The Nevada Faculty Alliance is the statewide guardian of faculty rights, academic freedom, and shared governance.  In ongoing efforts to promote a more positive working environment within the Nevada System of Higher Education, NFA frequently and vigorously defends against abuses of power, the erosion of faculty protections, and denial of due process. 

In that spirit, for the first time since the organization was founded in 1983, NFA submitted an Amici Curiae, or “friend of the court” brief to the U.S. Ninth Circuit Court of Appeals in the pending case of Alice Wieland v. Board of Regents of the Nevada System of Higher Education. Amicus Curiae briefs are filed in cases with special importance by parties outside the litigation, but who have an “interest” in the outcome of the case. Due to the serious issues involved, the American Association of University Professors has also joined NFA for this potentially precedent-setting case. 

Dr. Alice Wieland was a former NFA member and assistant professor of management at the University of Nevada, Reno College of Business.  During her seven years at UNR, Dr. Wieland received an impressive array of awards. As a female business researcher and scholar on the tenure track, her research agenda focused on how gender impacts women. The research and its findings, however, caused Dr. Wieland to experience hostility and unfair treatment from faculty and administrators in the College of Business. The culmination of this mistreatment was denial of her tenure and promotion to associate professor, ultimately resulting in dismissal. 

Ironically, the denial was based in large part on anonymous comments in her student evaluations that were selectively chosen to hurt her tenure application. Numerous studies have proven that student evaluations are an inaccurate and discriminatory measure of teaching effectiveness, and most demonstrate there is considerable gender bias against female instructors in student comments. The denial of tenure and promotion was described by another professor in a sworn declaration submitted to the U.S. District Court in Nevada as, “…one of the worst cases of bias, vindictiveness, and procedural dysfunction” that he had witnessed in his more than 30 years of service to the university. Unfortunately, the District Court in Nevada ignored this compelling evidence and accepted NSHE’s deficient arguments, granting summary judgment for NSHE and unfairly ending the case, requiring the current appeal.  

Given the importance of these issues, NFA and AAUP filed the Amici Curiae brief to explain to the Court our concerns about gender bias in faculty evaluations, appropriate procedures for handling claims of discrimination in an institution of higher education, our viewpoint on how the tenure process should function, and the importance of processes being transparent and fair. The brief addresses procedural and general concerns about academic freedom, shared governance, and due process rather than the details and facts of the case that might still be in dispute.

We hope you will take the time to read the Amici Curiae brief and that you will share this document with everyone you think would be interested in these crucial issues.  

The issues involved in Dr. Wieland’s case, as well as other ongoing concerns with NSHE clearly demonstrate the need for bargaining rights for faculty like those in the Collective Bargaining for NSHE Professionals bill (AB224) that was passed by the legislature, but vetoed by Governor Lombardo. It remains critical that bargaining rights be codified in Nevada Revised Statutes to ensure a more healthy and fair work environment. NFA continues to work toward that goal.      

Most importantly, if you are a victim of discrimination or witness corruption inside your institution, you need to report such misconduct immediately and document everything. Due to its unique status as a self-governing entity in the Nevada Constitution, oversight of NSHE practices differs from other state agencies, which in the experience of NFA, makes it difficult for individuals to speak out. NFA provides legal defense support to members, so do not hesitate to contact an NFA officer for help.