KUER Local News
(2002-11-20)
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A federal judge ruled today that the continuing saga of suspended professor Sami Al-Arian will be heard in federal court. The judge ruled against the school's motion to have the case heard in a state court.
New Rules May Define Academic Freedom
University of South Florida officials had hoped to have a state judge determine whether firing the associate professor Sami Al-Arian would violate his First Amendment rights.
Instead, US District Court Judge Susan Bucklew has scheduled a hearing on a motion to dismiss the case. The hearing is set for Dec. 6.
Meanwhile, the university's board of trustees is poised to pass new rules that would narrow the definition of academic freedom. That could make it easier to fire faculty members. Some professors are protesting those moves.
Robert McKee is Al-Arian's attorney. He has argued the case should be heard in federal court. That's because the lawsuit involves federal First Amendment rights and a federal criminal offense of aiding terrorism.
MCKEE: Obviously, we wanted the issue resolved in federal court since the university has a raised a question about Dr. Al-Arian's Constitutional rights. So, in that regard, we're happy that the federal judge has decided to keep the case and resolve it, rather than send in back to state court.
McKee says he believes federal judges are better equipped to handle Constitutional questions.
MCKEE: We would assume that the people who sit on the federal bench are better schooled in federal Constitutional law, and are therefore better equipped to handle that type of an issue. That's why it was our choice to remove it to federal court, and we're happy that it's going to remain there.
Bucklew will question attorneys from both sides. She is not expected to issue a ruling from the bench.
Al-Arian is under fire because of threats he received after appearing on a television talk show in the wake of the Sept. 11 terrorist attacks. Trustees suspended him with pay after saying his behavior was a threat to the university's students and staff.
Michael Reich is a spokesman for the university. He believes the school will prevail no matter where the case is heard.
REICH: We think the federal judges are just as qualified as the state judges to address the questions. We'll argue the merits of what we're intending to do and hope to get the declaratory judgment that we're seeking.
Also, the university's board of trustees is set to vote on a new set of rules that some professors believe could undermine their rights of academic freedom.
Trustees will vote on the rules Thursday at the university's Lakeland campus. One of those rules would change the definition of misconduct. It would include disciplining any faculty members who engaged in "improper" conduct on or off campus.
Sherman Dorn is an associate professor at the university.
DORN: The universities could fire anyone, at anytime, almost under any pretext.
Reich says that's not true. He maintains the school's policy won't change much if trustees pass the new rules.
REICH: That's a very unfair characterization. Academic freedom, as defined in the rules, is exactly what academic freedom is in the collective bargaining agreement.
Roy Weatherford is a professor and president of the USF faculty union. He blasted the new rules as a way to undercut the contract between the union and the university.
WEATHERFORD: It is an arbitrary, unilateral set of rules that in places conflict with the collective bargaining agreement and weaken faculty rights. They are doing this on an emergency basis, in a remote location, with no faculty scheduled to speak until after the vote has been taken.
The changes are coming into effect because, on Jan. 7, the university's employees will come under direct control of the board of trustees. That's the same day the new Board of Governors is supposed to be established in Tallahassee. That move, approved by voters in November, complicates the picture of which board has the power to negotiate a new contract with the union.
Weatherford says the union has asked for a ruling on that issue from the state Public Employee Relations Committee.
In the meantime, Weatherford says the university has refused to bargain a new contract with the faculty union, which has advocated for the faculty for 25 years.
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