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She has an Ed. The university administration, in a report prepared in August as part of the process to obtain accreditation by NEASC, described the program as "designed to exhibit the same core attributes that mark all offerings at this institution: career and professional orientation, student-centered approach, employment focus, innovative program design, experiential learning, and action rather than theoretical research.
The program admitted its first students in fall At the time, the program had four full-time faculty members, all of whose principal specialties were in the areas of elementary and secondary education. In spring , the NEASC accrediting commission, in a preliminary review of the program, expressed concern that it lacked faculty members whose primary research interest was higher education.
As a result, Professors Nelson and Taylor-Dunlop were offered and accepted appointments beginning in August Throughout the academic year, Professors Nelson and Taylor-Dunlop took an active role in discussions with the other faculty members in the program and with Dean Boyle over curriculum, course procedures, examinations, and related matters.
In particular, they and their colleagues spent a good deal of time discussing whether to require a comprehensive doctoral examination, and, if so, what it should entail and whether it should be administered on campus or not.
Professors Nelson and Taylor-Dunlop favored a comprehensive examination administered on the campus. Other faculty members in the program initially resisted the idea of such an examination, as did Dean Boyle, and then preferred that students be allowed to take it at home, which was the position eventually adopted. On the question of the content of a take-home comprehensive examination, Professors Nelson and Taylor-Dunlop argued that it should be in the form of a major research paper that would take into account the literature in the field.
Their colleagues and Dean Boyle preferred a much shorter paper that focused on the content of materials covered in the classroom.
Professors Nelson and Taylor-Dunlop were also at odds with their colleagues concerning the importance and content of dissertation proposals. The two wrote that they "consistently took the position that in the absence of thoughtful proposals, decent doctoral-level dissertations would be an impossibility.
Lastly, there were disagreements over whether and to what extent courses offered in the doctoral program should be online. Beyond the discussions that Professors Nelson and Taylor-Dunlop had with Dean Boyle and other faculty members about the content of the educational leadership program, they were actively engaged in their teaching and other duties. The student evaluations of Professor Nelson's teaching were generally good; he accepted assignments from Dean Boyle to prepare courses on short notice for which the dean expressed appreciation , and his syllabus for a course he taught on student development continued to be used in the same course after he left the university in spring He also pursued research interests, writing several articles and preparing his doctoral dissertation for publication.
Professor Taylor-Dunlop's teaching received high student evaluations, and during the academic year she presented papers at several conferences. Indeed, in March the administration issued her a round-trip plane ticket so that she could present a paper in France. In addition, Professor Taylor-Dunlop served as the representative of the graduate school on the University Committee on Academic Rank, a joint faculty-administrative body that reviews all faculty candidacies for promotion.
On May 15, , three days before Professor Taylor-Dunlop received notice of nonrenewal of her appointment, the members of the committee unanimously elected her as its chair for the next academic year.
They both assumed that the dean wished to discuss his evaluation of their work. Much to their surprise, however, he informed each of them that their faculty appointments would not be renewed beyond the end of the academic year. Professor Nelson reports that the dean told him that he "did not fit the culture of the doctoral program" or the "culture of the university," and that he "belonged at a place like Brown.
Professor Taylor-Dunlop's meeting with Dean Boyle took less than five minutes. She reports that the dean told her that he need not give a reason for the decision and that it was "not negotiable. Shortly after returning to their offices, the two faculty members discovered that their access to the university's computer server had been discontinued, depriving them of immediate e-mail access to students before the semester ended. They were able to reestablish e-mail contacts with students through their own computer servers, however, and turned in final grades.
In identical responses to each faculty member dated May 27, Vice President Schneider stated in reply that the "offer of a new contract to a faculty member whose contract has expired is an employer prerogative and, accordingly, is not covered by the faculty resolution procedure to which you referred in your letter.
The decision of the Dean is final in this case. Professors Nelson and Taylor-Dunlop wrote to the Association in June, seeking its advice and assistance. The staff, in a letter of July 9 to President Yena, questioned the adequacy of the procedures available to Professors Nelson and Taylor-Dunlop to appeal the notices of nonreappointment and the lateness of the notices. The staff also raised concerns about the reasons for the notices of nonrenewal and their potential ramifications for academic freedom.
Receiving no response, the staff wrote again on August In a letter to the staff dated August 27, General Counsel Del Sesto stated that the "matter currently resides in another forum," apparently a reference to the complaint filed by the two professors with NEASC. As noted previously, the Association's general secretary then proceeded to authorize an investigation, and President Yena was so informed by letter on September 1.
Instead, all faculty members serve under indefinitely renewable term contracts, and most contracts are for only one year. Under new policies that went into effect in September , faculty members who have served for a minimum of six years and hold the rank of professor, or who have served for twelve years and have the rank of associate professor or senior instructor, are eligible to apply for two- or three-year contracts.
Two-year contracts are available to faculty members who have served for a minimum of eight years and hold the rank of associate professor or senior instructor. The university's faculty manual is silent with respect to standards for issuing notice of nonreappointment. Association-supported standards call for notice not later than March 1 of the first academic year if the appointment is to expire at the end of that year. AAUP standards also require that notice should be issued not later than December 15 of the second year of service if the appointment is to expire at the end of that year, and at least twelve months before the expiration of an appointment after two or more years of service at an institution.
These standards recognize the practical difficulty faced by an individual moving from one position to another in a profession in which vacancies are normally filled in accord with the academic calendar. While notice as late as March 1 in the first year of service places a faculty member at some disadvantage in seeking another position-the placement activities of most professional organizations will have been concluded, and many vacancies for the following year will have been filled-the disadvantage can be greater if the decision on reappointment is premature.
The March 1 deadline allows the institution a reasonable amount of time to determine whether or not the appointment of a first-year faculty member should be renewed. In the cases of Professors Nelson and Taylor-Dunlop, they say that, prior to their respective meetings with Dean Boyle on May 18, they had no reason to believe that their appointments would not be renewed, and thus had no reason to seek faculty positions elsewhere.
Whatever opportunity they might have had to obtain other faculty appointments if they had received timely notice of nonrenewal according to the above-cited standards was lost by May 18, and each was left without a full-time faculty position for the academic year.
The investigating committee finds that the notice given to Professors Nelson and Taylor-Dunlop, when measured against Association standards, was egregiously late. The Association's Statement on Procedural Standards in the Renewal or Nonrenewal of Faculty Appointments provides that recommendations regarding renewal of faculty appointments should be "reached by an appropriate faculty group in accordance with procedures approved by the faculty.
If the faculty member then requests the reasons in writing, they are to be provided. The Statement on Procedural Standards , incorporating Regulation 10 of the Association's Recommended Institutional Regulations on Academic Freedom and Tenure , further calls for a faculty member who alleges that a decision against reappointment was based significantly upon considerations violative of academic freedom to be afforded the opportunity for review of the allegation by a faculty committee under specified procedural safeguards.
Professor Nelson reports having been told by Dean Boyle only that in some unspecified way he did not "fit" the educational leadership program or the university. Professor Taylor-Dunlop states that she was given no reason at all.
As for the matter of faculty appeals, the university's "faculty resolution procedure" offers faculty members who have one-year contracts the opportunity to have a "fair, objective, impartial review of one's concerns," but exempts from the procedure "areas involving employer prerogatives. A different appeal procedure is available for faculty members who have multiyear contracts, and there is no mention of "employer prerogatives. Professors Nelson and Taylor-Dunlop, in not having a procedure available through which they could appeal the notices of nonreappointment, were denied safeguards of academic due process that are commonly accepted in the academic profession and to which they were entitled under Association-supported standards.
The Statement of Principles declares that academic freedom is essential to the purposes of institutions of higher education and should be assured for all faculty members. The investigating committee finds that Professors Nelson and Taylor-Dunlop were acting within the ambit of academic freedom in dissenting as they did on curricular matters in their discussions with Dean Boyle and with other faculty members in the educational leadership program.
Nonetheless, the committee believes that there is sufficient evidence for the observations and conclusions that follow. The appointments of Professors Nelson and Taylor-Dunlop were made in response to concerns expressed by NEASC that the educational leadership program lacked faculty members whose primary research area was higher education.
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