Resolution Requesting the BOR Reject the Report of the Permitted Interaction Group (PIG) on Tenure…

Presented to the Mānoa Faculty Senate by the Committee on Administration and Budget (CAB); the Committee on Policy and Planning (CAPP) and the Committee on Professional Matters (CPM) for a vote of the full Senate on October 20, 2021, a resolution requesting that the Board of Regents reject the Report of the Permitted Interaction Group on Tenure and its recommendations for changes to RP 9.201, 9.202, and 9.213.  Approved by the Mānoa Faculty Senate with 50 votes (100.00%) in support; 0 votes (0.00%) opposed and 1 abstention. 

RESOLUTION REQUESTING THAT THE BOARD OF REGENTS REJECT THE REPORT OF THE PERMITTED INTERACTION GROUP ON TENURE AND THE PROPOSED RESOLUTION 21-06 AND THE RECOMMENDED REVISIONS TO REGENTS POLICIES 9.201, 9.202, and 9.213. 

WHEREAS, the UH Board of Regents (BOR) on February 18, 2021 approved the appointment of a “Permitted Interaction Group to Investigate Issues and Make Findings and Recommendations to the Board Related to Tenure,” with the purpose and scope “to review and investigate the issue of tenure in areas including the history and purpose of tenure at IHEs, particularly regarding the University of Hawaii (UH); the evolution of, and current views and developments on, tenure at institutions outside of UH; and the current process, criteria, and decision making on tenure at UH”; and

WHEREAS, the Permitted Interaction Group (PIG) on Tenure did not carry out that mandate, but instead decided to focus on “1. The University’s current tenure classification system; 2. Practices on periodic review; and 3. The alignment of tenure with the mission and priorities of the University” (Report of the PIG on Tenure, September 10, 2021, p. 2); and

WHEREAS, the BOR Chair noted that the Task Group “would include representatives of the major stakeholders concerned with tenure including faculty and administrators involved in research and tenure, a college dean, and UHPA”; but

WHEREAS, the PIG did not include any faculty members; and

WHEREAS, the Handbook of the Western Association of Schools and Colleges (WASC), by which UH Manoa is accredited, states that:

“The institution does not experience interference in substantive decision or education functions by governmental, religious, corporate, or other external bodies that have a relationship to the institution.” (WASC Handbook of Accreditation 2013, Criteria for Review 1.5); and

WHEREAS, the Tenure PIG acknowledged that, having been made aware of Hawaii Senate Resolution No. 166, S.D. 1 (2021), “which requested the establishment of a task group to examine and assess UH’s tenure system and the compensation structure of faculty engaged in activities supported by extramural funding and grants,” the PIG decided to address “issues relevant to S.R. No. 166,” thus violating WASC’s criterion on external influence; and

WHEREAS, the PIG recommended problematic “revisions to:

1. RP 9.201 to establish policy direction in conducting promotion and tenure to ensure that University priorities and mission are met.
2. RP 9.202 to simplify and reduce the number of faculty classifications.
3. RP 9.213 to clarify responsibilities and provide policy guidelines regarding the periodic review process”; and

WHEREAS, CAPP’s resolution presented at today’s Senate, opposing changes to RP 9.201, persuasively argues that tenure is awarded, and must continue to be awarded, based on the professional record of the faculty member being evaluated, and not strategic growth priorities of the university or the state; and

WHEREAS, CAB has submitted testimony to the BOR arguing many of the above points, as well as that the PIG failed to understand either UHM’s multifaceted mission or the variety and workload distribution of faculty classifications, and arguing that all faculty involved in teaching and research require tenure protection (CAB, Statement on UH BOR PIG Report on Tenure, Oct. 5, 2021); and

WHEREAS, the changes proposed to RP 9.213 would move the oversight of periodic review from academic peers to administration, contrary to Manoa Faculty Senate Resolution of 2014, which puts forth guiding principles on periodic review that remain valid; and

WHEREAS, the American Association of University Professors pointed out that:

“Tenure is a means to certain ends; specifically: (1) freedom of teaching and research and of extramural activities, and (2) a sufficient degree of economic security to make the      profession attractive to men and women of ability” (AAUP 1940 Statement of Principles on Academic Freedom and Tenure); and

WHEREAS, the US Supreme Court has identified academic freedom as a First Amendment right and declared that:

“Our nation is deeply committed to safeguarding academic freedom, which is of transcendent value to all of us and not merely to the teachers concerned” (US Supreme Court in Keyishian v. Board of Regents, 385 US 589 (1967)); and

WHEREAS, the Report of the PIG and the evidence of external influence on the University and the Board of Regents threaten the WASC accreditation UH Manoa is currently undergoing;

THEREFORE, BE IT RESOLVED that the Manoa Faculty Senate requests that the Board of Regents reject the report of the Tenure PIG, and reject Resolution 21-06 supporting the findings and recommendations of the PIG, and reject the recommendations flowing from it.

Supporting documents:

CAB testimony on Tenure PIG
CPM/MFS 2014 Resolution on Periodic Review of Faculty

AAUP 1940 Statement of Principles on Academic Freedom and Tenure