A former philosophy professor filed suit against the University in federal court late last semester accusing administrators of breaking a 1982 promise to grant him tenure during the 1987-88 academic year. Plaintiff Izchak Miller, who spent over four years unsuccessfully appealing his tenure denial through University channels, also claims in his suit that Provost Michael Aiken limited his chances of gaining tenure on appeal. University General Counsel Shelley Green said last night she "is not going to discuss any specific allegations" of the suit, and Assistant to the Provost Linda Koons said Aiken will not discuss any personnel matters. The November 27 suit demands that the University name Miller a tenured associate professor of philosophy retroactive to September 1989, and pay him more than two years' worth of back wages and benefits. University General Counsel Shelley Green said yesterday that the University has not yet decided how it will respond to the complaint, but added that "the University is prepared to defend this vigorously." In his complaint, Miller claims he was hired as an assistant professor of philosophy in 1982 with the understanding that he would receive tenure after a tenure review during the 1987-88 academic year, assuming he demonstrated "intellectual leadership." Pointing to a three-year reappointment in 1985 and an above average salary increase the next year, Miller contends the University must have had ample evidence of his "scholarly accomplishments and valuable contributions to the University community." But Miller says he was informed by the philosophy department in December 1986 -- several months after the reappointment and raise -- that he would not receive tenure. The complaint argues that the tenure denial constitutes a breach of a promise he said the University made in 1982. It also claims Miller's achievements demonstrated intellectual leadership, both in research and in teaching. "The department claimed his research and his work was not particularly relevant at the time," Sheldon Tabb, Miller's lawyer, said recently. "Then they ran an ad looking for a person doing the same kind of thing." The suit alleges that Aiken, who was then dean of the School of Arts and Sciences, hindered Miller's appeal first by refusing to review the philosophy department's decision. Miller alleges in the complaint that Aiken refused to examine the decision to see whether any information had "either been overlooked or inappropriately evaluated," as SAS policies and procedures mandate. Following what he describes as Aiken's "refusal to address the issue," Miller took his case to a faculty grievance panel. In February 1990, the panel ruled that Miller had legitimate grounds for an appeal and ordered a personnel committee to make a final decision on the tenure bid. But the suit claims that Aiken, by then the University's provost, again attempted to hinder the appeal when he barred the personnel committee from examining documents the grievance panel considered in its determination. Citing Aiken's actions on the two occasions, the suit complains Aiken was "then able to insure that the members of the Personnel Committee would not endorse a promotion of [Miller] to tenured rank." The suit is one of two recent cases involving a University professor's tenure dispute to reach federal court. Former Veterinary School professor Ann Jeglum is suing the University for denying her tenure because of what she claims is sexual discrimination. Tabb said he expects the University to respond to the Miller suit next month.
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