The More or Less Unanimous Declaration of the Board of Visitors
When in the Course of human events, it becomes necessary for a Board to dissolve the administrative bands which have connected a President with a University, and to assume for themselves the powers of the earth, the separate and equal station to which the Laws of Nature and the Bond Market entitle them, it is best to do it secretly, quickly, and in the middle of the night.
However, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation, especially when one is unexpectedly faced with large, angry crowds on the Lawn at two o’clock in the morning and a quite stupendous media shitstorm thereafter.
We hold these truths to be self-evident, that all Universities are endowed by their Donors with certain unalienable Goals, that among these are Strategy, Dynamism, and the pursuit of some sort of Online Degree delivered via the Interwebs, — That to secure these goals, Presidents are appointed, deriving their just powers from the half-baked ideas of idle Billionaires, — That whenever any University President becomes destructive of these Goals, it is the Right of the BoV to institute a new President, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect Strategy, Dynamism, and Strategic Dynamism. Prudence dictates that Presidents only recently established should not be changed for light and transient causes; yet experience hath shewn, that Universities are more disposed to suffer than to right themselves by downsizing obscure departments such as Classics, or German, or — it now appears — Computer Science. Fuck.
Anyway, it is nevertheless our right, it is our duty, to throw off such Presidents, and to provide new Administrators for my future security. Yours! I mean, Your future security. Such has been the patient sufferance of this University; and such is now the necessity which constrains us to alter its former Systems of Government. The history of the present President is one of repeated injuries and usurpations, all having in direct object the maintenance of some sort of financially viable, intellectually robust, nationally respected institution of higher learning. Such goals are so 20th-century. I read that in Forbes recently. Did I not shew it to you all via e-mail? Perhaps I forgot to attach it. Sorry, where was I? Oh yes. To prove this, let Facts be submitted to a candid world:
She has refused to listen to me when I sent her this U.S. News & World Report article I read about how Technology is Transforming Education.
She has refused to hire Consultants at extortionate rates, preferring instead to consult experts on her own Faculty — as if a University were the place to find experts of any kind, the very idea. Far better to hire a team consisting mostly of 22-year-olds from McKinsey, they know how to do those 3-D charts in Excel and have you seen their Powerpoints the transitions are cool I like the flame one the best.
She has called together legislative bodies at places normal, standard, and proximate to the depository of their public Records, for the sole purpose of keeping the Faculty and university community informed of her plans.
She has hired some Officers to implement her goals.
She has combined with others, like the Provost, to subject us to a set of standards foreign to the understanding of Beach Condo Developers; giving her Assent to their Acts of pretended Administration:
For Quartering large bodies of actual students among us, instead of on a website somewhere.
For maintaining Standards without our Consent:
For depriving us in many cases, of the benefits of future consulting deals:
She has excited domestic insurrections amongst us — have you seen this crowd outside, Helen? It’s really quite large now.
In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: i.e., by circulating emails amongst a subset of our group, exchanging links to some stuff in Wired Magazine about Stanford, and ginning each other up for her removal. A President whose character is thus marked by every act which may define an intelligent, decisive, forward-looking, and accountable leader, is clearly unfit to be the ruler of a Nationally-ranked University.
We, therefore, the appointed members of the Board of Visitors, in closed session, Assembled in haste and appealing to the Theory of Strategic Dynamism for the rectitude of our intentions, do, in the Name, and by Authority of some very wealthy people indeed, solemnly publish and declare, That President Sullivan is removed and that Dean Carl Zeithaml shall henceforth have full Power to Dynamically Strategize, set up Online Learning Working Groups, implement Acquisition and Diversification strategies, contract Knowledge-Based Sources of Competitive Advantage, develop Resource-Based Conceptual and Methodological Frameworks for Global Effectuity, and to do all other Acts and Things which Business School Professors may of right do, gosh it’s a wonder capitalism was able to get off the ground in the first place without their assistance. And for the support of this Declaration, with a firm reliance on the protection of divine Providence and please God the Governor, we mutually pledge your Reputation, your Fortunes and your sacred Honor.
Kieran Healy is associate professor of sociology at Duke University. This piece first was first published on the blog Crooked Timber.
UVa's interim president addresses criticisms about board, president's resignation, and the university's efforts in online education in effort to move campus forward. Faculty leaders still want ousted president reinstated.
Over the last 30 years, universities have become increasingly aggressive about securing the rights to faculty intellectual property (IP) that is patentable and thus potentially profitable. The operative distinction in many current policies is between faculty IP that can be protected by copyright, versus IP that is patentable.
In a major new 100,000-word report issued this month -- Recommended Principles & Practices to Guide Academy-Industry Relationships -- the American Association of University Professors argues that this distinction is not grounded in any rational analysis of the nature of faculty research and productivity. It is essentially an opportunistic maneuver to gain administrative control over IP that may be income producing. We urge that the administrative distinction between ownership of copyrightable and patentable intellectual property be abandoned. Faculty members should have primary authority over the disposition of all their IP, subject to legal and contractual restrictions and subject to principles articulated by campus faculty collectively.
This recommended IP Principle does not, I should make clear, apply to IP that is contractually negotiated as an additional individual faculty responsibility separate from the teaching and research that are encompassed by a faculty member's general appointment conditions. Universities can negotiate with faculty members over optional tasks specifically identified as work for hire, in which case rights and ownership are subject to mutual agreement. Unfortunately many universities are now claiming ownership of faculty IP that is a product of ordinary and continuing research and scholarship.
Since 2007, that approach has had assistance from the National Association of College and University Attorneys (NACUA). That year Beth Cate (Indiana University), David Drooz (North Carolina State University), Pierre Hohenberg (New York University), and Kathy Schulz (New York University) presented a paper recommending IP policies at NACUA''s annual meeting.
A version of "Creating Intellectual Property Policies and Current Issues in Administering Online Courses" with numerous appendices is on the members' only section of NACUA’s web site. Perhaps unsurprisingly, the paper, which I have read, urges comprehensive university ownership of faculty IP whenever substantial use of university resources has been involved in its creation. (NACUA agreed to make this copy of the paper available, noting that while it reflected the authors' views at the time, some issues and some of their thinking may have changed since then.)
"Substantial resources," the paper argues, "might include specialized computer resources or other equipment and significant use of student or research support." A number of income-producing activities, including textbook authorship, could easily fall under that umbrella. The paper also stipulates that products of faculty consulting may not be transferable to third parties if "the faculty member is involved with university research in the same area as the consulting" or if the consulting implicated the faculty member’s teaching activities. The faculty right to make software they have created be freely available through open-source licensing is subject to review as to whether "the goals of the institution would be better served through commercialization."
In the AAUP’s view, we are now in the terrain of serious infringements on faculty academic freedom.
Interestingly enough, it was not always so. A look at the history of how IP has been handled at universities makes it clear that current policies in many cases diverge from foundational IP principles. Seattle-based IP authority Gerald Barnett recently posted a blog entry -- "Blasts from the Past" -- that highlights university IP policies from the mid-20th century. Some institutions at the time already sought comprehensive control over faculty IP. Stanford University had a patent review committee that could recommend the university president assert control over any "valuable invention."
The Massachusetts Institute of Technology's 1932 policy was firm: "Inventions or other developments, whether or not subject to patent, resulting directly from a program of research financed entirely by the Institute shall be the exclusive property of the Institute, and the Institute shall be entitled to all benefits and rights accruing from such inventions or developments and may acquire the title to any patents based thereon."
On the other hand, the University of California’s 1943 policy was unambiguous in asserting faculty rights to control their IP: "Assignment to the regents of whatever rights the inventor or discoverer may possess in the patent or appointment of the board as the agent of the inventor or discoverer shall be optional on the part of the faculty member or employee."
The 1945 University of Texas policy similarly asserted that "the title to a patent for any discovery or invention made by an employee of the University of Texas belongs to the said employee and he is free to develop or handle it in any manner he sees fit." The University of Arizona in 1939 also declared that "no inventor shall be compelled to submit an invention to the Patent Committee." Both institutions did mandate modest profit-sharing, Arizona specifying that 10 percent of income derived from a patent go to the university and Texas established a tiered schedule for profit-sharing. Texas’s top level — at which 20 percent of profits were due the institution -- came after net royalties exceeded $5,000, which equals about $60,00 in today’s dollars. These policies certainly count as enlightened in the current scene.
The more restrictive policies assume a model of faculty appointment that conceives of faculty as very much comparable to corporate employees, where everything you create belongs to the employer. Since its founding 1915 Declaration, of course, the AAUP has argued that faculty are not employees in that narrow and restrictive sense. They are appointed to exercise independent judgment and carry out independent research. In fact the NACUA guidelines implicitly recognize that faculty are different. They dismiss the IP rights of non-faculty employees with a wave of policy assertion: "The intellectual property created by employees (other than faculty), acting within the scope of their employment (whether as administrators or as participants in research), should be owned by the university under applicable law." The rest of the lengthy document amounts to an effort to make it possible to treat faculty in the same way.
The AAUP's new report lays out carefully why this impulse is fundamentally misguided. The effort to control faculty IP relies on an unsupportable logic: faculty research and scholarship is guided by academic freedom up to the point when a faculty member creates a profitable invention. At that point the university steps in and takes over. Academic freedom apparently does not cover how patentable research is produced and disseminated, even though faculty publications about their inventions remain under their own control and can be disseminated as faculty see fit. The AAUP argues instead that inventions are a product of faculty research and scholarship and properly encompassed by it. There is no fair and reasonable distinction between the research and creative thinking that produces a plan for an invention and the invention itself.
There is no reason to suppose, moreover, that either administrators or university technology transfer offices are better suited to decide how an invention should be shared, marketed, or distributed. Certainly they are not better positioned to understand the research or technology involved. That is not to say any of the potential parties to a patent negotiation — a faculty member, an industry sponsor, a university office, or a university management agent — is necessarily enlightened. Greed, ignorance, or self-deception can distort any stakeholder’s perception and negotiating strategy.
That is partly why the AAUP’s Principles create a clear role for collective faculty governance in setting IP policy. Greed or indifference might, for example, lead any party to a negotiation to dismiss the social utility of assuring that a lifesaving technology be commercialized in such a way as to guarantee its availability and affordability in the developing world. A contract with a company might allow it sit on such a technology and delay its manufacture indefinitely. These and other risks can be minimized if the faculty senate mandates principles to guide IP management.
We are not assuming a university faculty will want to embrace progressive policies for distributing lifesaving medicines or technologies in the developing world, though we do recommend that practice, but we certainly recommend that the senate have the authority to debate and enforce such a policy if it chooses. Similarly, a senate might establish time frames for commercialization and time limits for exclusive licensing. It is much more difficult for responsible administrators to include such conditions in research contracts with industry sponsors without firm campus-wide policies.
As the AAUP has argued since its founding, research policy falls within the area of faculty professional responsibility and expertise. We have issued our report to help reassert that authority for the benefit of the common good.
Cary Nelson has just completed six years as president of the American Association of University Professors.
The Purdue University Board of Trustees will convene Thursday to vote on the university's next president -- which sources, including Indiana Public Media, have reported will be Indiana Governor Mitch Daniels.
At some universities, professors have objected to the appointments of non-academics to presidential post. But faculty leaders at Purdue are open to the idea. Joseph Camp, secretary of faculties for the university's Faculty Senate, said Daniels' political background would not affect his ability to be president: "I don't know if there's anything in his background that will either qualify or disqualify him to be president, so what I have to do is maintain an open mind, and like everyone else, I'm curious to see how this all works out."
Another member of the senate, Vice Chair David Williams, shared his view. Williams wrote in an e-mail that although "considerable voice" has been given to the next president being an academic, he sees the importance of having a president who can harness entrepreneurship at the university to attract funding. "Mitch Daniels has been successful in the business world, and in the political world. He could very well be the right person, at the right time, coming into the right environment. I find that prospect exciting," he wrote.
The Pittsburgh office of the National Labor Relations Board on Monday rejected a request by Duquesne University to block a vote by adjuncts on whether to unionize, The Pittsburgh Post-Gazette reported. Duquesne, a Roman Catholic university, argued that its religious affiliation should exempt it from a union election. But the NLRB noted that Duquesne had agreed to a union vote just weeks earlier, and that long-established NLRB policy bars parties from opting out of an election they have agreed to barring truly unusual circumstances.
Charitable giving to education at all levels hit $38.87 billion 2011, a 4 percent increase, according to the annual "Giving USA" study, released today. Adjusted for inflation, the increase is just under 1 percent, reflecting the slow recovery in giving following the economic downturn of 2008.
Terrence A. Gomes resigned on Monday as president of Roxbury Community College, according to the college's board chair. Roxbury, which is located in Massachusetts, has been dogged by several controversies, The Boston Globereported, including an ongoing audit by the U.S. Department of Education and a state probe that found questionable allocations of financial aid. The college has also been under fire for allegedly underreporting crime on campus.