October 26, 1999




The Committee on Privilege and Tenure met periodically during 1998-99, considering two grievances by faculty members and reviewing a number of items forwarded by the Chair of the Division.

One grievance concerned an aspect of an academic personnel review. In such cases, P&T is directed only to determine whether or not there have been procedural errors, unfair treatments or other irregularities. In this case, no evidence of irregularities was found. The other grievance was brought by a faculty member against an administrator; P&T found no evidence that there was any violation of rules or of the faculty members rights or privileges.

Items referred to the Committee by the Chair of the Division included: (1) the Draft Report and Recommendations of the Universitywide Task Force on Copyright; (2) the Revised UCSD Sexual Harassment Policy and Complaint Resolution Procedures; and (3) the Proposed New Academic Personnel Manual Policy 075 on Termination for Incompetent Performance.

The Committee noted that the majority of the issues raised by the Universitywide Task Force on Copyright would not fall within the purview of P&T, except perhaps in disciplinary cases that might involve infringement matters or copyright ownership questions. We expect that a revision of the draft will be returned for consideration by the 1999-00 committee.

P&T unanimously endorsed the proposed revisions to the UCSD Sexual Harassment Policy and Complaint Resolution Procedures and commended the review committee and Director Chamberlain. The revision reaffirms the agreement between the Senate and the Administration that other forms of preliminary investigation conducted by the Administration may stand in lieu of appointment of and investigation by an investigating officer.

Versions of the Proposed New Academic Personnel Manual Policy 075 on Termination for Incompetent Performance have been considered by prior Committees on Privilege and Tenure, and we were pleased to note that the version proposed in 1998-99 incorporated their recommendations. While we were comfortable with the document, and felt it met the need for which it was crafted, the proposed policy has met criticism by other divisional committees and at the systemwide level as well. We expect that the 1999-00 committee will be asked to consider a revised proposal.

The systemwide Committee on Privilege and Tenure, Academic Council, the Office of the President, and the UC General Counsel have agreed to designate one member of the Counsels office to provide legal advice to Division P&T committees. An attorney was appointed this past spring, and she is currently in the process of scheduling visits to each Division. It has been agreed that a strict legal firewall will be maintained between this position and others at General Counsel that prosecute cases of alleged violations of the Faculty Code of Conduct or defend the Administration in grievance actions. This is a particularly advantageous arrangement for Divisions that are without benefit of law school faculty for legal consultation. Other systemwide measures are being developed to provide assistance to divisional P&T committees.

Finally, we would like to express our gratitude to Chair Mosshammer and the Committee on Rules and Jurisdiction for their advice in the interpretation and application of the bylaws governing the Committee and to Judy Morales and Diane Hamann for their administrative support.

Respectfully submitted,

Duncan C. Agnew
Lawrence A. Palinkas
Adele Edling Shank
Doris A. Trauner
Donald T. Wesling
Laura E. Schreibman, Vice Chair
David S. Luft, Chair

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