Dear Colleague:

Welcome back to a new semester. I thank you for your efforts to help our University fulfill our mission of teaching, research and service during this very difficult academic year. The faculty's response to the challenges of recent months, particularly the issues relating to Dr. Sami Al-Arian, says much about the character of this University. Since the fall term there have been significant developments in regard to Dr. Al-Arian, and I want to take this opportunity to update you.

Dr. Al-Arian is an associate professor of computer science. As you know, Dr. Al-Arian's political activities and association with men who were later revealed to be terrorists have been a matter of intense controversy for Dr. Al-Arian and the University for a number of years, generating widespread suspicion and constant questions about the credibility of this fine institution. After terrorists attacked America on September 11, 2001, questioning about Dr. Al-Arian's activities reached new levels of intensity. On September 26, Dr. Al-Arian chose to appear on national television and talk about his associations and political causes. In the months since, the long series of national telecasts and other media coverage and the continuing activities of Dr. Al-Arian have stimulated intense and dangerous reactions for the University.

This very extraordinary situation has tested the very soul of the University, forcing us to think seriously about some of our most fundamental and deeply held principles. One is the principle that a faculty member may freely express his or her opinion. Another is the University's obligation to ensure the safety of students, faculty and staff and the effective operation of the University. This debate has been wrenching for me and for every constituency of the University. We find that opinion is divided among faculty, staff, students, trustees, alumni and other groups with an interest in USF. I think it's important to explain the factors that Provost Stamps and I considered as we deliberated to find the right balance between these two core principles.

The accusations against Dr. Al-Arian are not new. They are the same ones that were being made in the period of 1994-96. The FBI has thoroughly investigated Dr. Al-Arian. In the past decade, the FBI has not filed charges against him, has not exonerated him and has consistently denied the University's requests for information, telling us that the FBI's file on Dr. Al-Arian remains open.

On September 27, the first death threat against Dr. Al-Arian to be received at USF forced closure of the Computer Science Department Office. Late that day, on the advice of the University Police, the Provost and the Dean of Engineering, I decided to place Dr. Al-Arian on paid leave pending investigation of the threats to the safety of him and others working and studying at USF. At that time, the Dean of Engineering and the Provost met with Dr. Al-Arian, explaining to him that he was being placed on leave with pay, that he was not to come to campus until the leave was lifted, and that in expressing his personal opinions outside his field of expertise, he was obligated to make clear that they are his own and not USF's views. We had the hope and expectation that Dr. Al-Arian would soon be able to return to his faculty duties. But that was not the case.

Due to continuing misleading broadcasts and news reports and Dr. Al-Arian's manner of pursuing his political agenda, every time we assessed the situation, law enforcement advised it was not safe for him to return to campus. During this trying period, as Dr. Al-Arian has continued to promote his political views, he has not been diligent in making it clear that he is not speaking as a representative of USF. On at least one occasion after his meeting with the Provost and Dean, he came to campus to meet with students, forcing the University to place this requirement in writing. As the semester progressed, we recognized that Dr. Al-Arian was not fulfilling his responsibilities under the Collective Bargaining Agreement. As reluctant as I am to take any action that might be misconstrued as a breach of academic freedom or freedom of expression, I recognized the University's responsibility to balance a professor's right to expression against the obligation to protect the safety and well-being of the academic community.

The strain this situation has placed upon the capacity of the University to function has become more and more intense. Due to safety concerns in the College of Engineering, a number of faculty and students are fearful to be in the building after business hours. There has been substantial disruption in operations throughout the University as we have diverted resources into the response to this situation. Federal and state officials have questioned USF's ability to conduct the anti-bioterrorism research for which the University receives substantial federal funding, and in light of this controversy, federal agencies have raised concern about our research in other areas. This issue has seriously strained our relations with many of our alumni and others whose annual giving helps support University programs. Many students and parents of current and prospective students have expressed strong concern about whether USF campuses are safe. Not only has the past semester been disrupted due to this controversy, our files showed that 15 percent of Dr. Al-Arian's time on the USF faculty has been on paid leave due to issues related to personal political activities, and for which he bears some responsibility. This fact is not simply an indicator of past behavior, but is predictive of prospects for the future.

As the fall progressed and we were planning for the Spring Semester, Engineering Dean Louis Martin-Vega advised that the certainty of disruption in the College of Engineering if Dr. Al-Arian returned made it impossible for Dr. Al-Arian to resume faculty duties this academic year. Also in the fall, in consultation with several trustees, we retained an external employment attorney to conduct a legal review of the situation. The review was completed the week after fall commencement. Trustees requested an end-of-semester review of the situation, and on December 18, Chairman Dick Beard called an emergency meeting of the Board of Trustees for December 19. The Chairman explained that the meeting was called immediately on receipt of counsel Thomas Gonzalez's report so that the University could come to some decision about the employment status of Dr. Al-Arian in time to minimize the impact on the Spring Semester.

At that meeting, Dean Martin-Vega, the University Police and I reported on the many disruptions that have been visited upon the institution as a result of Dr. Al-Arian's private activities, and I outlined options for the University. Mr. Gonzalez made his report to the board, advising them that the substantial disruption did constitute cause for action against Dr. Al-Arian. The Board engaged in lengthy debate in which trustees weighed Dr. Al-Arian's political and expression rights against the University's obligation to provide a safe environment for work and study and to operate efficiently. The Board then adopted a resolution recommending that I begin the process of terminating Dr. Al-Arian's employment. Afterward, I held many conversations, and found that professors, deans, vice presidents, the Provost, students, trustees and others shared my anguish about this situation. At the end of the day, after Provost Stamps and I reviewed the record and my conversations, we determined that we agreed with the conclusions of the Board and others with whom we had consulted. We directed the University to inform Dr. Al-Arian of the intention to terminate his employment under the provisions of the Collective Bargaining Agreement. The Collective Bargaining Agreement includes significant safeguards for academic freedom and the rights of faculty - in particular, the grievance procedures. However the process ends, we will at last have a resolution to this nightmarish situation that has hung over the University for nearly a decade.

All of us who accept the responsibilities of university leadership understand our professors sometimes spark controversy in their research and teaching. If this were about the freedom accorded faculty in their research and teaching, we would be honor-bound to fight to protect academic freedom. But a different issue has brought us together. We are dealing with a most extraordinary situation. These unique issues have required us to determine how much disruption the University must endure because of the manner in which a professor exercises his right to express political and social views that are outside the scope of his employment. By virtue of his academic credentials and appointment to the position of Associate Professor of Computer Science, Dr. Al-Arian has full standing to speak as a USF employee - whether inside the classroom or out -- on issues of computer science. As a member of this faculty, he has standing to speak as a USF professor about governance of the University. It is his right to be identified as a USF employee as a matter of fact.

But just as we have the sacred obligation to uphold academic freedom and to respect employees' rights to express opinions as individuals, we also have a covenant with the people of Florida that the University will not use our governmental authority to advance any political position unless the University itself is a party to political issues that affect the capacity of the institution to fulfill our mission.

So as we examined the record and considered the many discussions we have had on this matter, we came to the conclusion that the Board's recommendation was in the best interest of the University - that Dr. Al-Arian's attitude toward his responsibilities to the University guarantee disruption will continue so long as he is on the faculty. The University notified Dr. Al-Arian of the intent to terminate employment on December 19. He has until January 12 to respond. After that point, he has the option of pursuing a grievance as outlined in the Collective Bargaining Agreement.

This has not been an easy decision. It has many ramifications for our university as we move forward. But I could see no better resolution. Of the options available to us, I am convinced that the one we chose is in the best interest of the University. I understand that many on the faculty have concerns about this, and I would welcome the opportunity to discuss this with you. If you would like to see more detailed information, it is available on the President's web page: http://www.usf.edu/president/index.html

Again, this has been a very difficult decision and one that has not been made lightly. This is a unique case. It is not about academic freedom, but the ability of our university to operate with the security and efficiency that are essential for USF to fulfill its mission. As your president, I know this is the right decision for moving this forward in our region, the state and the nation. I appreciate your work to make the University of South Florida all it can be.

Sincerely yours,

Judy Genshaft, President