National AAUP Speaks Out Against UMDNJ's Lack of Due Process

UMDNJ Faculty Organizations & Librarians To Hold Joint Meeting on UMDNJ's Lack of Due Process on March 10

As a result of UMDNJ’s action to suspend without pay and benefits a tenured faculty member without notice of allegations and without an opportunity to respond, the AAUP reported UMDNJ’s conduct to National AAUP.

In his February 18, 2009 letter to President Owen, Dr. Robert Kreiser, Secretary of National AAUP, advised:

The interest of this Association in the case of Professor [name redacted] (and his similarly situated colleagues) stems from our longstanding commitment to academic freedom, tenure, and due process, the basic tenets of which are set forth in the enclosed 1940 Statement of Principles on Academic Freedom and Tenure. That document, a joint formulation of the AAUP and the Association of American Colleges and Universities, has received the endorsement of more than 210 scholarly and educational associations. Also enclosed is the complementary AAUP-AAC&U 1958 Statement on Procedural Standards in Faculty Dismissal Proceedings. We have noted the relevant provisions in the above-mentioned collective-bargaining agreement.

[You may view the 1940 Statement of Principles on Academic Freedom and Tenure at: http://www.aaup.org/AAUP/pubsres/policydocs/contents/1940statement.htm
You may view the 1958 Statement on Procedural Standards in Faculty Dismissal Proceedings at: http://www.aaup.org/AAUP/pubsres/policydocs/contents/statementon+proceduralstandardsinfaculty+dismissal+proceedings.htm.]

Action to separate a faculty member from ongoing academic responsibilities prior to demonstration of stated cause in an appropriate proceeding is considered to be a suspension, which is justified, according to the 1958 Statement on Procedural Standards, “only if immediate harm to the faculty member or others is threatened by the faculty member’s continuance. Unless legal considerations forbid, any such suspension should be with pay.” According to Interpretive Comment Number 9 on the 1940 Statement of Principles, “a suspension which is not followed by either reinstatement or the opportunity for a hearing is a summary dismissal in violation of academic due process.” (We understand that the bylaws of the university do not address these points, and the collective-bargaining agreement appears also to be silent about them.) No threat of immediate harm has been suggested in Professor [name redacted] case, and salary payments were stopped. It seems clear that he has thus not been afforded the safeguards of academic due process called for under these generally accepted standards. (emphasis added)

To date, the University has not responded to the letter or corrected its violation of academic due process. More importantly, the University has failed to codify an investigatory process that incorporates basic due process principles with the participation and input of the faculty.

FACULTY ORGANIZATIONS TO HOLD JOINT MEETING ON MARCH 10, 2009

The leadership of the AAUP, New Jersey Medical School Faculty Organization, New Jersey Medical School Medical Staff Organization, New Jersey Dental School Academic Assembly, School of Nursing Faculty Organization, and Librarians have agreed to hold a joint meeting to (1) educate you on the issue of lack of due process and its importance to your continued employment at UMDNJ; (2) vote on a resolution to ensure adequate due process is incorporated into the University’s investigatory procedure with faculty and librarian participation and input; (3) encourage your attendance at the March 17, 2009 Board of Trustee Meeting; and (4) afford you the opportunity to ask questions and provide input as to strategy and actions the faculty and librarians should take.

WHAT CAN YOU DO ?

1. Attend one of the joint meetings of the AAUP, New Jersey Medical School Faculty Organization, New Jersey Medical School Medical Staff Association, New Jersey Dental School Academic Assembly, School of Nursing Faculty Organization, and the Librarians. The meetings will be held on:

March 10, 2009 @ 1PM to 2 PM
March 10, 2009 @ 4:30 PM to 5:30 PM
Location: MSB Room C-600

2. Attend the March 17, 2009 Board of Trustee Meeting in Newark @ 1:30 PM, 65 Bergen Street, 15th Floor, Room 1550. The AAUP has requested time on the agenda to present the lack of due process issue.

3. Become a Full Member of the AAUP to support the actions we are taking on your behalf. If you are not a full member, please fill out and fax an AAUP Authorization Form to 973-972-0776.

Your presence at the March 10, 2009 and March 17, 2009 meetings is necessary to send a strong message that the University must codify and incorporate basic due process principles into its investigatory procedure with faculty and librarian participation and input.

If you have any questions, you may contact us at 973-972-5875, 732-235-4196 or council@aaupumdnj.org.