Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Wednesday, August 1, 2007

Statement about Ave Maria developments

Below is a statement about the latest developments at Ave Maria School of Law.

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On behalf of a majority of the faculty of Ave Maria School of law, we write to express our profound sorrow regarding the deplorable treatment of tenured Professor Stephen J. Safranek at the hands of the administration of Ave Maria School of Law. Dean Bernard Dobranski has initiated the process to terminate Professor Safranek's tenure and the School has now suspended him without pay (as of September 15, 2007) during the termination process. We believe that it is critical to publicly disassociate ourselves from and condemn the administration's conduct.

The professed Mission of Ave Maria School of Law includes full adherence to Ex Corde Ecclesiae, which emphasizes respect for the dignity of every member of the academic community. In our view, the suspension and proposed termination of Professor Safranek does not adhere to this standard. Although we will not discuss the charges against Professor Safranek at this time, we will say that they are painfully thin.

Aside from the weakness of the charges against Professor Safranek, we are troubled by the disciplinary process that has led to the recent actions against him. The stated bases for these actions are a record of "findings" compiled by Dean Dobranski in connection with a series of alleged incidents for which Professor Safranek was ultimately "censured" or "reprimanded." In each instance, the Dean served as the sole arbiter regarding what acts constituted misconduct or "firing offenses" while repeatedly refusing to answer questions seeking clarification of his pronouncements. In nearly every instance, he or his at-will employees were the complainants or "victims" of Professor Safranek's alleged wrongdoing. The Dean served as the sole prosecutor, judge, and jury regarding whether vaguely defined offenses had occurred, usually refusing to even grant the "accused" any detailed information regarding the "charges" before conducting the "inquiry."

This flawed process has now culminated in the extraordinary action of suspending Professor Safranek without pay (as of September 15, 2007) through a vote of the "Executive Committee" of the School's Board. Although the suspension appears unjust in itself, the Dean's chosen procedures are absolutely lacking in even the veneer of fundamental fairness or due process norms. Indeed, the suspension occurred without deliberation by the full Board of Governors, without faculty consultation, without due process, and without any meaningful explanation as to why the circumstances satisfy the relevant standard of an "extraordinary" case. This abuse of this procedure has effectively stripped Professor Safranek, a husband and father of seven children, of the very security that tenure is supposed to afford faculty members at law schools approved by the American Bar Association.

In our view, these actions (and many others) reveal the extent to which this administration has betrayed the Law School's Mission. They further reveal how faculty members can expect to be treated at any law school created in Southwest Florida under the current administration and governing Board. Such a school is unlikely to respect the most basic elements of academic freedom and tenure,let alone dedicate itself to providing an integration of faith and reason designed to serve the Church and the broader community.

Notwithstanding this tragic turn of events, we remain committed to the service of our students and alumni, who provide the primary reason for the Law School's existence. For their sake, we intend to do everything that we can to renew the Law School's commitment to ABA Standards and, more importantly, to the teachings of the Catholic Church as envisioned in Ex Corde Ecclesiae.

We continue to ask for your prayers, your support, and your full participation in our efforts to heal our community and to return the Law School to the pursuit of its Mission.

Yours in Christ,

Richard S. Myers, Mollie A. Murphy, and Joseph L. Falvey, Jr.

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Richard M.

    

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