De-Tenure Court Case: Professor Jack Edmonds vs U. of Waterloo
Dave Hare
>
> October 30, 1991
>
>
>To: Canada's University Professors and Lecturers
>
>From: Intervening Party in "John Robert Edmonds and
> University of Waterloo"
>
>
>
> The Honourable Mr. Justice M.G. Bolan has granted Professor
>Jack Edmonds leave to appeal to the Divisional Court of Ontario his
>injunction against the University of Waterloo terminating his tenure.
>He will now be fighting on.
>
> If you are not presently familiar with his case, then you can
>become so by reading the relevant documentation which your Faculty
>Association office or a colleague no doubt has received by now.
>
> A group of professors is seeking independent legal intervention
>in this case to address a broader issue which cannot be addressed by
>Professor Edmonds. This issue is summarized as follows:
>
> The issue for Professor Edmonds is whether or not his
> tenure is to be reinstated until his suit comes to trial.
> The broader issue for myself, the professors for whom I
> speak and in fact for Canada's professoriat is whether
> universities will be directed to exercise the due process
> procedures of their own academic freedom policies or
> whether they will be permitted to try out violation of
> such due process only to be tested years later by the
> courts. Of special concern is that in the instance of
> tenure protection policies, the victim of such violation
> would lose his or her career and the resulting financial
> ability even to pursue such testing.
Well, in my opinion the real issue is whether relations between faculty
and administration should be carried out based on an assumption that the
participants are mature adults who are responsible for their actions or
based on the rules typical of children's games.
Professor Edmonds submitted a letter of resignation to the Dean of Mathematics.
The administration accepted that resignation.
Now Edmonds wants to claim, "Hey, you can't do that! I called `time'.
I'm going to tell on you!"
Oh, sure, there is a lot of history behind these games, and certainly
the administration accepted the resignation with alacrity. But, frankly,
it is hard to retain much respect for someone who isn't willing to accept
the consequences of their actions.
Dave Hare
Ray Butterworth
We've just seen two postings expressing two opposing opinions on
this case. I'm sure that most of the people reading this are hearing
about it for the first time and don't have the slightest idea what the
facts are.
Could someone that knows the facts and is willing to present them as
objectively and completely as possible (avoiding opinion and judgement)
please do so. Thank you.
Hari S. Titan
Thu Oct 31 1991
Some comments before October 11 on the termination of Edmonds' tenure at
the University of Waterloo. The full letters and a package of informative
documents pertaining to the case are available at cost from the address
at the bottom; the names were omitted here only out of courtesy.
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From a legal affidavit by the President of the Faculty Association of the
University of Waterloo, August 30, 1991:
I have been attempting to deal with this matter by way of open and frank
discussions with representatives of the University but have been unable
to engage in any meaningful negotiations ... Within the hearings and
protections afforded to tenured Professors, there is included the right
to have determined the issue of whether of not there was a truly voluntary
and intended resignation where such is alleged by the University. Under
these protections, a resignation is not effective unless the subsequent of
conduct of the Professor when objectively viewed is consistent only with
the intent to resign. The onus of proof lies with the University. I have
reviewed this case in detail and am satisfied that Professor Edmonds at no
time intended to resign from his twenty year with the University ... the
University would not be able to, in my opinion, to satisfy the burden of
proof requiring objective evidence of actions consistent with an intent to
resign. ... Accordingly, I make this Affidavit in support of a Motion brought
by Professor Edmonds seeking injunctive relief to prohibit the University
from taking any action that would interfere with discharge of his continuing
... academic pursuits ... The essence of the concept of tenure is to protect
a Professor from being fired by colleagues or administrators with whom he
disagrees and do not share his opinions ...
(The FAUW has also made several requests to the UW administration that it
rescind its actions against Professor Edmonds.)
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From a member of the OCUFA Executive Committee:
After reading the documentation and correspondence relating to Professor
Edmonds' "resignation" I am appalled by the actions which have been take at
the University of Waterloo ... The University's actions are not those which
one would expect from an institution which cared about either its employees
or its reputation for humanity ... The University's actions threaten the
spirit if not the letter of academic freedom.
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From the President of an Ontario university faculty association:
(Our association) has just been advised of the precipitous action taken
in this case by the administration of the University of Waterloo ...
It is of urgent concern to us that your Motion for Leave to Appeal and
Stay of an Order should succeed ... No University employer should be
permitted to unilaterally declare, over the denial and objection of one of
its tenured professors, that such a professor has resigned.
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From the President of another Ontario University faculty association:
Our University Faculty Association is extremely concerned about the
Professor Jack Edmonds case at the University of Waterloo ... We are
dismayed that the University Administration of Waterloo seems to have
bypassed all negotiated procedures.
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From the Chair of the Executive Committee of another Canadian university
faculty association to the President of UW:
It appears to me that there has been a grave miscarriage of justice in
the case of Professor Edmonds. It also appears to me that this case can
bring nothing but shame on your institution if a fair settlement is not
speedily concluded.
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From a professor at University of Toronto:
I urge CAUT to take every possible step to ensure that this action by
Waterloo is unsuccessful ... If they get away with this then it becomes
the law we will all be required to live under.
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From a group of professors at McGill:
We are deeply concerned about this case, both in its implications for
Professor Edmonds and the wider implications for Canadian academic life. We
strongly request the CAUT to intervene immediately and strongly on his behalf.
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From a Professor at Simon Fraser University:
(Edmonds) is an extremely gifted mathematician and is one of the reasons
that Canada has a fine reputation in combinatorial mathematics ... The fact
that the University of Waterloo is accepting this "resignation", and the
circumstances under which they are doing so is a cowardly and deceitful act.
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From a Professor at Acadia University:
His courses are among the best anywhere is the world. ... The University
of Waterloo is being incredibly callous and short-sighted.
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From a Professor (F.R.S.C.) at the University of Calgary:
... He has unquestionably added prestige to the Faculty of Mathematics at
the University of Waterloo ... The Dean should be censored for allowing
this case to go so far, and it will do nothing but earn the University an
ill fame it does not deserve.
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From a Professor at McMaster University:
... support Professor Edmonds by advice and financial support in covering
his costs of legal representation. ... the Department of C & O at Waterloo
was ... one of the best in the whole world, based to a great extent on the
research work and reputation of Professor Edmonds whose results I was
familiar with even in Hungary.
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From a Chairman at Wilfrid Laurier University to the President of FAUW:
What has occurred is the act of a cowardly administration, afraid to submit
its true reasons for termination Professor Edmonds' appointment to the
scrutiny required under the university's dismissal policy. It can also be
construed as an act of intimidation perhaps intended to discourage the sort
of criticism of the University of Waterloo administration which has recently
found its way into the local press. ... I hope you are discussing with CAUT
the cost of using the legal system to secure fair treatment of Professor
Edmonds with a view to arranging financial support.
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From a Professor at Waterloo:
... being so close to retirement makes it easy for me to give a bold
appearance. The dismissal of Edmonds is only another step in an on-going
policy ... of denigrating academically inclined members of the faculty in
favour of those who, like ... , are more concerned with their own future in
University politics than with the future of the University or the value of
the degrees it confers.
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Another Waterloo Professor to CAUT:
This action has had a devastating impact on the personal life of Jack Edmonds
who now finds himself facing the destruction of his career. In my view this
is a critical case for all members of the university community and one that
CAUT should take a powerful interest in defending.
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Another Waterloo Professor to CAUT:
This is a Canada-wide issue, not a parochial Waterloo incident. I urge you
to give it the consideration it deserves.
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Another Waterloo Professor to CAUT:
It does not require much insight to conclude the dean wanted Professor
Edmonds' dismissal and simply seized an opportunity to circumvent all of the
hard-worked-for procedures ... Hoping that one's actions might "fly legally"
is not consistent with the view that with high position goes a responsibility
... The injustice in the case is compounded beyond the possible reality of
disgrace and the lost career of a renowned scholar and educator. ... This case
is surely a model of the tragic consequences that can result when contractual
safeguards are allowed to be bypassed.
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From a Waterloo graduate student to CAUT:
I believe Professor Edmonds was treated unfairly by the University
administration ... Professor Edmonds' value to the worldwide mathematical
community is well-known. ... I have taken two graduate courses from him,
and have engaged in numerous seminars and discussions with him ... he is
an extremely enthusiastic teacher and very caring about his students.
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Another Waterloo graduate student to CAUT:
... he is the most famous, outstanding, and uniquely worthwhile professors
that I have ever encountered ... Jack's dedication to creating mathematicians
is legendary ... Jack arranged for 3 carloads of students including myself to
go to a (CMS) conference in Sherbrooke where we formed virtually the whole
non-speaker audience ... in spite of being unemployed Jack is continuing to
teach 8 graduate students the material ... Although legally students and
faculty members are not considered "the University" any decisions made
ignoring their input will be against generations of Canadians.
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From a Waterloo undergraduate to CAUT:
I was falling into what I consider "the black hole" of the educational
system ... in order to survive within the system. Then I met Jack. I have
taken a number of math courses at UW and I have learned a great deal but
I have to say I learned more from Jack than from my other Professors put
together. The administration in the Faculty of Mathematics at UW and
students who have no desire to work, learn, and understand seem to be at
odds with professors like Jack and students like myself. I assume that
your association exists to help preserve a high quality of education in
Canadian universities. I sincerely believe that having more professors
like Jack is the key to achieving this goal.
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From FAUW to Edmonds' lawyer, September 27, 1991:
The Academic Freedom and Tenure Committee of the Faculty Association of
the University of Waterloo would like to bring to attention that Mr. Howard
Snow, Professional Officer and lawyer employed by CAUT, is willing to provide
you with any advice that might be of assistance to you in connection with
Professor Edmonds' possible appeal. Mr. Snow can be reached at the CAUT
office: 308 - 294 Albert Street, Ottawa, Ont., K1P 6E6.
Telephone: (613) 237-6885. Fax: (613) 237-2105.
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From CAUT to Edmonds' lawyer, October 7, 1991:
Re: Professor Jack Edmonds.
This is a follow-up of our telephone conversation of October 1, 1991.
I have raised the question of CAUT intervention with the CAUT Executive
Director and can now confirm that CAUT will not be seeking intervenor
status. Yours sincerely,...
===============================================================================
All but the first and the last two of the above excerpts are from some of
the materials faxed to CAUT between October 4 and October 11, and received
by us from FAUW on October 18. The full letters, and a package of informative
documents pertaining to the case, are available from us (at a cost for us of
fifteen dollars plus mailing). After a postponement on October 9 despite
very lengthy arguments by "The University" lawyers, Edmonds has now got
leave to appeal to a higher court. His legal costs so far are thirty thousand
dollars. He has no prospects for financial assistance. He has no income
or benefits from the University. He has a sixteen-month old son. He has over-
earned a sabbatical, and has research invitations, which he wants to accept,
to Russia, China, and many other places, but he cannot get any NSERC funding
without a university position.
Charles Haff
c/o Professor Kathie Cameron
Wilfrid Laurier University
Waterloo, Ontario N2L-3C5
(kcam...@watdcs.UWaterloo.ca)