orgtheory.net

comments on recent developments in the salaita case

In 2014, Steven Salaita was offered a job at the University of Illionois at Urbana-Champaign. The offer was rescinded after he wrote some strongly worded totally outrageous tweets about the Palestine-Israel conflict. Salaita litigated, claiming that the he was an actual employee of UIUC and could not be fired based on the political opinions expressed in his tweets.

Last week, a Federal court in the state of Illinois issued a very important ruling. First, the judge determined that the letter given by the interim was in fact a job offer and he was, in fact, under contract. Second, the suit was not dismissed and he could continue the litigation.

Comment 1: This court ruling is one of the most clear minded approaches to academic contracts I have ever read. Universities have this bizarre system where they offer jobs but the offer has to go through multiple levels of approval. Universities will often claim that you aren’t actually employed until the Board of Trustees (or its equivalent) votes. Often, this final vote happens after the first day of class. In Salaita’s case, the Chancellor, Phyllis Wise, took back the offer, then allowed it to go a final vote, where Salaita was rejected.

The issue is – are you actually under contract until that final vote? The judge ruled that yes, you are obviously under contract. You sign the forms, you get moving funds, you get resources, and, in Salaita’s case, administrators called him an “employee” in public. If he wasn’t actually under contract, then he could literally take UIUC’s moving funds and teach at some other campus and UIUC would have no grounds for complaint. This strikes me as a very sensible reading of the situation. Otherwise, people could switch campuses and take offers until the moment of the final Trustees vote.

So the court said, yes, this is a contract, you can litigate over breach of contract, and then discovery will ensue, which will be very, very interesting.

Comment 2: Shortly after the court decision, Chancellor Wise resigned. I’ve studied college administrator politics, so this is no surprise. College administrators are political actors who are subject to often crippling political pressures. The back story of the Salaita case is that a number of donors were upset with Salaita. There is also a long standing issue with a medical school that Wise was developing, which might have been a factor in the dispute. Given the litigation that is to come, Wise’s resignation could be foreseen.

50+ chapters of grad skool advice goodness: Grad Skool Rulz ($2!!!!)/From Black Power/Party in the Street

Written by fabiorojas

August 13, 2015 at 12:01 am

Posted in fabio, higher education

6 Responses

Subscribe to comments with RSS.

  1. You should read the latest on the “resignation’. Chancellor Wise’s departure has almost nothing to do with Salaita. ( http://www.chicagotribune.com/news/ct-university-of-illinois-chancellor-bonus-vote-20150812-story.html ) It was about trying to duck politics in perhaps the most politically ugly state in the US.

    Wanna recommend someone to take this job? Look at the exits of the chancellors and system presidents over the past decade (save the most recent President — Robert Easter — who turned over the system to President Killeen). A snake’s nest of state politics…

    Liked by 1 person

    Randy

    August 13, 2015 at 1:26 am

  2. Randy: This is behind the paywall – can you summarize?

    Liked by 1 person

    fabiorojas

    August 13, 2015 at 1:58 am

  3. Update – board rejects her resignation. https://www.insidehighered.com/news/2015/08/13/u-illinois-board-rejects-400000-deal-outgoing-chancellor

    Cotton (not her lawyer) makes some of the same arguments as Salaita’s lawyer

    Liked by 1 person

    . (@snowblossom2)

    August 13, 2015 at 11:35 am

  4. The post by snowblossom2 has most of the public information about the overt reason they asked for her resignation: the Hilllary-Clinton-hide-the-email-game. I suspect behind the overt noise is the political fallout from Wise’s move to build a med school on the Champaign campus which will compete with the Chicago-based med school, especially for external research funds. Evidently the Chicago mayor’s office and others in State government were angered, which caused the defection of (governor-appointed) trustees from the project and support of the Chancellor. The budget standoff between the legislature and the governor adds more drama.

    Like

    Randy

    August 13, 2015 at 4:18 pm

  5. In this case, seems like the Chancellor is at the cusp of university and state politics. Train wreck waiting to happen.

    Like

    fabiorojas

    August 13, 2015 at 6:32 pm

  6. @fabio: yes! The metaphor is standing on a barren peak with toxic waste bubbling up from below, acid rain pelting down from above, and soul-dessicating winds wailing from all sides. If this is university governance, you can keep shared governance :-)

    Liked by 1 person

    Randy

    August 13, 2015 at 10:49 pm


Comments are closed.

%d bloggers like this: