The ut-AAUP Bulletin
"by and for the bargaining units but open to all"

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In This Issue
Word from ut-AAUP President
Featured Article
Facing Allegations
Nursing "Fact Sheet"
Board Member Honored
A Word from the ut-AAUP President
Featured Article
 
by: Arjun Sabharwal
UT Canaday Center 

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Issue 4 2009

Facing Allegations & Investigation

 
by Don Wedding, UT-AAUP Grievance Chair
 
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The UT-AAUP has been involved in a number of cases where the Jacobs Administration required faculty and staff to appear for investigation and interrogation of vague and unspecified allegations, often from anonymous sources. Faculty and staff may be asked to appear before a designated administrator for unfounded and false allegations of sexual harassment, theft of UT property, alcohol, drugs, assault, misuse of UT computers and so forth. The list is long and the Jacobs Administration does not need much reason to investigate and interrogate an unsuspecting faculty or staff member.

UT-AAUP members are advised not to appear for questioning before any administrator without first consulting with the UT-AAUP Executive Director Mary Jane Erard, President Harvey Wolff, or Grievance Chair Don Wedding. If pressured to appear, remain calm and quiet except to ask for AAUP representation. Anything you say will be written down and may be used against you. There is a risk that the interrogator will inaccurately record your comments. Nevertheless, what is recorded by the administrator may be presumed true by the Administration, accurate or not. To avoid such complications it is important to have a UT-AAUP representative present. It is a violation of your rights and the Collective Bargaining Agreements for the Administration to deny you such UT-AAUP representation. The UT-AAUP has filed grievances and is seeking arbitration on this issue.

There have been cases where unsuspecting and innocent faculty have met alone with administrators in a good faith effort to resolve unfounded allegations.  This is a mistake because the Jacobs Administration, particularly HR, may not deal in good faith. Faculty explanations and comments have been twisted and used for filing formal charges and for suspending the accused from campus.  Although these formal charges may not pass the smell test, such will not matter because the administrator in charge may be compelled to act out the charade and move forward.  A number of faculty and staff have been suspended from campus and forbidden from teaching classes, including DL, and from using their office, computer, UT library, UT credit union, UT pharmacy, the UT Rec Center, and so forth. One suspension lasted for almost a year before the person was exonerated. These suspensions are in violation of faculty rights and the Collective Bargaining Agreements and are not supported under Ohio law even though the Administration cites Ohio Code. The UT-AAUP has filed grievances and is seeking arbitration on this issue.

Faculty are further advised that they have no right of privacy as to their UT telephone, UT email, or UT computer. Faculty are cautioned that their UT phone conversations, UT email, and UT computer use may be monitored and recorded. Off campus email accounts are recommended, but do not use your UT computer to access such accounts.

Feel free to contact the UT-AAUP any time you are approached by the Administration for an investigation and interrogation.  My email, donwedding@toast.net, is checked several times a day including weekends. Leave an off campus email address and telephone number where you can be contacted.
National & International 
 
Small Photo of Engineering BldgAAUP Online Newsletter
Clearly these are hard financial times for the broader society, for higher education, and for faculty. Tenured and tenure-track faculty face hiring and salary freezes, salary cuts, furloughs, layoffs, reduced benefits, and declining retirement portfolios...

AAUP: Online Education Based on 'Slave Labor'
An American Association of University Professors official blasted the business model of online education in a recent interview with Alabama's Times Daily.
"The economic underpinning of a lot of online education is that it amounts to slave labor," said Martin Snyder, director of the AAUP's Department of External Relations as well as its Planning and Development Office...
 
FRANCE: Universities exploding in anger
For more than 10 weeks now, French universities have been disrupted by strikes, mass meetings, demonstrations and occupations as a daily occurrence in an unheard-of wave of protest by university staff and students against President Nicolas Sarkozy's neoliberal reforms of higher education... 
 
US: Grim times continue for higher education
Despite the promises made by the new Obama administration, the impact of America's collapsing economy continues to rattle the nation's higher education institutions...
 
Ohio & Local 
Engineering detail
'Leave-Proofing' the Faculty 
Tenure-track jobs are harder than ever to find, with the economic mess prompting many colleges to grow even more cautious about hiring anyone on the tenure track. Tenure-track openings are being put on hold. Searches are being called off every day. Many who worry that higher education has created a faculty of two tiers -- the privileged tenured class and the overused and abused adjuncts -- have been told that this year is simply not the year in which to promote change...
 
Interests peaked by AAUP talk
Students are always fighting to have their voices heard on campus, and now some BGSU faculty believe they need to do the same. Thirteen University faculty members and graduate students gathered last night in the Business Administration Building to learn more about the benefits that come with being organized by the American Association of University Professors...
A Response to College of Nursing 
"FACT SHEET"
 

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by UT-AAUP Legal Counsel
 
On or about April 27, 2009, two faculty members in the College of Nursing (CON) on the Health Science Campus distributed to faculty in that college a "fact sheet" entitled "To join or not to join the union, that is the question."  The first page contained some Q&A, and the second page addressed "rumors" circulating in the CON. UT-AAUP believes the information on the Q&A page is misleading and provides clarification here.
 
The designation of "Instructor" does appear in the Tenured/Tenure Track contract between UT-AAUP and The University of Toledo. When the Main Campus faculty first organized, Instructors became part of the Tenured/Tenure Track bargaining unit.  The "Lecturers" organized later, after having to argue that they are, in fact, full-time teaching faculty, a designation UT did not want to give them.  Persons are placed in either bargaining unit based upon what their letters of acceptance require of them, not whether they are called "Instructors," "Lecturers," or any other faculty title.
 
The base salaries set forth in both the UT-AAUP contracts are simply designated "floors" that are minimums for faculty to be paid.  Lecturers and Tenured/Tenure Track faculty get hired into the University at varying salaries, and the base salaries in the contracts serve to prevent any faculty member from making less than the designated base rates.
 
Teaching loads are explained in both contracts, which provide a maximum number of credit hours a faculty member can be assigned.  Professional activity and service both can be considered to reduce the number of credit hours a faculty member is assigned, in both bargaining units.  Faculty who are not in either bargaining unit, i.e. the majority of Health Science Campus faculty, do not have any limit on credit hours or work that they can be assigned.  
 
Finally, the "track" system that exists on the Health Science Campus has never been in place on Main Campus, so the UT-AAUP bargaining units do not employ that terminology.  "Clinical track faculty" from the Health Science Campus may be appropriately placed in either the Lecturer or the Tenured/Tenure Track bargaining unit, depending on whether they are tenure-eligible or not.  UT-AAUP has petitioned for CON faculty who have tenure, regardless of "clinical track" status, to be placed in the Tenured/Tenure Track bargaining unit.  
 
UT-AAUP Board Member Honored 
 
The UT-AAUP Executive Board is please to announce that Dr. Sakui Malakpa of the College of Education was recently honored with the Outstanding Teacher Award for 2009.  Sakui was born in Wozi, Liberia.  He has a B.S. cum laude, Florida State University; M.S. (4.0 GPA), Florida State University; doctorate, Harvard University; J.D., University of Toledo college of Law. He has published in refereed journals; published one novel, "The Village Boy".  The sequel has been submitted for publication.  Sakui has traveled widely; e.g. was a visiting professor to University of Zululand. In addition to his most recent award, Sakui received the outstanding advisor award in 2006-2007.  Congratulations, Sakui!  The UT-AAUP extends congratulations to all current and past Oustanding Teachers!
 

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Lest Liberty Perish from the Face of the Earth - Buy Bonds
Artist:  Pennell, Joseph (1857-1926)
Posted 5/05/2009
Publications Chair, Lucy Duhon, Assoc. Prof.
Photos & graphic design by M.J. Erard, UT-AAUP Executive Director

Above photos are of Engineering College Buildings, UTMC Campus, and University Hall. 
 

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The UT-AAUP Bulletin is published occasionally throughout the semester.