Chapel Hill faculty fear retaliation by BOG after law professor kept off UNC Press board
UNC-Chapel Hill faculty members say they are wary of political retaliation by the UNC System Board of Governors in light of law professor Eric Muller not being reappointed to the UNC Press board.
“As a matter of academic freedom and of UNC System policy, faculty members must be able to speak freely without fear of reprisal or retaliation,” the Faculty Executive Committee said in a statement Tuesday.
Members defended Muller, who has spoken out about issues of race and law within the system and at UNC-CH. They said they were dismayed about the move and the board’s failure to explain its rationale.
The faculty group met for a regularly scheduled meeting and discussed the system board’s failure to reappoint Muller to his leadership position on the UNC Press board. In the statement released Tuesday, the faculty group supported Muller, while also making clear this is bigger than him.
“In the absence of an explanation for this action, we are concerned that the failure to reappoint Eric Muller, an esteemed public scholar and thought leader, reflects disapproval of his public statements related to the University’s disposition of the confederate monument and other matters related to race,” the statement said.
‘Retaliated against’ by UNC System Board of Governors
Muller was not reappointed to the UNC Press Board of Governors, a decision made by the UNC System Board of Governors. The system BOG members are appointed by the Republican-controlled state legislature.
Muller has served on UNC Press’s governing board for more than a decade, including six years as chair. UNC Press is a premier academic publishing organization that’s independent of but partially funded by the UNC System. The UNC Press board unanimously nominated Muller for a third term on the board and re-elected him as chair.
However, at some point, his name was taken off the list by UNC System President Peter Hans.
Muller says he wasn’t reappointed because he’s been vocal about recent issues at UNC, particularly the system’s legal settlement with the Sons of Confederate Veterans over the Silent Sam Confederate monument at UNC-CH. He publicly questioned the legality of the settlement — which was overturned in court — and discussed whether the Silent Sam statue could be legally removed from campus.
“This is about members of the faculty of this university being retaliated against for their expression of their views in their areas of scholarship and research and expertise and teaching,” Muller said at faculty committee meeting Monday. Muller is a member of the committee.
“What does the university do when governing boards go after faculty members ... because they’re out talking about the things that it’s their job to study?” Muller said.
He also noted that it’s not inconsequential that the issues were related to race.
When asked last month about why Muller was not reappointed, UNC System officials sent earlier email correspondence between UNC Press Board of Governors Vice Chair Lisa Levenstein and Andrew Tripp, UNC System senior vice president and general counsel.
Tripp’s email addressed the question by describing the appointment process.
Tripp said the president receives and refers the nominations to the BOG, which decides whether or not to approve them.
“The president’s role is simply to forward nominations to the latter board,” Tripp wrote. “In this instance, the UNC Board of Governors acted on two of the pending nominations at its May meeting but has not yet reached the third.”
On Tuesday, UNC System spokesperson Jane Stancill said Hans initially forwarded the three names to the committee, per the UNC Press bylaws. But later, Hans formally submitted only the two names the board was prepared to approve in May. Muller’s name was no longer submitted.
UNC System officials have not answered questions about why Muller’s name was dropped. Hans, BOG member David Powers and Board of Governors Chairman Randy Ramsey have not responded to requests for comment.
A threat to academic freedom
Faculty members said in the statement that they expect decisions from UNC’s governing bodies to “reflect mutual respect and regard for academic freedom” at UNC Press and through the system. That includes being transparent about decisions so that affected faculty and others understand why decisions were made.
At Monday’s meeting, faculty members said this is a pattern of the board’s interference with campus issues that goes against academic freedom.
One professor referenced the recent controversy over journalist Nikole Hannah-Jones, who wasn’t immediately offered tenure despite overwhelming support from UNC-CH faculty. That decision was in the hands of the UNC-CH Board of Trustees, not the BOG. However, that controversy is mired in issues of race, law and history, plus a lack of transparency and explanation behind the decisions.
Professor Sue Estroff said the failure to reappoint Muller and not providing an explanation is an insult to Muller and to the faculty.
“It strikes at the heart of freedom of expression and freedom of thought on the campus,” Estroff said.
Professor Jennifer Larson said it’s dangerous that with this move the Board of Governors implied that university professors need to stay in their lane, which is the classroom.
Muller spoke out against a decision made by the board, and he was right, which probably made it worse, she said.
Muller’s voice, specifically in regard to the Silent Sam settlement, “advanced the interests of our state and community” in a valuable way, which is what professors should do, Larson said.
“We are here to serve the state with that knowledge, not just sit in a classroom and keep in it that tiny box,” Larson said.
The UNC Press Board of Governors meets for its regularly scheduled meeting Wednesday, where members will discuss what steps they should take.
The UNC System Board of Governors has committee meeting meetings Wednesday, and members meet as a full board Thursday.
Muller’s position on the UNC Press Board still hasn’t been filled, and it’s not on the system BOG’s agenda.
