. He is concerned that the policy does not require a written record of meetings, which can make an appeal difficult.
J.J. Davis, vice president for finance and administration, said university officials do not intend to infringe on anyone's rights, but in challenging situations it is important to act quickly.
"But to the extent that the extreme were to happen, catastrophe of life of oneself or others, we do feel in emergency situations the failure to act is also a problem and we've seen that play out at other institutions," Davis said. "We want balance of the safeguard for the individual and the protections and their rights and also to safeguard the community whether it be other students or members of the faculty."
History Professor John Bernstein said being removed from the lab or classroom damages a professor's career or reputation. He said the policy does not clearly state on what grounds faculty can be removed, and it can be blown out of proportion. He said the word "sole discretion" worried him.
"It seems to be lots of potential for creating harm and havoc here," Bernstein said. "There's a difference between change and progress. So this may be change but it may not be progress."
He said it would be hard for a faculty member to return after a suspension.
White said future revisions of the policy may have a tighter definition of non-emergency situations, but prefers broader criteria for identifying incidents because each case is fact-specific and may be addressed improperly under more specific guidelines.
12 comments
What about a time-line judge, and names in a social network...your honorable Jerome o. Herlihy of the superior court of Delaware? NEW EVIDENCE? or MAYBE just old EVIDENCE not given to you. If i were a judge in the Delaware superior court I wouldn't want my name associated with "felony" retaliation of a whistleblower, organized mobbing and cause stalking, and "malicious prosecution". Maybe you might want to look at this stuff Judge Jerome O. Herlihy, and talk with Dr. Robert G. Thompson at the delaware psych clinic in New Castle De. Those statements below might answer a lot of your questions, statements and your confusion at the time. They are on the courttranscript that have already been anakyzed for that late decemeber day in 2010 with that professor. The honorable Herlihy stated, "has your attorney communicated at all with you? get rid of him he isn't helping you. where did you get this guy. He is no good. You are not dangerous. I am not going to send you to jail. Jail is for dangerous people, and you certainly aren't one of them. There is nothing wrong with you. Tell me what kind of deal they gave you. Don't listen to him. tell me what he said? this is weird. What are security guards from the University of Delaware headed to Lancaster pennsylvania for anyway? this is strange. You are from york and this happened in Lancaster? this doesn't make sense." Of course it make sense when you Formal "good faith" complaints made to the Pa governors office of the human relations commission and EEOC. Why do you think the lawyers weren't communicating these things? Why do you think the University of delaware was saying the pacifest professor who never owned a gun was dangerous, and busted into his house through the window obtaining a search warrant stating he was dangerous and had weapons. They did this three weeks before the date, the governor demanded the college he work for answer the 60 counts of harassment and discrimination. Why do you think the ten month investigation of the professor started the day after the formal complaints from the governors office reached the school the professor. And ten month later with a break in. Those numbers are as followed:PHRC Case No. 200800802 and EEOC Case No.17F200960329. An illusion created in order to discredit, nullify, and silence a whistleblower. Why else would the questions and statements you stated to the professor in courtroom that late december day in 2010, not make any sense at the time. Now that you have this material. The puzzle is complete judge. No judge would want to be associated with organized cause stalkers, "felony" retaliation of a whistleblower, and "malicious" prosecution. Not one of your caliber Judge Jerome O. Herlihy. You are man honor, justice, and you are ethical. Read your transcripts, and place this information with your question and statements. Somebody better tell judge jerome O. Herlihy: He wouldn't want his name associate with any unethical behavior, and corruption. Judge Jerome O. Herlihy of the Superior Court of Delaware. 820 N. French St. #F1 11 Wilmington De. 19801-3509 phone: 302-577-7042 and 302-255-0800 Somebody was cordinating felony retaliation of whistleblower. And baiting and luring, "tricking" somebody into a crime of Fake Harasssment charges, and False Stalking charges by using a cell phone. Retaliation happens in all ways...thank you for allowing me to express my freedom of speech and freedom of the press.
Did you kids read that below. I always though the U.D.security guards were kind shady...They do lie. Having a buddy call in to the U.D. security dept, and knowingly, and intentionally taking his lies, and putting his statements on official documents. I guess OGDEN and HARKER will have to do some damage control and lie their way out of this mess. I guess they got rid of the freemason/ex-fbi guy, who signed the bottom of the U.D.police reports, just before all this hit the fan. I wouldn't listen to them now, they already violated the trust of the newspapers, and the journalists by lying the first time to both U.D.newspapers. Then they contacted an unethical journalist at the lancaster paper, who is freemasons, and assiciated with the corrupt college. I would talk to the judge, and get courtroom transcripts, the police reports, the formal complaints to the Pa governor, talk to the forensic psychologist, and most of all, sit down with the professor, and ex-soldier. He will not lie to you. This story could be in the New York Times or one of bigger papers. This big time scandal at a small time college. What are security guards headed to lancaster pa for anyway? Something wrong here, a little scratching by a good young journalist, and you will big time "felony" retaliation of a whistleblower, and malicious prosecution.
Of course absolute power corrupts, just look at those two security guards at the University of Delaware that lied on their police reports, and retaliated against that professor for filing Formal "good faith" complaints with the Pa governors office of the Human Relations Commission and EEOC way up in Lancaster pennsylvania. Something wrong when two U.D.security guards can "intetionally" lie, and investigate whistleblower in another state for ten months, electonically harass him, electronically stalk him, agitate him, provoke him, and then bust in through his window ten months after, three weeks before the Pa governor orders his employer to answer the 60 counts of harassment, and discrimination. Something wrong with that picture when U.D. security guards can obtain a search warrant by saying a pacifest professor, who has never owned a gun is dangerous and has weapons. One once of authority can give you the right to blantly lie, and have your buddy "a trustworthy" witness call in to those two U.D.security guards, and he can lie about anything he wants too, and his statements are placed on the security guards police reports. Something is extremely wrong when you can hand that garbage off, and those lies those U.D. police reports riddled with lies to a prosecutor, and a public defender, and they can blantly engage in "malicious prosecution" of a whistlebower. Those Formal "good faith" complaint are as followed:PHRC Case No.200800802 and EEOC Case No.17F200960329. He appeared in front of you Judge Jerome O. Herlihy on a late December day, and you stated, "Has this attorney communicated with you at all? where did you get this attorney? He is no good. He is not helping you. Get rid of him. Don't listen to him. What kind of deal did these two give you? tell me. what is he whispering? tell me. You are not dangerous. I am not going to put you in jail, jail is for dangerous people and you certainly are not one of them. This is weird. What are security guards from the Univrsity of Delaware heading up to Lancaster Pennsylvania for anyway? you are from york, and not from lancaster. This is strange. Somthing doesn't make sense here?" Well Judge jerome O. Herlihy you were right, neither was the public defender communicating with you about a whistleblower complaint, but the public defender wasn't communicating with his client at all. It is weird Judge Jerome O. Herlihy, it even stranger, that these two did not give you then extensive reports Forensic psychologist Dr. Robert G. Thompson had constructed for you at the Delaware psych clinic in New Castle. What is even more bizarre and "intentional" is the fact that neither the prosecution, nor the public defender had given to you, nor mentioned the U.D. police reports that were riddled with lies, and false testimony by a "trustworthy" witness, who lied every single time to those two security guards at U.D. How bizarre is it when security guards can drive all the way up to Lancaster during the morning of a hot August day, and know there is nobody home on his Woods ave home, and bust in through the window, and take college books, pile ex-girlfriends gifts of polo shirts up on the bed, and three of his U.S. army medals can vanish underneith his beret on the top of the dresser from his three honorable discharges. And then contact a freemason journalist at the lancaster newspaper named Ad Crable, and tell this unethical freemason the lies that are on the U.D. security reports. And this unethical freemason ad crable can then place those lies on the internet 12x. And how a Pa State Cop can call three times and flat out say, "something weird here. 90% of the stuff they took has nothing to do with any charges. We just communicate. we don't come out and just bust in people houses. we call them." That is because 90% of that stuff went to Harrisburg Area Community College's attorney in order to answer the sixty allegation of harassment and discrimination. "felony" retaliation of a whistleblower. Absolute corruption! How bizarre is it that a professor can earn three honorable discharges, and come forward to the Pa governor and tell the truth, and these security guard at U.D. and everybody else can attempt to have the professor diagnosed with schzophernia or some other bizarre disorder. This is all classic material from the research on how organized cause stalkers retaliate against whistleblowers. It is text book retaliation, and corruption...it is "malicious prosecution", "felony" retaliation of a whistleblower, and police misconduct. Thank you for allowing me to express my freedom of the truth, and freedom of speech through the freepress.

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