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BULLETIN of the American Association of University Professors Academe July–August 2014 BULLETIN of the American Association of University Professors Volume 100 It’s your retirement. How do you plan to spend it? We can help you get ready for what’s next. Retirement is all about entering a new phase of your life — one lived on your terms. Our Fidelity Planning and Guidance Consultants can help you build a plan for the retirement you have in mind, so you can feel confi dent you’re helping ensure your assets last a lifetime. Talk with us today, and imagine tomorrow. One on one. Always free. That’s guidance from America’s Retirement Leader SM. For planning and guidance tailored to your needs and your schedule, call 866.715.6111 or visit Fidelity.com/imaginetomorrow. Keep in mind that investing involves risk. The value of your investment will fl uctuate over time and you may gain or lose money. America’s Retirement Leader is based on two surveys: The PLANSPONSOR magazine 2013 Recordkeeping Survey (© Asset International, Inc.), based on defi ned contribution plan assets administered and number of participants of recordkeepers, as of 12/31/2012; and Cerulli Associates’ The Cerulli Edge® — Retirement Edition, fi rst quarter 2014, based on an industry survey of fi rms reporting total IRA assets administered for Q4 2013. Third-party trademarks and service marks are the property of their respective owners. All other trademarks and service marks are the property of FMR LLC. Fidelity Brokerage Services LLC, Member NYSE, SIPC. © 2014 FMR LLC. All rights reserved. 687769.1.0 14336_10_AD_Academe_RetInc_FP.indd 1 7/8/14 2:28 PM ///////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////// BULLETIN BULLETIN AAUP President of ThE AmErIcan AssociatioN of UnivErsity ProfEssors rUDy h. fIchTENBAUm J uly – A U g U s T 2 0 1 4 | ( v o lu m E 1 0 0 ) Executive Director Academe JULIE m. schmID Director of External Relations gwENDoLyN BrADLEy Editor grEGORY f. schoLTZ Managing Editor 3 | from the Editor mIchAEL fErgUsoN Consulting Editor AcAdemIc Freedom and teNure InvestIgAtive report JorDAN E. KUrLAND 4 | Northeastern Illinois University Editorial Assistant EDwArD J. grAhAm polIcy documeNts and commIttee reports Design sese-Paul Design 16 | Academic freedom and Electronic communications Bethesda, mD 35 | statement on Intellectual Property Advisory Board 38 | Defending the freedom to Innovate: faculty Intellectual Property rights after sTEPhEN h. ABy University of Akron Stanford v. Roche LARRY g. gErBEr 57 | faculty communication with governing Boards: Best Practices Auburn University LAwrENcE s. PosToN AnnuAl reports and other Business University of Illinois at chicago 62 | Report of committee A on Academic freedom and Tenure, 2013–14 DAvID m. rABBAN 71 | Report of the Annual meeting University of Texas at Austin 74 | Corrections to the 2013–14 Annual Report on the Economic Status cAT wArrEN North carolina state University of the Profession The Bulletin of the American 78 | AAUP officers and council, 2014–15 Association of University 80 | Officers and Executive committee of the AAUP-cBc, 2014–15 Professors is published annually as the July–August issue of 81 | Board of Directors of the AAUP foundation, 2014–15 Academe (IssN 0190-2946). © 2014 American Association of 83 | Committees of the AAUP, 2014–15 University Professors. Academe is published bimonthly for members of the AAUP. Domestic nonmember subscriptions are $85, foreign subscriptions $89 (Us). Periodicals postage paid at washington, Dc, and additional mailing offices. PosTmAsTEr: send address changes to Academe, 1133 Nineteenth street Nw, suite 200, washington, Dc 20036; 202-737-5900. 2014 BULLETIN | 1 the aaup /////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////// today tJhese Areo extremelyIN chAlleNging tImes for academia. Now more than ever we need to work together to defend shared values and the quality of higher education. yes, I would lIke to Join the AAUP Please complete this form and mail it to the AAup, 1133 Nineteenth street NW, suite 200, Washington, dc 20036-3655. if you have any questions, please e-mail [email protected]. This is ❏ a new application ❏ an application for renewal. employmeNt status (Check one) Name (Please Print) FirsT Middle lasT ❏ Full Time: Teacher, researcher, or academic pro- fessional at an accredited college or university institution ❏ Part Time: Faculty paid on a per-course or per- Tenured? Tenure Track? centage basis academic discipline ❏ Yes ❏ No ❏ Yes ❏ No ❏ Graduate Student: enrolled at an accredited institution within the last five years and not eligible for another active membership category Home address (required*) ❏ Retired ❏ Associate: a nonvoting membership for all other supporters, including administrators and the public City sTaTe ZiP Code Work address Please consider making a donation to the AAUP Foundation, a 501(c)(3) charitable nonprofit organization that supports the principles of City sTaTe ZiP Code academic freedom and the quality of higher education in a free and democratic society. e-Mail daytime Telephone Gifts to the Foundation are tax-deductible to ❏ Please do not include my name on non-aaUP mailing lists. the extent allowed by law. Preferred Mailing address ❏ Home ❏ Work My gift of $____________ is included below. *We are required to use home addresses for aaUP election materials. 1 ❏ My check payable to the aaUP is enclosed for 2014 Annual NatIoNal dues $ Annual Dues Academic Income ❏ Please send me information to pay by bank debit $48 $30,000 and less ❏ Please charge $65 $30,001 – $40,000 $ $86 $40,001 – $50,000 $108 $50,001 – $60,000 to ❏ Visa ❏ MasterCard ❏ ❏ $151 $60,001 – $70,000 american express discover $177 $70,001 – $80,000 Card No.: $200 $80,001 – $100,000 $220 $100,001 – $120,000 exp. date: $243 More than $120,000 signature: show your support wIth a lIfetIme membershIp2 ➤ age 60 to 64: $1,800 ➤ age 65 to 69: $1,200 ➤ age 70 and older: $800 1. Rates valid through december 31, 2014. if you teach at an institution where the AAUP has a collective bargaining agreement, please contact the local chapter for information on joining the AAUP. if you teach in Nevada, please contact the Nevada Faculty alliance. 2. Lifetime member rates do not apply to members currently paying dues via a collective bargaining chapter. (aCa) /////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////// from the Editor his issue of the Bulletin of the Ameri- limited to no greater extent in electronic format than can Association of University Pro- they are in print, save for the most unusual situa- fessors, the Association’s journal of tion where the very nature of the medium itself might record, contains several annual reports, warrant unusual restrictions.” But the subcommittee lists of officers of the three entities that applied that principle to realities in electronic commu- constitute the restructured “AAUP nications that did not exist a decade ago. The report, Tenterprise” (the AAUP, the AAUP foundation, and the published online in its final form in April 2014, also AAUP-cBc), a list of the AAUP’s standing commit- offers a number of specific policy recommendations for tees, and other business documents. In addition, the protecting academic freedom and promoting faculty 2014 Bulletin reprints a case report of an investigation governance in matters of electronic communication. into violations of academic freedom and tenure that The Statement on Intellectual Property and led to censure as well as four policy documents and Defending the Freedom to Innovate: Faculty reports approved by Association standing committees. Intellectual Property Rights after stanford v. roche, Academic Freedom and Tenure: Northeastern both produced by a subcommittee of committee Illinois University, an ad hoc investigating commit- A and both published online in final form in June tee report first published in December 2013 on the 2014, address the increasing tendency of university AAUP’s website, recounts how an assistant professor administrations unjustifiably to claim ownership of of linguistics, the only untenured member of an anti- the products of faculty research and teaching. The administration faculty group, was denied tenure by the second document is a lengthy report on the issue, with university’s president, despite having received favor- particular focus on faculty patent rights, as reasserted able recommendations from his colleagues, his chair, in the Us supreme court’s 2011 decision in Stanford his dean, and the university-wide faculty personnel v. Roche. In its final section, it sets forth recommended committee. of sixteen tenure candidates reviewed that principles on intellectual property designed for incor- year by the president, the linguistics professor was the poration into institutional regulations and collective only one the president declined to recommend to the bargaining agreements. The much briefer Statement governing board for tenure. The investigating com- on Intellectual Property distills the key points of mittee found that the president had failed to provide Defending the Freedom to Innovate and
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