THE MICHIGAN DAILY WEDNESDAY, A
essors Association Issues Summary o Davis-Nickerson C
PRIL 16, 1958
ase
ITOR'S NOTE: This is a highly
nsed version of the American
ation of University Professors'
ton the suspen ion of three
rsity faculty members, and the
Iuent dismissat of two of them.){
By RICHARD TAUB
May 10, 1954, University,
ent Harlan Hatcher sum-
V suspended three faculty
er without loss of pay.
r that day, they had refused
iswer questions concerning
t or past identification with
Dmmunist Party, put to them
subcommittee of the House
nerican Activities Commit-
. . On August 26, 1954, after
sity proceedings which in-
1 hearings bel.d by two fac-
ommittees, two of the sus-
d men were dismissed with-
verance pay and the third,
h reinstated, was censured.
. Mark Nickerson, one of
en dismissed, had been since
,n associate professor in the
Lacology department in the
al school, with tenure. H.
ller Davis had been since
n instructor on a five-year
itment in the Mathematics
tment. .. . The man rein-
with censure, referred to in'
eport as Dr. X, because he,
A seek aid from the AAUP
d not release relevant docu-
to us, had been since 1953
sistant professor in one of
e-science departments in the
e, on a three-year appoint-
\'/ '
to institute dismissal proceedings
against them.
This committee, after holding
hearings,, recommended that Dr.
Nickerson, though it found him
subject to censure, be reinstated.
. ..; that Dr. X, though also sub-
ject to censure, b reinstated; and
that Dr. Davis be dismissed.
The President then reinstated
Dr. X and instituted dismissal pro-
ceedings against both Dr. Davis
and Dr. Nickerson. Dr. Nickerson
and Dr. Davis thereupon requested
a hearing before the faculty com-
mittee provided in the University
by-laws.
No evidence adduced before
these faculty committees . .. tend-
ed to show that any of the three
had ever engaged, before his sus-
pension, in unlawful or improper
conduct. Each .told all three com-
mittees that he had never believed
in or advocated or practiced .the
specific objectives and conduct
which the committees indicated
they attributed to Communists....
Competence Unquestioned
The competence of both Dr.
Nickerson and Dr. Davis as teach-
erg and research workers was
never questioned.
The second faculty committee
unanimously recommended the re-
instatement of Dr. Nickerson and.
the "dismissal of Dr. Davis. Presi-
dent Hatcher, giving weight to an
adverse recoihmendation made by
the Executive Committee of the
Medical School, recommended to
the Regents that Dr. Nickerson as.
well as Dr. Davisbe dismissed....
It is difficult to state precisely
the grounds upon which the Uni-
versity dismissed the two men be-
cause the proceedings were not
centered throughout, as the Uni-
versity by - laws provided they
should be, upon a written state-
ment setting forth "with reason-
able particularity" the. "reasons
for the proposed dismissal."
H. CHANDLER DAVIS
*** dismissed from 'U'
reasons was only one of a number
of departures from the procedures
prescribed by the University by-
laws. Most important, Dr. Nicker-
son and Dr. Davis were either not
given, or not given soon enough to
afford them the reasonable time
for necessary preparation, certain
documents and records which they
needed in preparing their cases.
Our investigation has convinced
us that the dismissals of... . (both
men), and also the summary sus-
pensions of all three faculty mem-
bers, were inconsistent with the
principles of academic freedom
and tenure:
I. THE SUMMARY
SUSPENSIONS
Nothing was said about why the
suspensions were deemed neces-
sary, either in the identical letters
of suspension which President
Hatcher had delivered by mes-
senger to Dr. Nickerson, Dr. X,
and Dr. Davis a few hours after
their appearance before the Con-
gressional committee. . . . Presi-
,dent Hatcher later said of his sum-
mary suspension of the three men:
"I took the minimum action open
to me under the procedures en-
dorsed by the Senate and approved
by the Regents."
This was a clearly erroneous in-
terpretation of amendments to the
University by-laws adopted by the
Regents on October 16, 1953. Noth-
ing in the by-laws, as amended,
made suspension mandatory.
II. THE DISMISSAL
PROCEDURE
The procedural deficiencies that
occurred in these cases were almost
wholly unfortunate and unintend-
ed consequences of praise-worthy
attempts to ensure fair treatment
for members ,of the faculty ques-
tioned by Congressional commit-
tees.... This blending, (the estab-
lishment of new special procedures
for these cases) coupled with the
desire of the University adminis-
tration that the proceedings be as
expeditious as those which the
amendments to the by-laws au-
thorized, brought about unfore-
seen consequences which, we are
convinced, constituted, when con-
sidered together, a failure to ac-,
cord academic due process....
III. THE NICKERSON CASE
We base our conclusions that
the grounds on which the Univer-
sity authorities dismissed Dr. Mark
Nickerson were either improper or
unsupported by substantial evi-
dence, and that he was not ac-
corded academic due process in
the dismissal proceedings, upon a
careful analysis of the complete
record. ... we can keep the length
of this report within practicable
limits only by treating summarily
matters.... we should like to dis-
cuss in detail.
* * *
1. The Record Obscure as to the
Grounds of Dr. Nickerson's Dis-
missal.
2. The grounds for the dismissal
of Dr. Nickerson either improper
a. Findings -of past or current
advocacy or practice of illegal or
immoral Communist objectives or
activities, or of present innocent
membership in the Communist
Party, not suppor.ted by substantial
evidence.
b. Neither past nor present in-
nocent membership in the Com-
munist would in itself justify dis-
missal.
* *
c. Invocation
Amendment would
justify dismissal.
s
of the Fifth
not in itself
* * *
d. Dr. Nickerson's having sign-
ed; when he' accepted appointment
at the University, an affidavit of
the "disclaimer oath" type, with-
out volunteering the information
that he in the past been a member
of the Communist Party, did not
justify his disiissal.
* s #
e. A finding that, although clas-
sified projects were under way in
the Pharmacology Department, Dr.
Nickerson accepted an appoint-
ment therein without volunteering
the information that he had in the
past been a member of the Com-
munist party, would not justify his
dismissal.
* * *
f. The Medical School's recom-
mendation that Dr. Nickerson- be
dismissed did not justify his dis-
missal.
IV. THE DAVIS CASE
(These are the summary state-
ments of the report's case).
1. Grounds for Dismissal of Dr.
Davis Either Improper or not Sup-
ported by Substantial Evidence.
a. No finding of Communist
Party membership, past or present,
innocent or otherwise, or of illegal
or immoral activities, was' sup-
ported by substantial evidence in
I the record; moreover, innocent
or not supported by
evidence.
* * *
substantial
I
efusitg to answer questions
them by the Congressional
ittee all, three men invoked
irst Amendment. . . . Dr.
son, on advice of counsel,
r. X also invoked the Fifth
Iment. . . . After President
er summarily suspended the
men, he arranged for a
ng committee of the Uni-,
Senate to appoint an ad
iculty committee to advise
hether to reinstate them or
B l
ive Talk
'Hillary Bissell will speak.
'.nging Values in Inter-
Relations" before a meet-
he National Association for.
advancement of Colored
at 8pm. tomorrow in Rm.
he Michigan Union.,
Bissel was state secretary.
te treasurer of the NAACP,
i also served on the Grand
Human Relations Commis-
Hatcher Explains
in explaining, after the dismissal
of Dr. Nickerson had occurred, why
he had recommended it; President
Hitcher indicated; 1) "that it was
difficult to accept" Dr. Nicker-
son's statements that he had with-
drawn from the Communist Party
and his "disavowal of the illegal
and destructive aims of the Com-
munist party," and 2) that Dr.
Nickerson's "continued member-
ship in the Medical faculty would
be harmful to the School and may'
ire the reputation of the Uni-'
versity as a whole."
Dr. Davis,. we have concluded,
was dismissed because he was be-
lieved to be a present member of
the Communist Party, on the
theory that present membership
necessarily involves acceptance of
illegal and immoral principles and
methods of aetion....
Failure to center the dismissal
proceedings upon a single par-
ticularized statemnent of proposed
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