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June 21, 1955 - Image 10

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Michigan Daily, 1955-06-21

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C

. ' IT l MICHIGAN DAILY

IUIDY

Several Faculty Senate Committees File R

epo,

(Continued fromrPagen1)

45

Y

The committee wrote, "The Re-
gents, the administrative officers
and the faculty of an institution
must share the serious responsi-
bility of determining the accept-
able principles of tenure and im-
plementing them in such a
manner as. to ensure, on the one
hand, justice to the individual
staff members, and on the other,
the best interests of the institu-
t.on and the larger society which
it serves."
Two definite categories of dis-
missal cases were thought to ex-
ist by the committee; Type A in-
volving-deficiency in tne perform-
ance of academic duties; and
Type B, where "conduct is regard-
ed as potentially disqualifying a
person for continued membership
li the academie. community or
inimical to the welfare of the
university or society."
Entire Faculty's Concern
The latter type cases were con-
sidered the appropriate concern
of 'the. university as a whole. and
not merely the problem of the

department or college in which
the faculty member concerned is
teaching. A c t u a l procedural
change is dependent upon change
of Regents by-laws.
Prior to approval of this com-
mittee's recommendations at the
Senate meeting last month, there
was no distinction -between types
of dismissal cases.
Under the new plan, a Subcom-
mittee on Tenure would be cre-
ated, which would be respon-
sible to the Senate Advisory Com-
mittee. This Subcommittee would
serve as the original hearing com-
mittee for cases where continued
membership on the faculty is con-
sidered inimical to the welfare of
the university or society.
Review Body
After Subcommittee hearings,
the SAC would review the Sub-1
committee recommendations or
conduct hearings of its own. Its
recommendations would then be
given to the President and Re-
gents for final approval.
Ir cases involving deficiency in
performance of academic duties,

action of dismissal is begun by the
school or college involved, and
recommendations are made to the
SAC and then to the President.
Past Procedure
During the hearings last year
in the cases of Prof. Niceterson,
Davis. and also of Prof. Clement
Markert of the zoology depart-
ment, who was retained on the
faculty, hearings were instigated
by the executive committees of
the school of college involved. De-
partment hearings were also held.
A Senate Advisory Committee
then conducted hearings and
made recommendations, and an
ad hoc committee on Intellec-
tual Freedom and Integrity acted
as an appeal committee
The President and Regents
,,.lade the final decisions, and in
.ne case, that of Prof. Nicker-
son. the administrators reversed
te decisions of the reviewing
body..
Members of the committee
studying tenure mattershwere
Prof. Robert C. Angell, of the so-
ciology department; Prof. Stephan
Attwood of the engineering col-
lege; Prof. Burton Baker of. the
zoologydepartment; Prof. Ken-
neth Easlick of. the dentistry
school; Prof. Russell A. Smith of,
the law school; Prof. Clark Trow
of the education school and Prof.

E. Lowell Kelly of the psychology'
department, chairman.
Severance Pay
The Committee studying sev-
erance pay was originally set up:
as a result of the Davis. case last
year. Davis received no severance
pay from the University, although
the decision to dismiss him was
announced effective immediately.
Literary college faculty mem-
bers staged a fund drive for Da-
vis when he did not find new em-
ployment. They also asked that
severance pay be gives him, but.
the Regents refused.
Members
Members of the committee were
Prof. Merwin H. Waterman of the
business administration school,
chairman; Prof. Ernest Brater of
the engineering college; Prof. Wil-,
liam LeVeque, of the mathematics
department; Prof. Wilbert McKea-
chie of the psychology depart-
ment; and Prof. L. Hart Wright, of,
the Law School.
Six points were considered by
the Committee. They are as fol-
lows:
1) Is severance pay ever justi-
fied?
The committee felt that when
reasonable notice of impending
dismissal is given, so that a facul-

ty member can re-locate, sever-
ance pay is not justified.
Severance pay is nothing more
than a substitute for reasonable
notice of dismissal the commit-
tee wrote.
2) If severance pay is justified;
under some circumstances, how
should its amount be caluculated?
The committee felt that periodic
payments covering one academic
year should be made. They rec-
ommended that payments be made
monthly, and stopped if an occu-
pation of sufficient remunera-
tion were found by the dismissed
person.
Codification?
3) If severance pay is justified,
should an effort be made to codi-
fy at least some of the substantive
standards?
The committee proposed that.
"at least a partial codification
should be attempted."
4) If such codification is de-
sirable and possible, what stan-
dards or principles regarding sev-
erance pay should- be adopted?
PolittialNon-Conformance
The committee wrote, "Sever-
ancq; pay in the case. of 'dismissal
without notice ,should be denied
only where theasserted ground for
disnissal, tin the area of political
non-conformance-,is' that there is
competent evidence to establish
beyond a -reasonable doubt that
the individual concerned has been
guilty Of felonious conduct. This
wd provideta.-flexiblestandard
sl tt esethat it winl shift as
our society responds to new situa-
e a o i t e p n s o n w-"A t t ie s a nz e t im e it p r o v id e s a ;
ffled priiile. And finally, it,
would recognize that until our so-
eiety has indicated according to
fts orderly processes that a facul-
ty members has'put himself beyond
the point deserving., minimum hu-
mane treatment, other bodies
within that society should hesitate
to impose standards geared to
their own views.

ple situations. Illustrative of the
basic principle is the case where
the asserted ground for dismissal
is the finding that there is evi-
dence establishing beyond a rea-
sonable doubt that the individual
has violated the Smith Act, the
federal provision under which the
first eleven communist leaders
were convicted."
The Michigan Trucks Act pro-
hibits a member of a communist
front organization from holding
a job or office for the state. This
is an example of a legal prohibi.
tion which might possibly confine
the Board of Regents in a sever-
ance pay situation, according to
this committee's report.
Applicability
5) What procedures should be
followed in determining the ap-
plicability of the standards to a
member of the faculty who has
been dismissed?
The committee proposed that
the machinery which is used in
connection with the dismissal of
a faculty member should also be
used. in determining whether or
not he should receive severance
pay,
6 To what extent should this
committee consider the retroactive
application of such standards as
might be adopted?
The committee studying sever-

ance pay "makes no recommenda-
tion whatever with reference to.
the principle of retroactivity."
Senate Rules
As a result of the Faculty Sen-
ate's acceptance of the recom-
mendations made by the Commit-
tee on Senate Rules, there are
now definite rules of conduct for
Senate meetings. Previously cus-
tom dictated procedure of Senate
meetings.
Included in the recommenda-
tions approved by the Senate is
the ex-officio membership of the
Senate Secretary on the Senate
Advisory Committee. This move is
subject to Regental action.
Written Motions
All motions or resolutions, in
order to be on the agenda of a
Senate meeting, must be in writ-
ing and submitted with a call to
meeting, according to the new
rules. Some Senate members feel
this requirement will allow for
more serious debate and consider-
ation of mIions than previously,
existed when. many motion were
'made vocally: and hastily.:
In adition, no action or mo-
tion may be introduced from the
floor at a Senate meeting without
a three-fourths vote- of members.
present.

Members of the comm
studying rules were Prof. A
Evaldson, of the engineering
lege; Prof. Joseph Kallenbac
the political science departmi
Prof. Paul 0. Kauper of the
School; Prof. Herbert Mille
the business administra
school; and Prof. N. Edd Mt
of the speech department, ch
man.
Appoinmenat Proced
The committee studying
pointment Procedures and
sonnel Records found no ser
deficiencies in present appQ
ment practices at the Univer
Members recommended that
SAC be authorized to appoi
committee to investigate pi
dures to check, on the credit
ing of possible new faculty m
bers. No other changes were m
in present practices.
The Senate accepted thise
mittee's report. Committee n
bers were Prof. Ponld Mar
of the psychology departm
chairman; Prof, (Geo. Forsyth~
the fine arts department; P
Howard Jonesof the busi.e.
ministration school; and P
James )eel of the Institute
H=man Biology.

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"A second facet relates to duly
processed prohibitions which our
society. may. Impose upon the. gov-
erning body of, this-institution. it
would seem Inconsistent: with the
principle state for us to request,
or expect, the Board of Regents to
violate any applicable laws which
that ,same society has duly pro-
cessed by way of a prohibition.
"The two foregoing principles
might be illustrated by two sim.

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