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IN THE MATTER OF THE GRIEVANCE ARBITRATION BETWEEN UNITED FACULTY AND ARBITRATION STATE OF IOWA REPORT BOARD OF REGENTS UNIVERSITY OF NORTHERN IOWA Ruth M. Weatherly J.D., MBA Arbitrator April 5, 2012 Re: Dr. Gordon Klein PERE # 12-6A-045 Appearances State of Towa, Board of For United Faculty! and Regents, UNI: Dr. Gordon Klein: Jordan Esbrook, Attorney aura Folkerts, Attorney Assistant Attorney General Dutton, Brawn, Staack & Towa Department of Justice Hellman Hoover Building 2° floor 3151 Brockway Rd. Des Moines, Towa 50319 Waterloo, Towa 50701 Jordan esbrook@ic ts1@wlool gow Jurisdiction The State of Iowa, Board of Regents, (University of Northern Iowa) and the UNI-United Faculty are parties to a Master Agreement (“Agreement”) effective from July 1, 2009 through June 30, 2011.7 Under that Agreement, applicable to this proceeding, United Faculty is the bargaining ' Hereinafter “Faculty ? Hereinafter “University” 5 Exhibit RRL representative for certain faculty members‘ at the University of Northern Iowa (hereinafter “UNI” or “University.”) On December 23, 2011 the parties notified the undersigned of selection to hear this matter, At the hearing on February 9, 2012, in Cedar Falls, Towa, the parties agreed that this matter is arbitrable, properly before the Arbitrator, and not affected by any procedural issues. Neither the UNT nor United Faculty sought witness subpoenas, nor access to witnesses other than those who appeared. A transcript was produced and provided to both parties and the Arbitrator. The parties agreed to not sequester witnesses; the following were individually sworn and testified: For the State, For United Faculty and Board of Regents, UNI: Dr. Klein Dr. Gloria Gibson Dr. Gordon Klein Dr. Arthur Cox Dr. Betty DeBerg Dr. Virginia Arthur Dr. Cathy DeSoto Dr. Farzad Moussavi Dr. Allen Rappaport Dr. Andrew Frank Thompson The parties had the opportunity to fully present testimony and evidence in support of their cases, and to cross examine one another’s witnesses. Counsel filed post-hearing briefs; those briefs were received and the matter deemed fully submitted on March 2, 2012. At the hearing, the parties agreed to April 6, 2012 as the due date for this Report. The Issues The parties agreed in advance of the hearing that the issues are:° 1. Whether Dr. Gordon Klein's term appointment was terminated for reasons which violate his academic freedom. 4s set forth in PERB certification 12/3/1976 (Cases 590 & 603), modified on 10/27/1978 (Case 1252) and 3/28/1983 (Case 2125) 2 Vicki L, Newgard, VanWyngarden & Abrahamson © Exhibit 22-1 Whether the decision to terminate Dr. Klein’s term appointment was made in a manner which fails to comport with established University procedures Whether the decision to terminate Dr. Gordon Klein was made for reasons which are clearly inappropriate or clearly without a basis in fact Whether the decision to terminate Dr. Gordon Klein’s term appointment was made despite his reasonable expectations that he would be continued in the position for the 2011-2012 academic year If Dr. Klein was terminated in violation of the Master Agreement, what is the appropriate remedy? Background The parties stipulated to the following:” qe Dr. Gordon Klein was employed as an Assistant Professor in the Department of Finance at the University of Northern Iowa from August 1, 2008 to August 2, 2011. Dr. Klein was hired into a tenure-track position at UNI. Dr. Klein was not continued in a tenure track position as of the end of the 2010-2011 academic year and Provost Gibson notified him that he would receive a terminal appointment for the 2011-2012 academic year. His Professional Assessment Committee and Department head, Dr. Art Cox, determined that his research and teaching were not of sufficient quality to earn tenure. Dr. Klein did not grieve his removal from the tenure~ track position. Dr. Klein cancelled class on February 25, 2011; March 11, 2011; and March 21, 2011. Dr. Klein was terminated from employment at UNI as of August 2, 2011 via letter from Dean Farzad Moussavi. Dr. Klein did timely grieve his dismissal from employment under the Master Agreement, alleging that the following sections had been violated with respect to his termination: 11.22, 11.23, 11.24, and 11.25. Dr. Klein timely appealed to the Executive Vice President and Provost and an Article 11 hearing was held. ” Exhibit 22-2