
Last fall, tenured psychology professor Brian Butler had an argument with his neighbour regarding a disputed willow tree on one of their properties—an argument that resulted in Butler hitting his neighbour with a 24-foot ladder, grabbing his neighbour’s neck and threatening him. Butler has since been charged with assault with a weapon and uttering threats, although his guilt has yet to be proven in court.
Under current tenure provisions, dismissal can only occur as a result of three causes: gross misconduct, incompetence or persistent neglect of academic duties. The six-year process of achieving tenure, meant to protect freedom of speech and intellectual pursuit, also protects professors from being fired from their positions because this could be construed as an infringement of those freedoms.
This case highlights tenure as a flawed system in need of review. For one, there should be clearer definitions of what criminal charges would be considered gross misconduct and therefore grounds for dismissal.
In the private sector, a major difference of opinion between an employee and his or her boss may result in termination; in the academic realm, it’s necessary to ensure some sort of protection so professors can express divergent views. That said, the purpose of tenure is not to protect professors who attack their neighbours. Tenure should not give professors a licence to commit crimes without facing any professional consequences.
Students must go through a non-academic discipline system for violating the University’s Code of Conduct, so it’s surprising that the process for faculty isn’t based on the same principles.
If professors are being disciplined for external actions that may affect their employment at the University, it would be nice to see a greater effort for accountability and more open disciplinary procedures, as well as a clearer definition of what constitutes gross misconduct, incompetence and neglect of academic duties.
Professors interact with students on a one-on-one basis, so it’s problematic that the University isn’t more concerned with one of its professors showing signs of violent behaviour. We hope students and faculty will voice their concerns regarding the protection of Butler’s status so that disciplinary measures are considered during his yearly review.
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