TIHE MICHIGAN DAILY ier defends Action in '54 Faculty Dismissals Prof. Markert's reinstatement ob- viated many of the reasons for dismissing the other two men and raised serious questions about the University's proceedings. To a Daily editorialist, for instance, Prof. Nickerson had behaved be- fore all committees just as Prof. Market did-the only difference appeared to be that the latter criticized the party more strongly than the former. Faculty Rebuke f Early in October, 1964, the two dismissals drew a fairly strong rebuke from the faculty. "Regret- ting" the President's move, the faculty was disturbed, not only by the action itself, but by the facts that it was taken when school was not in session and that it dis- regarded-in Prof. Nickerson's case-the recommendations of the two Senate committees. The faculty statement followed a lengthy speech by Hatcher in which the President presented a review of events, reports and' thoughts in the decisions to dis-i miss Prof. Nickeirson and Davis and reinstate Prof. Markert. Hatcher claimed that the timing of the dismissals "was a matter quite beyond our control. We have pursued the cases diligently, and they have moved as fast as they could consistent with fair proce- dure and judicial study." He emphasized the importance of considering the times in evalu- ating the firings: "We must keep in mind the context of 'these in- quiries and their relationship to the grave crises which we have. faced and which still menacingly confront us . . . 'Skilled, Relentless Intrigue' "We are not dealing with a political party in our traditional and accepted sense of American freedom, but with a skilled and crafty and relentless intrigue which, i.s successful, would deliver us into the hands of those who would destroy our freedoms . ." The faculty's expression of re- gret over the dismissals by no means ended the issue, however. For at least a month afterwards, faculty and student concern was turned to the issue of severance pay for Davis. A statement of principles by the American Association of Univer- sity Professors declared that a dismissed teacher is entitled to one year's pay unless he had been fired for "moral turpitude." When Davis made it known that he was not receiving this pay, students, faculty and the AAUP made var- ious demands that Davis be duly compensated. No Pay, On October 14, 1954, the Regents announced there would be 'no severence pay for Davis. Accord- ing to University Relations Direc- tor Arthur Brandon, the question was "'where to get the money." This was the only reason given for the decision., Davis would not accept the rea- son, claiming he was entitled to severance pay and that the matter was not, as the Regents had stated, closed.' Literary college faculty mean- while continued efforts to raise funds to support Davis, especially in his drawn-out contempt trials. This dismissals issue arose again in the summer of 1955 when a number of faculty committee rec- ommended policies for handling future dismissal cases. A committee concerned with severance pay said that pay should be denied only "where the asserted ground for dismissal in the area of political non-conformance is that there is competent evidence to establish beyond a reasonable doubt that the individual con- cerned has been guilty of felonious conduct." Only If No Illegality The committee elaborated upon this to the effect that severance pay should not be extended if the dismissed teacher has violated a national or state law. The report of this committee was subsequent- ly adopted by the Senate. Another committee reporting at Anticipate New ,Job for Sawyer Dean Ralph Sawyer of the grad- uate school will be appointed act- ing director of the American. In- stitute of Physics this fall, un- official sources have disclosed. Sawyer retired as vice-president for research this summer and will retire from his post as graduate school dean as soon as a replace- ment is found. The Institute was founded in 1931 through the joint efforts of four professional scientific socie- ties. Among other activities, it pub- lishes virtually all of the physics journals in -the country. Four of these nine publications are owned by the Institute itself. Sawyer has been chairman of the governing board of the Insti- tute since 1959. He said recently that he would have no comment on the appointment possibility un- til the present director retires Oct. 1. the time asked that a Senate Subcommittee on Tenure be es- tablished to review all cases of dismissal for conduct "regarded as potentially disqualifying a person for continued membership or in- imical to the welfare of the Uni- versity or society." This move was aimed at formalizing the pro- cedures actually taken in the Nickerson and Davis cases. It, too, was adopted. But the most significant report- that of the Committee on the Re- sponsibilities of the Faculty to Society-was rejected in a close mail vote. The committee had at- tempted to rebut assertions that University professors, because their employer is. a state institution, owe political conformity and com- plete cooperation with investiga- tors to the public. Right Te Be Silent Its statement, while agreeing that a teacher should be honest, argued that "as a citizen he has a constitutional right to be silent: in certain cases. "Nor can it be argued, as it seems to be, that because he claims the fullest right to speak, therefore he must speak . . . His having a right to speak only im- plies that he must be allowed to speak, not that he must speak." Upholding the professor's right to withhold "complete self-revela- tion," the committee defended re- fusal to speak when a man "sin- cerely believes . . . that an in- vestigating agency is invading his legal and moral rights . . ,. or that the questions asked are ir- relevant to his fitness for an academic position." Academic freedom-the freedom "to criticize popular opinions"- cannot be effective if it stops, within the University, the com- mittee continued. Thus the teach- er "should be permitted to exer- cise his rights as a citizen without risking his job, income or ad- vancement, as long as he satisfies the requirements of competence and professional ethics and citi- zenship. In this sense, academic freedom involves a reassertion for the faculty member as such of the rights of men and citizens.' Even if Embarrasses 'U' "It follows that a professor may on occasion have not only the right, but the duty, to take a position or to speak out even "As a citizen (the profes- sor) has a constitutional.! right to be silent in certain cases. Nor can it be argued, as it seems to be, that be- cause he claims the fullest right to speak, therefore he must speak." -The Faculty Committee' on the Responsibilities of the Faculty to Society when doing so is embarrassing to his university. If ''his stand is taken in the interests of reason and truth, it must be honored, not penalized . "(The faculty member also) has rights correlative to the duties he owes his colleagues. Insofar as he owes them candor, confidence, co- operation or respect, he also has a right to expect these from them, and they have an obligation to return them. - "Among other things, he has a right to expect, if occasion arises, that they will assume him to be innocent until he has been proven beyond a reasonable doubt to be guilty "A state university, if it is to remain true to its purpose, can- not require its teaching staff to surrender any of their rights asj men or as citizens, for it is not the organ of any religious or in- dividual group, nor even-. of a government, but of a society." Surprised at Defeat Proponents of the report in- dicated at the time that they would seek to have another com- mittee study the same issue. They were surprised that the report had been defeated, but said the defeat probably came because the report asserted the right to silence when. asked about political beliefs. After a bit of controversy over the rejected report, the dismissal cases seemed forgotten. The Uni- versity was shocked from its slum- ber, however, when after a four- year silence the AAUP moved to censure the administration for its 1954 actions. Implying only that the Univer- sity would be listed as censured until conditions leading to tle judgment were believed corrected, censure is nevertheless a signifi- cant and feared weapon of the AAUP. Thus its statement in April, 1958, stirred anew the somewhat. dusty controversy. No Proper Grounds' The AAUP specifically charged that, whatever might be thought of the dismissal of Davis, "there. can be no doubt about the lack of proper grounds for the dis- missal of Prof. Nickerson . . . The' charges against (Prof. Nickerson: and Davis) were not stated with particularity, and the dismissals were not related to the charges made. The dismissals were based upon grounds either improper or unsupported by substantial evi- dence." Noting that "procedural im- provements in the (Regents') by- laws are gratifying," the AAUP said that "they remain, however, insufficient to offset the threat of a basic administrative philos- ophy which upholds the right to dismiss on inadequately supported g'rounds., It was not until October, 1959, that the AAUP was finally satis- fied with procedural rules and lifted its censure. At least partly responsible foi the decision was the Regents' June, 1959 adoption of new assurances of severance pay for dismissed faculty mem- bers. COMING SOON: The Firings in Retrospect APA Granted Aid for Plays The Association of Producing Artists, resident repertory com- pany at the University, has been given a grant from the Rockefeller Foundation, It will enable the APA to do special work in speech and body movement in preparation for the four plays to be produced on campus in the Professional Thea- tre Program's Fall Festival. The company, under the artis- tic direction of Ellis Rabb, will be preparing for the extensive use of special choreography and musical background in the American pre- miere of Tolstoy's "War and Peace" as well as in Brendan Behan's "The Hostage." wai a I .I , ' " I 1 B MBO'S !t ian Uillaye 114 East Washington Phone 665-3231 WANTED PEOPLE TO PLAN THE Uof M WORLD'S FAIR Contact Int. Affairs Com. -- Union Student Offices GRIAD -MIXER VFW HALL 314 EAST LI BERTY AIRHCONDITIONED FRIDAY, SEPTEMBER 4 9-12 P.M. STAG OR DRAG ONE DOLLAR DONATION-REFRESHMENTS ARDEN MIESEN'S BAND Sponsored by Graduate Student Council t. %_w~ PIZZA '; ' ;; °, CHEESE .$1.25 ONION.......... BEEF .. BIMBO'S SPECIAL .... (Sausage, Green Peppers, Onions) SAUSAGE............ PEPPERONI............ HAM ............ .... BACON :.:: GREEN PEPPER .... ANCHOVIE ....... SHRIMP.............. MUSHROOM ............ OLIVE. FRIDAY SPECIAL ... 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America' s Best Dry 'Cleaning Valuer f r recommended by these famous fashion houses C ur . f. . . " .. , r, CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS 2141 Brockman Boulevard, 668-8715 Mormon Church History. Thursdoys, beginning Sept. 3, 5:45 p.m. 3545 Student Activities Bldg. Instructor: Mr. George Jarivs B{NAI B'RITH HILLEL FOUNDATION 1429 Hill Street, 663-4129 Courses to yet be announced. Call Dr. Herman Jacobs, Director, Hillel Office, 663-4129 UNIVERSITY LUTHERAN CHAPEL (Missouri Synod). 1511 Washtenaw Avenue, 663-5560 Christian Doctrine. Mondays, beginning Sept. 14, 8:00 p.m., University Lutheran Chapel, 1511 Washtenaw Ave. Instructor: The Rev. Alfred T. Scheips n LUTHERAN STUDENT CENTER AND CHAPEL (National Lutheran Council) Hill Street at South Forest Avenue, 668-7622 The Teachings of the Various Denominations of the Christian Church. Tuesdays, Sept. 15-semester's end, 7:15 p.m., Lutheran Student Center, Hill and Forest Aves. Instructor: The Rev. Henry 0. Yoder, D.D. State and Huron Streets, 668-6881 WESLEY FOUNDATION (Methodist) Basic Christian Beliefs. Tuesdays, Sept. 8-Oct. 13, 12-00-1:00 p.m., Wesley Student Foundation, State and Huron Sts., Lunch included. Instructor: The Rev. Gene Ransom. Basic Themes in the Bible. Thursdays, Sept. 1'0-Oct. 15, 7:00-8:00 p.m., Wesley Student Foundation, State and Huron'Sts. Instructor: The Rev. Jean Robe Bissell UNIVERSITY REFORMED CHURCH 1001 East Huron Street, 663-0348 and 665-8951 "Who Is Christ?" A Series of Six Lectures. Mondays, Sept. 28- Nov. 2, 8:00 p.m.,University Reformed Church, 1001 E. Huron St. Lecturers: to be announced THE NEWMAN CLUB New-man Center, 331 Thompson Street, 665-5646 Theology 101. The Fundamentals of the Catholic Faith Mondays and Thursdays, beginnings Sept. 14 and 17, 10:00 a.m., 2-4-8:00 p.m., Gabriel Richard Center, 331 Thompson St. Instructor: Msgr. John F. Bradley Theology 201. The Foundations of Christian Theology, Tuesdays, beginning Sept. 15, 2-4-8:00 p.m., Gabriel Richard Center, 331 Thompson St. Instructor: The Rev. Thomas G. Litka Philosophy 101. Introduction to Scholastic Philosophy. Mondays, beginning Sept. 14, 8:00 p.m., Gabriel Richard Center, 331 Thompson St. Instructor: Mr. Thomas Schoenbaum. Philosophy 201. Psychological Issues-Aquinas and Freud. Tuesdays, beginning Sept. 15, 8:00 p.m., Gabriel Richard Center, 331 Thompson St. Instructor: Mr. Patrick Lucas Philosophy 301, Christian Existentialism. Tuesdays, beginning Sept. 15, 8:00 p.m., Gabriel Richard Center, 331 Thompson St., Instructor: Mr. Theodore Thompson History 101. History of Early Christianity. Tuesdays, beginning Sept. 15, 1-3-7:00 p.m., Gabriel Richard Center, 331 Thompson St. Instructor: Mr. Thomas Giles. to the 14th Centuries. Tuesdays, beginning Sept. 15, 7:00 p.m., History 201. The Development of Christian Art from the 4th Gabriel Richard Center, 331 Thompson St. Instructor: Mr. Bernard Bonar History 301. The Reformation and Christtion Unity. Thursdays, beginning Sept. 17, 7:00 p.m., Gabriel Richard Center, 331 Thompson St. I nsti uctor: Mr. Timothy Gregory Ethics 101. Nursing Ethics. Mondays, beginning sept. 14, 8:00 p.m., Gabriel Richard Center, 331 Thompson St. Instructor: The Rev. Thomas G. Litka Ethics 201. Medical Ethics. Thursdays, beginning Sept. 17, 7:00 p.m., Gabriel Richard Center, 331 Thompson St., Instructor: Msgr. John F. Bradley 1 1 ' Theology 301. Studies in Sacred Scriptures: The History and Theology of the Old Testament. Thursdays, beginning Sept. 17, 1-3-7:00 p.m., Gabriel Richard Center, 331 Theology 401. Christian Marriage. Mondays and Thursdays, Thompson St. Instructor: The Rev. Thomas G. Litka. beginning Nov. 2, 9:00 p.m., Gabriel Richard Center, 331 Thompson St. Instructor: Msgr. John F. Bradley. THE NEWMAN CLUB (Continued from first column) ,' to preserve the smartness of fine clothes SAI SERVICE It's the only dry cleaning that includes Soft-Set® finish to give your spring and summer garments both the appearance and feel of newness. Add to this thorough, gentle, fibre-deep cleaning; careful attention to' belts, buckles, trim; expert professional pressing-it adds up to America's best value in dry cleaning! Call on us today for nationally advertised Sanitone grey. 8-14 Jantzen's braid trimmed slingshot jumper in wool flannel. Red with black braid, solid brown or 'I THE UNIVERSITY OF MICHIGAN, OFFICE OF RELIGIOUS AFFAIRS, 2282 Student Activities Building, 764-7442 Christian Ethics and Modern Society. Thursdays, Sept. 10- Nov. 19, 12:00-1:00 p.m., Michigan League, Conference Room II, Luncheorf 50c. Instructor: Dr. N. Patrick Murray American Culture and the Crisis of Identity. 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