Posted June 2, 1999

A Meeting of the Faculty-at-Large

University of Southern California School of Medicine
4-6 PM Tuesday April 13, 1999
Doheny Vision Research Center Auditorium

1.  Introductory Remarks.

Medical Faculty Assembly President Kaslow called the meeting to order and offered some introductory remarks. He began by noting that at the last meeting of the Faculty-at-Large he had suggested that the personal responsibility of faculty is not limited to teaching, research, or the delivery of clinical care, but extends to governance. He had urged faculty to participate in governance, and the administration to embrace that participation. He expressed his support of the idea that nothing was more important or more rewarding than participation in governance to help preserve the School.

President Kaslow noted that, by working together, faculty and administrators of the School of Medicine have brought about progress in the School towards an increased role for democratic faculty input into the governance of the School. For example:

  • The department-specific listservers now enable both the MFA and the Office for Faculty Affairs to inform faculty of important events in a timely manner, and the MFA Web site is reasonably up-to-date due to the substantive efforts of MFA Secretary Stellwagen. President Kaslow summarized the organization of the MFA web page.
  • The Office for Faculty Affairs has identified space for archiving the files of the Medical Faculty Assembly and will help ensure that faculty have ready and reliable access to those files.
  • The Joint Task Force for Governance met for the first time, and is ready to consider suggestions to improve governance.
  • In preliminary discussions, the Senior Associate Dean for Educational Affairs indicated his support for timely implementation of a new provision in the new governance document which calls for the appointment of representatives to the Educational Policy Committee to "normally be in accord with the recommendation of departmental faculty." This committee constitutes the governance mechanism for faculty to debate and approve proposals regarding curriculum revision.
  • Of particular note to President Kaslow was the response of Dean Ryan to a formal recommendation of the MFA: the Dean has provided the Faculty with a consolidated budget document, thus setting the stage for a dialog regarding budget issues.
    • However, President Kaslow noted that recent events at the level of the University jeopardize all this progress at the level of the School. Two such events are:
  • The Administration has posted on-line a document labeled "Faculty Handbook 1998" that contains text never considered or approved by the Academic Senate.
  • The Administration has issued altered contract documents to some but not all tenured faculty that threaten the economic security of those faculty.
    • Why do these events threaten the progress we have accomplished at the School? President Kaslow read from a statement from the MFA Executive Board to the LCME accreditation team when the team visited the School in November 1997:
    "The economic security of tenure ensures for faculty their academic freedom not only as it relates to scholarship, but also to university governance. If the economic security heretofore provided to faculty by the faculty contract is lost, then academic freedom as it relates to both scholarship and university governance may die at this University."
    President Kaslow stated we should not underestimate the magnitude of the challenges facing us. He noted that the April 19, 1996 HSC Weekly reported that, in a meeting with administrators, "[President] Sample set a chilling tone for the meeting in his remarks by pointing out that the USC School of Medicine had been in dire straits before -- and closed down each time, only to rise again." President Kaslow suggested that President Sample likely made that remark because he viewed the challenges facing the School of Medicine as critical. President Kaslow said that we must find ways to communicate that the challenges facing the School of Medicine are not the concerns of just the School, but are the concerns of the entire University.

    President Kaslow then asked, "How should faculty respond to these events?" He suggested that faculty should do what they can to cause the University to be honorably governed by its governance documents, and to work to improve those documents. Faculty could:

  • First, fully participate in all internal governance mechanisms available to faculty.
  • Second, communicate the truth, the whole truth, and nothing but the truth to outside accreditation agencies and, when appropriate, at conferences and meetings addressing these issues.
  • Third, if no other venue is available, be willing to do the same in court.
    • President Kaslow said that whatever faculty do, internally or externally, it must be to help the University serve its purpose. Faculty must be willing to share at the appropriate time their ideas, goals, and actions to improve the University. If they do not, then they risk violating the principle that the faculty is a community of scholars in a university whose purpose is the free search for truth and its free exposition.

    President Kaslow then ended his remarks by noting that national conferences may increasingly become an effective venue for effecting positive change. For example, a conference is scheduled in Boston from May 20 to May 23, entitled: "Academic Values in the Transformation of American Medicine: Universities and the Academic Health Center." The conference is sponsored jointly by the Josiah Macy, Jr. Foundation, TIAA-CREF, the AAUP Academic Freedom Fund, and the University of Massachusetts Medical School. CME credits are available. President Kaslow has been invited to speak regarding events at USC. President Kaslow then yielded the floor to Dr. Henry Slucki, Department of Psychiatry. Dr. Slucki stated that the AAUP Chapter at USC would pay the costs of President Kaslow's and Dr. Slucki's attendance at the Boston conference. Dr. Slucki also stated that efforts are underway to have USC removed from the AAUP censure list now that the issue which led to USC being put on the list has been resolved.

    President Kaslow then gave the floor to Dean Ryan, for his introductory remarks.

    Dean of the School of Medicine Stephen Ryan stated that the School continues to make great progress due to the efforts of its faculty and students. He noted that there are several ongoing issues and problems, including the unresolved County contract. However, he indicated that USC School of Medicine is doing well and is in better shape than some other medical schools. Dean Ryan referred to the accreditation site visit of 1997 and the recent AMA visit to the School, which he felt had gone well. He thanked the students and faculty for their efforts.

    President Kaslow turned the floor over to President-elect Loren Laine to make a report from the MFA Nominating Committee.

    Nominating Committee Report. Dr. Laine reported that the Nominating Committee had arrived at a slate of nominees for MFA officers and board members. He also encouraged the MFA representatives to suggest additional nominees before the election in June if they wished. The slate proposed by the Nominating Committee is as follows:

  • President -elect:   Harvey Kaslow
  • Secretary:   Peter Heseltine
  • Treasurer:   Jerry Gates
  • Board Members-at-large:   Dennis O'Leary, Rebecca Sokol, Kathryn Challoner
    • 2.  Issues Related to Education. 3.  Issues Related to Governance and Finance.
      Task Force Regarding Governance. Dr. Kaslow reported that the Task Force has been formed but issues suddenly arising regarding the Faculty Contact and the Faculty Handbook have diverted faculty effort away from using the Task Force to revise and improve governance documents.

      Budget Documents. In response to MFA Recommendation 1998-99-002 , the Dean has provided MFA Treasurer Jerry Gates a consolidated budget document for the School of Medicine for fiscal year 1998. Treasurer Gates noted that the format of the document resulted in part from input from the Finance Committee. Dr. Gates briefly reviewed the various items in the budget document.

      Medical School Tuition. Medical student Kenneth Carson, a Co-President of ASSM, presented a student perspective on tuition increases at USC. He stated that the tuition at the School of Medicine has increased relative to other private medical schools over the last several years, so that USC's tuition currently ranks fifth among these schools. As a result, USC medical students are graduating with debt loads that seriously affects, and indeed may limit, their career and life choices. The problem is made worse by the fact that the amount of financial aid available to USC students is less than at many other comparable medical schools. The students believe tuition increases should be decreased in order to return USC to a position near the average of private medical schools, rather than near the top.

      President Kaslow pointed out that a new tax on tuition income from the Provost will only worsen the situation. Dean Ryan commented that he understands the students' concerns, and has made a proposal to the Provost regarding the tuition tax and increase.

      The Faculty Handbook. President Kaslow reported on the insertion of a new section into the Handbook without Senate approval that asserts that changes in University Bylaws would overrule the Handbook. The Academic Senate is considering this issue.
       

    4.  Issues Related to Clinical Care
    Dr. Peter Heseltine reported on the status of negotiations regarding the CPSA. Since a contract was not agreed to by April 1, USC sent many faculty members a letter indicating that funds may not be available to continue their salaries after July 1. Among the issues presented by Dr. Heseltine was a proposal by Mark Finucane of Los Angeles County to change a County ordinance to make reaching an agreement easier. Dr. Heseltine indicated that many details remain to be resolved regarding the contract. Dr. Heseltine also mentioned that FEMA funding may be lost if progress on the replacement hospital is not made soon. He urged faculty to exert pressure on their political representatives regarding the hospital replacement and the CPSA. Dr. Heseltine suggested that USC might benefit from professional assistance in negotiating the CPSA. He stressed the importance that the faculty be kept fully informed of the contents of the proposed contract before it is approved. The discussion which followed Dr. Heseltine's presentation included discussion of the upcoming vote on unionization of county physicians and the lab consolidation issue.
    5.  Faculty Status and the Faculty Contract
    President Kaslow then raised the issue of the Faculty Contract. He first emphasized relevant text from the Faculty Handbook:
    "Contracts shall be issued to all academic personnel, full-time or part-time, by the appropriate University officer. These contracts shall specify academic rank and title, salary, tenure status, and duration for all appointments and Tenure Decision Date (where appropriate). Any other conditions or limitations of employment also shall be given. The Provost shall issue annual contracts to all tenured and tenure-track full-time faculty. Vice-presidents or deans shall issue contracts to all other faculty giving the title, salary, and terms of the appointment. No full-time or part-time employee is considered to have faculty status unless the President or appropriate vice-president or dean has signed a written contract for that employee specifying a faculty title. "Whenever possible, contracts shall be issued and delivered to all continuing faculty by May 1. Faculty members shall sign and return their annual salary contracts to the Provost's Office no later than the start of the contract period (normally the beginning of the academic or fiscal year) if they agree to the terms of the contract.


    President Kaslow pointed out that the above text makes clear that the Faculty Contract:
     

  • Is important (it is required in order to have faculty status).
  • Is to be issued well before the beginning of the academic year (if possible by May 1).
  • Must be complete (other conditions or limitations also shall be given).
  • Is the responsibility of the Provost with regards to tenured and tenure-track full-time faculty.
    •


    President Kaslow then pointed out that the contract itself states:
     

  • The University agrees that this contract shall be renewed annually
  • Faculty member and University agree that this contract may be altered, amended, or changed only by a written agreement between the faculty member and the University.
    •


    Despite these provisions, President Kaslow noted that the Provost has in the past either not issued contract documents to tenured faculty in the School of Medicine, or issued them late and altered; for example the documents just issued in March 1999 to tenured faculty are for the 1998-99 academic year, and contain new text in Exhibit A meant to make the University no longer obligated to pay the tenured faculty member's salary if funds external to the University were absent. This action prompted President Kaslow to correspond with the Provost. President Kaslow reviewed the correspondence, which indicates that the Provost:
     

  • Provided administrators in the School of Medicine with the guidance that faculty contracts should be issued and should be accurate in using standard contract terms (like 'external funding' and 'USC funding.').
  • Believed that the School had prepared all individual contracts based on the best information available.
  • Was well aware of alterations in the contract documents.
  • Had no additional documents related to policies and procedures regarding issuance of contracts to provide to the faculty.
    •


    President Kaslow then noted that many tenured faculty were not reassured by the correspondence that the Provost was fulfilling his responsibilities as stated in the Faculty Handbook and Faculty Contract. These concerns are increased by other actions of the Provost:
     

  • Regarding renewal of contracts, in 1996, the Provost wrote tenured faculty in the Institute of Safety and Systems Management that, "ISSM will no longer require the services of full-time faculty beyond the 1996-97 year. Under the circumstances, I am writing to let you know that the contracts of all tenured ISSM faculty who have not received appointments to other schools or departments in the university will not be renewed....."
  • Regarding the language in Exhibit A, the Provost testified in 1996 that, "although I have not signed a contract myself, I was aware of what was in the contract. And the contract indeed says that the contract supersedes any other documents." President Kaslow suggested that this testimony suggests the Provost believes that if a faculty member were to sign the just-issued contract documents, as requested by some department chairs, the signed contract would supersede previous contracts obligating the University to pay the salary of the faculty member. In addition, faculty are being requested to sign contract documents although the Provost himself may not have signed a contract.
    •


    President Kaslow concluded by stating that many faculty find the actions of the Provost troubling.

    Dr. Laine stated that the Administration appears to be asserting that tenure at USC does not provide economic security. He asked Dean Ryan how long the University has considered salaries of faculty derived from funds such as the CPSA to be external and not guaranteed. Dean Ryan indicated that there has been no substantive policy change in this regard despite how we may change language and form of faculty contracts.

    Dr. Heseltine asked what might happen in a case where the County contract overall was maintained but the County mandated closing of a small unit having tenured faculty members within it. Dean Ryan replied that he understood related contract and tenure issues were being discussed by the University Academic Senate. He indicated that in situations like the one proposed, he would consult widely with other leaders of the School and University before acting. He pointed out that in previous examples of terminating a unit (such as in the merging of Anatomy and Cell Biology with Pharmacology, and the elimination of the Department of Medical Education), the School had honored tenure with another position. He stated that he believed people of good will could find a way to work these things out. Dr. Heseltine stated that, despite these examples, many faculty fear that the Administration would not honor tenure if the County contract were not renewed. Dean Ryan said he recognized that faculty have these concerns, but he again stated his belief that a solution to the problem would be found. Senior Associate Dean Bernstein then added that there have been several instances where tenured faculty have lost funding in the past, and department chairs and her office have worked successfully to find new support for those faculty.
    Dr. Gates asked what can be done about financial problems that will result from the tuition tax that sends funds to the Provost. Dean Ryan stressed it is important for all in the School to make the case to the University that the overall status and financial health of USC is tied to the financial health of the School of Medicine.


    Submitted by: Robert H. Stellwagen, MFA Secretary. Edited by: Harvey Kaslow, MFA President.