Resolution 96/97-06

WHEREAS, the Institute of Safety and Systems Management (hereafter, called ISSM) was discontinued for the purpose of strategic realignment and restructuring;

WHEREAS, each tenured faculty member of ISSM received a letter form Lloyd Armstrong, Jr., Provost, (dated June 28, 1996) that states in part:

"As you are aware, ISSM will no longer require the services of full-time faculty beyond the 1996-1997 academic year. Under the circumstances, I am writing to let you know that the contracts of all tenured ISSM faculty who have not received appointments to other schools or departments in the university will not be renewed after June 30, 1997."

WHEREAS, each tenured faculty member of ISSM is issued a standard U.S.C. faculty contract which states in paragraph 16.1:

"16.1 Tenured Faculty: The University agrees that this contract shall be renewed annually, subject to the provisions of this paragraph. Reappointment is subject to the resignation of the Faculty Member, the established retirement policy of the University as set out in the Faculty Handbook, the continued ability of the Faculty Member to perform the duties of the Faculty Member, and the grounds for dismissal for adequate cause specified in the Faculty Handbook. In addition, reappointment is subject to provisions under which faculty may e placed on indefinite leave without pay if reduction in faculty becomes necessary under extraordinary circumstances because of demonstrated bona fide financial exigency, after reasonable notice, and in accordance with established policies and procedures which will be set out in the Faculty Handbook."

WHEREAS, no faculty member of ISSM currently falls under and of the individual provisions for non-renewal of the faculty contract (resignation, retirement, inability to perform duties, or adequate cause);

WHEREAS, no bona fide financial exigency has been demonstrated;

WHEREAS, there is no approved U.S.C. policy for discontinuance of an academic unit as a basis for the dismissal of tenure U.S.C. faculty;

WHEREAS, tenure resides with the University and not with the individual unit;

BE IT RESOLVED THAT:

A. The Provost’s letter of non-renewal of Faculty Contracts for the ISSM faculty:

  1. has sent a disturbing message to all U.S.C faculty,
  2. has weakened the U.S.C. tenure rights and privileges which is values and upheld by all U.S.C. faculty
  3. is a threat to tenure rights, privileges and academic freedom of the tenured ISSM faculty expressed in their Faculty Contracts;

B. The Provost is advised to:

  1. retract his dismissal letter of July 28, 1996,
  2. write a substitute letter to all ISSM faculty guaranteeing to uphold all terms and conditions of their individual Faculty Contracts.

Resolution Number: 96/97-06 Motion by: Ann Majchrzak Date: December 5, 1996 Seconded by: Harvey Kaslow

To be presented at Senate Meeting held: December 11, 1996 -- Postponed to January 15

Action taken January 15: Passed unanimously, with two abstentions.