Hobart and William Smith Colleges

April 19, 2024

Dear Colleagues,

I know that many of you have requested additional clarity regarding the process that will be followed in the investigation announced by President Gearan last weekend. Like every college and university, HWS is obligated to investigate allegations of a potential hostile environment on our campus, which is memorialized in numerous policies, including the Harassment and Non-Discrimination Policy, the Colleges’ Community Standards, and the Employee and Faculty Handbooks.

To ensure the Colleges are following a full and fair process consistent with our policies and which includes the full protection afforded to faculty under our Faculty Handbook and Bylaws, we have adapted the investigative procedure set forth in the Colleges’ Title IX policy (Title IX was modeled after Title VI of the Civil Rights Act of 1964) with respect to faculty, which has been in place for many years and which incorporates the due process, grievance, and tenure processes of the Faculty Bylaws. Specifically, the Colleges will

“…appoint an Investigator to investigate the matter, who may make credibility determinations, observations of demeanor, and recommended findings. The Provost, or their designee, will either accept or reject the recommended finding of the Investigator and determine a sanction. If the faculty member does not accept the Provost’s recommendations, then the faculty member may file a grievance under the procedures set out in the Faculty Bylaws and Procedures. Any procedures relating to termination of a tenured faculty member will be subject to the Faculty Bylaws and Procedures.”

Given the potential issues of academic freedom involved in this matter, I may consult with CoFAC in determining whether to accept or reject the recommended findings of the investigators. If there is any violation found or action taken, Professor Dean will have the additional rights to faculty review as outlined in the Faculty Handbook and Bylaws.

The Colleges have retained an experienced law firm, which has not previously worked for the Colleges, to conduct this investigation with integrity. I am committed to a prompt and fair resolution of this matter, consistent with our core value of ensuring a learning environment for our students free from discrimination and harassment while also respecting faculty due process rights and academic freedom.

Finally, I have read healthy discussion from my colleagues expressing disagreement over President Gearan’s decision to relieve Professor Dean of her teaching responsibilities for the remainder of the semester as an interim measure while the investigation takes place. While I certainly respect the exchange of differing views of the faculty on this decision, I disagree that there was any violation of the Faculty Bylaws in connection with that decision. I also note that if Professor Dean believes that the decision was made with inadequate or improper consideration or that there has been a violation of academic freedom, the Bylaws permit her to file a grievance to address those issues. I suggest that the proper mechanism to address any such concerns is through the procedures set out in policy, and both the President and I will fully participate in and respect that process.

Sincerely,