In a statement that appears in full on page 3 of today's Gazette, Downey says that Kumar's offences, "though inexcusable and warranting a severe penalty, did not, I felt, justify dismissal."
The charges are that Kumar "sexually harassed and sexually assaulted an undergraduate student" during a field trip to India last year, "failed to take adequate measures on a field trip to provide the help and protection that the students required" during the trip, disobeyed the dean's instructions about "how the field trip was represented and whether or not University credits would be granted", and "committed unwanted touching of other participants". The sexual harassment is described as the most serious offence.
Section VII of Policy 53 allows the dean to make a recommendation for dismissal, which is then considered by the president. "I was satisfied that Professor Kumar posed no threat of further behaviour of this sort towards students," Downey writes, and he imposed a lesser penalty.
It's the first time a faculty dismissal case has been dealt with under the Policy.
The case involving sociology professor Ken Westhues can hardly be described at less than epic length, but Roman Dubinski, chair of the UW association's own AF&T committee, does his best in five pages of text. He notes that what began as a disagreement about a graduate student's oral examination, and continued with discipline against Westhues, ended in a report from the UW faculty grievance committee, which was unable to get everybody to agree on procedures for hearings. A CAUT fact-finding committee visited Waterloo last winter. During the summer, says Dubinski, UW officials suggested mediation to settle the remaining issues in the case, but the idea collapsed. He says:
The formal procedures of Policy 63 have absolutely failed in this case. The substance of Westhues's grievance against severe sanctions imposed by his Chair depriving him of his right to carry out the normal duties of a faculty member -- a matter of great significance to all faculty -- was not considered by the Grievance Committee because it could not get past purely procedural issues.
Chris Redmond
Information
and Public Affairs, University of Waterloo
(519) 888-4567 ext. 3004
credmond@watserv1.uwaterloo.ca