Repository: UIHistories Project: Board of Trustees Minutes - 1946 [PAGE 619]

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BOARD OF TRUSTEES

[July 25-26

A P P E N D I X T O M I N U T E S O F JULY 25-26, 1945

O P E N I N G S T A T E M E N T S IN HEARING O F DEAN B E N N E R

The following opening statements for the University and for Dean Benner are quoted verbatim from pages 3-21, inclusive, of the stenographic transcript of the hearing prepared by Mr. Copple, as corrected.

OPENING STATEMENT FOR THE UNIVERSITY BY MR. MARSHALL A s attorney in this matter for the University of Illinois, by selection of the Board of Trustees, I wish to state that Judge Johnson, representing Dean Benner, and I have met twice discussing procedure which we would recommend to the Board of Trustees, and subject to your approval we have agreed to recommend that the witnesses all be sworn and that the hearing proceed much as a judicial hearing, with a brief opening statement by me and a brief opening statement by Judge Johnson, if he sees fit here after I have made mine or when he starts his part of the evidence. In the introduction of witnesses we will endeavor to keep within the legitimate limits of the issue presented to the Board, and if we do not succeed the Board of course will control. W e both agree that it would be unwise under all circumstances to attempt to apply strictly the rules of evidence and we both think considerable liberality should be indulged in that respect, and I rather imagine that J u d g e Johnson and I will be able to agree as between ourselves so that there won't be objections. If there should be objections upon which we don't agree, of course the Board will have to pass upon them, by the President, on such advice as he wishes to take. Neither one of us is able to give any absolute assurance as to the length of the hearing. W e will proceed as expeditiously as we can and we hope the members of the Board will be patient and bear up as well as they can in this heat. It is going to be pretty hard for all of us. W e will make an honest effort to finish today, with an evening session. If we can't I would assume that the Board would indulge us by going over a few hours tomorrow morning. We hope that won't be necessary but if it is, in order to enable each of us to present what we think ought to be presented, we hope that the Board will be indulgent in that respect. I have made every effort to facilitate the presentation of evidence here expeditiously. Now, any of our arrangements as to procedure of course are subject to the control of this Board. T h e statutes of the University, in Section 8-A provides that: " T h e Dean shall be the chief executive officer of the College and he shall be responsible to the President for its administration. " ( b ) H e shall be elected biennially by the Board of Trustees by nomination of the President. On the occasion of each such election the President shall have the advice of the Executive Committee of the faculty concerned." I have here and will introduce in evidence at the proper time the contract between the University and Dean Benner, which is in substantially the same form upon each renewal as to the appointment of the Dean. T h e last one, dated September I, 1043, reads: "Dear Sir: T h e Board of Trustees of the University of Illinois has appointed you to. the following position in the University: Professor of Education on indefinite tenure and Dean of the College of Education for two years beginning September 1, 1043, at a salary of $8,250 a year." T h e next to the last paragraph of this printed form of contract reads: "It is expressly understood and is accepted as a condition to this appointment that no right of continuance is established by the contract or by its fulfillment unless the appointment is of indefinite tenure, either by express statement or under the statutes of the University." As to the issue before the Board in this case, President Willard in his recommendation to the Board has made no point as to the tenure of Dean Benner as P r o f e s s o r ; that is not challenged, so that whatever the outcome of this hearing Dean Benner would remain as Professor. T h e issue, as I see it, is presented by the communication by President