The Univ. did not follow the rules, so he won.
On Wed, Oct 30, 2002 at 12:19:55PM -0500, Doug Henwood wrote:
> [Hey Michael Perelman, you know this guy? Don't your students drop
> your class when you tell them they have to read a book?]
>
> 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.
>
-- Michael Perelman Economics Department California State University Chico, CA 95929
Tel. 530-898-5321 E-Mail michael at ecst.csuchico.edu