Tenure Dismissal Case

THE TENURE DISMISSAL CASE

In the spring of 2001, the Board of Regents of the University of Wisconsin System announced
the termination of a tenured faculty member at the University of Wisconsin-Superior. The
Board of Regents overruled the findings of the local campus's Affirmative Action Committee,
its Faculty Terminations Committee, and the Board of Regents' own Personnel Matters Review
Committee. TAUWP believes this is a critical case, and that if the dismissal is upheld, such will
signal the virtual elimination of tenure and shared governance in the University of Wisconsin
System.

Background
Articles on the Tenure Dismissal Case in the Superior Daily Telegram
(May 1999 to the Present)
The AAUP's Recommended Institutional Regulations on Academic Freedom and Tenure
Statutes of the State of Wisconsin: Chapter 227 (Administrative Procedure and Review)
Statutes of the State of Wisconsin: Chapter 36 (University of Wisconsin System)
UW System Administrative Code

Accusation, Acquittal, and Termination
TAUWP's Chronology of the Tenure Dismissal Case, through Summer 2001
Report of the UW-Superior Committee on Faculty Terminations
TAUWP's Analysis of the CFT Report
UW-Superior Chancellor Erlenbach's Appeal to UW System President Lyall
Board of Regents, Personnel Matters Review Committee Report (March, 2001)
Board of Regents, Personnel Matters Review Committee Report (May, 2001)
Board of Regents, Personnel Matters Review Committee Report (June, 2001)
The Board of Regents's Termination of Professor John Marder

The Regents' use of Inapplicable Case Law to Eviscerate Tenure
The Gay-Bashing Precedent: Safransky v. the State Personnel Board
Gudlin v the Civil Commission: Origins of the Safransky Standard

Appeal of Dismissal (2001-2006)
Appellant's Complaint, submitted to Douglas County Circuit Court
Marder attorney Aaron Halstead's Notice and Brief of Motion To Take Testimony
Asst. Attorney General Lattis's Brief Opposing Deposition of Regents
Halstead's Reply Brief to Lattis
UW-Madison Committee on Academic Freedom and Rights' Notice, and Brief in
Support, of Motion to Intervene
UW-Madison Professor Donald A. Downs's Affadavit in Support of Motion to Intervene
UW-Madison Committee on Academic Freedom and Rights' Complaint in Intervention
AG's Response to Complaint in Intervention and to Halstead's Reply Brief
Intervenors' Reply Brief to AG's Response
Intervenors' Additional Response to AG (10/30/02)
AG's Reply (10/31/02)
Intervenors' Rejoinder (11/11/02)
Judge Eaton's Denial of UW-Madison Committee's Standing
Judge Eaton Declares Marder v. the BOR a "Contested" Case
Transcript of Eaton's Teleconference with Halstead and Lattis
Marder's Brief Regarding Form of Order Implementing Eaton's Decision
AG's Brief Opposing Reinstatement of Marder and Discovery Proceedings
Reply Brief Requesting either Reinstatement of Marder or Discovery Proceedings
Judge Eaton Remands case to BOR and Denies Right to Discovery
Court of Appeals Decision, Mandating Fact-Finding by the Circuit Court
Judge O'Brien Orders Disclosure of May and June 2001 PMRC Recommendations
Oral Arguments Before the Supreme Court: Audio Recording (September 2005)
Supreme Court Remands case to Circuit Court (November 2005)
Judge Eaton Permits Discovery (October 2006)

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