You can’t make this stuff up

7/29/2010: UO’s research expenditures are 63% of the nat’l public research U average. And our true spending priorities are revealed once more:

We’ve written once or twice before about how Charles Martinez can’t find time to do his job as UO’s Diversity Vice President. Because he’s got another job on the side, off campus at the Oregon Social Learning Center. So last month UO hired Martinez a “Strategic Communications Specialist” to help him out.

But he’s still not getting anything done. And now he’s got to manage this strategery person too. Solution? UO puts out an ad out for an OIED Executive Assistant with a simple job description: do Charles’s job for him:

Title: Executive Assistant to the Vice President for Institutional Equity and Diversity
Department: Office of the Vice President for Institutional Equity and Diversity
Reports to: Vice President for Institutional Equity and Diversity

… manages the daily operations of OIED, and assists in implementing the management and operational directives of the Vice President. The position regularly requires the ability to exercise independent judgment and a comprehensive knowledge of OIED, its programs and personnel, and the complex issues that accompany advancing diversity in a higher education environment. …

Qualifications:

* Tact, discretion, sensitivity, flexibility, patience, courtesy and the ability to maintain a calm demeanor when under pressure are required.
* Experience with the Microsoft Office Suite.

… The University of Oregon is an equal-opportunity, affirmative-action institution committed to cultural diversity and compliance with the Americans with Disabilities Act. 

 I like that affirmative-action institution bit. Charles has been Diversity head for 5 years now. UO has never had an open, public, Affirmative Action compliant search for this job. He gets reappointed on the sly every time. To top it off, last year they gave Charles tenure as a professor: no job announcement, no open search. 

But, you want to be his Executive Assistant and spend your day doing his job for him, for a third of his pay? For you, the University of Oregon will follow all the hiring laws.

Tact, discretion …

Have a public search for the Diversity VP job – a nutty idea?

6/3/2010: Martinez makes a lot of his Hispanic background. But he doesn’t speak Spanish.
5/31/2010: See update below on OIED hiring issues, details on this later.
5/25/2010: See update below on NIH grants. Almost unbelievable, but all from report.nih.gov.
5/23/2010: See update below on Associate Professor / tenure. 
5/20/2010: Here are a few of the problems with current Vice President for Diversity Charles Martinez:

  • No Affirmative Action search for his diversity job: He was appointed as an interim inside hire, and after 5 years UO still has not had an open, public search that followed the standard affirmative action rules. This is an obvious violation of UO’s AA hiring rules. Given that his job is VP for Diversity, it’s also hilarious.
  • No Affirmative Action for his 2009 Associate Professor in the College of Education position either. From what we can tell Provost Bean and Russ Tomlin simply created a new tenured associate professor position out of nothing, just for Martinez. If there was any advertisement, search or any other attempt to follow UO’s AA hiring rules, it’s well hidden.
  • Overcommitment with UO and NIH: He has a 0.75 time appointment at UO. He’s got another 0.65 time job off campus at OSLC. This violates UO’s conflict of commitment rules, common sense, and the law of addition. While supposedly working 0.75 time as UO’s VP for diversity he been the Principal Investigator on $5.3 million in NIH grants, run through OSLC. This means UO does not get the ICC money for these grants, and Martinez can double dip on his salary. During this time Martinez has apparently secured $0 in federal grants for OIED. This is why it’s called a “conflict of commitment.” Provost Bean gives him a special exemption from the rules. Then UO claims the documentation of this exemption is exempt from public disclosure. Right.
  • Tenure: Martinez has worked since 2005 as a non-tenure-track administrator. Last year UO put him up for tenure and made him an associate professor in the Education school, in violation of the UO tenure policies. Provost Bean then refused to show the Faculty Personnel Committee his letter, or even tell them that he had given Martinez tenure – out of embarrassment?
  • No written job description: Last week, 2 years after we asked the UO administration, Martinez did finally come up with a job description, and he even posted it on his web page. Thanks Dr. Martinez, this is step one in an open AA compliant search for your replacement.
  • Performance: Even given the hours he does spend at UO, Martinez has been remarkably ineffective at getting external funding or developing new programs to increase diversity. He’s had this job 5 years, and his contribution has been a series of “Diversity Action Plans” which have cost millions, sucked up huge amounts of faculty, staff, and OA time, and accomplished almost nothing.
  • Hiring problems at OIED: OIED is currently involved in three open searches. (Not for Martinez of course – at UO, open AA compliant searches are just for the little people.) We’ve heard about complaints and AA issues with the procedures for two of these searches.

Now that his longtime ally Melinda Grier bas been summarily fired, Martinez is suddenly,  understandably, and visibly nervous about keeping his $220,000 sweetheart deal. He should be. So he is trying to convince the local diversity groups that he is their only friend at UO, that UO is blocking his diversity efforts, and that his enemies are trying to fire him because they are racist nuts.

Very constructive strategy, Dr. Martinez. Actually, we’re trying to get you fired because we care about diversity, and you have wasted 5 years and millions of dollars while lining your own pockets. Let’s have a public job announcement and an affirmative action compliant open search, and see if you really are the best person to hold this important job. Does that idea scare you?

Martinez resigns as UO’s Vice President for Diversity …

5/21/2010: … any day now. Because when you have been a VP for 5 years and you are still wasting your colleagues’ time with desperate emails about how “transformative change has been seeded”, it’s just a matter of when, not if:

May 20, 2010

To: Deans and Directors

From: Charles Martinez, vice president, Institutional Equity and Diversity

Subject: 2010 Diversity Profile statistics show areas of growth

Since the adoption of the University of Oregon Diversity Plan in 2006, transformative change has been seeded and advanced by the efforts across our colleges, schools and administrative units. … 

Tenure problems, double dipping, no affirmative action for your VP job, no affirmative action for your Associate Professor job, years of wasted time, $220,000 a year to waste millions of dollars in state money and nothing to show for it after 5 years but 1,187 pages of plans. Go back to OSLC or the College of Education. This is an important job, stop wasting our time. Resign and let UO have an open affirmative action compliant search and find someone who can do things, not just push paper in circles.

More on Dr. Martinez’s highly unusual tenure case

5/18/2010: Is tenure at UO for faculty or for administrators? The Academic Affairs website says:

Only faculty members with regular appointments at half-time or more (.50 full-time equivalent or FTE) at the ranks of instructor, senior instructor, assistant professor, associate professor, or professor can be considered for tenure. 

We’ve now learned from official UO public records that Diversity Vice President Dr. Charles Martinez was given tenure in spring 2009, effective fall. He has held an 0.75 FTE officer of administration (OA) appointment since 2005. Going by the official records he did not have *any* appointment on the UO personnel list as instructor, senior instructor, assistant professor, associate professor, or professor at the time he was given tenure. Not even an “on leave” appointment. For that matter, given his 0.75 OA FTE, he could not have had the required 0.5 faculty FTE, even ignoring his 0.65 FTE off campus OSLC job. From what we can tell he last taught in 2005.

Look at the top of Dr. Martinez’s OA contract below, signed in 2009: It says Non-Tenure-Related and No Rank (emphasis added). Look at his other contracts, going back to 2005. Same. From what we can tell, Martinez’s last faculty appointment was in 2005, and it is not even clear if that appointment was tenure-track.

Academic Affairs VP Russ Tomlin and Provost Jim Bean have some more explaining to do. We have heard, however, that they have ditched their plan to promote him to full professor this spring, but only after some pressure.

Update: Diversity VP Charles Martinez – another verbal agreement.

5/18/2010 update: After a 2 year delay Dr. Martinez has now written up a description of his job duties, and he’s even posted it online. Now we just need to get President Lariviere to post it on the UO jobs site, and UO can have an open Affirmative Action compliant search for the position of Vice President for Diversity. Thanks Charles!

5/5/2010: UO does have a document showing how much we pay Diversity VP Charles Martinez, but there is no written contract spelling out what job duties he must perform in return for his pay (and his very unusual $23,306 annual stipend – which he takes as extra income.)

I asked Melinda Grier / Doug Park for his job description back in September. See below. I’ve now been told that UO is finally writing one. After the Bellotti scandal, a lot of things need to get cleaned up. Or maybe swept under the rug. Apparently his new written contract will ignore his double dipping off campus at OSLC, and will not require an open affirmative action compliant search for his position.

That’s right, at UO you can be the 0.75 time Vice President for Diversity also while holding a second 0.625 time job off campus, and without ever going through a public AA compliant open search. No affirmative action search for the Diversity Vice President. Before this, Martinez was the Diversity Vice Provost. No AA search then either. Before that, Martinez was the Interim Diversity Vice Provost. No AA search then either. Never.

And they will not even write out the job description, list the requirements for the position, or spell out the job duties. How about criteria for performance evaluations? You joker you. Looks like Martinez’s take is about $220,000 a year. Where do I sign up for these deals? Oh, wait, they’re verbal! I get it, bummer.

President Lariviere said about the Bellotti scandal: “This institution did not follow acceptable business practices in the past. That will not be repeated under my administration.” It seemed like he was serious. Any guesses on what will happen with Martinez?
 
No UO job description:

From: “General Counsel” gcounsel@uoregon.edu
Date: Sep 28, 2009 2:49:22 PDT
To: X
Subject: RE: public records request, Martinez exemption letter

Dear Professor X:

The only public records we have been able to locate that are responsive to your request for documents “describing OIED VP Charles Martinez’s current job responsibilities” may be found at http://oied.uoregon.edu/staff/dr-charles-martinez-jr.  The University is waiving the costs associated with responding to this public records request.

Sincerely,

University of Oregon
Office of the General Counsel

UO $ appointment:



Second OSLC Job:


Give this man more UO money to waste:

5/13/2010: As you can imagine, Charles Martinez’s 0.65 time job off campus at OSLC doesn’t leave him a lot of time to do his 0.75 time job as UO’s Vice President for Diversity. This is why UO has never produced a written job description or had a public AA search – might raise too many questions about what we’re getting for the $140,000 we pay to top off his $82,000 from OSLC, or whether this arrangement is legal.

But that’s old news. Now apparently Martinez has been complaining to President Lariviere about being overworked. So UO has agreed to hire him yet another helper – I think this makes 5? What is your budget now Charles? What do you actually do? When?

From UO’s jobs website:

Strategic Communications Specialist, Institutional Equity and Diversity

The Strategic Communications Specialist has major responsibility in planning and implementing strategic communications for the Office of Institutional Equity and Diversity, providing specialized knowledge in methods of communication to diverse audiences. In order to strategically tell the story of diversity on campus on behalf of OIED, this position works in cooperation with the Office of Communications and with leaders in OIED to shape and implement strategic messaging priorities for the university, specifically for OIED. This position requires the exercise of independent judgment and the ability to support and provide expertise to the office as well as receive general supervision from the Vice President for Institutional Equity and Diversity and his designated staff.

This position is the lead marketing and communication strategist for the Office of Institutional Equity and Diversity and is responsible for providing resources and materials that aid in facilitating community relations and corporate and private giving as related to the Office of Institutional Equity and Diversity.

This position obtains cost estimates and advises on expenses for suggested projects and commitments related to communications efforts. There is no budgeting authority. The position reports directly to the Vice President for Institutional Equity and Diversity.

Level of Appointment: .5 F.T.E.

Term of Contract: This position is funded for one year with renewal contingent upon availability of funds.

Salary Range: $26-32K Commensurate with relevant experience and education. ($52-64K full time annual equivalent)

Starting Date: May 24, 2010

More Bloat 2

4/29/2010: Diversity Vice President Charles Martinez is paid $146,537 by UO for his 0.75 FTE appointment at UO. (The stipend is really just extra salary, paid from a fund that was set up to compensate faculty for administrative work. The administration has been using these instead as a device to boost their own pay).

This would logically give Martinez 10 hours a week left over for outside work. But the IRS reports he actually works 25 hours off campus at OSLC:

The OSLC pay comes from federal grants, and if these were run through UO, Martinez would not be allowed to double dip like this. UO’s rules allow 1 day in 7 for outside work. Even adjusting for the 3/4 time appointment he’s way over. When he was hired by John Moseley in 2005, Moseley gave him a verbal promise the rule would not be enforced for him. Jim Bean apparently put that in writing last year. (Bean also put Martinez up for tenure, in a highly unusual last minute move, and then refused to show the faculty committee his letter explaining his decision.)

Given all this outside work – 25 hours a week – you might wonder how Martinez gets his job as UO Vice President done. He’s not on campus much. Try to set up a meeting, and he will want to meet at OSLC, or in a nearby coffee shop. He’s notorious for foisting all his duties off on his assistants.

Now Lariviere is letting him hire a new “Strategic Communications Specialist” to do more of his work for him. Amazing. Another $52,000-64,000 FTE, 0.5 time position.

At least they’re doing an affirmative action search. Now when are you going to do one for Martinez, President Lariviere? Are you sure the legal advice you got on his double-dipping and AA compliance – from Melinda Grier – was solid?

Have you found anyone on campus – other than Jim Bean and Charles Martinez – who thinks Charles Martinez is the best we can do as Vice President for Diversity? Regardless of what they think, shouldn’t we have an open, national, affirmative action compliant search for this position? Or at least a job description? Apparently Doug Park and Melinda Grier couldn’t find a written contract for Charles Martinez either:

From: “General Counsel”
Date: Sep 28, 2009 2:49:22 PDT
To: Professor X
Subject: RE: public records request, Martinez exemption letter

Dear Professor X:

The only public records we have been able to locate that are responsive to your request for documents “describing OIED VP Charles Martinez’s current job responsibilities” may be found at http://oied.uoregon.edu/staff/dr-charles-martinez-jr.  The University is waiving the costs associated with responding to this public records request.

Sincerely,

University of Oregon
Office of the General Counsel

Frank Stahl’s Senate motions for Today

Update: The Senate passed a revised version of motion 12a on a unanimous voice vote today. Frank diplomatically withdrew motion 12b, allowing the admin to maintain the cherished fiction that their efforts to hide tenure decisions had nothing to do with VP Martinez.

1/13/2010: Frank’s Senate motions are needed to codify what was once a collegial procedure where the faculty in the form of the FPC gave advice to the Provost on who should get tenure and why, and the Provost in turn explained his final decisions to the faculty who had advised him. As near as we can tell – and some of this is speculation – this process worked fine until last year, when Provost James (Jim) Bean decided he wanted to give tenure to OIED Vice Provost Charles Martinez for shady administrative reasons. We’ve tried to find out details on this – like when Charles was actually put on a tenure track – but Melinda is trying to charge us to see the paperwork.

Jim really, really didn’t want to have to tell the FPC what he was doing. So he put Charles up for tenure at the last minute and then changed the rules on the FPC, and that’s why we are all wasting our time on this. Thanks Jim – and thanks to Frank for working to fix this nonsense!

Dear Senators,

             In the interest of expediting discussion of motions 12A 
and B at the 13 January meeting, here is a brief description of the 
need for the Motions.

     Our University enjoys a generally good procedure for deciding 
matters of promotion and tenure. Committees at Department and College 
levels collect and evaluate documentation of each Candidate’s record 
of research, teaching, and service, and forward recommendations to the 
Chair or the Dean, respectively. These materials, along with the 
recommendations of the Chair and Dean are forwarded to the FPC, whose 
job is to evaluate the materials and make recommendations to the 
Provost.

    The Provost reaches decisions based on his/her evaluation of the 
documents and the recommendations of the FPC, and then composes 
decision letters for delivery to the Candidates. For decades, until 
this past year, these letters were shared with the FPC Chair. This 
sharing provided assurance that the Provost was making decisions in 
the best interests of the University’s academic program.

    Decisions that compromise those interests could arise under several 
conditions. For instance, a Provost could grant tenure on the grounds 
that a candidate fills certain University needs that are unrelated to 
the academic program. Or a Provost could deny tenure on the grounds 
that the candidate, although bright and productive, might project an 
unfavorable image to the public. Or simple budgetary problems could 
lead a Provost to cut the work force by denying tenure.

            The sharing of letters with the FPC Chair provides the 
historically sanctified route for protecting the University from such 
problematic actions. It also recognizes the hard work and sacrifice 
made by members of the FPC, one of the most demanding of the 
University Committees.

Respectfully,

Franklin W. Stahl

Molecular Biology

Provost Bean agrees to meet with faculty about lack of transparency in tenure and promotion decisions

12/23/2009: We’ll post what we learn:

From: “James Bean”
Date: December 23, 2009 7:56:54 AM PST
@uoregon.edu>

Subject: RE: FPC and the Provost

This is a classic example of email as a poor medium for disucussion.  I will be happy to meet with whatever members of the faculty wish to discuss this topic.  The amount of misinformation being tossed around here is amazing.  Until that meeting happens, please have a happy holiday.

Regards, Jim

This is in regard to 2 motions Frank Stahl has put forward to the Senate, regarding Provost Bean’s refusal to share information about his final tenure and promotion decisions with the Faculty Personnel Committee faculty members who advise him on those decisions. Yup, you can’t let the faculty know who gets tenure – and you certainly can’t tell them why!

US09/10-12A

THE MOTION: With respect to procedures for promotion and/or tenure, the Senate directs the Provost as follows: At the time that candidates for promotion and/or tenure receive notice of the Provost’s decision, the Provost shall notify the Faculty Personnel Committee of actions taken with respect to their recommendations.
US09/10-12B

MOVED: The Provost shall deliver copies of the 2009 Tenure and Promotion decision letters to the Chair of the 2008-09 FPC. The 2008-09 Chair of the FPC is requested to add an amendment to her annual report to indicate whether the Provost’s letters disagree with the FPC recommendations and, if so, in what manner and in how many cases.

State Legislator’s Guide to College Access

12/21/2009: Here’s an interesting report on what states and universities can do to “improve college access and success for underrepresented students.” UO’s plan – dump $2 million a year on Charles Martinez and his do nothing Office of Institutional Equity and Diversity so they can prepare reports on plans – does not make their shortlist:

NCSL’s The Path to a Degree: A Legislator’s Guide to College Access and Success contains six briefs written for state legislators that provide an overview of key issues, discuss research findings, and offer examples of specific state action that can improve college access and success for underrepresented students.

The brief on college planning strategies highlights efforts by states such as Delaware, Kentucky and Washington. Policies in California, Colorado and Texas regarding high school standards, graduation requirements, and college-ready assessments are examined in the brief on college and workforce readiness. Indiana, Massachusetts and Oklahoma are featured in the brief on financial aid strategies to improve college affordability. And in the brief on college success strategies, Arkansas, Illinois and South Carolina are highlighted as states supporting evidence-based college success programs at their higher education institutions.

Job Announcement

11/18/2009: UO is running an open search for a new Vice Provost for International Affairs. So far as we can tell, this is the second time we have had an open public search for a senior administrator in about 4 years. First Brad Shelton, now this. Of the current crop, we believe that Provost Jim Bean, VP Michael Redding, AD Mike Bellotti, Football Coach Chip Kelly, and most notoriously Diversity VP Charles Martinez were all hired and or promoted without following the regular Affirmative Action compliant open search process. President Lariviere is not an exception. His hiring did follow AA rules – but he was hired by OUS, not UO.

Who has Tenure?

11/11/2009: We reported earlier on Provost Bean’s refusal to tell the FPC committee chair who had been given tenure or see the letters he wrote justifying his decisions. We assumed that Bean’s unprecedented attempt to keep information on who had been given tenure from falling into the hands of UO’s tenured faculty was due to his desire to hide the fact that he had given tenure to Diversity VP Charles Martinez, despite the FPC’s recommendation. (An assumption. We know nothing about their recommendation.)

It now turns out that Bean has procured a memo from Academic Affairs VP Russ Tomlin, saying that it is illegal for Bean to share the tenure and promotion letters with the committee. I’m no lawyer (really!) but this is nonsense – and as such has Melinda Grier’s fingerprints all over it. Right Russ?

Obviously the FPC is authorized to view confidential personnel information – that’s their job. So why the attempt at secrecy? We suspect it is because Bean plans to put Martinez up for promotion to full professor this year. That’s right, a year after giving him tenure. Martinez hasn’t taught a course in 5 years and works 3/4 time at a private group off campus (OSLC) but is technically still on the books in the Ed School. Why promote him to full professor? Why promote him to vice president without an affirmative action search? The guy has done nothing of substance in 5 years. Oh, wait, I’m beginning to understand why Bean thinks “He is the best Diversity VP I have ever seen…”

Actually, we’re not really sure that he will go up for full. Melinda Grier has the information, but she will not share it with faculty – unless we pay her:

Dear Professor X:

The University of Oregon has received your public records request for a copy of any “email, memo, etc.” stating if or when Vice President Charles Martinez will be put up for promotion to full professor. The University is now providing an estimate of the cost to respond to your request.

The University estimates the actual cost of providing the information responsive to your request to be Eighty-Three Dollars and Eighty-Three Cents ($83.83). Upon receipt of a check made payable to the University of Oregon in the amount of $83.83 the University will proceed to locate and provide the information you have requested that is not exempt from disclosure.

I like the way Melinda feels the need to spell out the “Eighty-Three Dollars and Eighty-Three Cents ($83.83)”. That will learn them damn faculty.

Tenure and Promotion

10/29/2009: Curious about who got tenure or was promoted to full professor at UO last year? So are the members of the UO’s Faculty Personnel Committee. According to their official report,
That’s right, Provost Bean refuses to say who has been given tenure and promoted. He won’t even tell the faculty who advise him on the cases. I have never heard of this happening at a university before. Never. The report from the 2007-8 FPC (when Brady was Provost) says:

The FPC chair inspected all decision letters sent by the provost. This is a critical step that should always be practiced soon after they are sent.

The UO administration’s contempt for the faculty is just stunning. Lariviere needs to pay some attention to these issues.

Promotion

10/8/2009: We’ve heard that Provost Bean has decided to reduce the weight given to research and teaching and boost the importance of administrative service in considering promotions to full professor. Another rumor is that Diversity VP Charles Martinez – given tenure last year – will be promoted to full professor this year. Please pass on any additional info on these topics, using anonymous comments. (We cannot tell the source of anon comments and if you request in the comment we will use the information but not post it.)