This needs to be sent to the faculty.


>From: "Gardner, Sylvia" <sgardner@acad.usf.edu>
>To: Acad-Chairs <deptchair@acad.usf.edu>, Acad-COD <dcouncil@acad.usf.edu>,
> Acad-Directors <directors@acad.usf.edu>,
> Acad-Principals
> <principals@acad.usf.edu>
>Subject: Memorandum from Provost Stamps
>Date: Fri, 21 Dec 2001 11:46:53 -0500
>Importance: high
>X-Mailer: Internet Mail Service (5.5.2653.19)
>
> <<USF Faculty--Al Arian memo.doc>>
>
>Please distribute copies of the Provost's memorandum (Attachment) to all
>faculty in your area/unit; it is also pasted below.
>
>Thank you.
>
>
>
>
>
>
>Memorandum December 20, 2001
>
>TO: USF Faculty
>
>FROM: S. David Stamps, Provost and Vice-President for Academic Affairs
>
>SUBJECT: Dismissal of Dr. Sami Al-Arian
>
>As many of you now know, Dr. Sami Al-Arian, Associate Professor of Computer
>Science and Engineering, has received notice from President Genshaft of her
>decision to dismiss him from his tenured position at USF. This follows an
>emergency meeting of the USF Board of Trustees on Wednesday, December 19,
in
>which the Board voted to recommend this action.
>
>I understand that many of you will be deeply concerned; dismissal of a
>tenured professor is a highly unusual action, and cannot ever be taken
>lightly. Every member of the USF faculty deserves the fullest explanation
>of why this step was taken.
>
>First and foremost, this decision must be understood as situated within a
>very particular set of circumstances. Dr. Al-Arian was not dismissed
>because of the content of any of his public utterances. Mr. Tom Gonzalez,
>who was retained by USF to render a legal judgment on the situation, stated
>unequivocally that Dr. Al-Arian has an "unquestionable right to engage in
>protected free speech on matters of public concern." The USF
administration
>continues to defend that right.
>
>However, Dr. Al-Arian's television appearances in September and October, as
>well as his subsequent actions, have led directly to a situation in which
>USF has been unable to conduct its business without severe disruption. At
>the Board of Trustees meeting, we heard full details of that disruption:
>
> * A University Police spokesman described the series of
>specific death threats that were received at USF against Dr. Al-Arian,
>creating a safety risk not only to him but also to colleagues, staff, and
>students. It was that risk that led to his paid leave, beginning September
>28. These threats continued, along with less specific threats and
vitriolic
>communications aimed at USF more generally.
>
> * Louis Martin-Vega, Dean of the College of Engineering,
>described not only an ongoing atmosphere of fear within the College, but
>also continuing interactions with the public, national colleagues and
>others, that have focused on the situation and characterized USF very
>negatively.
>
> * Reports were also given detailing the negative effect the
>situation has had on USF's reputation regionally and nationally, with an
>inordinate amount of time being spent attempting to respond and counter
>this.
>
>I am sure that this disruption has not been as apparent to faculty at
large,
>so I believe it is important that you understand this context. Mr.
>Gonzalez's opinion concluded that USF is legally justified in taking
>disciplinary action against Dr. Al-Arian for several reasons, primarily
>that:
>
> * Dr. Al-Arian has failed to fulfill his contractual
>obligations because, although he was directed to do so when placed on
leave,
>he has continued to make public statements without indicating that these
>represent his own views and not those of the University.
>
> * He has failed to fulfill his contractual obligations
because
>his actions have severely disrupted the orderly and effective functions of
>his public employer, the University.
>
>Mr. Gonzalez noted that Dr. Al-Arian also disregarded an order that he not
>appear on campus while on leave. Citing very specific case law, Mr.
>Gonzalez concluded that "The Constitution guarantees Dr. Al-Arian's right
to
>speak. It does not insulate him from the consequences of his speech which
>impeded the ability of USF to carry out its mission and fulfill its
>objectives."
>
>As many of you know, Dr. Al-Arian's recent paid leave was not the first
time
>that USF has gone to great lengths to accommodate his right to speak
freely.
>He was placed on paid leave for two years in 1996, a decision that
protected
>USF while also allowing Dr. Al-Arian to continue speaking his mind.
>However, given the extreme nature of the disruption that has faced USF in
>the current climate, this position is no longer tenable.
>
>Like you, I am a member of the USF faculty. I revere the central tenets of
>academic freedom and free speech, and I would not stand by if I believed
>these were being violated in this case. I have experienced first-hand the
>disruption of normal business, including relations between USF, its peer
>institutions and its constituents. It distresses me to see the impact that
>Dr. Al-Arian's actions have had on an academic institution of which I am
>very proud.
>
>This series of events is one we all need to consider carefully, and reach
>our own conclusions. I do not expect we will all be of like mind. I only
>ask that each of you understand the details and the context that led to
this
>decision. Please feel free to request more information from my office if
>you need it, and please accept my very best wishes for a healthy and happy
>festive season.
>
>SDS.sg
>