Why be there for Faculty Assembly Sept 10?

Colleagues,

Whether or not you usually attend Faculty Assembly, it’s important that all of us attend the one coming up September 10. The oppressive new “Reporting Arrests” Policy is on the agenda. If enough of us attend, we can send it back to Senate for discussion and (hopefully) repeal.

The new policy asks employees to report on one another on pain of serious discipline. It requires all employees to report to University Counsel, within three days, any police reports, arrests, charges and indictments for a range of criminal behaviors by themselves or other employees. The kicker? If you fail to comply, you could be disciplined and even fired. 

There’s more. The policy

  • Creates undue risk to employees by providing the University with a ready means of disciplining or terminating anyone who—regardless of proven guilt—attracts the attention of law enforcement authorities (who often do not treat all populations equally).
  • Allows a single office (General Counsel) to evaluate cases and make recommendations potentially destructive to faculty and staff careers—evaluations based not on established, objective facts about employee conduct, but on subjective and potentially discriminatory judgments made before relevant facts can be established.
  • Places undue pressure on perhaps-traumatized victims and on Miami employees who are friends and family members to become informants.
  • Is unnecessary. Does not respond to any specific legal requirement placed upon the University. Appears to be driven mostly by a desire to avoid adverse publicity. Numerous reporting expectations already exist under University conduct policies; these are more than sufficient to enable the University to carry out its legitimate protective responsibilities.

While the declared goal of the new policy is laudable—to ensure the safety and security of the University community—in fact, it will create multiple and significant risks for employees while doing very little to improve campus safety.

Miami Senate approved the overreaching new policy without being given time to consider its many implications. Mysteriously, it was presented to Senate as part of the “Consent Calendar,” usually reserved for noncontroversial items not worthy of discussion.

The policy is currently on hold. It has been appealed by a group of concerned faculty and awaits discussion by Faculty Assembly. A quorum at the September 10 Faculty Assembly — a large crowd — can send the Reporting Arrests policy back to Senate for an informed and substantive discussion.

While all employees are affected by the policy, only tenure-line and TCPL faculty are members of Faculty Assembly, and only they can vote this policy back to Senate. Continuing faculty, your vote must speak not only for you, but for all Miami employees.

See you at Faculty Assembly on Tuesday, September 10, at 4:15 in the Shriver Admissions Auditorium (ground floor). 

Comments

3 responses to “Why be there for Faculty Assembly Sept 10?”

  1. Marsha Robinson Avatar
    Marsha Robinson

    The policy seems to follow the language of Ohio Revised Code 2921.22 Failure to report a crime or knowledge of a death or burn injury. http://codes.ohio.gov/orc/2921.22 which has specific conditions in which there must be a report to a law enforcement agency. Does anyone have information about how this law may be the template for this policy? I ask as a member of the Faculty Forum at the Regionals and I am not a member of AAUP.

    1. Miami AAUP Avatar

      Hi Marsha, thanks for the excellent question.

      We assume that Ohio law you linked to forms a basis for the new policy, just as it did for the earlier, but less extreme, “Reporting and Addressing Illegal Activity” policy.

      But in significant ways, the new policy goes over and above Ohio law and the earlier policy.

      First, Ohio law says that no person knowing of a felony having been committed will fail to report it to law enforcement. But the new policy requires reporting to General Counsel — not law enforcement.

      The new policy does not include any of the caveats listed as reasons why a person could legally not report (incriminating a member of the reporter’s immediate family, revealing a news source, etc.), implying that, unlike under Ohio law, there are no circumstances under which a person could avoid reporting without risking being fired.

      Finally, the discipline that can result from breaking the new policy has nothing to do with failing to report to law enforcement. A person can get fired simply for not reporting within three days to the university lawyer. Failing to report to the university lawyer is not a breach of Ohio law.

      Hope this helps.

  2. Marsha Robinson Avatar
    Marsha Robinson

    Actually, this raises more questions. How does one report to the university lawyer if one is still in jail on a false accusation? How does one hire an attorney if one has been dismissed from employment? How does one care for dependents while defending against the false accusation? If the standard is the police report and not proven guilt, what is the University, as a good steward, doing to prepare to compensate the person (and the person’s dependents) who might be dismissed on a false accusation in the report since the dismissal might compromise their ability to seek a rapid resolution of the false report? Given that AI facial recognition technology has been shown to have inherent biases and given situations in the news too numerous to begin listing here, false accusations in police reports may increase. Further, how do we teach that American law holds that one is innocent until proven guilty if this policy goes forward? Will we all have to rewrite our lectures?

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