Here & Now

UW Professor Responds To Proposed Tenure Changes

THE UW BOARD OF REGENTS EDUCATION COMMITTEE TODAY TOOK UP AND PASSED CHANGES TO FACULTY TENURE. THE FULL BOARD IS EXPECTED TO VOTE ON THE ISSUE NEXT MONTH. TENURE IS SOMETIMES DESCRIBED AS A PERMANENT JOB CONTRACT FOR PROFESSORS WHO HAVE COMPLETED SEVERAL YEARS OF PROBATIONARY SERVICE. AND ONCE GRANTED, TENURED FACULTY CAN ONLY BE DISMISSED FOR CAUSE. IN WISCONSIN, TENURE WAS REMOVED FROM STATE STATUTE IN 2015 AND PLACED IN THE REGENTS’ HANDS FOR REVISION. REGENT JOHN BEHLING IS HEADING UP THE CHANGES AND SAYS, QUOTE, “WE NEED TO MOVE FORWARD WITH COMMON SENSE TENURE REFORMS THAT BOTH ALLOW OUR CAMPUSES TO OPERATE MORE LIKE BUSINESSES AND MAINTAIN THEIR ABILITY TO RECRUIT AND RETAIN QUALITY FACULTY.” IN PRIOR WISCONSIN LAW, TENURED FACULTY COULD ONLY BE LAID OFF BECAUSE OF A FINANCIAL EMERGENCY OR JUST CAUSE. THE NEW PROPOSAL WOULD ALSO ALLOW LAYOFF IF AN ACADEMIC PROGRAM IS DISCONTINUED. BEHLING SAYS, QUOTE, A COMMON COMPLAINT ABOUT TENURE IS THAT FACULTY MEMBERS ARE NOT LAID OFF WHEN THE PROGRAMS THEY TEACH ARE DISCONTINUED. OUR NEW POLICY PROPOSAL EMPOWERS CHANCELLORS TO DISCONTINUE PROGRAMS AS NECESSARY FOR EDUCATIONAL OR FINANCIAL REASONS. HE ADDS QUOTE ANOTHER COMPLAINT IS THAT POOR-PERFORMING FACULTY CAN’T BE DISMISSED. OUR PROPOSAL CREATES A CLEAR PROCESS FOR TENURED FACULTY TO BE TERMINATED WHEN THEIR WORK HAS CONSISTENTLY SHOWN TO BE UNSATISFACTORY. SOME FACULTY OPPOSE THE CHANGES AND CALL WHAT’S BEING PROPOSED FAUX TENURE. ONE OF THOSE OPPOSED IS UW-MADISON’S DAVID VANNESS. HE IS A TENURED ASSOCIATE PROFESSOR OF POPULATION HEALTH SCIENCES. HE’S ALSO PRESIDENT OF THE UW-MADISON CHAPTER OF THE AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS. THANK YOU VERY MUCH FOR BEING HERE.

DAVID VANNESS:

THANK YOU.

FREDERICA FREYBERG:

THE REGENT’S OWN POLICY STATEMENT SAYS THAT TENURE IS AN ESSENTIAL PART OF THE GUARANTEE OF ACADEMIC FREEDOM. WHY DO CRITICS OF THESE CHANGES CALL IT FAUX OR FAKE TENURE OR TENURE LIGHT?

DAVID VANNESS:

THAT’S A GOOD QUESTION. TENURE AS I THINK IS OFTEN INCORRECTLY CHARACTERIZED AS A JOB FOR LIFE OR AS PREVENTING BAD ACTORS FROM BEING FIRED. IN FACT, WHAT TENURE DOES IS IT GIVES DUE PROCESS TO PEOPLE WHO MAY BE IN POLITICALLY DIFFICULT SITUATIONS BECAUSE OF THE RESEARCH THEY CONDUCT OR THE TEACHING THAT THEY DO MAY TOUCH SOME SENSITIVITIES AND SENSIBILITIES THAT OFFEND OTHERS. AND SO BEING ABLE TO TEACH FREELY AND HAVE THE ABILITY TO RESEARCH AND CALL INTO QUESTION CONVENTIONAL WISDOM OR VESTED INTERESTS REQUIRES THAT PROTECTION.

FREDERICA FREYBERG:

WHY DOESN’T IT MAKE SENSE, THOUGH, TO BE ABLE TO LAY OFF TENURED FACULTY IF THEIR ACADEMIC PROGRAM IS DISCONTINUED?

DAVID VANNESS:

WELL, IF THE ACADEMIC PROGRAM IS DISCONTINUED FOR BONA FIDE EDUCATIONAL REASONS, THAT THE QUALITY OF THE PROGRAM IS POOR AND THERE ARE REALLY NO ABILITIES TO TURN IT AROUND, THEN THE AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS SAYS THAT IS AN ACCEPTABLE OPPORTUNITY TO RELIEVE TENURED FACULTY OF THEIR POSITIONS. BUT YOU HAVE TO TRY OTHER THINGS FIRST. YOU HAVE TO MAKE A BONA FIDE EFFORT TO FIX THE PROGRAM. AND WHAT WE’RE CONCERNED ABOUT IS THIS COMBINATION OF FINANCIAL CONSIDERATIONS AND EDUCATIONAL CONSIDERATIONS. AND DURING THIS TIME WHEN WE’VE HAD SO MANY BUDGET CUTS OVER THE LAST SEVERAL BIENNIA, THOSE FINANCIAL CONSIDERATIONS COULD EFFECT EVEN HIGH-QUALITY PROGRAMS.

FREDERICA FREYBERG:

HOW SO?

DAVID VANNESS:

IF A PROGRAM IS CONSIDERED TO BE HIGH QUALITY, BUT IS NOT A PRIORITY, AND THE POLICY AS PROPOSED, ONE OF THE THINGS THAT CAN BE BROUGHT INTO CONSIDERATION IS THE PRIORITIZATION OF THE PROGRAM, IF IT’S NOT A HIGH PRIORITY, THEN MAYBE IT COULD BE DISCONTINUED, BECAUSE THAT’S NOW CONSIDERED AN EDUCATIONAL CONSIDERATION. NOT QUALITY. PRIORITY. THE BIG QUESTION IS WHO DETERMINES THAT PRIORITY?

FREDERICA FREYBERG:

ANOTHER CHANGE WOULD SPECIFY PERFORMANCE REVIEWS FOR TENURED FACULTY THAT WOULD ALLOW TERMINATION. HOW ARE THOSE CHANGES REGARDED BY FACULTY?

DAVID VANNESS:

WE’RE LESS CONCERNED ABOUT THOSE, I THINK, BECAUSE WE ALREADY HAVE REVIEW MANY TIMES OVER IN OUR LIVES. MOST OF US HAVE AN ANNUAL REVIEW PROCESS AND WE ALSO HAVE A FIVE-YEAR POST-TENURE REVIEW PROCESS THAT REALLY HELPS US TO MAINTAIN OUR PROFESSIONAL DEVELOPMENT AND GIVES US INCENTIVES TO MOVE FORWARD. BUT WHAT HAPPENS NOW IS THAT THIS CAN LEAD TO A DISMISSAL PROCEEDING IF PEOPLE GET A NEGATIVE REVIEW. IF THEY GET A NEGATIVE REVIEW AND THEN FAIL TO REMEDIATE OVER A CERTAIN FIXED TIME PERIOD, IT COULD THEN BE TURNED OVER FOR DISMISSAL. WHAT’S NOT THREATENING ABOUT THAT IS THE DISMISSAL PROCEEDINGS USE DUE PROCESS. THEY’RE THE SAME DISMISSAL PROCEEDINGS THAT WE’VE ALWAYS HAD. FACULTY CAN BE DISMISSED FOR FAILING TO UPHOLD THEIR DUTIES, FOR GROSS NEGLIGENCE, FOR MISCONDUCT, FOR A WHOLE HOST OF REASONS. AND THOSE ARE THE SAME PROCEDURES THAT ARE GOING TO BE IN PLAY.

FREDERICA FREYBERG:

WE LEARNED FROM CHANCELLOR BLANK THAT UW-MADISON ALONE HAS JUST SINCE JULY HAD 48 PROFESSORS ENTERING INTO OFFERS FROM OTHER UNIVERSITIES. SOMETHING LIKE $8 MILLION HAS BEEN SPENT ON THIS CAMPUS ALONE TO RETAIN THESE PROFESSORS. IS IT YOUR SENSE THAT MANY MORE WILL TRY TO LEAVE?

DAVID VANNESS:

I THINK IT’S DIFFICULT TO KNOW WHAT THE EXACT NUMBERS ARE GOING TO BE. THERE ARE ALWAYS PEOPLE WHO ARE RETENTION CASES. BUT AS CHANCELLOR BLANK MENTIONED, THE NUMBERS NOW ARE HIGHER THAN THEY WERE FOR THE ENTIRE LAST YEAR. AND WE HAVEN’T REALLY HIT THE MAIN RECRUITING SEASON, WHICH IS FEBRUARY AND MARCH. SO IT’S GOING TO BE COSTLY. IT’S NOT SURPRISING. TENURE IS AN EARNED BENEFIT. WE WORK FOR USUALLY SIX YEARS AT SOME SAY CRAZY LEVELS OF PRODUCTIVITY TRYING TO BALANCE TEACHING, RESEARCH AND SERVICE JUST TO EARN TENURE. AND THAT HELPS US TO — THAT TENURE HELPS US TO ACCEPT LOWER WAGES THAN WE MIGHT MAKE IN OTHER AREAS.

FREDERICA FREYBERG:

SO WISCONSIN WAS THE ONLY STATE UNIVERSITY THAT HAD TENURE PROTECTIONS IN STATE LAW. WON’T WE SIMPLY COMPARE NOW TO OUR SO-CALLED PEER UNIVERSITIES?

DAVID VANNESS:

I THINK OUR PEER UNIVERSITIES DON’T HAVE STATUTORY LANGUAGE THAT DESCRIBES HOW TO FIRE TENURED PROFESSORS. THAT’S THE MAIN DIFFERENCE NOW. IT’S KIND OF LIKE IMAGINE THAT YOU HAD YOUR LIFE SAVINGS IN A BANK AND IT WAS A CENTRAL BANK AND THEY DECIDE WE’RE GOING TO MOVE YOUR LIFE SAVINGS TO A BRANCH OFFICE. THAT’S NOT A BIG DEAL. BUT IF THEY SAY IN ADDITION TO MOVING TO THE BRANCH OFFICE, WE’RE GOING TO TAKE MONEY OUT OF YOUR ACCOUNT AND GIVE IT TO OTHER ACCOUNTS THAT MAY BE HIGHER PRIORITY IF WE’RE RUNNING SHORT OF MONEY AT THAT BRANCH. WE’LL ASK YOU FIRST IF IT’S OKAY, BUT IF WE DON’T LIKE YOUR ANSWER, WE MAY DO IT ANYWAY. THAT’S WHAT’S HAPPENING. IF IT WERE JUST MOVING THE TENURE FROM STATE STATUTE INTO REGENT POLICY AND THEN LEAVING IT UNALTERED, WE WOULD BE FINE. IT’S THE ADDITION OF ALL THESE NEW CIRCUMSTANCES UNDER WHICH TENURED FACULTY CAN BE FIRED FOR LESS THAN ACCEPTABLE REASONS UNDER PROFESSIONAL STANDARDS ACCORDING TO THE AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS.

FREDERICA FREYBERG:

ALL RIGHT. WE LEAVE IT THERE. DAVID VANNESS, THANK YOU VERY MUCH.

DAVID VANNESS:

THANK YOU. IT’S A PLEASURE.