Tenure

Essay calls for a new strategy to protect faculty rights

It’s a widely noted fact that colleges and universities are under new pressure to justify their value and function. The same is true of tenure-track faculty members, who are at the heart of the higher education system whose benefits much of society now claims to find mysterious, and whose job security is increasingly criticized.

While colleges face criticism for converting most of their teaching posts to non-tenure-track status, they also face criticism for offering tenure to the rest. The final decision by the Wisconsin Legislature to weaken tenure and shared governance in the University of Wisconsin System teaches a lesson that should resonate beyond Wisconsin: the standard defense of tenure and shared governance isn’t good enough to address widespread skepticism about their public benefits.

Faculty members have gone as far as they can by pleading an academic exemption from the financial control and autocratic management that typify the U.S. workplace, crystallized in the power of summary dismissal. Faculty members now need to explain the value not only of their own job security but also of job security in the workforce as a whole. We will need to be much clearer about why tenure and shared governance enable core functions of the university and also of any productive, creative workplace.

I am aware of the dangers of this kind of escalation and expansion of what we’ve been taught are unpopular job protections. And yet academics can no longer defend tenure and shared governance as minority exemptions. We need to explain their principles and benefits for an overall workforce that has suffered from their absence -- and is now unmoved by our special pleading.

In the important case of Wisconsin, the state Legislature and governor have now passed and signed major qualifications of UW System tenure and governance, including student governance over the expenditures of their fees. One section introduces language legalizing layoffs of tenured faculty “due to budget or program decision,” and then offers a long, ornate set of procedures for dismissing tenured faculty as a result of pretty much any programmatic change. Another section eliminates statutory language that gives faculty members direct managerial authority in the university by vesting them “with responsibility for the immediate governance of [their] institution” while expecting them to “actively participate in institutional policy development." Though tenured faculty members aren’t yet living in the at-will employment utopia of the American right, where one can be fired without cause or due process, the plan makes them vulnerable to restructuring strategies that a range of commentators equate with making universities more efficient.

Since these proposals will now change UW significantly, and perhaps model changes in other states, what should faculty members do next?

The Typical Faculty Response

Let’s start with what faculty members usually do. The current state of the art was on display at a multicampus academic senate meeting in Madison where faculty members had gathered to discuss the situation. One much-admired intervention was delivered by Professor David J. Vanness, who argued that the weakening of tenure and of faculty governance threatened core academic activity:

"This is not an issue of Democrats versus Republicans. This is an issue of academic freedom. Freedom to discover and to teach new knowledge, regardless of whether it offends (or enriches) a specific business interest or political party …. If we allow ourselves to be led down this path laid out before us … there will be nobody left to 'follow the indications of truth wherever they may lead.' We will sift where it is safe to sift. We will winnow where we are told to winnow. Our pace of discovery will slow and our reputation will falter."

I heartily agree. But I am already inside the academic consensus that the pursuit of truth requires intellectual freedom and professional self-governance. Since most people don’t enjoy either of these in their working or even their personal lives, they wouldn’t immediately see why empowering chancellors will hurt teaching or slow the pace of discovery.

Rather than revealing the inner workings and effects of tenure and shared governance, faculty members generally do three other things. We cast tenure and shared governance as constitutional principles beyond the legitimate reach of politics. We instrumentalize these practices in the name of competitive excellence. We put our defense in the hands of our university’s senior managers. Each of these three moves made sense at various times in the past, but they are now serious mistakes.

First, what happens when faculty present academic freedom as transcending politics? The question was brought home to me again by a good op-ed called “What is driving Scott Walker's war on Wisconsin universities?” The author, Saul Newton, an Army veteran studying at UW-Waukesha, discusses the conservative Bradley Foundation’s role in intellectualizing reasons to bring education to heel. He cites a 1994 article by the foundation’s president that, in Newton’s phrase, justified “demolishing public institutions, specifically public education.”

I followed Newton’s advice and read the Bradley Foundation article, whose ideas about K-12 governance are now being applied to public universities. I was struck by two features. First, the piece advanced a quasi-Foucauldian vision of society in which any group’s principles lie within society’s structures of power rather than outside them. “Educational policy is always and everywhere a profoundly political matter,” wrote foundation president Michael S. Joyce. Second, it defined its attack on an “exhausted” progressivism as a movement for democratic accountability: “If educational policy is finally and irrevocably political, then surely, in a self-governing polity, the people themselves are the source of educational policy -- not a distant bureaucracy.”

When Joyce moved on to demonize teachers for wielding the “political hegemony of the ‘helping and caring’ professionals and bureaucrats,” he did so in the name of restoring democracy. It doesn’t matter whether this framework is right or wrong (it’s wrong). Once it has been established, and faculty then defend tenure as a privilege of their intellectual status, they don’t rebut the right’s democratic critique but validate it. The democracy frame makes academic freedom look like a license to ignore public concerns rather than to engage them in dialogue from an independent position.

On the second error: university administrators and faculty alike predict that quality decline will follow any weakening of tenure. A group of distinguished chaired professors at UW-Madison stated that qualifying tenure would make the university “suffer significant competitive disadvantages.” Competitiveness is often measured in rankings shorthand: UW-Madison is 47th in U.S. News and World Report’s rankings this year, is among the top 15 among public universities, and has a large number of top-20 departments, all of which may fall in the rankings as they come to lose every contest for top candidates to peers with stronger tenure protections.

But how much would lowered rankings reduce faculty quality and public benefit? Top rankings mostly concern the Madison campus, and so involve only a minority of the students and faculty in the UW System. Politicians also know that hundreds of qualified people apply for every good tenure-track position, and thus assume that the UW system will still enjoy a surplus of excellent candidates. Wisconsin departments may have a harder time landing their top one or two picks who have offers from other major universities, but politicians may reasonably doubt that their third or fourth candidates will offer a noticeably lesser student experience.

More fundamentally, departmental or university stature is an inaccurate proxy for the competitiveness most people care about, which is the economic kind that raises the standard of living. Universities have constantly asserted their direct economic impact, and conservatives are taking this rhetoric literally. Thus an alleged blueprint for the Walker changes, a report called “Beyond the Ivory Tower” that was published by the Wisconsin Policy Research Institute and authored by the longtime chancellor of UW-Stout, justifies its call for more flexible tenure and governance on the grounds that this will “help the UW System better fulfill its mission to help produce economic development.” University administrators agree that this is their mission, and STEM fields have benefited for decades from the emphasis on technological outputs, often at the expense of funding broad liberal arts-based capabilities. So faculty members’ talk of staying competitive encourages conservatives to ask UW to show them the money. In the U.S. business system, making money normally involves giving management a free hand over employees, thus hoisting professors on their own petard.

We arrive at the third faculty habit, in which a faculty assembly calls on senior managers for protection for tenure and shared governance. There are two issues here. One is the academic freedom to produce research even when its evidence contradicts the beliefs of politicians or business leaders, who then may seek to discredit the study, as recently happened in Wisconsin, by calling it “partisan, garbage research,” and/or by defunding an entire program, as happened in North Carolina. Senior managers often hang tough on this point, and defend the research autonomy of their faculty and their institution.

The other issue is direct faculty control over university policy that goes beyond offering nonbinding advice. I noted that the now-deleted Wisconsin statute expects faculty to be directly involved in “the immediate governance of [their] institution.” Governor Walker does not want this strong version of shared governance. But do System President Ray Cross or UW-Madison Chancellor Rebecca Blank? Careful Wisconsin faculty observers like Nicholas Fleisher, Richard Grusin and Chuck Rybak think not, and I can’t call to mind a senior manager who does want full co-governance with faculty.

In addition, UW’s senior managers have some history of efforts to increase their own authority. As Lenora Hanson and Elsa Noteman argue, former Madison Chancellor Biddy Martin’s “New Badger Partnership” sought to delete much state oversight over the university’s budgeting and human resources policies. The current UW administration continued the campaign under another name, even at the cost of accepting state funding cuts. Chancellor Blank told local television that the university could make up for cuts with more freedom from the state, if they just had more time. In other words, senior university managers de facto agreed with the core tenets of movement conservatism that state oversight lowers efficiency while executive authority increases it. Since so much of the conservative business position matched the university’s official position, the voting public could be forgiven for not seeing why the statute changes would affect faculty much.

General Public Benefits, Not Special Privileges

So what would motivate the wider public to fight for academic tenure and shared governance? To present them as general public benefits rather than as our special privileges.

To do this, we will need to undo each of the three mistakes I’ve described. First, rather than casting tenure and shared governance as necessary exceptions to normal workplace politics, we should define them as necessary to workplaces in general. Tenure is a simple idea: protection from the at-will employment practice of firing any employee without cause or due process. Tenure places an obligation on the employer not only to identify specific reasons for termination but to convince others of their validity.

Tenure doesn’t just protect academic freedom; it protects all employees’ investments in their skills, relationships, know-how, and commitment to their organization. I have always thought that tenure should appeal to conservatives, since it defends liberty by protecting one party against another’s arbitrary exercise of authority. Tea Partiers who accuse Barack Obama of being a dictator should logically favor limits on the lawful tyranny of the private sector supervisor. At the same time, Democrats should like generalized tenure for enabling a limited type of workplace democracy. A hundred years ago, the American Association of University Professors constructed academic freedom as the great exception to the autocratic managerialism of American business life. Faculty members will now need to promote workplace freedom from at-will dismissal as right for employees everywhere.

On the second mistake, of touting their competitiveness, faculty members should reject competition as a main driver of high-quality work. We enjoy top rankings and status as much as managers do, and yet in the long run they depend on research and teaching achievements that come from persistence, security, obtuseness, heretical thinking and collaboration. It’s not just that competition encourages wasteful duplication and intellectual imitation, but also that intellectual progress depends profoundly on complicated forms of cooperation among all kinds of people and expertise. Universities teach people to address massively complicated problems that require both individual originality and collaboration. The U.S. doesn’t have a competitiveness disadvantage: it has a collaborative disadvantage, and universities are needed more than ever to develop new kinds of collaborative capabilities. In addition, public universities help their regions, states and nations not by being better than other universities but by doing transformative work in the place they are and with the students they have. Faculty should help the American workplace move in the same direction.

The third mistake: instead of looking to senior management for defense, faculty members should look to employees in other workplaces in advocating democratic rather than autocratic organization. Until our current neo-Taylorist management revival, the efficiency of peer-to-peer self-management was widely understood. The uber-mainstream features the historian David Montgomery chronicling the contributions of indigenous and immigrant craft skill to 19th-century American industrialization, the management gurus Tom Peters and Robert Waterman advocating employee empowerment in their 1980s blockbuster In Search of Excellence, the sociologist Richard Sennett analyzing the centrality of mutually developed craft practices to effective work, and, in a backhanded way, the neoclassical economists now warning about the “skills gap,” since if top-down management were so great companies could simply boss their hirelings to competence.

Such research has established academic analogs, starting with peer review. Wisconsin faculty have pointed out that tenured faculty members must meet their own colleagues’ rigorous performance standards to get tenure and must then continue to satisfy them to progress. Another common academic practice is the combination of outcomes evaluation with freedom to organize everyday work. Although professionals have had an easier time claiming this right to direct their own work, to whom does this principle not apply? Everyone needs training and ongoing feedback, and everyone needs latitude to shape their own efforts.

The faculty’s central political problem is that their assertion of their tenure and governance rights is read as their tacit denial to everyone else. The problem starts with the “new faculty majority” of non-tenure-track professors on campus and spreads out from there. This sense of tenure as a special privilege (error one) is the cornerstone of the politically powerful stereotype of the elitist professors who proclaim their superiority to other people (error two) and can’t deal with regular people directly (error three). In making these mistakes, we have played into our opponents’ hands.

Rather than claiming academic freedom, tenure and fair governance as a special perk of our unique standing, we should hold them out as the general economic and social justice virtues that they are. Faculty have models of collaborative self-governance that we now rarely bother to develop, that we have allowed to serve an ever-smaller share of our colleagues, that are not taken seriously by many administrations, but that are designed to allow both intellectual originality and decent, honorable workplaces. Faculty must now model how shared governance, if spread to other workplaces, would improve society as a whole. And we are going to have to do it soon.

Christopher Newfield is professor of English at the University of California at Santa Barbara, author of Unmaking the Public University (Harvard University Press) and co-editor of the blog Remaking the University.

Editorial Tags: 

Essay on what an associate professor wishes she had known when starting on the tenure track

Kirstie Ramsey reflects on what would have been good knowledge when she was starting on the tenure track.

Ad keywords: 
Editorial Tags: 
Show on Jobs site: 

AAUP censures four institutions, calls out others

Section: 
Smart Title: 

Association's annual meeting on academic freedom issues features a debate on whether Steven Salaita's rights were violated and consensus that Wisconsin politicians are undermining their university system.

Move to undermine tenure in Wisconsin has national implications (essay)

What happens in Wisconsin will not stay in Wisconsin. Lawmakers here are moving quickly to hollow out the definition of tenure and strip away due process rights for faculty members and academic staff. For legislators in other states who want to dismantle public higher education, they might look here to find new plays for their playbooks.

It is not uncommon for legislators to threaten tenure or criticize public education -- many do it for sport. But what’s unique in Wisconsin is that the proposed tenure changes are not coming from a fringe coalition: they are coming from the Joint Finance Committee, the most powerful body in the Legislature.

I am a tenure-track faculty member in the School of Education at the University of Wisconsin at Madison and have been in the state for only two years. I have a lot to learn and am naively optimistic that cooler heads will prevail and the tenure threats will wash over in time. But I cannot bring myself to a place of comfort; I am truly worried. And I am not just worried for Wisconsin, but for other states that will follow suit if this change actually happens.

Wisconsin is unique in that we are the only state (to my knowledge) to have enshrined tenure into state law. Moving this law from state statute to the University of Wisconsin Board of Regents policy would not be entirely uncommon in the national context. What is uncommon is how political our board is compared to other states -- the governor appoints 16 of the 18 members and colleges don’t have their own campus boards to interact with the system.

More on Wisconsin
Read Inside Higher Ed's
coverage
of the latest out
of Madison.

But even less common -- and far much more egregious -- is Section 39 of the Joint Finance Committee’s omnibus motion. It allows the Board to “terminate any faculty or academic staff appointment… due to a budget or program decision…” So instead of using widely accepted processes, faculty and staff can be terminated for “…program discontinuance, curtailment, modification or redirection, instead of when a financial emergency exists under current law.”

This undermines the core principles of shared governance, strips away due process rights and is an obvious assault on academic freedom. The board says its members will “adopt policies that reflect existing statutory language” and ensure faculty and staff will retain the same due process protections currently under state law.

If Section 39 of the budget bill redefines tenure, then the board must comply with the new state law.

This new definition extends far beyond the standard financial exigency criteria for termination of appointments and is out of line with the American Association of University Professors’ academic freedom guidelines. And the proposed change is happening without consulting the very stakeholders the law was designed to protect -- university faculty and staff members.

I know these tensions aren’t new; we are constantly justifying our existence and under financial stress. I get that. But this is a bridge too far. It doesn’t matter if the regents use existing statutory language, because this omnibus motion would kill it all. It trumps regents policy.

If this policy change happens, it will set a precedent for other states to follow, so watch Wisconsin closely. Keeping Section 39 could set in motion a series of events that will threaten the university’s ability to recruit and retain faculty, generate revenue, and even threaten our accreditation status.

As much as I wish this were all political theater or a simple misunderstanding, it is not. It is a very real threat and one that has been years in the making.

Instituting the $250 million budget cut will create the conditions where the Board of Regents can exercise their new authority to fire at will. The long-term academic and financial costs will far outweigh the short-term political benefits, and I hope our elected officials have the ability to see that far down the road.

Nicholas Hillman is an assistant professor of educational leadership and policy analysis at the University of Wisconsin at Madison.

Editorial Tags: 

Essay calls on colleges to diversify the roles of faculty members

There are important issues around diversity -- notably in terms of ethnicity/race, socioeconomic class, sexual orientation and gender -- that have been of concern to institutions of higher education for a while now. The progress made in these areas may be less than impressive, but they have a conspicuous place on our radar screens.

There is another dimension of diversity that has yet to attract the attention it deserves: the diversity of contributions that can be made by different members of an institution’s tenured and tenure-track faculty. Faculty members in these positions are pivotal to fostering the kind of change needed in our colleges and universities if we are to better serve our students. Such change would involve how faculty members judge one another, how departments view their responsibilities, how those responsibilities can best be fulfilled and how the work of faculty members is viewed by academic administrators.

Different institutions have different missions, which should be reflected in what is reasonably expected of their respective faculties. These differences have unfortunately been eroded by status-seeking mission creep. So, for openers, there is the famous advice of Polonius (who has received insufficient respect for his wisdom, probably because he conveyed it in a way that was boring to a younger person): “To thine own self be true.”

While it may seem obvious that a one-size-fits-all approach is inappropriate and undesirable for institutions with different missions and constituencies, it may also be undesirable within an institution as well, even if that institution is a research university. While the holy trinity of research, teaching and service on the face of it provides room for flexibility, differences in how each is valued and assessed yield a generally hierarchical structure with publication and attracting grant funds being the coin of the realm and relatively easy to quantify.

But even in research universities, not all members of a department need to balance their research and teaching contributions in exactly the same proportions. Moreover, one faculty member in his/her time plays many roles -- there may be times in between research projects in which a faculty member might wish to focus more on teaching. (As an aside: the pressure to publish as much and as quickly as possible seems clearly linked to the level of retractions we have been seeing on the part of major scientific and scholarly journals when major research flaws are revealed postpublication.)

A better solution would be an understanding -- reflected in the reward structure -- that not every member of a department needs to make precisely the same contribution to the department in meeting its goals and responsibilities. Crafting such a reward structure is something that the New American Colleges and Universities consortium, for example, has been working on with funding from the Teagle Foundation.

To be sure, one expects that departments in research universities would have a sufficiently strong complement of truly distinguished scholars and scientists who are making significant contributions to the knowledge base in their fields, including some who may not be God’s gift to teaching. Fortunately, many highly distinguished scientists and scholars are also superb teachers. But there should also be room for faculty members whose teaching outdistances their research. If research universities presume to educate undergraduates, they need to consider how well they are fulfilling that responsibility. They should also feel an obligation to prepare their graduate students for occupying positions at a wide range of institutions of higher education; that is, they should be preparing graduate students seeking an academic career for their work not only as researchers, but as teachers.

There have been proposals for a separate track for faculty members who would focus on teaching, as opposed to research. This, however, is a solution that is part of the problem, since it will almost certainly perpetuate a culture of relative disdain for teaching, along with a tendency for teaching-focused appointments to be non-tenure-track. While there is a place for continuing appointments off the tenure track, viewing teaching in general as something unworthy of tenure would be unfortunate both in terms of institutional culture and how universities are viewed by the public.

It would also be desirable to recognize and reward those faculty members who have a special flair for sharing significant results of science and scholarship with a wide audience of readers -- beyond even The New York Review of Books. We already have an admirable complement of public intellectuals who earn their high position in the academic food chain by the traditional measure of research excellence -- though we could always use more of them. In addition, there are those whose contributions to public enlightenment might in and of themselves merit reward beyond what the current system offers.

Barriers to achieving a more informed citizenry may seem daunting, even at times insurmountable, especially when one figures in efforts at deliberate deception by powerful figures and opinion leaders. Indeed, we may feel the need to modify Abraham Lincoln’s famous observation that you can fool all the people some of the time and some of the people all the time by observing that those have turned out to be pretty good odds. But we should reward those who give the advancement of public knowledge their best effort -- and sometimes manage to make a difference.

Judith Shapiro is president of the Teagle Foundation and a former president of Barnard College.

AAUP Reports Condemn Felician, U of Southern Maine

Smart Title: 

AAUP reports condemn Felician, U of Southern Maine for alleged violations of academic freedom and tenure system ahead of likely censure votes.

AAUP slams U of Illinois handling of Steven Salaita case

Smart Title: 

AAUP report on Steven Salaita case at U of Illinois says the institution summarily dismissed him for protected, extramural speech. University could face formal vote of censure.

Panel discussion centers on work-life balance provisions in faculty collective bargaining agreements

Section: 
Smart Title: 

Can work-life balance provisions be successfully integrated into faculty collective bargaining agreements? 

Essay on what to do when you are told you are not a team player

Category: 
Dear Kerry Ann

Kerry Ann Rockquemore offers advice on how to handle a criticism that many receive on the road to tenure -- and a perception that needs to be faced promptly.

 

 

Job Tags: 
Ad keywords: 
Editorial Tags: 
Show on Jobs site: 

Essay on how to evaluate opportunities that may or may not help you win tenure

Category: 

Kerry Ann Rockquemore takes a question about an offer to write a textbook and discusses the need to have a system for figuring out when to say yes and when not to.

Job Tags: 
Editorial Tags: 
Show on Jobs site: 

Pages

Subscribe to RSS - Tenure
Back to Top