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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
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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.
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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.
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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
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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
Join the AAUP: The American Association of University Professors (AAUP) is the only
PENNSYLVANIA
faculty organization devoted solely to higher education. We address the issues that concern you
as a teacher and as a scholar. Our policies ensure that faculty members are afforded academic
due process. The AAUP protects and defends your rights. If you are a member of the faculty,
you need to be a member of the AAUP.
□ Yes, I would like to join the AAUP
You also still have the option of using the yearly indices.
American Association of University Professors
Please complete this form and mail it to the AAUP, P.O. Box 96132, Washington, DC 20077-
7020. For details, go to www.aaup.org or call our membership department at 1-800-424-2973,
ext 3033.
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