Contact:

Provost Brian L. Foster, 277-2626 Or Frank D. Martinez, 277-1811

Dec. 10, 2001

UNM PROVOST ANNOUNCES DECISION REGARDING PROF. BERTHOLD

The University of New Mexico has determined that Professor Richard Berthold failed to meet his professional responsibilities as a faculty member because of his conduct on September 11, Provost Brian L. Foster announced today.

In making the announcement, Foster emphasized that the content of Berthold's remarks on Sept. 11 is protected by the First Amendment.

However, because Berthold violated the standards of professional responsibility expected of all faculty members toward their students under the terms of the UNM faculty handbook, he will receive a formal letter of reprimand, will not teach freshman classes for the immediate future, will undergo an in-depth post-tenure review and will follow a specific plan for complying with the faculty standards of professional behavior for the classroom, Foster explained.

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Statement of UNM President William C. Gordon - Dec. 10, 2001

Today the University of New Mexico took formal action against Professor Richard Berthold for his conduct in the classroom on September 11. From the University's perspective the core issue in this case was not the political or social view Professor Berthold conveyed on that day. This University fully recognizes that its professors, like all citizens, enjoy the constitutional right to express their political and social views, regardless of how unpopular or even appalling these views might be to the vast majority of our citizens.

At issue for us in this case was whether or not Professor Berthold had failed to act responsibly on that day by the manner in which he expressed his ideas to his students given the circumstances that existed at the time. Our decision to take action in this casewas based on our conclusion that Professor Berthold had, indeed, failed to carry out his responsibility to his students, when he made gratuitous remarks that were needlessly offensive and potentially hurtful in the classroom.

In reaching this conclusion, the University relied heavily on its own Faculty Handbook, which outlines the responsibilities our faculty must meet in their interactions with their students and with others. These responsibilities are consistent with the professional standards adopted by the American Association of University Professors. We also took note of Professor Berthold's own public statements that indicated that in his own view his remarks on that day were highly inappropriate. The procedure we used to examine this issue was the due process procedure outlined in our Faculty Handbook - a procedure designed to deal with issues concerning faculty conduct.

This University has never wavered in its support of First Amendment rights and has always placed the highest value on the principle of Academic Freedom. However, we have also never wavered in our belief that our students have the right to expect that they will be treated with respect, dignity and civility by our faculty. I am convinced that given Professor Berthold's conduct on September 11, the actions we have taken are both warranted and appropriate.

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Statement of UNM Provost Brian L. Foster - Dec. 10, 2001

University of New Mexico Professor Richard Berthold has received a formal letter of reprimand and is subject to certain additional conditions as a result of a determination by the University that he violated standards of professional responsibility expected of all faculty members toward their students. Personally I continue to disapprove strongly of the comments he made on September 11 in both his 8:00 and 11:00 a.m. classes. However, at the same time, I believe the content of his comment is protected by the First Amendment, and I have said this throughout the process.

On the morning of September 11, UNM professors had an obligation to recognize the unique vulnerability felt by their students and to act accordingly. Professor Berthold failed to act responsibly toward his students at that time, and that is the basis for this disciplinary action.

In addition to the letter of reprimand that will be placed in Professor Berthold's personnel file, he will not teach freshman classes for the immediate future, he will undergo an in-depth post-tenure review, and he will follow a specific plan for complying with the standards of professional behavior for the classroom that are described in the Faculty Handbook.

We reviewed this matter and took action in accordance with the process outlined in Appendix VIII of the UNM Policy on Academic Freedom and Tenure. We have a responsibility and obligation to follow our processes, including when we are dealing with issues that are highly inflammatory and complex. To do otherwise would deny an individual such as Professor Berthold the due process to which he is entitled.

While I realize that many individuals will disagree with the measures we have taken - some thinking the discipline is too severe and others finding it too lenient - I am persuaded that this course of action is in the best interest of the University.

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The University of New Mexico
Public Affairs Department
Hodgin Hall, 2nd floor
Albuquerque, NM 87131-0011
Telephone: (505) 277-5813
Fax: (505) 277-1981