BlogU

  • Transparency and Reciprocity

    By Dean Dad March 27, 2008 9:27 pm

    Tim Burke and Chad Orzel have recently posted some helpful thoughts on tenure and its assumptions. This paragraph of Chad's is so good that I'm jealous that I didn't write it:

    [T]he tenure case looks like a make-or-break moment for a career, which means that it's very important that decisions be made as objectively as possible, which calls for a great deal of proceduralism and makes confidentiality critically important. But this, in turn, means that when negative decisions are made, they can appear completely arbitrary, and there's not much that can be done to dispel this impression, or correct the arbitrariness. And, of course, the make-or-break nature of the decision gives people who have been denied tenure every incentive to kick up a huge fuss, which leads to all manner of accusations of bias and bad -isms, which are hard to defend against without breaking confidentiality, and on, and on...

    Ayup.

    One of the frustrations of administration is that process is grievable but judgments aren't, so when people disagree with judgments, they attack process. ("This is an outrage! How was this decision made?" or its close cousin "It isn't so much what they did, but how they did it.") In many cases, the same people who routinely decry administrative paper-pushers are also the first to allege procedural irregularities when something happens that they don't like; they rarely see the contradiction. Since many processes are relatively cut-and-dried, the way to attack them is through character assassination - allege bias against whatever trait is at hand. And it's incredibly hard to prove you weren't thinking something, no matter how far from your mind it actually was.

    To make matters worse, the rules of confidentiality are such that the victim of an adverse decision is free to take to the hills with a megaphone, accusing all and sundry of nearly anything, but the folks being accused aren't allowed to comment. In the public sphere of the college, that can look like stonewalling or taking the fifth, which, in turn, looks like guilt. But it isn't. It's respect for the process.

    Folks who call loudly for transparency need to think really hard about what they're asking for. Anything transparent is also recorded, and can and will be used against you later in the court of public opinion. The quickest way to drain a meeting of content is to transcribe it. Simply put, you can have candor, or you can have transparency, but you can't have both. (That's why I write under a pseudonym.)

    That's bad enough in low-stakes decisions. In a tenure case, where the decision boils down to "job for life" or "fired," it's that much worse.

    Full transparency would involve letting the entire college community know every perceived shortcoming of every denied candidate. ("We fired Professor Jones for the following 8 reasons...") I don't know of any other industry - none - in which that holds. And to imagine that literally adding public insult to injury would reduce stress is simply incoherent, unless you make the assumption that tenure will effectively become automatic.

    If every referee's comments are public record, good luck getting honest comments. What would actually happen - you heard it here first - is that a game of competitive puffery, or damning with relatively faint praise, would ensue. The rules would become inscrutable. (For a real-life example, see letters of recommendation.)

    Am I arguing for preserving the sacrosanct secrecy of the star chamber, the hermetic seal on the door of the smoke-filled room?

    Nope.

    I'm arguing for finite but renewable multiyear contracts, with performance expectations (and job protections, such as academic freedom) written explicitly into the contract language. (That way we aren't relying on an extra-constitutional notion of 'academic freedom' as a freestanding right. We're relying on contract law, which is much sturdier and much more widely understood.) Use the same system of employment as the rest of the known universe. Write the expectations down in advance, so decisions aren't so surprising. And instead of transparency, which simply can't co-exist with confidentiality, go with an ethic of reciprocity.

    With the tenure system, one side has all the power until it says yes; then the other side has all the power. Unsurprisingly, a system in which one side has all the power leads to abuses, some of them flagrant. A system based on reciprocity all the way through allows for the possibility of actual fairness.

    Tenure and transparency simply can't co-exist. Opaque power will be abused. Enough of the star chamber, the power imbalances, and the agreeing-not-to-notice just how abusive academic culture has become. Fairness rests on reciprocity. Until then, we'll just have to keep questioning each other's motives in the name of preserving open inquiry. How's that working out?

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Comments on Transparency and Reciprocity

  • Hiring, Firing, Tenure
  • Posted by Bob Schenck on March 28, 2008 at 9:45am EDT
  • And yet you continue to decline to discuss the fact that in many community colleges deans and supervisors who have influence and authority in matters of hiring, firing, and tenure of faculty have little if any education, training, or experience in the programs and disciplines of faculty they supervise and evaluate; and you also decline to publish here comments critical of this indefensible practice. Until you do, how can community college faculty take your opinions seriously? Please, sir or madam, be forthright and address this issue!

  • finite but renewable multiyear contracts?
  • Posted by Dr Dad on March 28, 2008 at 9:45am EDT
  • So for the sake of transparency you advocate moving to "finite but renewable multiyear contracts"? I agree that there are problems with tenure, but this is a proposal that only an administrator could love, i.e., shifting power from faculty to administration who reward /punish via contract law. It is a simply a non starter in terms of a solution.

  • Writing Like a Dean
  • Posted by Ross Pudaloff on March 28, 2008 at 11:50am EDT
  • I confess I can sometimes be a careless reader so it wasn't until a few moments after I had skimmed through the comments on transparency and tenure that I realized the solution being proposed was the abolition of tenure.

    I do agree that making the process completely transparent is the royal road to bland statements and various expressions of hypocrisy. The solution, however, seems suspiciously close to the idea we have to destroy the village to save it.

    Come on: to claim the "power" is first with the institution and then shifts to the denied applicant is absurd, both logically and practically. I find it impossible to believe that anyone who looks at each manifestation of power would claim they have much in common. Let's see--on the one hand, someone loses his/her job; on the other, he/she gets to complain.

    I do agree that expectations for tenure should be spelled out and communicated to the candidate. If that isn't done, then there's cause for complaint and action right there. But to suggest that contract law is necessary and will provide protection not currently available, much less that it can provide more protection than tenure, is silly--and that's putting it as politely as I can. One could probably argue that tenure gets invented precisely because of the uses to which contract law was being put.

    Even if one ignores the dubious uses that contract law has been put to in the American legal system, its enabling fiction is that the two parties are equal by virtue of the contract. Only an administrator could believe this or offer it with a straight face. Whatever else its problems, the tenure system is honest in its acknowledgment that power is with the tenured faculty and the institution. The check on this power is clear and explicit (as possible) expectations, not the abolition of tenure. For one thing--and it should be obvious--these expectations are not solely institutional but also include disciplinary ones which by definition are not solely under the control of the institution.

  • Errors
  • Posted by dean dad on March 28, 2008 at 1:55pm EDT
  • A few responses:

    To Mr. Schenck: I don't control the posting of comments on this site. If you've had a problem posting, address it to IHE. I welcome open debate.

    To Dr. Dad: No, it's not for the sake of transparency. I explicitly reject transparency as a goal. Read again.

    To Mr. Pudaloff: No, I'm not saying that the fired person holds power. I'm saying the tenured one does. Once tenure has been granted, the individual is unaccountable, and we've seen that power abused too often.

  • partial transparency
  • Posted by Ingolf Gruen on March 28, 2008 at 2:00pm EDT
  • While I agree with the point that total transparency in the tenure process is not possible in order to protect everyone (reviewers as well as the reviewed), the degree of transparency can certainly be increased. I do believe it would be fair to assure that candidates who were denied tenure know exactly why they were denied tenure, instead of given "canned reasons", but not in public - (your "insult to injury" rings clear). It just needs to be assured that review letters and opinions cannot be traced back to their origin, which can either be done by blackening out revealing identifiers or even better (but much more time consuming, but what is another few hours in a process that consumes hundreds of hours) by paraphrasing/rewriting comments and opinions. Greater transparency is certainly warranted, and just because no other industry does it means that that is the way it should be. I decry the secrecy of administrators frequently and have not found one instance where such secrecy was warranted, except for the fact that the adminstrator would have to fess up to having made a mistake (and might even have to apologize for it - heaven forbid), which to my knowledge and 12-year experience in academia no administrator will ever do (at least has never done - it really seems that administrators are infallible).

    I also disagree with these "half-way" ideas of contracts etc. The tenure system works quite well and mucking around with it will only cause grieve and grievances on both sides (admin and faculty).

  • Unaccountable? How about empowered?
  • Posted by Prof Ed on March 29, 2008 at 7:00am EDT
  • "Once tenure has been granted, the individual is unaccountable, and we’ve seen that power abused too often."

    This seems symptomatic of a surprisingly short memory, in view of the previous column that described a situation in which community college employees' could be placed under the control of political hacks.

    Tenure provides teachers no power to be unaccountable. It does protect them from being easily intimidated.

    Wherever despots--be they banana republic nationals or petty campus types--obtain positions and titles that enable them to deprive others of their livelihoods, most select fear as their tool of preference to control others. Despots certainly do not like the idea of others having power to live their lives without interference.

    Reducing abuses of power is better done by removing fear from a campus through empowering its constituents.

  • Posted by Dr Dadd on March 29, 2008 at 11:55am EDT
  • OK. Maybe you are not advocating your plan for reasons of transparency but I'm having trouble understanding what the justification is. You state "A system based on reciprocity all the way through allows for the possibility of actual fairness" which I simply don't get. My tenure was based on a system of reciprocity (albeit more vague then a contract); I still knew what was expected. The small positive I see from your proposed reciprocity is clearer work guidelines (although written guidelines don't always correspond to actual work). The large negative is that the proposal shifts a large, large amount of power from faculty to the institution. I understand why this is attractive from your point of view but it is a power shift, pure and simple

  • Community College Faculty Supervisors
  • Posted by Bob Schenck on March 31, 2008 at 7:00am EDT
  • So what is your opinion, Dean Dad, of the common community college practice of appointing supervisors uneducated, untrained, and inexperienced in the programs and disciplines of the faculty they are to supervise and evaluate?

  • Tenure vs. Unions
  • Posted by CC Trustee on March 31, 2008 at 10:35am EDT
  • As a trustee, with legal responsibility for overseeing the tenure process at a community college in Massachusetts, I want to warn against using unions as an alternative to tenure.

    We have both. Our union contract grants tenure to all faculty with 7 years of service who have no "less than positive" evaluations. Given the difficulty of offering a young professor a negative evaluation, the result is a contractual guarantee that if you stick around, you get tenure. The result of that is that tenure is meaningless.

    I agree that the process for tenure evaluation needs to be improved, and that the imbalance of power before and after the decision needs to be rebalanced. However, given the tools available to unions: negative publicity for the college, collective bargaining, lobbying state funding decision-makers - I do not believe that they can offer better guarantees for fair promotions and free speech.

    I would prefer to see explicit guarantees for free speech in every college and university charter, so that tenure can be used for its true purpose - to give talented faculty the security to do great work. Those who do not measure up to those standards should receive appropriate compensation without security, and those who do not do good work should be encouraged to leave for fields better suited to their talents.