USF trustees worked for firing

USF's president hasn't decided on professor Sami Al-Arian's future, but the case raises questions about the new board of trustees' authority.

By BABITA PERSAUD, Times Staff Writer
© St. Petersburg Times
published January 19, 2002

TAMPA -- Members of the new board of trustees at the University of South Florida worked behind the scenes for months before voting to dismiss USF professor Sami Al-Arian, according to records.

Trustee Steve G. Burton, a USF graduate and Tampa lawyer, asked school officials in October to hire an outside attorney to determine whether there were legal grounds to fire Al-Arian, a tenured professor alleged to have links to Middle Eastern terrorists, according to correspondence between top USF administrators.

And trustee chairman Richard "Dick" Beard III, a real estate adviser, spoke to the FBI about Al-Arian, the subject of federal investigations in 1994.

Beard, who said Friday the FBI wouldn't tell him anything, also spoke with USF interim general counsel R.B. Friedlander and with Tom Gonzalez, the outside lawyer hired at Burton's request.

At a meeting Dec. 19, the board recommended 12-1 that USF president Judy Genshaft fire Al-Arian. Genshaft has not made a decision.

The episode raises concerns about the new board's impact on academic freedom.

Gov. Jeb Bush assembled independent boards of trustees last year to oversee the operations of the state's 11 universities. Just where their authority lies, particularly on personnel and other matters that might be considered meddling, has not been tested.

Genshaft, who works for the board, said Friday she welcomed the input from board members and did not feel pressured by their recommendation.

"The board has been very helpful and supportive and they have respected my decisions as the leader," she said.

Genshaft, who has informed Al-Arian that he faces dismissal, plans to meet with groups of faculty, staff, students and members of the community before deciding.

"I'm really seeking a lot of input," she said. "This is a very tough decision."

The 11 boards of trustees replaced the state Board of Regents that oversaw the entire state university system for decades. Most of the trustees appointed by Bush last year come from a corporate background, rather than academia.

USF, for example, has only one academic on its board, H. Patrick Swygert, a resident of Washington, D.C., and the president of Howard University. Swygert was the only trustee to vote against the recommendation to fire Al-Arian.

The current movement to fire Al-Arian began with his appearance on the Fox News show The O'Reilly Factor on Sept. 26. Al-Arian was grilled about his ties to Ramadan Abdulah Shallah, whom Al-Arian brought to USF in early 1990 and who later resurfaced as the head of Palestinian Islamic Jihad, a terrorist organization.

Bill O'Reilly was incredulous at Al-Arian's insistence he had no ties to terrorists, and said he thought Al-Arian should be followed by federal authorities.

After the show, Genshaft received a deluge of mail, and the university fielded death threats. As late as Nov. 13, Genshaft was telling angry callers she had no basis for disciplinary action.

The board of trustees, meanwhile, had already set things in motion, the correspondence among administrators shows.

On Oct. 4, trustee Burton met with Friedlander, the university's interim general counsel, and asked her to seek outside counsel. "That is how I think because I am a practicing lawyer and I asked her to find out from our employment lawyer what the law is," Burton said.

Genshaft said she had considered hiring outside council before Burton took the initiative.

Tom Gonzalez was hired Oct. 31. His purpose was outlined in a contract: "Provide research for possible liability of terminating a tenured faculty member for public statement made of a controversial nature."

Beard, the board's chairman, said he became involved because, "I've been interested in this all along." He met once with FBI, had conversations with Friedlander and two meetings with Gonzalez in Gonzalez's office.

"He wanted to know some of the parameters of the legal things I was going into," Gonzalez said.

Gonzalez has worked with USF on employment issues since 1976. His consultations are usually with the president and general council. The trustees' involvement, he said, was not surprising.

"It was the first high-profile issue for the board of trustees," Gonzalez said.

At the regular board of trustees meeting Dec. 6, Burton asked for an update on Gonzalez's progress. On Dec. 19, with the campus in recess, students and faculty gone, an emergency board meeting was called by Beard.

"I did tell chairman Beard that this is a time when there wouldn't be any faculty or staff around," Genshaft said. "I did inform him of that, and he knew it because he was at graduation, but he indicated that this was a very important report and it was important to hold a board meeting and to get an update on the Al-Arian situation.

"I wish the timing could have been better, but moving forward is something the board wanted to do," Genshaft said.

The report said Al-Arian could be fired for contractual reasons because he violated his collective bargaining agreement, Gonzalez said, and because he appeared on campus when told not to. He also misrepresented himself when presenting unpopular views off-campus, putting the university at risk, the report said. His actions also affected monetary donations to the university.

A motion to fire was made by trustee Rhea Law, also a lawyer, and seconded by Burton, urging: "Dr. Genshaft that she take actions to terminate Dr. Al-Arian as quickly as university processes will allow."

Genshaft appeared flustered after the 12-1 vote. She refused to answer questions from reporters and retreated to her office, where she sought advice from faculty, deans and alumni.

She called Bush and Florida Education Secretary Jim Horne.

Several hours later, she announced her intention to fire Al-Arian, who was not allowed to address the trustees because he had been banned from campus several weeks earlier.

On Monday, Al-Arian announced he would fight the charges through a union grievance process if Genshaft confirms the firing. He could also sue the school.

In the meantime, he has requested a special meeting with the board of trustees to plead his case. Beard said he will not respond to Al-Arian's request.

"We've already made our recommendation," Beard said. "We've done all we are going to do with it."

- Times staff writers Barry Klein and Stephen Hegarty contributed to this report.

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