MINUTES of AAUP Executive Board meeting,

Wednesday 10 May 2018, 3:30-5:20pm

UW Club

 

Three priorities in the current AAUP strategic plan:

1.     the escalating division of insecure academic labor

2.     reductions and restructuring of public funding and budgeting processes 

3.     the increasingly hostile environment affecting students and faculty

 Items we’re monitoring

Faculty Regent bill

Freedom Foundation request for emails

Dental School deficit

Lecturer job security

Higher ed finance

Hate crimes on campus & The shooting and UW Police Department issues

The use of the UW’s “workplace violence” rule and Faculty Code 25-71 to pursue faculty

 

Attendance: Dan Jacoby/president, Amy Hagopian/secretary, Jay Johnson, Jim Gregory, Duane Storti, Diane Morrison, Eva Cherniavsky, Christoph Giebel, Rob Wood/past-president, Ann Mescher,

Excused: Bert Stover/ treasurer,  Abraham Flaxman/VP for mailing list, Theo Myhre, Michael Honey

Absent: Max Lieblich, Bruce Kochis, Charlie Collins, Hwasook Nam

Resigned: James Liner, Libi Sundermann

Guests: Steve Schwartz, David Corbet

AGENDA:

3:30 PM   Announcements

3:35 PM   Reports

1.     Court Hearing on Freedom Foundation (Hagopian)

2.     Elections

3:45          David Corbett on Disciplinary Process and “Housekeeping” Concerns

4:15          Executive session

4:40          Planning for next year.  Retreat and/or Annual Meeting

 

Minutes

 

AAUP Board elections

Election ballots for the 2018-2020 board have been distributed to the AAUP membership. Wrinkle: Amy technically “owns” the webQ, because she had initially designed it. That makes the votes not “anonymous.” Jim Liner is the administrator. Jim Gregory noted the Faculty Senate votes aren’t technically blind either, so it’s the same level of confidentiality as that. It’s not a contested election so the stakes are low here. When Dan distributes the reminder to vote, he’ll clarify these points. We should probably have another election next year to fill out the vacancies on the board (to get to 15 at large members).

 

Amy’s report on the Appeals Court hearing on Freedom Foundation case

Amy attended the 4/23/2018 hearing at the Washington Court of Appeals on the lawsuit [No. 76630-9-I IN THE COURT OF APPEALS, DIVISION I, OF THE STATE OF WASHINGTON FREEDOM FOUNDATION, Appellant, v. UNIVERSITY OF WASHINGTON and SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 925, Respondents.]

 

The Freedom Foundation seeks public disclosure of emails and records in the University of Washington’s possession concerning faculty union organizing efforts. Four faculty were targeted: Rob Wood, when he was president of AAUP; Amy Hagopian, when she was secretary; Rob Liner and Aaron Katz, who were both active in the union organizing. The union argues such documents are not “public records” under the Public Records Act because employees creating the documents are not acting within the scope of their employment and are not creating “public records” when engaged in communications with co-workers and unions related to organizing efforts.

 

The UW argues “email records at issue in this case are maintained on the University's electronic servers. In order to comply with the PRA, when the University received the PRA request for these records, the University had to identify and assemble the records that were potentially responsive to the request. At the same time, to avoid the appearance of an unfair labor practice, the University conscientiously isolated the records so they would not be reviewed by any person in management. When the University found no basis for withholding the responsive records, it notified the affected faculty to give them an opportunity to seek an injunction against release. The University has in good faith attempted to comply with the mandates of the PRA and has done nothing with the records that could be considered an unfair labor practice, or a violation of the PRA or any other statute.”

 

So far the court decisions have been in our favor, so the Appeals Court would be overturning lower courts to rule in favor of the Freedom Foundation here. We should hear in a couple of months at the earliest.

 

Faculty discipline procedures and policy

David Corbet, attorney for Steve Schwartz, has reviewed the Faculty Code in great detail in his role as Stephen’s representative. He has previously represented faculty in cases relating to the Faculty Code, and because of that noticed a discrepancy in how he remembered the code in relation to how it is now. This is how we learned of the “housekeeping” modifications of Section 25-71 when Corbet compared previous versions (originally 1994) of the Code section to the current (2015) version. The changes were not in favor of faculty. Corbet used the “Wayback Machine” to find the previous version of the Code.

 

Code revisions occurred under then-Secretary Marcia Killian while Norm Beauchamp was Faculty Senate chair, 2015-2016; these were inappropriate and well beyond “housekeeping.” [A side-by-side comparison of the pre- and post-amendment versions of 25-71 is available here: http://www.davidcorbettlaw.com/yahoositeadmin/assets/docs/JustHousekeepingupdated121217.34583505.pdf.] There is no record of the Faculty Senate approving these housekeeping changes.

 

The stated motivation for the housekeeping change was to harmonize the Code with federal research misconduct regulations. Several things were changed, including how we refer to harassment and scientific misconduct. The President could have issued an executive order rather than sneakily revise the code. Duane noted the UW has never been able to cite the specific federal requirement that anyone at the UW could refer to.

 

In the earlier version of the Code, if any allegation of misconduct came to a chair, the chair’s responsibility was to inform the faculty member of the charges and offer to meet with them.

The revised Code now moves scientific misconduct directly to UCIRO. The housekeeping revision also took away pre-adjudication notice.

 

The unauthorized Code revisions protect secrecy. Administration may. now routinely punish people without adjudication. It all happens in secret; if you ask for adjudication it will be worse for you. Corbet noted the reports of the faculty adjudication panels indicate only two sexual harassment cases have been filed—that likely indicates the bulk of cases are resolved in secret.

 

Faculty Forward has submitted a  FOIA request for public records concerning discipline of UW faculty based on Section 25-71 of the UW Faculty Code – Standard of Conduct, subsections D and E. Corbet has similarly asked for complaints against faculty, his request is unrestricted to 25-71 category.

 

Members of the AAUP expressed gratitude to Corbet and Schwartz for bringing our attention to this.

 

We went into executive session to discuss what AAUP can do. The UW should be alerted that AAUP cares about this.

1)    We should systematically do an annual Code storage and comparison. Keep it on the AAUP website.

2)    Jim Gregory will draft a Class C resolution stating the Code should never be changed without Faculty Senate authorization, and that recent unauthorized changes should be reversed. All Code changes, even housekeeping changes, should be approved by the Senate. This is an egregious violation of faculty governance. Next Faculty Senate meeting is May 17.

3)    Op-eds and list server posts would be appropriate now.

Meeting schedule

Dan will host an event at his house over the summer on a Thursday.

Next year, we’ll attempt to meet Mondays. Dan will distribute a schedule

*Board membership in 2017/2018 includes:  Michael Honey, Jay Johnson, Bruce Kochis, Max Lieblich, Ann Mescher, Diane Morrison, Duane Storti, Libi Sundermann, Charlie Collins, James Liner, Eva Cherniavsky, Hwasook Nam, and Jim Gregory. Officers are Dan Jacoby/president, Amy Hagopian/secretary, Bert Stover/treasurer, Abraham Flaxman/VP for mailing list, and Rob Wood/past-president, and, now, Theo Myhre.