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JOHNSON CITY, Tenn. (WJHL) — East Tennessee State University has launched a process to fire one of two tenured professors placed on leave over social media posts about Charlie Kirk, while the other professor has decided to retire.
Responding to a Monday inquiry from News Channel 11 about the exact nature of Andrew Herrmann and Russell Brown’s status, an ETSU spokesperson confirmed Thursday morning that Herrmann has announced he’ll retire.
“One of the two professors has communicated that he is stepping away from his position and retiring,” ETSU Director of Communications Jessica Vodden said in an emailed statement. She confirmed separately that referred to Herrmann.
“After a thorough review of State law and institutional policy, ETSU has determined to continue the process for terminating the other professor’s employment for adequate cause,” the statement also said.
ETSU placed Brown and Herrmann, who was a professor in Communication Studies and Storytelling, on administrative leave Sept. 11 following complaints about posts they made on Facebook pages in the wake of conservative activist Kirk’s shooting.
“Condoning or calling for violence has no place within ETSU’s campus community,” the statement reads. “Celebrating murder is abhorrent and unequivocally wrong.”
At the same time, the statement says the university should be “a place where students can carefully examine ideas, challenge themselves, and engage with individuals they may disagree with in a way that positively contributes to our society.”
In Brown’s case, ETSU’s policies suggest a process that could take at least several weeks and will afford Brown, with a lawyer present, the opportunity to contest the move to fire him. Brown is a behavioral neuroscientist who teaches and does research in the Quillen College of Medicine’s Department of Biomedical Sciences. He has worked at ETSU since 2000.
Now that ETSU has moved from considering whether to initiate termination proceedings, Brown’s case falls under the “termination for adequate cause” section of the university’s tenure policy, which covers nearly four entire pages of the 22-page policy. While that process can include a committee hearing and recommendation from that committee, ETSU President Brian Noland has the ultimate authority of whether to fire Brown, regardless of that committee’s recommendation.
The tenure section shows that prior to seeking termination, the chief academic officer must recommend to the president, or the president must decide, that procedures to terminate are warranted. The only one of seven listed causes that appears to potentially apply in this case is “(c)apricious disregard of accepted standards of professional conduct.”
Following the president’s recommendation, the policy requires one or more “appropriate administrators” to meet privately with the professor “for purpose of attempting to reach a mutually acceptable resolution of the problems giving rise to the proposed termination proceedings.”
If there’s no resolution, as there appears not to have been in Brown’s case, ETSU must give him a hearing and provide at least 20 days notice. Brown has the option to waive a hearing.
If a hearing occurs, a seven-member committee of tenured faculty that can also include administrators will hear the case. The policy isn’t completely clear who appoints the committee, but two alternate members are appointed jointly by Noland and the president of the faculty senate.
The faculty member facing termination can have an academic advisor and a lawyer present.
The policy says that “burden of proof that adequate cause exists rests with the university and shall be satisfied only by clear and convincing evidence in the record considered as a whole.”
The committee can recommend “action less than dismissal” and must provide a report of its recommendation and reasons.
Regardless of that decision, Noland could overrule a recommendation not to fire him, or vice versa. Any decision “contrary to the committee’s recommendation shall be accompanied by a statement of the reasons.”
Finally, if Brown were fired he could appeal to the Board of Trustees, which would have the option to return the matter to the president for reconsideration.
As of Thursday morning, Herrmann was no longer listed in his former department’s faculty page and clicking on the link to his individual page on ETSU’s website led to a “page not found” message. Vodden said other faculty and instructors have been teaching his current courses.
ETSU’s entire statement on the matter is below:
Last week, ETSU received numerous complaints regarding the conduct of two tenured professors following the horrific assassination of Mr. Charlie Kirk. The university took swift action, placing both faculty members on administrative leave pending further review. One of the two professors has communicated that he is stepping away from his position and retiring. After a thorough review of State law and institutional policy, ETSU has determined to continue the process for terminating the other professor’s employment for adequate cause. Condoning or calling for violence has no place within ETSU’s campus community. Celebrating murder is abhorrent and unequivocally wrong. A university should be a place where students can carefully examine ideas, challenge themselves, and engage with individuals they may disagree with in a way that positively contributes to our society. ETSU stands firm in its commitment to cultivating this type of civil discourse while ensuring that all people are treated with dignity and respect. Our hearts are with Mr. Kirk’s family and loved ones as they continue to grieve this unimaginable tragedy.