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					                       Pennsylvania                                                        AAUP
              American Association of University Professors ≡ Autumn 2004 ≡ Volume 48, No. 1


                       From the Division President                                             Pennsylvania AAUP
                                  Gerald Soslau                                                Executive Committee
                                                                                                    2004-2005
In a world torn by violence and our Nation polarized by the current political              President
environment, we are in desperate need of new young minds to seek intellectual and           Gerald Soslau, Drexel University
peaceful solutions to our social problems. A diverse student population exposed to a        gerald.soslau@drexel.edu
quality education is critical to the progress and the survival of our society. Diversity    215-762-7831
teaches our youth by example to work, play and live together in harmony. The               President-Elect
increasing pressures to run our colleges and universities as corporations with more         Robert Moore, St. Joseph’s Univ.
attention being paid to the bottom line and not to the quality of education or the make     rmoore@mailhost.sju.edu
up the student body is counter productive for our future. The increased numbers of          610-660-1684
adjunct and part-time faculty with no place to call their own and no commitment to         Past President
the institutions where they teach, rob our students of quality educators who will serve     Jeanne C. Hey, Lebanon Valley Col.
as role models and mentors. This policy also unfairly abuses quality faculty who are        hey@lvc.edu
underpaid, are often given no benefits and cannot establish roots to become                 717-867-6480
productive members of a community.                                                         Secretary
                                                                                            Richard P. Mulcahy, Univ. of
While the increase of part-time/adjunct faculty in our 4 year colleges is problematic,       Pittsburgh-Titusville
the situation is far more acute in our community colleges. The total minority student       mulcahy@pitt.edu
population in the 14 PA community colleges represents about 17% of the class,               814-827-4410
varying between 2% (at Butler) and 60% (at Philadelphia). It is not clear what             Treasurer
percent of the total student body is economically disadvantaged. Approximately              Ann Myers, Albright College
82% of the faculty in these colleges is part-time. This does not afford the                 amyers@alb.end
minority/disadvantaged student the optimum conditions for education and                     610-921-7691
advancement. The PA House Education Committee recently (Sept. 21, 04) held an              Members at Large
informational public meeting in Philadelphia on the employment of part-time faculty         Lynn H. Collins, LaSalle University
in our community colleges. The impact on faculty economic issues and educational             Collins@lasalle.edu
quality were discussed. Faculty governance issues were totally absent.                       215-951-5046
                                                                                            Michael Tabachnick, Del. Valley
If faculty are to truly participate in shared governance at their institution they will      College, Tabachnm@devalcol.edu
have to become involved in administrative decisions about hiring adjunct faculty.          State Committee A
Adjunct/part-time faculty should not be hired as a cost saving process for the              James Bergquist, Villanova Univ.
institution’s bottom line. As the ratio of full-time faculty to part-time faculty erodes     James.bergquist@villanova.edu
so does the voice of faculty in governance and the quality of education for our              610-687-0838
students. There are many valid reasons to hire part-time faculty. Some programs             Alexine Atherton
have such diverse course requirements that no one person can effectively teach the           610-345-0717
different disciplines while outside experts can. Sometimes there is a sudden, non-         Ex-Officio
consistent, rise in the student population majoring in a program that requires the          Linda A. Bell, Haverford College
addition of an extra course section that would unfairly burden the full-time faculty or      lbell@haverford.edu
there are a few odd courses in a department that are offered infrequently and not            610-896-1253
covered by full-time staff. These and other legitimate reasons have always supported
part-time faculty. We need to make sure that adjunct/part-time faculty get paid                 ≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡
reasonable dollars per credit taught, relative to full-time junior faculty, plus they
should be compensated for prep time, office hours and proportional benefits. If any
department or program has sufficient course work within a discipline that would
fulfill a full-time course load, the administration should not be permitted to have two    In This Issue:
or more part- time faculty to meet their needs. If part-time faculty are paid              Contingent Appointments          2
appropriately, collect benefits and have a voice in faculty governance there would be      June 2004 Convention             3
no financial incentive to the administration to employ these destructive practices.        Upcoming Events                  4
This would help to strengthen the faculty voice, improve the educational quality in        AAUP Investigations              5
many colleges and universities and bolster faculty morale. Removing the abusive            Legislative News                 6
practices against adjunct and part-time faculty will attract young intellectuals into      Delaware Valley College          7
academia that we desperately need to keep our institutions current and vibrant. ≡
Pennsylvania AAUP                                              Autumn 2004                                                    Page 2

        Contingent Appointments and the                               necessary support. The federal government also reduced its
                                                                      share of support, to 12 percent, … In 1998, the congressionally
              Academic Profession                                     appointed National Commission on the Cost of Higher
                                                                      Education confirmed that investments in faculty had decreased
 The following is an abbreviated version extracted from of a          in recent years, even as tuitions rose. … The dramatic increase
 recently published AAUP Policy Document                              in the number and proportion of contingent faculty in the last
 Edited by Gerald Soslau                                              ten years has created systemic problems … Student learning is
                                                                      diminished by reduced contact with tenured faculty members,
 “…The proportion of faculty who are appointed each year to           whose expertise in their field and effectiveness as teachers
 tenure-line positions is declining at an alarming rate. … the        have been validated by peer review… Faculty governance is
 declining percentage of tenured faculty means that academic          weakened by constant turnover, and, on many campuses, by
 freedom is increasingly at risk.…The term "contingent faculty"       the exclusion of contingent faculty from governance activities.
 includes both part- and full-time faculty who are appointed off      … Academic freedom is weakened when a majority of the
 the tenure track. …The term includes adjuncts, who are               faculty cannot rely on the protections of tenure. … the
 generally compensated on a per-course or hourly basis, as well       Association makes the following recommendations. … Faculty
 as full-time non-tenure-track faculty who receive a salary.          appointments, part- or full-time, should be structured to
 …A small percentage of part-time faculty bring the benefit of        involve, at least to some extent, the full range of faculty
 expertise in a narrow specialty …many individuals with such          responsibilities, … Collegial support of academic freedom for
 appointments may find the conditions of part-time academic           the profession requires conscientious and thorough reviews of
 employment acceptable, their situation is the exception rather       the work of all faculty members, including contingent faculty.
 than the norm, …The vast majority of non-tenure-track                … Appointment, review, and reappointment processes should
 faculty, part- and full-time, do not have professional careers       incorporate accepted practices of academic due process, and
 outside of academe, and most teach basic core courses rather         should give careful attention to the quality of education that
 than narrow specialties. …Graduate students who …                    the faculty member contributes to the institution. … Teaching,
 undertake independent teaching activities that are similar in        scholarship, and service must be protected by academic
 nature to those of regular faculty, the term "contingent faculty"    freedom and due process. For faculty with full time
 should apply. … Institutions' increased reliance on postdocs to      appointments, academic freedom must be protected by tenure
 handle their teaching and research needs tends to delay the          following a reasonable probationary period. … In addition, all
 access of these individuals to appropriate security in the           part-time faculty, after appropriate successive reviews for re-
 profession, …thereby undermining reasonable expectations of          appointments, should have assurance of continuing
 long-term institutional commitments to new faculty. … non-           employment. … The Association affirms as partial protections
 tenure-track appointments accounted for about 58 percent of          of academic freedom for part-time faculty the following
 all faculty positions in American higher education. … In             specific due process provisions set forth in 1979: written terms
 community colleges, more than three out of five positions are        and conditions of appointments, modifications, and extensions;
 part-time non-tenure-track positions, …The number of full-           a written statement of reasons and an opportunity to be heard
 time non-tenure-track appointments is growing even faster            before a duly constituted committee prior to involuntary
 than the number of part-time non-tenure-track appointments.          termination during a period of appointment; access to a duly
 … Women are more strongly represented among part-time                elected faculty grievance committee; and a statement of
 faculty than among full-time faculty. … The minimal                  reasons and a hearing before a duly constituted faculty
 institutional commitment and relatively rapid turnover that          committee for non-reappointment, if the faculty member
 characterize appointments of part- and full-time contingent          makes a prima facie case of an academic freedom violation or
 faculty mean that few faculty members are available for long-        improper discrimination. … Governance responsibilities
 term institutional and curricular planning, for mentoring newer      should be shared among all faculty at an institution, including
 faculty, and for other collegial responsibilities such as peer       those appointed to less-than-full-time positions. … Faculty and
 reviews of scholarship and evaluations for reappointment and         administrators … should together determine the appropriate
 tenure. The faculty as a whole is less stable when its members       modes and levels of participation in governance for part-time
 are increasingly unable to support these key academic                faculty, …with the primary aim of obtaining the best wisdom
 activities. … Between 1976 and 1999, student enrollment in           and cooperation of all colleagues in the governance of their
 degree-granting institutions grew by 34 percent. … During            institutions. … compensation for part-time appointments,
 part of this period of rapid enrollment growth, colleges and         including those in which faculty are currently paid on a per-
 universities, especially public institutions, experienced serious    course or per-hour basis, should be the applicable fraction of
 budgetary pressures. In 1980, state governments supported …          the compensation (including benefits) for a comparable full-
 supported almost a third (31 percent) of the cost of higher          time position. … the Association affirms … that no more than
 education in public institutions, with the rest of the higher        15 percent of the total instruction within an institution, and no
 education budget depending on tuition and fees (21 percent),         more than 25 percent of the total instruction within any
 federal appropriations (15 percent), sales and services (21          department, should be provided by faculty with non-tenure-
 percent), gifts and endowments (7 percent), and other sources,       track appointments. … The professoriate's transition from a
 including local governments. By 1996, the burden had shifted         body composed mainly of full-time tenure-line faculty to a
 considerably, with state budgets offering just 23 percent of the     body composed mainly of contingent faculty occurred over
Pennsylvania AAUP                                            Autumn 2004                                                    Page 3

        Contingent Appointments and the                             faculty members,” not the contingent faculty hired “just to
                                                                    teach.”
          Academic Profession (cont.)
                                                                    Castillo suggested that we are on the way to having a white
 several decades. Now, some institutions seek to recover the
                                                                    male professoriate, as tenure lines are being cut right at the
 stability and quality of instruction lost in that transition. …
                                                                    time when more women and people of color are available for
 Preparation For a Transition … Assess the current situation.
                                                                    academic positions. The use of more and more “contingent
 … Define and describe the goal…. Consider appropriate
                                                                    faculty”—who are predominately female—puts more pressure
 criteria for tenure…. Stabilize the situation. … Design a
                                                                    on tenured Faculty to pick up the slack in doing the service
 deliberate approach. … Recognize costs and plan for
                                                                    work of departments.
 necessary resources. Good faith efforts to strengthen the
 commitment between institutions and the faculty members
                                                                    Tenure then is becoming an increasingly difficult process
 who carry out their academic missions will improve the quality
                                                                    (though less so for white males, according to Castillo), and is
 of education offered at these institutions while preserving the
                                                                    becoming increasingly discriminatory.        More and more
 integrity of the academic profession.” ≡                           contingent faculty are being hired, which means that young
                                                                    scholars are cut off from secure academic careers. Many
  ≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡                               departments focus on a “good fit” in making tenure decisions,
                                                                    which again can contribute to discriminatory practices. Finally,
                                                                    tenured positions involve a hidden work load because of the
      AAUP Convention, June 10-14, 2004,                            reduced number of tenure track positions overall.
             Washington, DC
                                                                    Concurrent panel sessions were again held on Friday
          Ann Myers, Treasurer PA/AAUP                              afternoon (1. The Vital Role of faculty in Athletic Reform: An
                                                                    Action Plan, 2. Funding Higher Education: the State Budget
 The title of the convention this year was “A Decade of             Crisis and 3. Work/Family Issues in the Academy). In the
 Challenge.” The most important and ongoing challenge that          session on family friendly practices, one panelist reported on
 was discussed at the convention was the loss of tenure-track       current legislation (the 1964 Title VII legislation which
 lines, and the increase in the use of adjuncts and contingent      requires equal treatment of all employees, but which sets no
 faculty.                                                           absolute standards, and the 1993 Family and Medical Leave
                                                                    Act--FMLA—which guarantees 12 weeks of unpaid leave for
 Following several days of working committee sessions and a         birth, adoption and health conditions). There is legislation
 lobbying visit to Capitol Hill, the business and plenary           pending to expand FMLA to increase the possible reasons for
 sessions began on Friday, June 11. The following panel             unpaid leave, and to include domestic partners in coverage. All
 sessions ran concurrently in the morning (1. Minority-Serving      current legislation, however, is deficient in terms of mandatory
 Institutions, 2. Censoring Artistic Expression and 3. A Tale of    flexibility. Other panelists discussed various programs at their
 Two Campuses: a. One Chapter, Many Voices: AAUP and                institutions that were more “family friendly,” including the
 Collective Bargaining & b. National Security Becomes a             following:
 Campus Concern).                                                              --Dual career programs (U. of Michigan), where
                                                                    efforts are made to find suitable employment for the partners
 The keynote address at Friday’s luncheon “The Trouble              of academic candidates
 with tenure” was given by Debra Castillo of Cornell                           --up to 2 year postponement of tenure decisions
 University. Castillo stressed that tenure is seen by faculty as    and/or modified duties for faculty with family concerns that
 the cornerstone of academic freedom, but that it is increasingly   must be addressed; at one institution the categories for
 under attack. She proceeded to discuss a series of problems        “stopping the clock” included a. physical or mental illness, b.
 related to tenure, teaching and publication. Within the            pregnancy, adoption or foster care, c. caregiver responsibility,
 academy, some of the criticism of tenure comes from the            not limited to a family member, d. military service and e. legal
 baseline requirement for publication, which Castillo called a      concerns (divorce, civil suits or felony charges)
 maddening double bind in light of shrinking budgets for                       --modified duties for any parent, in the interest of
 faculty development and other constraints. Because there is        any child (elimination of the biological construction of
 tremendous pressure to publish, much of what is produced is        motherhood)
 irrelevant and goes unread by a wider audience. Castillo                      --reduced appointments available
 suggested that the academy has perhaps internalized the                       --more child care available on campus
 managerial values of business, which has been especially
 harmful to the humanities.                                         The effect of such policies is that Faculty are not
                                                                    professionally disadvantaged because of personal circum-
 Outside the academy, students and their parents are more           stances. Several panelists stressed that such family friendly
 focused on teaching, and want students to have “regular            benefits must be open to and used both by male and female.
                                                                                                    Continued on page 4…………
Pennsylvania AAUP                                              Autumn 2004                                                  Page 4

                                                                      proposed that the convention vote censure, but empower the
      AAUP Convention, June 10-14, 2004,                              Council to impose the censure in the fall, should the Medaille
                                                                      negotiations fail. Such a threat might have more impact and
           Washington, DC (cont.)                                     keep the pressure on Medaille. The amendment was defeated
                                                                      by a vote of 67 to 66, and the original recommendation of
 Faculty members so that Faculty women will not be                    Committee A—that no action be taken at this time--was then
 stigmatized as being those responsible for “family concerns.”        approved. Two resolutions were passed, however: 1. that the
 Also, all the panelists pointed out the importance of such           New York State conference monitor the resolution of issues at
 policies in the recruitment and retention of high quality            Medaille, and 2. that the AAUP convention vote condemnation
 Faculty.                                                             of the Administration and the Trustees of Medaille for their
                                                                      actions in firing two professors.
 The Assembly of State Conferences business sessions were
 held on Friday evening, involving various reports and three          When the Plenary session reconvened in the afternoon, 4
 very close elections.                                                institutions were removed from censure (Amarillo, Houston
                                                                      Baptist, Mount Marty College and Olivet).
 Breakfast meeting on Saturday
 On Saturday morning delegates had the opportunity to have a          The Membership report touched off another spirited discussion
 breakfast meeting with Mary Burgan, the outgoing General             of the problem with the high dues structure of AAUP. The
 Secretary. The new General Secretary Roger Bowen was also            possibility of a sliding scale based on income was again
 introduced to the convention and he participated in the              suggested. The Committee chair responded that the committee
 discussion of issues currently before the AAUP. Major                was aware of this problem and was considering changes, but
 concerns include 1. the “adjunctification” of the profession, 2.     there was no indication of when such changes might come
 the corporatization of education, and 3. the anti-intellectual       about. Other items on the agenda included a report for the
 stance of our society in general. The move toward the                office of Staff Counsel, a report from the Committee on
 privatization of higher education means that there is less and       Government Relations, and a report from the Agenda
 less government support for public colleges and universities         Committee recommending that AAUP salaries be published,
 (as opposed to the situation in European universities). The          and that the sale of the AAUP membership list be prohibited.
 AAUP itself suffers from falling membership and thus                 Neither recommendation was passed.
 financial instability. Some suggestions for remedies included
 appealing to parents that their children’s education is at stake     Karen Rivedal received an award for excellence in the
 with the increased hiring of contingent faculty. In terms of         Coverage of Higher Education for a series of three articles
 declining AAUP membership, strong support was expressed              about the reduction in public funding and its effect on the
 for a progressive dues structure as a means to encourage             University of Wisconsin.
 increased membership.                                                Recognition was given to Mary Burgan at the plenary session
                                                                      as she ended her 10 year tenure in the position of general-
 The Plenary session on Saturday was introduced by AAUP               secretary. The Banquet on Saturday evening also recognized
 President Jane Buck, who reiterated the ongoing concern of           Mary’s many contributions to AAUP and the excellence of her
 the convention about the decline in tenure track positions and       leadership.
 the growth of contingent faculty. After reports from the
 Secretary-Treasurer and from the chairs of the Collective            Additional breakout sessions were held Saturday afternoon on
 Bargaining Congress and the Assembly of State Conferences,           Academic Freedom and Tenure, Community Colleges,
 discussion focused on the report from Committee A on                 Governance, Teaching , Research and Publication, and the
 Academic Freedom and Tenure. The case of Medaille College            Committee on Women in the Academic Profession. ≡
 (New York) generated a long and spirited debate. Committee
 A was recommending that no censure action be taken against
 Medaille at this time, since the College was negotiating with         ≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡
 the two Medaille professors who had been fired two years ago
 in violation of all rules of due process and fair play. The two
 professors in questions were present at the meeting, but were            Upcoming Events and News from the
 unable to speak because of the ongoing negotiations. Many                Assembly of State Conferences (ACS)
 AAUP members argued that deferred censure (it will be 3 and
 1/2 years by next June) was too long to wait for justice, and        September 25, 2004 the ACS conducted a mini training
 that the Medaille administration was not negotiating in good         workshop in Nashville, TN.
 faith. In any case, AAUP principles should not be                    Sessions included: Contingent   faculty and    Academic
 compromised by being used as tactics in negotiating. Other           freedom; Shared Governance in the Academy, and; Lobbying
 members argued that censure shouldn’t be punitive, and that          at the State Capitol
 the goal after all was to bring administrations into line. In this
 sense, the AAUP is always negotiating. An amendment was                                             Continued on page 5…………
Pennsylvania AAUP                                              Autumn 2004                                                   Page 5

             Upcoming Events and News                                 investigation of Medaille College in Buffalo NY represents an
                                                                      interesting case study in this regard.
                from the ACS (cont.)
                                                                      In February of 2002, two tenured faculty members were
 James Dennison, Chapter President at McNeese State                   dismissed from their positions at Medaille College. The
 University was selected as the 2004 winner of the John Hopper        administration charged that the two faculty members were
 Award.                                                               involved in improperly circulating minutes from a meeting of
                                                                      the Promotion and Tenure Committee, and that this behavior
 October 23, 2004 the ACS conducted a mini training                   rose to the level of “turpitude.” The two professors sought the
 workshop in Columbus, OH.                                            assistance of the national AAUP staff, and in February of 2002
 Sessions included: Membership Recruitment and Develop-               the staff wrote letters to the president of Medaille indicating
 ment; Strategic Communications: Building your Chapter’s              concerns that the dismissals appeared to present issues of
 Base; Changing the Culture of Your Institution; Lobbying at          tenure and academic freedom. The president did not respond
 the State Capitol, and; Understanding the University Budget          to these letters. The staff wrote again in July 2002 to the new
                                                                      president of Medaille. He replied, and indicated that he would
 NOTE: Any PA AAUP member can apply for $275                          review the situation. In November 2002 the president wrote to
 scholarships to attend future workshops by contacting our            the staff indicating that he found no problems with the
 Division President. ≡                                                dismissals. In mid-December of 2002, the general secretary of
                                                                      the AAUP authorized an investigation.
  ≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡
                                                                       On February 27, 2003, more than one year after the
    AAUP Investigations, Censure, and the                             dismissals, I went to Buffalo as Chair of the AAUP
                                                                      Investigating Committee. Over the next two days we
    Importance of Strong Local Chapters                               conducted interviews with over a dozen individuals associated
                                                                      with the case. An extensive report was written over the next
       Rob Moore, Vice President, PA/AAUP                             few months. Investigation reports are written in the first
                                                                      instance by committee members. The report then goes to the
 The AAUP performs many functions for members and non-                national staff for editing. After agreement between the
 members alike, and several of these are performed behind the         national staff and the committee members on the text of the
 scenes. AAUP’s work with government relations, accrediting           report, it then goes to the organization’s Committee A on
 bodies, and in numerous other areas, fulfills the mission of the     Academic Freedom and Tenure for review. First, Committee
 organization to “advance academic freedom and shared                 A determines whether the case should continue by publishing
 governance, to define fundamental professional values and            the report in Academe and soliciting comment. The Medaille
 standards for higher education, and to ensure higher                 report was ultimately published in Academe in the January-
 education's contribution to the common good.” Because of the         February 2004 issue, fully two years after the termination of
 behind the scenes nature of this activity, it is all too easy for    the faculty members.
 members and non-members alike to remain unaware of the
 enormous contribution that AAUP makes to our profession.             After receiving comment on published reports, Committee A
                                                                      then determines whether to recommend to the general
 But there is one function that AAUP performs that is very            membership that a college or university be censured. The
 public, and that is the investigation of colleges and universities   policy of AAUP to date has been that a vote for censure can
 that allegedly have violated AAUP standards related to               only happen at the Annual Meeting which takes place in June
 academic freedom or shared governance. Sometimes the                 of each year. Thus, the earliest that the AAUP could officially
 investigation leads to a formal censure by AAUP, which is a          censure Medaille College was June of 2004, almost two and
 very public pronouncement that the college or university in          one half years after the dismissal of the faculty members.
 question does not adhere to widely accepted standards within
 academia. Ideally, actual censure or the threat thereof is           Prior to the June 2004 meeting, correspondence between
 sufficient to encourage the offending institution to bring its       administration officials at Medaille College and AAUP staff
 standards more in line with accepted principles, and, in some        indicated some interest on the part of the Medialle
 cases, to remedy harms inflicted on individual faculty               administration in resolving the case. The situation was still
 members. Yet, for all of the publicity that surrounds the            fluid at the time of the Annual Meeting, and Committee A
 investigating and censuring of offending colleges and                concluded that a vote to censure might jeopardize potential
 universities, these actions in some way represent a failure to       settlements. Thus, Committee A’s recommendation to the
 prevent harm in the first place, or a failure to pursue remedies     general membership was to postpone a vote on censure and to
 in a timely fashion. Often, by the time an investigation has         monitor the situation at Medaille throughout the coming year
 been completed, faculty members have been dismissed or               to see if settlements were made and other actions taken. The
 other forms of harm have been inflicted on them. The                 general membership followed the recommendation of

                                                                                                     Continued on page 6…………
Pennsylvania AAUP                                             Autumn 2004                                                    Page 6

      AAUP Investigations, Censure (cont.)                           the best course of action regardless. Waiting for the national
                                                                     AAUP to come to our rescue on the local level is not the best
                                                                     way to address the problems on our campuses. Chapter
 Committee A, and deferred a vote on censure. Almost three           organization and vigilance are the best means to achieve
 years after the termination of two tenured faculty members at       academic freedom and healthy shared governance. ≡
 Medaille College, the college does not appear on AAUP’s list
 of censured institutions.
                                                                      ≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡
 Is this a failure of AAUP to respond to the needs of faculty
 members? Or is it a reflection of the careful and responsible                    LEGISLATIVE NEWS:
 means by which the organization conducts its business, and
 upon which its credibility is based? The answer is some of
                                                                                 PENNSYLVANIA HB 2331
 both. Many of the faculty members at Medaille College feel
 that AAUP failed them, with the final injustice being the                            James M. Bergquist
 postponement of a censure vote at the June 2004 meeting. On                     Chair, Committee A, PA/AAUP
 the other hand, as a result of AAUP working behind the
 scenes, one of the faculty members at Medaille was reinstated       In February of this year there was introduced into the
 in the summer of 2004. The second faculty member is                 Pennsylvania legislature House Bill 2331, titled “The College
 currently attempting to regain her position, and has received a     and University Criminal History Record Act.” Sponsored by
 settlement from Medaille for the destruction of her intellectual    Representative Matthew Baker (R-Tioga and Bradford
 property. It is doubtful that any reinstatement would have          counties), the bill provided that any applicant to be a faculty
 taken place had AAUP not been actively involved in the form         member in any Pennsylvania institution must undergo a
 of an investigation, and in consistently monitoring the situation   criminal background check, including record information from
 and encouraging change on the administration’s part.                the Pennsylvania State Police, and a fingerprint check from the
                                                                     Federal Bureau of Investigation. The bill was inspired by a
 There are lessons that we can learn from the Medaille case.         2003 incident in which a member of the faculty of the
 First, is that investigation and censure are important tools, but   Pennsylvania State University was found to have been
 they are often employed only after severe damage has been           convicted of a double murder when he was a teenager. He had
 done. Perhaps this is the only way that a full assessment of the    served a prison sentence and was paroled, and subsequently
 facts can be carried out, but it is small consolation to faculty    studied for the doctorate. His prison record was not revealed
 members who have been dismissed or otherwise harmed.                when he was hired by Penn State.
 Within AAUP we need to be creative about developing
 alternative means to full blown investigations that can be
 effective in achieving results in a more timely manner. (I am       The Pennsylvania Division of AAUP was informed of the bill
 currently chairing a subcommittee that is exploring this very       by David Tive, the AAUP’s legislative representative in
 issue. If you have any thoughts on this topic, please send them     Harrisburg. The state AAUP also notified the Washington
 to me at rmoore@sju.edu.)                                           office, which wrote to Pennsylvania legislators on the House
                                                                     Judiciary Committee, to which the bill had been referred. The
 Another lesson from Medaille is that investigation and censure      Washington office also provided a draft of a recently written
 are primarily reactive measures, and by definition AAUP is          statement prepared by the Association’s Committee on
 responding to something that has already happened. This is          Academic Freedom and Tenure (it has since been published in
 not the fault of AAUP. But it points out the absolute necessity     Academe, March-April 2004, pp. 113-115). That statement
 of emphasizing proactive measures, especially at the chapter        acknowledged that background investigations might be
 and campus level. The national staff of the AAUP can do             justified in cases where faculty members pursued research on
 many things for faculty members, but it cannot do the actual        human subjects, or were entrusted with the care of those who
 work of organizing at the campus level. An effective chapter        could not care for themselves. As a general rule, however, the
 can monitor governance and can create conditions so that            AAUP’s position was that the bill overreached, going too far
 Medialle-like developments can be avoided entirely or dealt         into individual privacy to be justified, given the extreme rarity
 with more expeditiously.                                            of cases such as the Penn State incident. The Pennsylvania
                                                                     AAUP and AAUP members around the state also wrote to
 Thus, the goal of every AAUP chapter should be the                  legislators about the matter.
 development of proactive measures that serve to prevent
 problems from arising in the first place. A strong governance       On July 13 the Judiciary Committee held informal hearings
 system and effective monitoring of administrative activities        concerning the bill. David Tive arranged for me to testify for
 can do things that investigation or censure cannot. The lesson      the state AAUP on that occasion. My testimony repeated some
 of Medaille is that vigilance on the part of chapter AAUP           of the same objections as the national AAUP’s statements, but
 members is absolutely essential. Perhaps this may not have          also particularly emphasized the difficulty that the bill would
 been enough to prevent the horrific events at Medaille, but it is
                                                                                                     Continued on page 7…………
Pennsylvania AAUP                                               Autumn 2004                                                    Page 7

           LEGISLATIVE NEWS:                                           It is unlikely that House Bill 2331 will pass both the House
                                                                       and the Senate before the end of the legislative session,
        PENNSYLVANIA HB 2331 (cont.)                                   tentatively set for November 23 or 24, but constitutionally
                                                                       mandated no later than November 30. However, there are
 pose for the hiring process in most institutions, when dozens of      reports that Rep. Matt Baker, prime sponsor of the bill, will be
 applicants for a specific job would have to be told to seek           drafting it as an amendment to some other piece of legislation
 background investigations, thus causing great delays in the           that is closer to passage, and offering it there in order to
 hiring process. The Pennsylvania Association of Colleges and          guarantee passage this year. ≡
 Universities also raised similar objections. The committee
 members indicated that they were considering extensive
 amendments to the bill. None have actually been agreed to in
                                                                        ≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡
 the committee as of this writing. David Tive reports that the
 committee staff has, however, circulated some proposed                DELAWARE VALLEY COLLEGE AAUP
 amendments, which by most evaluations would make the bill               SIGNS ANOTHER THREE YEAR
 even more onerous. These amendments would apply these
 requirements to applicants for all academic jobs, including                     CONTRACT
 staff members and part-time faculty. They would be required                           Michael N. Tabachnick,
 to submit a self-disclosure statement; the final candidate for a                      President, DVC-AAUP
 job would then be asked to submit to a criminal record
 investigation. If discrepancies were found with the self-             After a long year of negotiating, the Delaware Valley College
 disclosure statement, the matter would be reported to the             AAUP has signed another three year contract with the college
 police and the candidate could be charged with a crime.               on behalf of its approximately 85 full-time faculty, including
                                                                       department chairs and librarians.
 Discussions between the bill’s sponsors and the university
 representatives have reached a sort of impasse, with the              The DVC-AAUP is one of the few private independent
 universities opposed to the amendments and the legislators            colleges to unionize after the infamous Yeshiva decision. The
 resistant to further changes. The AAUP maintains its general          Chapter has its own bargaining team, comprised of full-time
 opposition to the bill as presently written. It becomes more          faculty, and handles its own negotiations. Since the executive
 unlikely that the bill will reach the floor and pass both House       committee and the negotiating team are all volunteers, there is
 and Senate by the time the current legislative session ends in        no release time for any of those positions, making it especially
 November. Members may wish to discuss the matter with                 difficult for the negotiators.
 their legislators, especially in the House; if the bill goes
 forward either this session or next.                                  However, the faculty feel that they have come away with a
                                                                       reasonable compromise. The main issue from the
 Update on HB2331 from David Tive, Tive lobbying. House                administration was the desire to increase the length of the day
 Bill 2331 was amended. As amended, the bill has lost most of          from the present 8:30 to 4:00, to 8:00 to 4:20. The reasoning
 its teeth. Now, the "final candidate" for a full-time faculty or      was that this would allow scheduling of three laboratory
 staff position at a college or university on the state will have to   periods per day, instead of the existing two. Shortage of
 submit a criminal history record check. The check would look          laboratory space made this important. The faculty desired to
 for convictions for felonies, sex offenses or misappropriation        increase their salaries to be on a competitive basis with the
 of funds. It would have to cover convictions anywhere in the          surrounding area of the country.
 U. S. or in a foreign country. The foreign country requirement
 is very problematic.                                                  In return for the increased length of day, the faculty received
                                                                       the following schedule of salary increases:
                                                                         Year 1 : a 3.5% increase in base salary and the college will
 A college or university would be allowed to make a final
                                                                                 match an additional 1% in the pension plan up to a
 hiring decision on the basis of information provided in the
                                                                                 maximum of 8%.
 criminal history record check, but if it is used to deny the final
                                                                         Year 2 : $500 added to the base pay followed by a 4%
 candidate the position, the candidate must be informed of that
 fact.                                                                           increase
                                                                         Year 3 : $1000 added to the base pay followed by a 4%
                                                                                 increase
 Two important things to note. First, the bill does not prohibit       The rest of the contract remained essentially the same,
 an institution from hiring a final candidate even if the criminal     including a well-defined process for promotion and tenure, and
 history record check discloses a previous conviction. Also,           protections against personality conflicts between the faculty
 there is no language in the bill that would penalize an               and administrators interfering in the process.
 institution that does not require the final candidate to provide
 the record check. The only penalty is on the candidate who            Our negotiating team did a wonderful job under very trying
 can be fired for failure to provide the check.                        conditions, and the faculty is very appreciative. ≡
                                                                        ≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡≡
American Association of University Professors
Gerald Soslau
President Pennsylvania Division
245 N. 15th Street
Philadelphia, PA 19102-1192




Academe Index: Have you ever needed to read an old Academe article but couldn’t remember in which year it was published?
                    We’ve combined the indices from 1998-2003 to create a comprehensive index that can be accessed from the
                    back issue page in the Academe section or directly at http://www.aaup.org/publications/Academe/alllist.htm.
                    You also still have the option of using the yearly indices.
FREE MEMERSHIP: The power of the AAUP to monitor, protect and advocate the rights
of faculty in higher education is, to a large extent, dependent upon the strength of its member-
ship, in both numbers and participation. As more and more administrations are moving
their college/university to a corporate model, it is imperative that our collective faculty voice
remains strong. We need to increase our State and National membership. It is also very
important that we recruit young, vibrant voices. To this end The State AAUP Division is
                                                                                                                                                                                                                                                                                                                                                                                         AAUP
offering FREE Membership to graduate students enrolled in a terminal degree program
and who are interested in a life in Academia. We will pay the graduate student membership                                                                                                                                                                                                                                                Gerald Soslau
fee of $10/yr for the first year for the first 250 students who apply for membership. Our hope
is that these students will then continue their membership in subsequent years. Please inform
your students of our offer and have them email their request to Ann Myers at amyers@alb.edu.                                                                                                                                                                                                                                             245 N. 15th Street
Have your students include their name, graduate program and address. At the same time, we
are asking each member to try and get a colleague to join as well.
                                                                                                                                                                                                                                                                                                                                         Philadelphia, PA 19102-1192
                                                                                                                                                                                                                                                                                                                                         President Pennsylvania Division




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                                                                                                    You also still have the option of using the yearly indices.
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