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College & Research Libraries News

SCMAI SUBCOMMITTEE REPORT: Doiron Request for Action

SCMAI SUBCOMMITTEE REPORT

After studying more than 250 documents, 29 transcripts of 30 interviews, and 18 responses from other individuals, the fact-finding subcommittee appointed by the Staff Committee on Mediation, Arbitration and Inquiry (SCMAI) to gather the facts relating to Peter M. Doiron’s Request for Action, has submitted its report to the American Library Association’s Executive Board. Doiron submitted a Request for Action to the SCMAI in accordance with the procedures of the Program of Action for Mediation, Arbitration and Inquiry, on January 11, 1972. In his Request for Action, Doiron asked that the SCMAI make an inquiry of his dismissal as editor of CHOICE, a review journal administered by the Association of College and Research Libraries (ACRL), on July 29, 1971.

Doiron, in his Request for Action, stated that he considered the problem to be (1) a lack of due process; (2) unethical behavior; (3) intellectual freedom; (4) unfair employment practices; and (5) tenure. Doiron alleges that he had no prior warning of his termination nor had any of the ACRL officers.

The subcommittee concluded that the American Library Association denied Doiron formal due process. This denial resulted from the ALA’s failure to utilize its formal, prescribed personnel performance procedures with Doiron during the course of his employment as an ALA staff member. As a consequence of this failure, Doiron was deprived of the opportunity to appeal an unsatisfactory performance evaluation.

Among the other conclusions reached by the fact-finding subcommittee was that there was no evidence of unethical action, although the details of the manner in which the dismissal was conducted displayed a lack of sensitivity and professionalism. In regard to Doiron’s allegations of violations of the principles of intellectual freedom, the fact-finding subcommittee found that at no time was there any indication or charge that the editorial content of CHOICE magazine was under pressure or compromised.

Further, except for the lack of formal due process noted above, there was no evidence of unfair employment practices on the part of the ALA administration. The fact-finding subcommittee stated that “Doiron had been adequately warned and the executive director had full authority to dismiss him.”

The subcommittee also established that in accordance with ALA personnel policies, Doiron was not a tenured employee at the time of his dismissal in July of 1971 and therefore, was not entitled to the protections of tenure.

Finally, the fact-finding subcommittee concluded that it was formed in response to Doiron’s Request for Action seeking a resolution of his appeal of the method used in his dismissal. Recognizing that the procedures of the factfinding inquiry do not allow all principals to be present during all the interviews and cannot, thus, be construed as constituting a hearing, the subcommittee determined that it would be inappropriate for it to rule on Doiron’s request for “restoration” to the post of editor or upon the resolution of his appeal.

Based on its findings and conclusions, the fact-finding subcommittee recommended as follows:

1. That the ALA Executive Board grant to Peter M. Doiron a formal hearing.

2. That this hearing be conducted by a team of executive board members with a complete report of findings and recommendations made to the full board for its decision.

3. That the hearing be conducted in accordance with the principles of the Statement on Procedural Standards and Faculty Dismissal Proceedings of the American Association of University Professors, with particular attention to sections five and six on Committee Proceedings and Consideration by a Hearing Committee.

4. That the detail chronology and documentation assembled by the fact-finding inquiry be made available to the board for use in such a hearing and that, subject to the approval of the witnesses, the transcriptions of the interviews also be made available. When a hearing committee is appointed, all documentation is to be made available to the principals.

The fact-finding subcommittee was composed of Robert Donahugh, Gerald R. Shields, and Myrl Ricking, chairman. The subcommittee was appointed by the ALA Staff Committee on Mediation, Arbitration and Inquiry, under the provisions of the Program of Action for Mediation, Arbitration and Inquiry. Upon receipt of the Request for Action from Doiron, SCMAI members J. Donald Thomas and David H. Clift, chairman, removed themselves from consideration of the case because they were named as principals in the dismissal. For this inquiry, SCMAI met under the chairmanship of Ruth Frame, with Judith F. Krug and Gerald R. Shields present and constituting a quorum. ■ ■