ACADEMIC FREEDOM AND TENURE Yeshiva University1 Immediately prior to the commence- leagues, professors active in the Faculty Steering ment of the 1978-79 academic year, the administra- Committee of the Faculty of Arts and Sciences, and tion of Yeshiva University sent letters to five leaders of the organization which had been elected tenured faculty members notifying them that their to represent the faculty for purposes of collective appointments were to be terminated immediately. bargaining, the Yeshiva University Faculty Associ- The faculty members were told that they would ation.2 In addition, the investigating committee receive severance pay for the forthcoming year but listened to recorded hearings on the cases held by would not have any academic responsibilities. Two an ad hoc committee of the Faculty of Arts and of the notices were subsequently rescinded. The Sciences in September, 1978, and it examined the three remaining affected faculty members—Profes- extensive file on the cases that had been compiled sors Shelly Koenigsberg, Charles Patt, and Dorothy by the Association's staff. Sievers—asked the Association for advice and assis- Yeshiva University is a private university located tance. After discussions between the Association's in New York City. Its origins are in a day school, staff and the administration of Yeshiva University founded in 1886, offering instruction in Jewish and failed to achieve a resolution, the undersigned ad General Studies. Ten years later, a theological hoc committee was appointed to investigate the seminary was established. Yeshiva College was cases of concern. established in 1928 and awarded its first baccalaure- The members of the ad hoc investigating commit- ate degrees in 1932. The name Yeshiva University tee visited Yeshiva University on January 16-17, was adopted in 1945, and the Middle States Associ- 1980. Vice President for Academic Affairs Blanche ation of Colleges and Secondary Schools first ac- D. Blank and members of her staff conferred with credited the University in 1948. Yeshiva University the committee and answered a limited range of retains strong ties to the Orthodox Jewish commu- questions. The committee interviewed the three nity although it is considered nonsectarian and as faculty members whose appointments were termi- such became eligible for New York State aid to nated, two former deans, the faculty members' departmental chairmen and other faculty col- 2 In February, 1980, the U.S. Supreme Court decided that the provisions of the National Labor Relations Act 1 The text of this report was written in the first for collective bargaining were inapplicable to the Yeshi- instance by the members of the investigating committee. va University faculty (see Academe, May, 1980, pp. 188- In accordance with Association practice, the text was sent 197). The election for collective bargaining and the to the Association's Committee A on Academic Freedom subsequent litigation have no particular relationship to and Tenure, to the teachers at whose request the investi- the cases that are the subject of this report. It will be gation was conducted, to the administration of Yeshiva recalled, however, that the Court based its decision on University, and to other persons directely concerned in findings that the faculty of Yeshiva University had such the report. In the light of the suggestions received, and substantial roles in academic governance that they must with the editorial assistance of the Association's staff, the be considered managers and they are ineligible for report has been revised for publication. protection under the National Labor Relations Act. 186 / ACADEME August 1981 independent secular institutions (commonly called organization of the University would be by disci- "Bundy money") in 1970. pline, although the separation of the University The University enrolls approximately 7000 stu- into various colleges would remain, and faculty dents in four basic academic centers. The main members who previously had taught exclusively at campus, in the Washington Heights section of the graduate level could therefore be expected to Manhattan, includes the men's undergraduate divi- teach at Yeshiva College or Stern College. In each sion, Yeshiva College, the Erna Michael College of of the cases to be discussed, the stated reason for Hebraic Studies, and the James Striar School of releasing the faculty members was academic reor- General Jewish Studies. This campus also houses ganization. the Rabbi Isaac Elchanan Theological Seminary, the Bernard Revel Graduate School, the Harry Fischel Belfer Graduate School—The Termination of the School for Higher Jewish Studies, and the site of Appointment of Professor Charles Patt the former Belfer Graduate School of Science (to be The Belfer Graduate School of Science offered discussed below.) A midtown center, on Lexington degrees in physics, chemistry, and mathematics. On Avenue and 36th Street, is the site for Stern June 27, 1977, President Lamm sent a letter to each College for Women and the Teachers Institute for member of the Belfer faculty announcing his deci- Women. The Graduate Center, on lower Fifth sion to close the Graduate School in light of the Avenue, houses the Ferkauf Graduate School of financial needs of the University, declining enroll- Humanities and Social Science, the Wurzweiler ments, and the high costs of operation. Present School of Social Work, and the recently established graduate students were to be afforded the opportu- Cardozo School of Law. Finally, the Albert Einstein nity to complete their studies, but new admissions College of Medicine and the Sue Golding Graduate were suspended. The president indicated that some Division of Medical Sciences are located at the faculty members would be reassigned to under- University's Bronx Center. graduate teaching but that the appointments of The president of Yeshiva University is Dr. Nor- others would be terminated under procedures con- man Lamm; he assumed his office in August, 1976, sistent with the January 14, 1974, Statement of following the thirty-three-year presidential term of Tenure and Appointment Policy of Yeshiva Uni- the late Rabbi Samuel Belkin. At the time of his versity. He stated that it was the University's appointment, President Lamm was professor of intention to complete the reassignment or termina- Jewish philosophy at the University and also rabbi tion of appointments of faculty by June 30, 1978. of a prominent Orthodox Jewish congregation in As far as the undersigned investigating commit- Manhattan. A year later, he announced a reorgani- tee can determine, the basic decision to close the zation of the administrative structure by discipline Belfer Graduate School was made by the president instead of by individual schools, and he named a and his vice presidents; the long-time dean of Bel- number of new administrative officers. Dr. Blanche fer, Dr. Arthur Komar, was not consulted in all D. Blank became vice president for academic af- details, and the Belfer Faculty Welfare Committee fairs. Dr. Morton Berger became dean of the Fer- was not consulted at all. kauf Graduate School and university dean for the Pursuant to the decision, Dean Komar made behavioral and social sciences. In January, 1978, Dr. plans to transfer some graduate faculty members in Arthur Komar was succeeded as dean of the Belfer mathematics to undergraduate mathematics teach- Graduate School of Science by Dr. David Finkel- ing, utilizing them to expand undergraduate com- stein, who left the University one year later to puter science courses. He expected that most of the accept a deanship elsewhere. Dr. Finkelstein's re- affected faculty members who wished to remain at sponsibilities were then assumed by Dr. Karen the University could do so, since he anticipated the Bacon. resignation of a number of senior faculty members who would seek graduate teaching positions at THE CASES OF THE THREE FACULTY MEMBERS other universities. The structural reorganization of Yeshiva University In January, 1978, Dean Komar was replaced by that had been announced by President Lamm was Dr. David Finkelstein. One of Dean Finkelstein's the subject of extensive discussions during the first acts, on January 19, was to remove Dr. Charles course of the 1977-78 academic year. Its effect on Patt, a tenured associate professor of mathematics, members of the faculty was that, with the excep- from his part-time administrative position as assis- tion of the professional schools, the academic tant dean of the Belfer Graduate School. Professor ACADEME August 1981 / 187 Patts affiliation with Yeshiva University was of order of seniority prescribed by the Yeshiva Uni- long standing. He did his undergraduate work versity regulations. At the same time, at the hear- there, received his Ph.D. from the University in ings which were held in September, 1978, the dean 1962, then served as a research associate for three stated that he thought it in the interests of the years and then was appointed as an assistant University to terminate the appointments of these professor. Tenure was granted in 1972, and he was particular tenured faculty members. According to promoted to associate professor in 1976. He had the tape recording of the hearings, the dean stated served on a part-time basis as an administrator in that Yeshiva University required individuals who the Belfer School from 1962 to 1970 as assistant to were more research-oriented than the terminated the dean and after that as assistant dean. Dean faculty. Finkelstein stated that it was his desire, for reasons The letters of notification were dated August 29, of efficiency, to discontinue using faculty members but the recipients were to be personally notified by for administrative tasks. Professor Patt's administra- Academic Vice President Blank, and difficulty in tive duties were assumed by someone who was not locating persons over the holiday period delayed a member of the faculty. the actual receipt of notice for several days. Consis- Dean Finkelstein also moved to reduce the num- tent with Yeshiva University policy, the faculty ber of faculty positions.