COMMITTEE ON PRIVILEGE AND TENURE 2001-2002 ANNUAL REPORT

 

To the Academic Senate, Los Angeles Division:

 

The Committee on Privilege and Tenure investigates grievances filed by faculty members and administrators who allege that their rights and/or privileges have been violated (generally by administrative actions.)  When the Committee finds a prima facie case in a grievance, it attempts to informally mediate a settlement.  If a settlement cannot be achieved, then the Committee holds a formal hearing to determine whether the faculty member’s rights and/or privileges have been violated.  If the Committee finds that the rights and/or privileges have been violated, it recommends a settlement to the Vice Chancellor for Academic Personnel.

 

The Committee on Privilege and Tenure also holds formal hearings in disciplinary cases in which the Charges Committee finds probable cause that a faculty member may have violated the Faculty Code of Conduct.  If the Committee finds that a faculty member has violated the Faculty Code of Conduct, the Committee notifies the Chancellor and recommends a maximum sanction, typically one that follows the directives of the Vice Chancellor for Academic Personnel.

 

Closed Cases 

The Committee received six cases alleging a violation of faculty rights and/or privileges.  Of these six cases, five were settled.

1.   A faculty member alleged that there was a violation of procedures in the evaluation for tenure.  There was a prima facie finding.  The Committee recommended another review by the Committee on Academic Personnel with the appointment of a different ad hoc committee so that specified issues could be appropriately addressed.

  1. A faculty member alleged breach of agreement, retaliation by administration, denial of sabbatical, and favoritism to other faculty members. There was no prima facie finding. 
  2. Two faculty members alleged that inappropriate procedures were used in their evaluations for promotion.  There was no prima facie finding.
  3. A faculty member alleged that there was a departmental violation of procedures in the tenure review.  There was no prima facie finding.
  4. A faculty member alleged that there were departmental procedural errors in the evaluation for promotion to full professor.  There was no prima facie finding.  The Committee recommended that the grievant prepare a rebuttal letter for review by the Committee on Academic Personnel.  The Committee also requested additional clarification and information from a relevant administrator.

 

Pending Case 

There is one pending case.  A faculty member alleged that there was a violation by the administration in failing to honor the terms of an employment letter.  There was a prima facie finding.  Informal settlement efforts were not successful and a formal hearing was scheduled.  This hearing was canceled because the University and the grievant’s counsel are in discussions about a settlement.  These discussions are still in progress.       

 

 

Case from Charges

The Committee received a case from the Charges Committee.  Charges against a faculty member included improper conduct in the use of federal funds, unreported income, in appropriate use of family members, and use of University space for a private business.  The Charges Committee found probable cause.  The Committee on Privilege and Tenure scheduled a hearing for this case; however, a settlement was reached before the hearing took place.

 

Additional Committee Actions

  1. The Committee discussed and commented on the implementation of the “Conflict of Commitment and Outside Activities of Faculty Members:  APM 025.”  The Committee agreed to serve as one of the reference committees of the Senate and will offer reactions, along with other committees, to situations as they arise.
  2. The Committee discussed the “Five Year Performance Review of Chancellor Albert Carnesale.”
  3. The Committee discussed and commented on the proposed changes to APM 140 – Non-Senate Academic Appointees/Grievances.
  4. The Committee discussed and commented on the conformance of Divisional Bylaws to the recently modified Faculty Code of Conduct, APM 015-016, and Senate Bylaw 334-7.    

5.   The Committee discussed and commented on the draft of the “Merit Equity Review Procedures.

 

In conclusion, the Committee on Privilege and Tenure gratefully and sincerely acknowledges the professionalism with which Mrs. Judy Nawa, Senior Administrative Analyst, manages the Committee’s business and related activities.  The assistance and consideration she extends to the faculty, in general, and the Committee members, in particular, make her an invaluable resource.  Her work has been exceptional in all areas.

 

Respectfully submitted,

 

Noriko Akatsuka, East Asian Languages & Cultures

Katherine C. King, (W&S), Comparative Literature/Classics

Paul E. Micevych, Neurobiology

James N. Miller, Microbiology, Immunology & Molecular Genetics

John Riley, Economics

William D. Warren, Law

JOHN V. RICHARDSON JR, CHAIR (F), Information Studies

ALFREDA IGLEHART, CHAIR (W&S), Social Welfare

 

September 5, 2002