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Can senior managers be fired just for disagreeing with the boss?

Scott Jaschik writes for on a row that has captivated Canadian higher education

Published on
May 19, 2014
Last updated
February 16, 2017

is a two-page document in which the dean of the School of Public Health at the University of Saskatchewan, Robert Buckingham, recounts a meeting of deans, vice presidents, and the most senior administrators of the university in December 2013.

At the meeting, Professor Buckingham wrote, President Ilene Busch-Vishniac said that if anyone publicly disagreed with 鈥 her reorganisation plan for the university, their 鈥渢enure would be short.鈥

Professor Busch-Vishniac was true to her word. Professor Buckingham鈥檚 document not only detailed the way deans were told to back the project, but explained why he didn鈥檛. He said that parts of the plan that would place the public health programme into the medical school could endanger the public health programme鈥檚 accreditation - and he included documents showing that accreditation could be endangered, as well as a warning he received from the provost telling him not to talk in public about his concerns about accreditation.

The day after the document was released, Professor Busch-Vishniac had Professor Buckingham fired - initially from both his dean鈥檚 position and a faculty job, although following a day of protests from many Canadian academics, she said he could hold on to his faculty job. But in she reiterated her belief that deans must never disagree with the president in public.

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鈥淒r Buckingham is not only permitted but encouraged to have opinions that might disagree with those developed by top administrators,鈥 she said.

鈥淗owever, once a decision is made at the institutional level, all senior leaders must publicly conform to that decision or resign their leadership role.鈥

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Professor Buckingham鈥檚 firing attracted considerable attention in US academic circles from people who don鈥檛 normally follow the University of Saskatchewan or have strong feelings about its public health school. That鈥檚 because of the issues it raises about academic leadership.

In much of the business world, hierarchies are clear and middle managers are expected not to publicly disagree with their bosses. But in academe, traditions are different. Faculty members routinely blast their bosses鈥 decisions, and that鈥檚 part of the tradition of shared governance. But what of deans, who are academic leaders, generally with deep academic roots? Does the nature of academic freedom and shared governance protect them, or must they be yes-men (and women)?

For non-academic administrators, courts in the US have backed the authority of colleges to dismiss those who take public positions contrary to those of their institutions. Federal courts found, for example, that University of Toledo was within its rights to dismiss its head human resources administrator in 2008 when she wrote a letter to the editor taking issue with gay rights. She sued, arguing that her free speech was being violated. But a district court and then an appeals court found that the university was legally entitled to not have someone in a human resources position speaking against the equity stance of the institution.

Even some champions of free speech for faculty members say that the rights of administrators are limited.

Robert O鈥橬eil, former president of and professor of law at the University of Virginia, and author of (Harvard University Press), said that faculty members 鈥渨ho hold academic deanships enjoy somewhat less freedom in their professorial capacities than in their administrative roles.鈥 He explained, using the former Harvard president as an example, that 鈥淟arry Summers enjoyed complete freedom to speak on gender disparity as an economist but not necessarily as president.鈥

And the loss of some degree of academic freedom may start below the dean鈥檚 level, at the faculty chair level, he said.

When Ward Churchill became controversial in 2005 over statements he made about 9/11, Professor O鈥橬eil noted, he resigned as chair of ethnic studies at the University of Colorado at Boulder. (He lost his tenured faculty job subsequently over research misconduct, after the university concluded that his 9/11 comments were protected speech.)

鈥淲ard Churchill would almost certainly have been dismissed as chair of ethnic studies at Colorado had he not immediately resigned that slot,鈥 Professor O鈥橬eil said.

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Many experts on higher education administration agree that deans face limits that faculty members do not. Walter H. Gmelch, professor of leadership studies at the University of San Francisco, and co-author of (Stylus), said that, as a dean, 鈥測ou are entitled to academic freedom but uppermost you are part of the university鈥檚 leadership team.鈥 He said that when a dean can鈥檛 support the president鈥檚 position, 鈥渙ne needs to be respectfully silent in public or at least respectfully disagree and possibly decide it is time to seek another position.鈥

Others disagree and point to definitions of academic freedom that include 鈥渋ntramural speech鈥, which is the debate that involves the direction of colleges and universities.

Greg Lukianoff, president of the Foundation for Individual Rights in Education, said via email that even though his group does not get involved in disputes in Canada, 鈥淚 was appalled by what happened at the University of Saskatchewan鈥.

鈥淲hile scholars of academic freedom sometimes do not agree on the importance of 鈥榠ntramural speech鈥,鈥 Lukianoff said, 鈥淚 believe it should be protected. Universities should serve as models of open discourse, taking full advantage of the benefits of feedback and discussion. To be clear, even in the U.S. an administrator in a leadership position can be removed from their position by the administration for good cause, but doing so merely because an academic dean was critical of a university president sets a terrible precedent that is unworthy of a great university鈥.

Timothy J. Burke, a professor of history at Swarthmore College who writes frequently about trends in academe, wrote on Facebook about why he thought Professor Buckingham鈥檚 dismissal was important to so many faculty members and administrators at a range of institutions.

鈥淭his is what oligarchy looks like,鈥 Professor Burke wrote. 鈥淵ou have in this case a university where the president didn鈥檛 want her own staff, picked allegedly for their good judgment and judicious temperament, to disagree with a strategic decision she had made.

鈥淭he more you look at the strategic decision, the more you realize that the intensity of the desire to not have disagreement is very likely a precondition set by some outside partners participating in the initiative. It鈥檚 not ridiculous to ask that people who are part of a decision own their part of it. It is ridiculous to demand unquestioning loyalty to all aspects of the decision and to handcuff the judicious, intelligent capacity of managers to critically assess the decision as it is being made.鈥

Among the groups that spoke out against Professor Buckingham鈥檚 firing was the Canadian Association of University Teachers, the largest faculty union in Canada, which represents professors (but not deans) at the University of Saskatchewan. The administrators鈥 statements at the university specifically noted that, as a dean, Professor Buckingham was not entitled to membership in the faculty association.

James Turk, executive director of the Canadian Association of University Teachers, said that his association believes all academic officials should be entitled to speak their minds on academic matters 鈥 and he said that this right should apply to tenure-track faculty members (covered by union contracts) and to others, including adjuncts and deans.

鈥淯niversities are premised on the idea that the best way forward is a result of vigorous discussion,鈥 he said. When deans can be fired for taking a contrary position on an academic program鈥檚 future, 鈥渋t impoverishes the university.鈥

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Reader's comments (3)

It's simple: if the President really does hold this view, then she is a fool. Unfortunately, there are plenty of examples closer to home too
Thank you to my friend who has written to me today as follows: The link shows that, unlike Fanis case, there was a widespread backlash with positive consequences. Maybe it is a lesson for academic solidarity to be spread in UK. http://www.theglobeandmail.com/news/national/education/university-official-resigns-amid-furor-over-firing-of-professor/article18752199/
Although, in fairness, I should mention two more things: 1) I am indebted for the very considerable solidarity that I have received in my own case - over fifty individuals wrote to the Principal of Queen Mary to reconsider and over two thousand signed the petition to save our School 2) The managers that gave me the sack did not accept that their motivation for this decision had been to silence my views and influence on the way Queen Mary operated. Nevertheless, I agree that when academics operate in a collegiate framework they are at their best, including in what benefits they offer to society.

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