Utah lawmakers question payouts to tenured professors flagged in state audit

Some of Utah's public colleges and universities have paid tenured professors to leave instead of using the formal discipline process, according to a state audit heard in the Legislature's Education Interim Committee on Oct. 21. ^[1]

In one case, a professor repeatedly used a university purchasing card for personal expenses and then received a $175,000 separation payment, the audit says. In another, a professor whose repeated hostility toward colleagues led to a ban from certain campus buildings was paid a semester's salary and a $34,000 lump sum to leave. ^[1]

The Salt Lake Tribune reported that the purchasing card case happened at Weber State University. Weber State told the Tribune it does not comment on personnel issues but said the audit was "valuable to review the accountability procedures in place for tenured faculty" and that it plans to act on the recommendations. ^[2]

Administrators at several schools told auditors they use separation agreements because the discipline process for tenured faculty is long and legally risky. The audit says separation agreements "may in some cases be an appropriate personnel tool" but that it is concerned about their use for professors who broke laws or policies. "In these cases, institutions spend public funds to avoid disciplinary processes already established in law and institutional policy," the audit says. ^[1]

Lawmakers questioned the payments during a discussion of the audit last week, the Tribune reported. "If someone broke the law, why can't we just fire them?" asked House Speaker Mike Schultz, R-Hooper. Senate Minority Leader Luz Escamilla, D-Salt Lake City, called the Weber State payment a "ridiculous" and "disturbing" use of taxpayer funds. ^[2]

The audit recommends the Legislature consider whether the minimum due process for removing tenured faculty in state law is excessive, and whether schools should be allowed to adopt policies that go beyond it. It also recommends that the Utah Board of Higher Education change the role of department chairs, who often review their own colleagues. ^[1]

Auditors examined materials from 666 performance reviews of tenured faculty and found cases in which documented teaching problems did not lead to corrective action. ^[1]

The audit says tenure "serves important purposes" in Utah's higher education system, including supporting academic freedom and helping schools attract and keep qualified faculty. ^[1]