THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Thursday, May 4, 1995 TAG: 9505040413
SECTION: LOCAL PAGE: B5 EDITION: FINAL
SOURCE: ASSOCIATED PRESS
DATELINE: HARRISONBURG LENGTH: Medium: 54 lines
A group of James Madison University faculty members has sued the university's governing board, saying the faculty was excluded from decisions on how to best run the school.
The suit, filed Tuesday in Rockingham County Circuit Court, claims the board violated its contract with the faculty by its actions on Jan. 13.
On that day school administrators announced the merging of two colleges and the elimination of the physics department and 10 physics positions as part of a major academic overhaul.
The restructuring, mandated by the state to save money, touched off widespread discontent among faculty members and some student groups.
The suit, filed by a group called the Faculty for Responsible Change, asked the court to rescind the actions.
The group has about 150 active supporters within the JMU faculty, said Russ Smith, a JMU associate professor of economics and president of the organization. James Madison has about 680 faculty members.
A statement issued by the faculty group said that the administration and the board of visitors did not honor their agreement to follow established procedures in academic decision making.
``Indeed, the decisions of January 13th were taken in direct violation of key provisions of the JMU Faculty Handbook.'' The handbook is a supplement to the faculty's employment contract.
``We deeply regret that legal action is our only remaining option,'' the statement said. ``However, the decision announced on the 13th threatens the academic integrity of the university and raises issues which go to the very heart of what a university ought to be.
``We know that hasty and ill-conceived academic decisions can destroy a school more absolutely than any budget cut.''
Fred Hilton, a spokesman for JMU, said, ``We certainly disagree with their contentions. We don't think there's any merit to this suit.''
The JMU faculty has the ```primary role' in connection with the development, modification and review of the curriculum,'' though the school's president has final authority on the curriculum, according to the suit.
The Faculty Senate, which represents the faculty, is a group ``from which the president is to receive the faculty's recommendations on curriculum, academic and other university policy matters,'' according to the suit.
But the decisions leading to the Jan. 13 announcement - made by a special committee of administrators - was not made with any recommendations from the faculty or faculty leaders, thus violating their contract, according to the suit. by CNB