Twenty-one years ago the State of Idaho was in a deep financial crisis, although our current one is much more serious. In May of 1981 the Board of Regents declared financial exigency in Ag Research and Extension and 17 faculty members, 11 of them tenured, were given a 30-day termination notice. AFT officers interviewed everyone on the lay-off list and one, Lois Pace in 4-H, decided to file suit against the UI. The AAUP sent in an investigating team and later in 1983 placed the UI on its list of censured institutions. More than $40,000, 90 percent of it from the AFT, was raised for Pace’s legal fees. In 1986 Pace won her case and seven other faculty filed suit in the wake of her victory. Pace received $40,000 in cash, $45,540 in legal fees, and $2,000 a month for life. When the seven other cases were concluded, the total settlement exceeded one million dollars. Because of the deterrent effect of the Pace suit, the 1982 exigency was handled with only one staff dismissal, a case in which, once again, the AFT helped achieve a just settlement.
In October 2002, without any discussion or input from faculty, the Board of Regents published new policies regarding the dismissal of tenured faculty under Section III.G.8 and III.G.9 in its Governing Policies and Procedures. This new dismissal policy does not allow for any evaluation of targeted programs or positions; therefore, there can be no faculty input with regard to discontinuing programs. The new policy does allow due process, but the restrictions on the hearing board make the process meaningless. Here is the exact language at III.G.9.b.2.d: “An employee who receives a notice of termination as a result of program discontinuance is entitled to use the internal grievance procedures of the institution. The sole basis to contest a dismissal following a program closure is in compliance with these policies.”
This language essentially means that a unilateral decision of the administration cannot be contested. Courts have consistently held that tenure is a property right and that it cannot be removed without just cause and full due process. We urge any UI staff and faculty appeal board to reject any termination under this new policy as inconsistent with just cause and due process.
The financial exigency policy used in 1981 and 1982 (Governing Policies and Procedures II.N; Faculty Staff Handbook Section 3970) does have procedures for evaluating programs and allows appeals all the way to the Board of Regents. It is harsher only in that it allows the administration to give 30-days notice rather than the one year notice in the Regent’s new dismissal policy.
THE AFT IS HERE FOR ALL FACULTY AND STAFF
The AFT Grievance Committee (see full details at www.uidaho.edu/aft) is ready to hear grievances from all UI employees, and AFT membership is not a condition. Igor Mazur, a valued staff member of the physics department, was laid off during the 1982 exigency, and he won a settlement primarily because of AFT support. The national AFT Defense Fund has been very generous to Idaho, but national money will not be granted without sufficient state and local support. Our local and the state affiliate, the Idaho Federation of Teachers, have only limited resources. Only increased membership will make us strong enough to protect all positions during this crisis. PLEASE JOIN US TODAY