Bonine v. Grier

12/4/2009: This brief from UO law professor John Bonine to President Lariviere takes on UO General Counsel Melinda Grier and her claim that the faculty’s role in university governance is limited to student discipline and the curriculum. Quoting,

It is important that the University Senate, members of the ad hoc Internal Governance Committee, and individual faculty members understand the legal basis for and extent of the faculty’s role in university governance. The letter from the university president’s General Counsel mischaracterizes both. In this memorandum I shall explain its errors. …

Of even greater importance, the letter completely fails to cite the statutory grant of authority to the faculty that is contained in ORS 352.010. Following that failure, the letter asserts that the faculty’s authority “is not stated in detail” and “is not well-defined.” Combined, the letter gives an impression of the faculty’s role in governance that is quite misleading, as will be explained in the next sections of this memorandum. …

To an incorrect premise—that the statutory basis for the faculty’s authority is undefined while the president’s is plenary—the letter adds another premise without explanation or support. It asserts that “historically the faculty’s authority has been over the curriculum and the discipline of the students.”3 This limited view is also in error, as will be explained below. …

President Lariviere, it’s time to get a new General Counsel, and John Bonine should be on the hiring committee.

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