Faculty continue to oppose dismissal

A report supported by the UW–Madison Faculty Senate Dec. 3 says a just cause standard as used by the Board of Regents to dismiss a UW-Superior professor undermines tenure and academic freedom.

The Faculty Senate passed a resolution Nov. 5 asking the Board of Regents to reconsider its dismissal of John Marder from the UW-Superior faculty. That resolution also instructed the University Committee to review the dismissal standard used by regents in the case and report its findings to the Faculty Senate.

The UC report, supported by the senate without dissent, categorizes as “unfortunate” the Regents use of a phrase from the 1974 court decision in Safransky v. Personnel Board. The regents used the case as the basis for finding just cause to dismiss Marder.

UC Chair Pat Wolleat says the regents written decision to dismiss John Marder only quotes only one of three criteria for dismissal listed by the court in the Safransky case. The UC report expresses concern that the Marder decision will set a precedent where only one criterion will need to be met in order to dismiss a tenured faculty member.

“If this interpretation of Safransky is allowed to stand, it clearly undermines tenure and academic freedom,” the report says.

As an alternative to the to the standard used in the Marder decision, the report puts forward UW–Madison’s just cause standard that would be applied in faculty dismissal cases here.

“It is our intent to forward this to the Board of Regents as soon as possible,” UC Chair Pat Wolleat says. “And ask them to use a higher standard for just cause.”

UW-Superior Chancellor Julius Erlenbach first sought Marder’s dismissal in 1999. Erlenbach cited several allegations from students, faculty and staff of unprofessional and uncollegial conduct. A UW-Superior faculty committee agreed Marder’s actions were inappropriate, but recommended against his dismissal.

Erlenbach overruled the committee and recommended the Board of Regents dismiss Marder. A Board of Regents committee twice recommended against Marder’s dismissal, saying there was not sufficient evidence. But on an 11-3 vote, the full board confirmed the chancellor’s recommendations and affirmed the firing.

In other business at their December meeting, UW–Madison senators postponed consideration of a resolution from Professor Anatole Beck, professor of mathematics, that instructs the University Committee to make the preservation of academic freedom and the system of academic tenure its “highest order of business.”