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.

Jack Peltason effectively saved my job

The Peltasons 23 January 2015 at UCI University Club. 

Photo copyright © Daniel C. Tsang 2015

Irvine -  It was my first battle with the University of California, Irvine, administration.  I had come up for academic review a few years after arriving in 1986 at UC Irvine as a bibliographer for political science and economics as well as as social science data librarian.
The powers that be in the Libraries had decided no, I wasn't going to get a positive review.  I realized that if I didn't appeal, it would make it easier the next round for them to get rid of me, since I had not then yet achieved "career status" - roughly the equivalent of "tenure".

So with the help of my union, University Council-AFT, and its smart executive director, Gary Adest, I went through the appeals process.

At that time,  I felt it was fortunate that the decision for whether or not to grant a step increase rested outside the Libraries, so that another set of eyes would review the file.    Unfortunately, the Executive Vice Chancellor for Academic Affairs at the time, Tien Chang-Lin, whom I thought I knew well through the Asian Faculty and Staff Association, agreed with the library administration and turned me down for a step increase and raise. 

Fortunately one could appeal further, if there were "irregularities" in the way the review was conducted.   (Whether or not a step up and raise were given is considered "academic judgement" - not subject to an appeal.)   I definitely thought so; an outside hearing committee and a secret ad hoc board (this apparently) sided with me - and ultimately Jack Peltason - who was UC Irvine Chancellor at the time - and a political science professor I had helped occasionally - on 9 November 1989 overturned his deputy, Dr. Tien (who would later head UC Berkeley).  Since I had already gone through in the meantime another review successfully, Dr. Tien subsequently advanced me to Librarian IV "without further review".

By his 1989 action Jack no doubt effectively saved my job.  Jack Peltason, who would later head the the entire UC system, passed away Saturday.

It is thus perhaps ironic for a union and political activist like myself to give credit to the big boss or 大老板 .  Without what "Jack" decided in my case, I would likely not still be here, now 29 years after I started at UCI.

Years later, another Vice Chancellor expressed surprised I was still here, given the University's deep pockets to fight off any challengers from employees.  I guess I was persistent, had great union support, and allies in high places, not least the then-Ombudsman, Ron Wilson as well as Gene Awakuni, then-head of the Counseling Center at UC Irvine, who would offer diversity training in the libraries subsequently.  He later became a top-level university administrator at CalPoly, Hawaii and Columbia.

For more background, see my 1992 Amerasia Journal vol. 18 no. 1 essay:  A Look Back: David vs. Goliath at UC Irvine [licensed to UCI users]

In what was arguably his last public appearance, Jack Peltason showed up at a 23 January 2015 memorial service at the University Club for David Easton, another eminent UCI political scientist.  Although Jack did not address the gathering, he communicated spiritedly though an iPad with his admirers gathered around after the event.  Above is my photograph of this gentle man who fought for affirmative action with his devoted wife Suzanne.  May he rest in peace. - Daniel C. Tsang.

From Subversity Archives: Chinese Democracy Activist Wang Dan at UCI in 2006

UCI comes together to memorialize those killed in the
Tiananmen Massacre of 4 June 1989.
Photo © Daniel C. Tsang 1989.

To listen to the KUCI Subversity Online podcast with Wang Dan's 2006 UCI lecture, click on :

Wang Dan with fellow students in 1989

In the wake of the June 4 commemorations worldwide, we bring you a 2006 talk at UC Irvine given by Wang Dan, who in 1989 was a key student leader of the Tianamen protests in Beijing.  He was subsequently put on a most-wanted student activist list, arrested and imprisoned, and on his release went to the United States.

He obtained his Ph.D at Harvard, where his dissertation in 2008 compared state violence under Mao and Chiang (Kai Shek on Taiwan) in the 1950s.

He now is an academic in Taiwan. He is banned from China (and Hong Kong as well).  His memoir, in Chinese, 王丹回憶錄 : 從六四到流亡, came out last fall in Taiwan.

Cover of Hong Kong publication

Listening to his 2006 talk here, I am struck by how he relevant his talk still is, given that China still faces many of the same problems he talked about.  Wang Dan explains how corruption in China moved the Peking University and other protesting students to seek democratization and discusses the challenges China still faces.

Wang Dan's talk first aired on KUCI's Subversity show on June 19, 2006.  Sponsored by the Center for the Study of Democracy in the School of Social Sciences at UC Irvine, Wang Dan spoke on May 25, 2006 on the topic: "Rethinking the Past and Looking to the Future of China."  The audio includes a Q&A.

Black UCI Students Speak Out

Chancellor Drake under pressure.  Photo © Daniel C. Tsang, 2013

In the wake of the "blackface" video by an Asian American fraternity at UCI, Black students have now issued a set of demands to the UC Irvine administration, headed by Chancellor Michael V. Drake, who is also Black.

Here is their statement:

Black students at the University of California, Irvine have the right to enjoy freedom of movement and association, security of housing, and the pursuit of education without fear of violation by other students, faculty, staff, and the police. We, the members of Black Leaders on Campus* (BLOC), call upon the UCI adminis...tration to foster a campus environment for Black students that is free of violence. To this end, the Division of Student Affairs must truly adhere to its stated mission “to promote the general welfare of the campus community within the framework of the UC Irvine values of respect, intellectual curiosity, integrity, commitment, empathy, [and] appreciation.” Combating the climate of anti-Blackness at UCI calls for both the refusal to accommodate attacks on Black peoples and cultures and the allocation of resources to meet the pressing needs of Black students. Our demands, therefore, fall into two broad groups, one punitive and one proactive.

1a) WE DEMAND that the UCI administration cease referring to incidents of anti-Blackness as “isolated” or “rare,” including the Lambda Theta Delta (LTD) videos recently circulated on the Internet. The use of terms such as “isolated” and “rare” suggests that these incidents stand alone rather than collectively indicating a larger, structural problem on campus and in society.

1b) WE DEMAND that the UCI administration create and implement a zero-tolerance policy for anti-Blackness. This policy must be formalized in writing with the participation of two BLOC-elected undergraduate student representatives. This policy must place the offending organization on probation for a minimum of one year and revoke the membership of any individuals found to have committed particular offenses. Conditions of probation would include, but would not be limited to: loss of the use of campus space, on-campus advertising, and university funding. If the offender is not affiliated with any campus organization, other punitive measures could be devised.

1c) WE DEMAND that the UCI administration create a BLOC-elected, UCI-funded undergraduate student position to supervise the implementation of the university’s zero-tolerance policy on anti-Blackness. This student, holding either a major or minor in African American Studies, will work alongside the UCI administration in the investigation of alleged incidents of anti-Blackness, attending all relevant meetings. This student will have the additional power to design educational programs to combat the climate of anti-Blackness on campus. This student will retain autonomy in order to ensure transparency.

2a) WE DEMAND that the UCI administration create and fund a new student outreach and retention center, modeled after the UC Berkeley Black Recruitment and Retention Center (BRRC). The violence Black students face on and off campus has documented negative effects on our physical, emotional, and spiritual wellbeing. These negative effects unnecessarily impede Black students’ academic pursuits and intellectual development and require dedicated resources. If the university administration is committed to combating the climate of anti-Blackness at UCI, then it must also mitigate such negative effects in order for Black students to thrive here. The UCI Student Outreach and Retention Center (SOAR) is spread thin in its support of a broad range of student populations and is therefore unable to address the specific negative effects of anti-Blackness and the particular barriers to recruiting Black students to UCI. Two BLOC-elected student representatives and two African American Studies faculty members, among others, would participate in the hiring of the Center’s director.

2b) WE DEMAND that the UCI administration financially support the newly founded UCI James Baldwin Debate Society. The Society requires funding for a director, graduate assistantships, debater scholarships, team travel and lodging costs at national debate competitions, and other operating expenses. The skills acquired in college debate – careful research, rational argumentation, decision-making, and conflict resolution – would empower Black students to better combat anti-Blackness in their academic, occupational, and social lives. While other debate organizations exist on campus, none provide a dedicated safe space for Black students to fully participate. The UCI James Baldwin Debate Society serves as a productive venue for Black students otherwise living and learning under the duress of the campus climate. Two BLOC-elected student representatives and two African American Studies faculty members, among others, would participate in the hiring of the Society’s director.

2c) WE DEMAND that the UCI administration restore the dedicated Housing Assistant position to the Ele Si Rosa Parks African American Studies Theme House. At present, the Rosa Parks House, as a result of budget cuts, shares one Housing Assistant position with the Humanities House. This creates an untenable scenario in which an applicant for the Humanities House could, however well-intentioned, preside over the residents of Rosa Parks without the necessary training, background or prior interest in the historic mission of the House. The Rosa Parks House is the only residence hall on campus with an explicit commitment to the welfare of Black students and requires a staff with focused attention and preparation.

2d) WE DEMAND that the UCI administration support the promotion of the Program in African American Studies to departmental status. As the only consistent source of scholarship at UCI about the history, culture and politics of African-derived peoples, African American Studies’ stability and growth must be ensured. The budget cuts that have plagued the Program in African American Studies in recent years are another means through which the UCI administration has allowed anti-Blackness to fester. The award-winning, internationally recognized research and teaching carried out by the faculty of African American Studies are essential to the fight against anti-Blackness. A robust Department of African American Studies would help bolster enrollments for Black undergraduate and graduate students as well.

Black Leaders on Campus (BLOC) consists of the following organizations:
100 Black Women
Alpha Kappa Alpha Sorority, Inc.
Alpha Phi Alpha Fraternity, Inc.
Black Educated Men (B.E. Men)
Black Law Society (BLS)
Black Queer Collective (BQC)
Black Student Union (BSU)
Christ Our Redeemer (COR)
Delta Sigma Theta Sorority, Inc.
El Si Rosa Parks House
Ethiopian Student Association (ESA)
Kappa Alpha Psi Fraternity, Inc.
Minority Association of Pre-Health Students (MAPS)
National Society of Black Engineers (NSBE)
Nigerian Student Association (NSA)
Omega Psi Phi Fraternity, Inc.
Umoja NewsMagazine

Remembering Julie

To listen to the KUCI Subversity Online podcast of the Julius Margolis Memorial Reception, click on: .

My lasting remembrance of Julie Margolis (pictured) relates to his genuine warmth and friendliness, especially when I, as an economics bibliographer, would show up at his home and review materials from his personal library that he was kindly donating to UCI Libraries. My last meeting stands out - this was more recently, when he was fully into his post-retirement career as Jules Margolis - the artist. That time, he was more interested in showing me his paintings than talking about his book collection. At his side as usual was his wonderful wife, Doris.

Jules Margolis, "Shaman I", 1993, oil on canvas.

When the Economics Department at UC Irvine publicly held a memorial reception 16 May 2012 to honor the emeritus Professor, Julie was definitely there in spirit. For the gathering, held in the Mathematical Behavioral Science's Luce conference room in Social Sciences Plaza Building A, was graced by his artistic work - Shaman I - painted oil on canvas in 1993 - and donated by Duncan and Carolyn Luce - that was hanging from a corner, unobtrusively.

While much of the memorial session was rightly devoted to his brilliance as an economist (he had headed the Fels Institute at Harvard before Irvine), and his intellectual impact on countless economists in the field today, including Anthony Downs - people who developed the field of public choice - the real fireworks, if one can call it that, came when Bill Parker, Physics chair at UCI, but once a top campus administrator, related Julie's experiences with university administrators - whom Jule, Bill related, called them "bastards." In fact Bill Parker said he and Julius Margolis had a good cop/bad cop type of relationship - as they worked together on faculty health and welfare issues system-wide as well as on campus. On campus, they both are credited with the establishment of University Hills, for UCI faculty and staff - the housing development in Irvine adjacent to the campus.

Margolis' daughter Jane Peterson, with Bill Parker in background, at her father's memorial gathering. Photo © 2012 Daniel C. Tsang

Julie Margolis was a founder of GPACS - the Global Peace and Conflict Studies program and center at UC Irvine. That commitment to peace studies reflected Julie's upbringing, raised in New York City and having attended City University of New York. Daughter Jane Peterson, who spoke at the memorial, recalls exclaiming "Orange County!" when his dad announced he planned to the post in economics at UC Irvine. Given her father's reputation as a curmudgeon, life in the Margolis household was never dull, with the dad always having the last word. Jane's husband, Mark Peterson, a UCLA political scientist, remembers Julie exhorting him to become active in faculty governance issues, and still encounters academics who owe an intellectual debt to his father-in-law.

It may signify the passage of an era, for the same day as the Margolis gathering, another memorial event was happening, the memorial reception for Larry Howard. Indeed Larry had faithfully visited Julie in the hospital every day for several weeks and both passed away within weeks of each other. Both had been active in GPACS and shared a kindred spirit in peace and justice and in peace research.

Julie Margolis' legacy continues, in the Margolis Lecture series set up by GPACS, in the faculty he nurtured, and on Google Scholar. Additional artwork by Jules Margolis is included in a UCI obit. - Daniel C. Tsang.