By Christian Trujano and Mauricio La Plante
The California Faculty Association filed an unfair practice charge against the California State University in December, according to documents filed with the Public Employment Relations Board.
The charge alleges that San Jose State administration attempted to interfere with efforts by the California Faculty Association to address concerns about SJSU’s retention, tenure and promotion process.
The California Faculty Association alleged that SJSU Senior Associate Vice President for University Personnel Joanne Wright obstructed faculty members’ right to share their grievances before the SJSU Academic Senate.
The San Jose chapter of the California Faculty Association filed grievances in June 2019 for nine SJSU faculty members denied tenure or promotion, seven of whom were women of color.
According to the California Higher Education Employer-Employee Relations Act, it is unlawful for employers to interfere with employees’ rights to share grievances.
On Sept. 4, 2019 the Anti-Racism Social Justice Transformation organization of the California Faculty Association sent a confidential memo to the Academic Senate, detailing grievances about the seven women of color denied tenure or promotion.
In order to decide whether the information in the confidential memo merited an investigation, the SJSU Academic Senate Executive Committee referred the memo to the Professional Standards Committee of the Academic Senate on Sept. 15, 2019.
The unfair practice charge alleges that Wright called California Faculty Association Field Representative Oscar Santillano about the association’s communications with the Academic Senate.
Wright allegedly accused the California Faculty Association of avoiding the grievance process in the collective bargaining agreement by sending the confidential memo to the Academic Senate, according to the charge documents.
Santillano disputed Wright’s alleged claim of circumvention, according to the charge documents.
In a memo to the Academic Senate on Oct. 18, 2019, Wright allegedly urged the senate to close its investigation of the matters raised in the Sept. 4, 2019 memo.
She allegedly wrote that the Academic Senate and Professional Standards Committee do not have jurisdiction to investigate complaints about “contractual violations,” according to the charge document.
The memo from Wright read: “Would you kindly let the CFA Faculty Rights representative know that attempting to resolve grievances concerning the 2018-19 RTP process and/or complaints of discrimination via a method other than that prescribed by the [Collective Bargaining Agreement] violates Article 10 which was bargained for in good faith by CFA and the CSU?”
She went on to say in the memo, “I ask that all attempts to circumvent the Article 10 grievance process cease immediately.”
The document said Wright’s alleged memo has discouraged participation by SJSU faculty members and the association in the affairs
of the Academic Senate.
“[Joanne Wright’s] action is chilling and is interfering in union activities. Further, her intrusion into the Academic Senate is truly inappropriate given the power and platform she already enjoys in her management role,” according to a statement from the California Faculty Association posted on its website Wednesday afternoon.
“I am one of the seven women of color affected by the gendered and racialized outcomes of the tenure and promotion process,” said Sang Hea Kil, justice studies associate professor and co-chair of the Anti-Racism and Social Justice Transformation organization, in a Wednesday news release. “After we submitted our letter to the Academic Senate, I received a form from HR implying that I could not organize with other women in my same position as a group and could only make an individual claim of racial injustice in regard to the tenure/promotion process we experienced.”
Marilyn Easter, co-founder of the social justice organization, alleged in the Sept. 4, 2019 memo that SJSU President Mary Papazian had violated university policy when she denied the nine faculty members tenure and promotion, emphasizing the disproportionate denials against women of color.
When faculty members go up for tenure or promotion, they have to put together dossiers that demonstrate their work in three areas: teaching, committee service and research which includes published work, according to university policy.
Faculty members then go through evaluations by committees at the department, college, dean and university levels.
The university-level committee then makes a positive or negative vote and makes recommendations to the provost, who makes one last round of recommendations to Papazian, who makes the final decision.
Wright, SJSU Provost Vincent Del Casino and SJSU Academic Senate Chair Ravisha Mathur did not respond to numerous requests from the Spartan Daily for comment.
In a statement to the Spartan Daily, Christine Hutchins, senior associate vice president for strategic communication and marketing responded to these allegations saying: “San Jose State University respects the right of faculty members to appeal tenure and other RTP denials, as well as the faculty union’s rights under the [Collective Bargaining Agreement], and the university strongly disagrees it has interfered with any such rights.”
Hutchins continued with saying: “In regards to the promotion process, as previously covered by the Spartan Daily, SJSU has created a task force dedicated to providing more resources, including workshops and mentoring, and enhancing support for all faculty members who pursue professional growth.”
