THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Wednesday, October 11, 1995 TAG: 9510110646
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY PHILIP WALZER, STAFF WRITER
LENGTH: Medium: 51 lines
A judge Tuesday threw out a faculty suit challenging James Madison University's proposal earlier this year to close the physics department.
Administrators have since abandoned the plan, but both sides said the judge's ruling may finally help ease the tension that has plagued the university since the proposal was made in January.
Rockingham County Circuit Court Judge John E. Wetsel Jr. rejected the contention of the faculty group that administrators broke their contract with professors by not consulting them before announcing that the department would be closed.
``The crew may be displeased with the captain,'' he wrote in his ruling, ``but that displeasure does not give rise to a right of action cognizable in the Commonwealth.''
Wetsel noted that although the faculty handbook says professors have ``the primary role'' in crafting the curriculum, it also says the president has ``the final authority and responsibility.''
Both sides expressed hope that harmony would return to the campus.
President Ronald E. Carrier said in a statement: ``It is our hope that this matter is now closed, and all members of the administration and faculty can resume devoting their full attention to the important job of educating the 12,000 students at the university.''
Russ Smith, an associate professor of economics who leads the group, named Faculty for Responsible Change, said he was disappointed with the decision, ``but we are pleased with what the lawsuit has accomplished, even with this ruling.''
He said the suit helped change the administration's decision to close the department and possibly lay off up to 10 physics professors. ``We also believe the lawsuit has contributed to the administration's willingness to negotiate with the faculty team about a range of issues at JMU, issues which continue to divide the administration and the faculty,'' he said, declining to elaborate.
``We are hopeful that the administration will never again take action to change the curriculum without first consulting with its faculty,'' Smith said. He said the group hadn't decided whether to appeal the ruling.
Earlier this year, Carrier had said the physics department, with 10 professors and five graduates per year, was a drain on university resources. But last month, administrators said they were likely to keep the department, with a new focus to prepare graduates for entry-level jobs. That, they said, would attract more majors. by CNB