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A Grand Overview:
Sami Al-Arian and USF
There are many politically active professors, but few of them get fired.
There are many universities, but the University of South Florida was the
first to move towards firing a professor for a Sept. 11-related reason.
Professor Sami Al-Arian was suspended on September 27 after he appeared
on Fox TV's Bill O'Reilly Factor show, where he was accused of having
terrorist connections.
Subsequently, USF received 14 threats serious enough to investigate, as
well as a lot of negative mail and negative publicity.
On December 19, the Administration sent Al-Arian a letter of dismissal;
later the Administration said that Al-Arian wasn't fired so much as
subject to being fired.
While the Administration meditated on whether to fire or not to fire,
the controversy became a major news story, developing a plot line of
its own.
This page is a sort of site map for visitors wanting an overview of the
entire affair.
Here we outline the background and events in the controversy, with links
to other pages in the site for more detail).
We invite all visitors to explore the issues themselves.
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People
are more
than their principles.
--- Gary Liddiard
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The Issues
On December 19, 2001, the Board of Trustees voted to recommend dismissal,
and before sunset, the letter of dismissal was in the mail.
The dismissal was presented as a security issue, but also involving allegations
that Al-Arian had committed some technical violations of the contract, as well
as the disarmingly candid statement that some donors were upset.
But a summary dismissal, without giving Al-Arian any chance to defend himself,
in a political environment hostile to Al-Arian's political views (and academic
freedom in general) alarmed many defenders of due process and freedom of
speech.
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USF President Genshaft initially described the dismissal as a
security issue, saying that since there were many threats against
Al-Arian and USF, his presence on campus might attract dangerous opponents
who might strike at him and thus disrupt the university.
Meanwhile, USF Outside Counsel Thomas Gonzalez concentrated on
a variety of technical allegations.
For more on this, see the section on the
Recommendation to Dismiss.
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The two major organizations representing USF faculty have responded with a
number of statements on these issues.
They were concerned about academic freedom, about due process, and about
a university administration that would publicly knuckle under to threats.
For more on this, visit our page listing links to
important documents.
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The main objections to this move to dismiss Professor Al-Arian are:
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This is about freedom itself.
Professor Al-Arian got into trouble for saying unpopular things, and this
leads to the question: in America, should people get into trouble for
saying unpopular things?
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This is also about law and order.
When the government itself --- when an agency of the State of Florida ---
wilfully violates an individual's constitutional, contractual, and
due process rights, it sets a precedent that endangers all of us.
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This is about academic freedom.
Academic freedom is not just a special right of scholars to speak, it is
also a right of the public to hear what scholars have to say.
An attack on academic freedom is in fact at attack on the public interest.
Note that there is a distinction between freedom of expression,
which is for all people and in the USA is guaranteed by the First
Amendment, and academic freedom which is a traditional necessity
for scholars, and in protected primarily by contract law.
(There is no reason non-academics cannot win protection similar to
academic freedom: form a union and push for it!
There is ample justification for protection of employees from intolerant
employers.)
On Aug. 21, USF announced a new rationale, and a lawsuit against Al-Arian.
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The new rationale introduced in
President Genshaft's opening statement
was that Al-Arian had assisted terrorists, and therefore violated the
contract.
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The lawsuit stated that USF would like to fire Al-Arian, but that it is
worried about the consequences, specifically about an AAUP censure.
The lawsuit, which listed Al-Arian as the defendent, asked the court
to rule on whether the Notice of Termination violated Al-Arian's
First Amendment rights.
This new approach has several points.
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Most of the complaint is directed against alleged actions by Al-Arian,
and therefore does not directly attack Al-Arian's academic
freedom (and first amendment) rights.
Of course, there is the problem that unpopular people (even in academia)
are occasionally accused of all sorts of crimes during a hot controversy;
these accusations are often embellishments for a more basic complaint
about the beliefs of those unpopular people.
This is another reason why accusations are insufficient in law:
it is necessary to prove these accusations
(see again the
statement on due process).
UFF stands by its contention that the USF Administration must prove
its case for dismissal.
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Suing Al-Arian is an ominous step.
A powerful institution, with the resources of a state behind it, suing one
of its own employees, is displaying its fangs and claws for all to see.
Whatever the legality of the step, it is certainly intimidating, and will
have a chilling effect on any faculty in any American institution who
presume to say things that their administration or trustees might dislike.
It is not unprecedented for the powerful to use the courts as blunt
weapons (and alas, some courts have been too willing to let themselves
be so used), but a university should set higher standards than those of,
say, large conglomerates.
For more on the new approach, see the material on
the Aug. 21, 2002 announcement.
For major documents from UFF and friends, go to the page on
Major Postings.
Background: What Happened Before Sept. 11
Every controversy has a past, often one that is far more complex
and in far more shades of grey, blue, red, brown, etc, than
one might initially expect.
This controversy is no different.
But to understand a controversy, one must understand from whence
it came.
Here are several sections on the background of the dispute between Sami
Al-Arian and the Administration of the University of South Florida.
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Academic Freedom has ancient roots, but it has been formalized
only recently.
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Florida and USF make up the stage.
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This is Florida, after all.
Florida is a large state, with ancient rural settlements in the
north, glitzy development in the south (and center), and a
growing high-tech component.
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The Universities.
The most well-known institutions of higher education in Florida
are its public universities, long starved and now enduring
enormous political stresses imposed from outside.
Among other things, there is pressure on the contract that lies
at the heart of the dispute between Al Arian and the USF
Administration.
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The University of South Florida.
About four decades old, USF is one of the largest universities
in the United States.
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The Faculty of USF
have endured several administrative panics, often the result
of administrators submitting to outside pressures.
The faculty have developed organizations to protect themselves
and the university.
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And what has Al-Arian been doing at USF?
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A clash of academics.
After the Cold War ended, concerns about the Middle East and
about terrorism inspired predictions that the West would soon
face a confrontation with Islam.
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Israel and Palestine.
Once upon a time, America had romantic notions about Arabs and
sentimental notions about Israelis.
But the confrontation over the land has become a protracted
tragedy.
We take a close look at the organization Al-Arian is accused of
being associated with.
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A nail stands up.
Sami Al-Arian is of Palestinian ancestry; he was born in Kuwait;
he grew up in Egypt; he studied and later did research in
computer engineering in America.
He also was active in politics and involved in Islamic studies,
and this latter interest brought him to the (friendly at first)
attention of USF.
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The hammer descending.
In 1994 - 1995, Al-Arian's institute comes under the ferocious if
naive scrutiny of a celebrity reporter and one of the employees of
his institute turns out to be a leader of a terrorist organization.
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Reverberations.
After the events of 1995 - 1996, Al-Arian is put on leave, his
institute is shut down, and his brother-in-law placed in detention
based on shifting rationales and ultimately ``secret evidence.''
Al-Arian becomes active in the civil liberties movement.
The First Year: 2001 - 2002
The first year started with Professor Al Arian suspended on September
27 after he appeared on Fox TV's Bill O'Reilly Factor show, where he
was accused of having terrorist connections.
Subsequently, USF received 14 threats serious enough to investigate, as
well as a lot of negative mail and negative publicity.
On December 19, the Administration sent Al-Arian a letter of dismissal;
later the Administration said that Al-Arian wasn't fired so much as
subject to being fired.
The Faculty Senate refused to support the Administration, the United
Faculty of Florida opposed the Administration, the Student Government
supported the Administration, and off-campus reactions were similarly
mixed.
As the Administration spent Spring and Summer trying to work out what
to do, the American Association of University Professors investigated
while the United Faculty of Florida worked to defend the contract that
lay at the heart of the dispute between Al Arian and USF.
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Sept. 11, 2001 to Dec. 18, 2001.
It started in the aftermath of Sept. 11, when Al Arian was suspended,
USF received threats, and the the lines started being drawn.
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Dec. 19, 2001 to Jan. 31, 2002.
On December 19, 2001, the Board of Trustees (after thinking about
it for a while) recommended firing Al Arian, USF President firing
Al Arian, and then unfiring him after the dismissal resounded
around the world.
UFF had its first Faculty Freedom Forum.
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Feb. 1, 2002 - Mar. 19, 2002.
People grew more nervous as the consequences of Al Arian's dismissal
grew more stark and the AAUP visited.
UFF had its second Faculty Freedom Forum.
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Mar. 19, 2002 - June 10, 2002.
John Loftus sued Al Arian as customs agents raided one of Al Arian's
sponsors.
UFF had its third Faculty Freedom Forum.
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June 10, 2002 - Aug. 20, 2002.
Nothing much happens in Summer, until the university closes completely,
and ...
The Second Year: 2002 - 2003
This is the second year of the confrontation between the Administration
and Board of Trustees of the University of South Florida, and USF
Professor Sami Al Arian.
The year started when USF President Judy Genshaft and USF Board of
Trustees Chair Richard Beard held a press conference announcing that
USF was suing Professor Al Arian as a defensive measure against the
American Association of University Professors.
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Aug. 21, 2002 - Aug. 27, 2002.
USF President Genshaft says that USF is suing Al Arian to get a
``declaratory judgement'' on the constitionality of a proposed
Notice of Termination.
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Aug. 28, 2002 - Sept. 26, 2002.
The semester starts, and everyone picks up the controversy anew.
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Sept. 27, 2002 - Nov. 4, 2002.
The union gears up its campaign to defend the contract.
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Nov. 5 - Dec. 31, 2002.
USF's suit is dismissed as the USF Administration announces its
intention to ignore the contract.
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Jan. 1 - Feb. 19, 2003.
The contract expires, Al-Arian grieves, and there is a fight over
the new rules.
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Feb. 20 & 21, 2003.
Al-Arian is indicted ...
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Feb. 22 - Feb. 28, 2003.
... and fired.
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Mar. 1 - Mar. 19, 2003.
Then comes the cheers, jeers, recriminations, and the like.
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Mar. 20 - Mar. 28, 2003.
Reality sets in for both sides of the Al-Arian dispute, as the
union makes a decision about this site.
Recent News is on the Current Events Page
As of Mar. 29, news coverage is no longer comprehensive, but just
covers major developments.
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