1.   Effective September 1, 1965, the University of Massachusetts Trustees appointed Freda Salzman, wife of George Salzman, to the UMB Faculty in a dual appointment with her husband. She was appointed to a 3/4-time associate professorship, he to a full-time professorship. Both were appointed to the Department of Physics.

      Freda Salzman's appointment was renewed as of September 1, 1996, and September 1, 1967. On June 10, 1968, the Department of Physics recommended renewal of the appointment for 1969-1970. Chancellor John W. Ryan rejected the recommendation and notified Freda Salzman of her non-reappointment on August 31, 1968. The non-reappointment notice said, "University policy quite clearly prohibits the contemporaneous appointment, within the same department, of close relatives.

      After repeated unsuccessful efforts to have the appointment renewed, the Department notified Freda Salzman on February 19, 1970, that it intended to bring the matter to the Tenure and Grievance Committee. It did so on March 16, 1970. Freda Salzman petitioned the TGC on April 17, 1970, and George Salzman on May 30, 1970. Each of the petitioners presented fully documented accounts of the matter and arguments supporting a variety of complaints.

      On April 26, 1970, TGC accepted Freda Salzman's petition, constituted itself a Board of Appeals under its procedures, and subsequently recognized its de facto consideration of George Salzman's petition in conjunction with Freda Salzman's. In its deliberations TGC accorded the Department of Physics petition supplemental but not formal status. TGC elicited Administrative responses to Freda Salzman's complaints on May 26,1970, and June 22, 1970, and otherwise investigated the matter in accordance with TGC procedures. TGC considered the case at 12 meetings--on April 16, April 27, May 11, June 4, June 9, September 28, October 5, October 15, October 21, October 29, November 13, and November 19. After carefully reviewing the petitioners' complaints, the Administrative responses, the voluminous history of the case, and Trustee and University policies and procedures, TGC finds as follows:

2.      FINDING ONE. Chancellor John W. Ryan's letter of non-reappointment dated August 31, 1968, gave "University policy" as the reason for the non-reappointment. But because Trustee policy on dual appointments had not changed since the initial appointment, this non-reappointment notice constituted an unwarranted abrogation of the Trustee action in making the appointment.

FINDING TWO. What Chancellor Ryan cited as "University policy" in his letter of non-reappointment was in effect his own more rigorous interpretation of Trustee policy.*[See TGC note at end.] This interpretation he applied ex post facto and thereby further altered the conditions of initial appointment.

FINDING THREE. Trustee policy requires a "full, fair, informed, and impartial" consideration in personnel matters. The abrogation of the Trustee action on the initial appointment in turn violated the Trustee policy as to fairness.

FINDING FOUR. The Department of Physics recommendation that Freda Salzman be reappointed was rejected on inappropriate grounds. The Department of Physics has every reason, therefore, to insist that its recommendation be accepted.

      RECOMMENDATION. TGC recommends that Freda Salzman be reappointed to her faculty position as part-time associate professor as soon as possible.

      3. The bearing of these findings upon the other two petitions received by TGC is obvious enough. Since the commitments made by the University to the Salzmans involved a dual appointment, it follows that the decision not to re-appoint Freda Salzman on the grounds specified in Chancellor Ryan's non-reappointment letter infringed upon George Salzman's rights. Similarly, as far as the Department's strong recommendation to re-appoint Freda Salzman is a serious departure from the principle of departmental autonomy and from the procedural norms and practices designed to respect and uphold such autonomy.

* TGC notes as a matter of historical interest that the "more rigorous interpretation" of "University policy" cited in FINDING TWO is an independent and arbitrary Administrative action which repudiates without consultation and without either communication or acknowledgment the UMB Faculty Senate's unanimous recommendation on personnel policy in "Employment of Relatives."

                          Gordon Zahn, Professor of Sociology and Chairman of TGC

                          Alfonso Azpeitia, Professor of Mathematics

                          Max Bluestone, Professor of English

                          John Freeberg, Associate Professor of Biology

                          Lowell Schwartz, Associate Professor of Chemistry

                          Adornia Walia, Assistant Professor of Spanish

                          Frederick Willey, Associate Professor of English and Secretary of TGC

(Until they were appointed to the chairmanships of their departments Professors Thomas Brown and Gerald Volpe participated in the discussion of the petition from Mrs. Salzman.)