Document gBbz61n6OMoo28Re5kwYajN9

NEW YORK UNIVERSITY-BELLEVUE MEDICAL CENTER NEW YORK UNIVERSITY POST-GRADUATE MEDICAL SCHOOL 550 FIRST AVENUE. NEW YORK 16. N. Y. CFFiCE OF THE DEAN March 7, 1955 OREGON 9-3:e: Cable Address: POSTGRAMHD Dr. W. E. Smith Institute of Industrial Medicine 550 First Avenue New York, New York Dear Doctor Smith: This letter is to reaffirm the decision conveyed to you in June of 1954 by Doctor Lanza that your appointment with the Efaiversity will not be renewed for the academic year 1955-56. Should unavoidable delays occur in your transfer to another activity, continuation here could be on a month to month basis. Sincerely yours, {Lxjt u Robert Boggs, M.D. Dean NEW YORK UNIVERSITY-BELLEVUE MEDICAL CENTER NEW YORK UNIVERSITY POST-GRADUATE MEDICAL SCHOOL 550 FIRST AVENUE NEW YORK 16. N.Y. OFFICE OF THE DEAN May 19, 1955 OREGON 9-3 2 Dear Doctor Smith: This is to notify you that the University does not intend to reappoint you to the staff for the year 1956-57. Your attention is called to the fact that the maximum salary you have received in any one year from budgetary sources was $4,000. plus whatever salaries are assigned you from special funds. It is the interpretation of the proper University authorities that you would not reach tenure status until 1956-57. If you desire to discontinue your services prior to June 30, 1956 I am sure that will be satisfactory. May I take this opportunity to thank you for your very effective services on behalf of the School and the University. Robert Boggs Dean Dr. William E. Smith Institute of Industrial Medicine New York University NEW YORK UNIVERSITY-BELLEVUE MEDICAL CENTER ' OF NEW YORK UNIVERSITY INSTITUTE OF INDUSTRIAL MEDICINE 3 25 EAST 3 8TH STREET NEW YORK 16, N.Y. Mmtjng Addttu: 477 FIRST AVENUE. NEW YORK 16. N.Y. Ttitphont: MURRAY HILL 9-1580 Jon* 29, 1956 COPT Dr* Dotal Sheehan, Acting Director Hr* York OniTorsitjr - Brllrrn* Uedioal Coator Door Dr. Sheehan : This la to roquoot o hearing upon tho dooiaioa conveyed to so by Professor Lonio regarding teraiaatlea of aqr appointment. 1 understood that previsions exist far o aotter of this botaro to bo considered by on appropriate faculty osaaittee. Z farther understand that a fall stenographic record of tho hearing will bo available to bo* I aako this roquoot with raluotanoc, but in tho belief that it is warranted* Tory sincerely yours. Villiam B. Salih. K.D. Associate Professor of Iadostrial Uedloine NEW YORK UNIVERSITY-BELLEVUE MEDICAL CENTER OF NEW YORK UNIVERSITY 550 XXX FIRST AVENUE. NEW YORK 16. N.Y. OFFICE OF THE DIRECTOR June 30, 1955 OREGON 9-3200 William E. Smith, M.D. Associate Professor Industrial Medicine Dear Dr. Smith: I have received your letter of June 29th requesting a hearing in regard to the termination of your appointment. I am taking up this matter with the Chancellor and will let you know. Yours sincerely, DS/dh Donal Sheehan, M.D. ________ NEW YORK UNIVERSITY-BELLEVUE MEDICAL CENTER OF NEW YORK UNIVERSITY INTEROFFICE COMMUNICATION July 6, 1955 William E. Smith, M.D. Seal Harbor Maine Dear Dr. Smith: I have sent you an official acknowledgement of your letter dated June 30th and I am following the matter up. In the meantime, I think it would be very helpful if you could state to me in writing what is your exact contention and upon what facts it is based. This I am sure could be of great help to the central authorities in reviewing your case. With very kind regards, Yours sincerely. DS/dh Donal Sheehan, M.D. / I J / I i Sea.*. narocr, sLiine o uly -- 1, 3 anal Sheehan, M.C. New Yorr: University-Sellevue Medical Center 550 First Avenue New York 16, N.Y. Dear Sr. Sheehan : I have your letter of July 6 and appreciate your advice that you are taking action upcn.Ey request for a hearing. In response to your inquiry as to my contention, I believe that the Faculty Handbook indicates that I should be informed in writing of the charges against me in advance of a hearing. Such charges, or the reasons for termination of my appointment, have never been states to me. I believe that it would be necessary for me to have a copy of these charges in order to prepare a response to them. Very sincerely yours. Wm. S. Smith OFFICE OF THE DEAN NEW YORK UNIVERSITY-BELLEVUE MEDICAL CENTER NEW YORK UNIVERSITY COLLEGE OF MEDICINE 477 FIRST AVENUE. NEW YORK 16. N.Y. OREGON 9-3200 August 9, 1955 Dr. William E. Smith Seal Harbor, Maine Dear Dr. Smith: In Dr. Sheehan1 s absence I am writing you regarding the status of your request for a hearing on non-reappointment. On August 3rd Chancellor Voorhis replied to Dr. Sheehan's letter stating that your length and rank of service had not qualified for tenure at New Xork University. Since the right of a hearing on account of non-reappointment is limited to those faculty members who have a continuing or tenure appointment, it follows that you are not eligible for this consideration. Chancellor Voorhis suggests that since the position of the University has been stated it is now up to you to inform the Administration if you feel that your case is an exception to the University policy. Dr. Sheehan will return at the end of August and in the meantime I will be very happy to follow through on any request that you may have. Sincerely yours, Vm. N. Hubbard, Jr., M.D. Associate Dean \ NEl W, YORK UNIVHRSITY-BELLEVUE MEDICAL CENTER OF NEW YORK UNIVERSITY INSTITUTE OF INDUSTRIAL MEDICINE '/ 3 25 EAST 3 8TH STREET NEW YORK 16. N.Y. September^!, 1555 HaUnt Add",,: 477 FIRST AVENUE. NEW YORK 16. N.Y. T,i,phm: Murray hill 9-1580 Wm. N. ^jbbard, "r. li.D. Associate ^ean New *ork uniwersity College of Medicine Dear ^r. ^Vbbard ' This is in response to your letter of August 9 in regard to my request for a hearing on termination of my appointment. I note tie advice that I am not eligible for this consideration since my service to the diversity has been interpreted as not qualifying for tenure. I would appreciate advice as to the grounds for this denial of tenure. I contend that I reached tenure status not later than June 28,1954. In support of this contention, may I cite the following excerpt from page 23 of the 1943 edition of the Faculty Handbook, which I understand was the editon current at that time : Tiijr any of the following conditions the reappointmnet of an associate professor carries with it the right cf continuous or permanent tenure: ..... if the reappointment is for the fifth year as a full-time teacher at **ew *ork ^ni^rsity and follows a term of more than three years of Hill-time teaching in one or more institutions of higher education other t^ran New xork UnLversity." On `'une 28, 1954, I was reappointdd for a second year as an associate professor following four years of full-time service as en assistant professor at New iork diversity, prior to which I had served full-time for three years at the Harvard Medical School, four years at the Hoofcefeller Institute for Medical Research and two years at the S^oan-Kettering Institute for Cancer Research. Further, I note that the 1955 edition of the Faculty Handbook in its section on tenure states, on pages 32-33, that it "while applicable .......... at the time of its adoption, is not intended to modify existing commitments ... From perusal of my letters o f appointment and in view of the above considerations there is no doubt in my mind that the decision conveyed to me in your letter is at variance with policy stated in the Handbook, and I submit that I should be accredited as having attained tenure. If the language of the Handbook is set aside by an administrative decision in the present instanoe, other members of the faculty could have iittle confidence in the provisions for tenure and this situation would impair the defined purpose of tenure as a means to assure freedom of teaching and research. Trusting that you will forward the attached copy of this letter to the proper authorities, and awaiting further advice, '''ith best personel regards, Sincerely 'Tours, William E. Smith, ;,i. OFFICE OF THE VICE CHANCELLOR AND SECRETARY Nj5W YORK UNIVERSITY WASHINGTON SQUARE NEW YORK 3. N.Y. 3 October, 1955 Dear Doctor Smith: I have your letter of the 22d to Dean Hubbard vhich was forwarded to me for attention by Dean Sheehan. The facts of the situation to which you refer, according to our records, are these: You entered the University in September, 19^9 as Assistant Professor after previous academic service in the Harvard Medical School as an Assistant in Bacteriology. By ruling of our University Senate, January 13, 19^9* service as an officer of instruction may be counted toward tenure, whether rendered here or elsewhere, only if it has been performed on a full time basis in the rank of instructor or above, that is, assistant professor, associate professor, or professor. Service in the rank of assistant does not qualify under this regulation, nor does service of any character in non-teaching posts such as those you occupied at the Rockefeller and Sloane-Kettering Institute. Your service here, therefore, is the only service that we can take into account in determining your eligibility for tenure. You served as Assistant Professor during the academic years 1949-1950, 1950-51, 1951-52, and 1952-53. You served, moreover, during the years 1953-5^ and 195^-55 as Associate Professor. Referring to the rules governing tenure which you yourself have cited, you will not have attained tenure here until or unless you serve as a full time teacher here in one of the qualifying ranks throughout the current year 1955-56 and unless and until you are reappointed in similar capacity here for the year 1956-57> beginning July 1st, 1956, which would mark the beginning of the eighth year of your service here in a qualifying rank. Dr. William E. Smith 170 Glenwood Road Englewood, New Jersey OFFICE OF THE CHANCELLOR NEW YORK UNIVERSITY WASHINGTON SQUARE NEW YORK 3. N.Y. October 28, 1955 My dear Professor Smith: In accordance with the notice given you by Dean Boggs May 19th last that the University does not intend to retain you on its staff beyond the current appointive year ending June 30th next, I wish to advise you that the University Council has approved and confirmed action of the Board of Trustees of the New York University-Bellevue Medical Center in giving you a terminal appointment for the year 1955-1956, beginning July 1st last and ending June 30th next, with the title of Associate Professor of Industrial Medicine. Sincerely yours Associate Professor William E. Smith 170 Glenwood Road Englewood, New Jersey NEW YORK UNIVERSITY-BELLEVUE MEDICAL CENTER OF NEW YORK UNIVERSITY INSTITUTE OF INDUSTRIAL MEDICINE 3 25 EAST 3 8TH STREET NEW YORK 1 6. N Y. 477 FIRST AVENUE. NEW YORK 16. N.Y. T.I.pOoMURRAY HILL 9-1580 June 12,1956 The Chancellor 3e fork University Dear Jr, Seald : The enoloaad copies of letters to Dr. Armstrong request extension of ny appointment in the Chiveraity with leave of absence pending resolution of matters ehioh I believe to be at variance with year statement that the moat priceless asset of oar University is the right to seek the truth. Scientists engaged in the study of industrial oanoer hazards have had their research terminated or been driven ft*am their laboratories on one pretext or another. I believe that a courageous stand in the prsssnt matter will advanee this field and bring aore support than oomplianos vith the all too onstoreary practices indicated in oy letter. 1 would be grateful fbr your advloe and guidance. Sincerely yours. William 3. Smith, 2.D. Associate Frofeaaor of Industrial Uadicine ec: Dr. Ceorge 2. Armstrong * NEW YORK UNIVERS ITY-BELLEVUE MEDICAL CENTER I OF NEW YORK UNIVERSITY 550 FIRST AVENUE. NEW YORK 16. N.Y. OFFICE OF THE DIRECTOR June 22, 195^ OREGON 9-5 200 Dr. William . Smith Institute of Industrial Medicine New York Un i versity-Bellevue Medical Center New York, New York Dear Doctor Smith: On Monday of this week we received your letter of June II, I95&, IN which you request "extension of my appoint ment in the University with leave of absence penoing resolution OF MATTERS DETAILED IN THE ENCLOSED LETTER". During the interval, I have perused the file which CONCERNS YOUR CASE AND DISCOVER THAT YOU WERE NOTIFIED BY DEAN Boggs on March 7, 1955^ THAT Y0UR appointment with the Univer sity WOULD NOT BE RENEWED FOR THE ACADEMIC YEAR 1955*56- THIS WAS MOO IF I ED ON MAY 19, 1955 IN ANOTHER LETTER ADDRESSEO TO YOU by Dean Boggs in which he notified you that the University did NOT INTEND TO RE-APPOINT YOU TO THE STAFF FOR THE YEAR I95^--57THIS LATTER COMMUNICATION ALSO STATED THAT IT WOULD BE SATIS FACTORY IF YOU DEC I DEO TO DISCONTINUE YOUR SERVICES PRIOR TO June 30, 195^- I understand that Dr. Sheehan since that time HAS REAFFIRMED THE STATEMENTS MADE IN DEAN BOGGS* LAST COMMUNI CATION TO YOU. D .After discussing this matter with r Sheehan and Chancellor Heald, I am advising you that we cannot accede to YOUR CURRENT REQUEST FOR EXTENSION OF YOUR APPOINTMENT. GA:ll 1831-32 One Hundred Twenty-fifth Anniversary A Private Univeruty in the Public Service 1956*57 r NEW YORK UNIVERSITY-BEiLEVUE MEDICAL CENTER OF NEW YORK UNIVERSITY 550 FIRST AVENUE. NEW YORK 16. N.Y. OFFICE OF THE DIRECTOR June 22, 1956 OREGON 9-3:00 Dr. William E. Smith Institute of Industrial Medicine New York University-Bellevue Medical Center New York, New York Dear Doctor Smith: I HAVE RECEIVED THIS WEEK YOUR LETTER OF JUNE 12, IN WHICH YOU REQUESTED A HEARING RELATIVE TO TERMINATION OF YOUR APPOINTMENT WITH NEW YORK UNIVERSITY. Since such a hearing woulo be mandatory in case you hao ATTAINED TENURE STATUS, AND SINCE IT WAS OETERMINEO LAST YEAR THAT YOU HAVE NOT ATTAINED SUCH STATUS, I AM OBLIGED TO INFORM YOU THAT WE CANNOT ACCEDE TO YOUR REQUEST. ^ ,Despite the fact that we are terminating your APPOINTMENT AS OF 30 JUNE 1 6 I ASSURE YOU THAT WE DEEPLY APPRECIATE THE CONTRIBUTIONS TO TEACHING AND RESEARCH WHICH YOU HAVE MADE WHILE WITH OUR UNIVERSITY AND THAT WE WISH YOU WELL IN YOUR FUTURE CAREER. SINCERELY, GEA:ll 1831-32 One Hundred Twenty-fifth Anniversary A Private University in the Public Service 1956^7 V NEW YORK UNIVERSITY-BELLEVUE MEDICAL CENTER ( OF NEW YORK UNIVERSITY - 550 FIRST AVENUE. NEW YORK 16. N.Y. OFFICE OF THE DIRECTOR July 2, I95d OREGON 9-5100 Dr. William E. Smith Institute of Industrial Medicine New York University-Bellevue Medical 550 F1rst Avenue New York |6, New York Center Dear Doctor Smith: Since receiving your letter of June 25th we have again reviewed your case very carefully. It would seem THAT THE MATTER NOW RESOLVES ITSELF INTO TWO OISTINCT problems: The problem of tenure ano the problem of a HEARING, THE LATTER BASED ON YOUR CONTENTION THAT YOUR ACAOEMIC FREEDOM HAS BEEN IMPINGED UPON. As TO TENURE: THIS MATTER RECEIVED FULL REVIEW OVER A YEAR AGO AT WHICH TIME YOU WERE NOTIFIED THAT YOU HAD NOT ACQUIRED TENURE STATUS. THIS DECISION WAS BASED ON POLICIES set by the University Council and still represents the position of the University. From the latest information you have sub mitted there seems to be no basis for a reversal of this position. You HAVE ALSO RAISED THE ISSUE OF YOUR ACADEMIC FREEDOM having been compromised and request a hearing on this matter. Such A HEARING WOULD NOT BE RECOMMENDED BY ME TO THE PRESIDENT'S OFFICE ON THE BASIS OF THE CHARGES WHICH YOU HAVE SUBMITTED. |N THE AB SENCE OF CLEAR INFRINGEMENTS SUCH A HEARING AS YOUR PROPOSE IS, IN MY OPINION, WITHOUT MERIT. From your point of view I am sorry that my investigations ARE NOT MORE FAVORABLE TO YOU BUT I ASSURE YOU THAT THEY ARE BASED UPON COMPLETE IMPARTIALITY ANO OBJECTIVITY. GETA:ll 1831-32 One Hundred Twenty-fifth Anniversary A Private Univetuty in the Public Service 1956-57