Ayala Case Raises Troubling Questions about UC Irvine Disciplinary Process

Chancellor Gillman at Emeriti/Retiree
Annual Reception 16 October 2018.
Photo copyright © 2018 Daniel C. Tsang

The case of renowned geneticist Francisco J. Ayala, who resigned from UC Irvine because of official sexual harassment findings against him, reached into an annual gathering of UCI Emeriti and Retirees last week when a member of the audience  had his question picked about the case, and posed to UCI Chancellor Howard Gillman, who was taking questions after a keynote address at the Pacific Ballroom in the UCI Student Center.

Asked to comment on the case, Dr. Gillman, in apparently his first public comments since June 28, 2018, when he announced the findings of a UCI investigation that led to Dr Ayala's resignation, told the gathering at a ballroom in the UCI Student Center that since Dr. Ayala “chose” to resign, the university never had to sanction him.  He suggested that Dr. Ayala, a major donor, agreed that his name would be removed from two buildings, the School of Biological Sciences and the Science Library.  Dr. Gillman lauded the way UCI conducted the process leading to Dr. Ayala's departure.

He did not address the effective "ban" from the campus on Dr. Ayala nor did he address publicized concerns from faculty about the way the process was handled. In August, 2018 Science magazine published a letter signed by over 60 faculty at UC Irvine and elsewhere protesting what they viewed as a draconian penalty as well as a flawed process, ending in "sanctions" that were "enacted in haste".

Dr. Gillman comments on Dr. Ayala's case 16 October 2018 (video)

At the risk of being accused of "himpathy" (see that OC Weekly piece supporting the complainants), let's explore why we agree the process was flawed and UC Irvine overreached when it denied Dr. Ayala his Emeritus status and banned him from participating in any future university activities.  

We come to that conclusion after a lengthy conversation with a senior UC Irvine faculty member who requested anonymity.  This faculty member believes contrary to what the Chancellor stated last week, Dr. Ayala was in fact "coerced" into resigning and giving up his Emeritus status, as well as having his name removed from two campus buildings.  

While UCI faculty had intervened earlier in the process so that his initial mandatory leave (while the investigation was going on) was changed earlier this year to voluntary leave, with which the faculty privilege and tenure committee had concurred, this faculty member understands that the University had threatened Dr. Ayala with "severe" consequences should he not resign immediately after the investigative findings were issued.  Dr. Ayala, according to this faculty member, took it to mean he would lose his pension and his campus residence unless he resigned.  If that is the case, it was hardly a "voluntary"  decision to resign. Accepting he had to resign, Dr. Ayala was able to retire after his long, if marred, service to the University and keep his home.

Faculty facing disciplinary actions in fact have the right to bring their case to the Privilege and Tenure committee, before the University finalizes any sanctions.  In the Ayala case, given what surely looks like a coerced departure, he was not able to complete the process.  Thus the process was made flawed by the University's insistence that he resign.

Given the fait accompli, supporters of Dr. Ayala are considering initiating a campus petition to ask the University to give Dr. Ayala the Emeritus status denied him when he resigned abruptly.

With the removal of Dr. Ayala's name from two campus buildings 
UCI will now have two new chances

Before  Ayala was sanctioned. 
Photo copyright © 2015 Daniel C. Tsang

to solicit "naming opportunities" for the two buildings from other major donors.  In fact the library administration was not notified before UCI announced in 2010 that Dr Ayala's name would be placed on the Science Library. (I am now told that neither was the dean of Biological Sciences.) As a working librarian I recall being surprised, as were the rest of my library colleagues, when UCI issued a 22 April 2010 press release about that.  That was the first any of us in the libraries on campus heard about it, thus denying the libraries its own naming opportunity. 

At the time I thought the building naming was done rather arbitrarily and by administrative feat.  The campus Administration apparently gave Dr. Ayala  the power to name his own building, when none of the money from his Templeton Prize went to the libraries.  But today in the aftermath of the "findings", the Administration no longer listens to Dr. Ayala. His tremendous sway has surprisingly evaporated, rather quickly.  Like in Communist countries, he has become a non-person.  Even the name of his spouse, Hana, has been removed from the list of donors, as if she is responsible for her husband's acts. And the UCI libraries has already amended the finding aid for the documents relating to the then Ayala Science Library architectural plans, noting that UCI Chancellor had now removed "Ayala's name" from the two buildings.  -- Daniel C. Tsang.