Chronicle of Higher Education - web daily - October 30, 2002
California Appeals Court Backs Professor in Dispute Over His Demanding Approach to Teaching By SCOTT SMALLWOOD
A finance professor known for being hard on students has won a legal battle against California State University at Chico, which had demoted him because he wouldn't change his teaching style.
The professor, Suleman A. Moosa, drew attention five years ago when it became public that no students were enrolled in any of the four courses he was scheduled to teach. He was known for being demanding, grading severely, and having many of his students withdraw. The professor maintained that the low enrollment and low grades were the result of university policies and "the general lack of student preparedness for university-level work."
The dean of the College of Business requested a review of Mr. Moosa, as allowed for under the collective-bargaining agreement with the California Faculty Association. Two of the three professors assigned the task found Mr. Moosa to be a "knowledgeable and resourceful educator" and agreed that the low enrollments were caused by a lack of skills on the students' part.
But two months later, in February 1998, the dean told Mr. Moosa to develop an "improvement plan" that would deal with course material, grading, and testing procedures. The professor, arguing that the request violated the faculty union's contract, submitted a copy of the majority report from the peer review committee, which made no recommendations for improving his teaching performance.
He was then temporarily demoted to associate professor for failing to submit the improvement plan. After the professor lost an appeal to the State Personnel Board, he took the case to court.
In a decision published last week, the Third Appellate District of the California Court of Appeal, in Sacramento, ruled that the demand for an improvement plan was invalid and that Mr. Moosa should not be disciplined for disobeying it. The court found that the collective-bargaining agreement allows for reviews of tenured professors that include "suggestions for improvement," but not commands or orders. (The ruling is available online at the court's Web site.)
Colleen Bentley-Adler, a spokeswoman for the Cal State chancellor's office, said the university is planning to ask the State Supreme Court to review the case. "This is not an issue of academic freedom," she said. "It's a question of the university being able to take action to improve teaching for the benefit of our students. And this decision doesn't make sense."
Mr. Moosa did not return messages left for him by The Chronicle. His lawyer, Brendon Ishikawa, said he could not comment on the decision until it becomes final, in about two months.