University of Illinois Urbana-Champaign Senate Committee on Academic Freedom and Tenure met Feb. 6.
Here is the minutes provided by the committee:
Present: Chair Matthew Finkin, Rahim Benekohal, Kay Emmert, Charles Roseman, Emily Wenneborg
Absent: Clare Budin, Sandra Kopels, Kevin McSweeney, Juan Suarez Ontaneda, Ann Reisner, Pamela Wilkins
A regular meeting of the Senate Committee on Academic Freedom and Tenure (AF) was called to order at 10:05 am with Chair Finkin presiding.
I. APPROVAL OF MINUTES
The minutes of the December 11, 2019 meeting were approved as distributed.
II. PUBLIC COMMENT
No requests received.
III. CHAIR’S REMARKS
No remarks.
IV. OLD BUSINESS
AF.20.01, Review of the Bylaws, Part D.2 – Committee on Academic Freedom and Tenure
No new discussion.
AF.20.02, Review of the Committee on Faculty Sexual Misconduct Report and Recommendations
Chair Finkin gave an overview of the committee discussion at the last meeting.
Chair Finkin commented on the scope of the consultative group once a sanction is recommended and noted that there is no required consultation with the person being accused and no examination of witnesses. He commented that the hearing body should have the option to decide whether the issue is best resolved by hearing from witnesses; however, this is not currently an option in the process. The specific section referenced was on page 49 of the report:
More specifically, the procedures used to impose some lesser or progressive sanctions for violations of the new policy could offer notice and an opportunity to be heard but only after a sanction has been imposed. Faculty review boards could begin with findings from the Office of Access and Equity (OAE) and overturn them only if a faculty respondent can show by a preponderance of the evidence—and without a live hearing or cross-examination—that either (1) the alleged misconduct did not occur; (2) the sanction was disproportionate given the respondent’s disciplinary history; or (3) the conduct that is being sanctioned was a valid exercise of academic freedom. Though statutory changes would be required to make the option possible, this Committee believes that the University and System should consider allowing for progressive, severe sanctions short of dismissal to be imposed in the same streamlined manner as for nonsevere sanctions if behavior keeps recurring that has already been sanctioned and violates a prior letter of expectation. In this form, faculty review would allow for expeditious and trauma-informed responses to sexual misconduct while still protecting due process, academic freedom, and shared governance.
AF members noted that the process referenced is to appeal when a sanction has been given and questioned if the hearing would take place at the previous step in the process.
AF members suggested inviting representatives from the Committee on Faculty Sexual Misconduct to discuss the report at the next meeting. AF members will compile questions for discussion with the representatives.
Chair Finkin will recirculate materials for discussion on the report prior to the next meeting.
AF.20.03, Review of the Statutes, Article IX, Section 6 – Severe Sanctions Other Than Dismissal for Cause for Members of the Faculty
No new discussion.
V. NEW BUSINESS
No new business.
VI. ADJOURNMENT
The meeting was adjourned at 10:50 am.
https://uofi.app.box.com/v/AcademicFreedomandTenure/file/629534525458