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The American Association of University Professors is launching an investigation into Vermont Law School.

The probe was launched after 14 of 19 professors lost tenure this summer as part of the schools’ financial restructuring.

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Vermont Law School could end up on the association’s sanction list, the American Association of University Professors announced Friday.

If violations are discovered, the law school’s ability to attract talented students and faculty could be impacted, according to Anita Levy, a senior program officer with the association.

“We’re concerned about the way in which the administration and board made a judgment about the financial situation and reduced programs and reduced faculty without consulting the faculty in a meaningful fashion,” Levy said in a phone interview.

Tenured professors were notified that their jobs were to be eliminated in a June 5 memo. Professors were given the option to either give up their full-time, protected tenured positions or be terminated July 1. Faculty members who chose to stay were required to sign a non-disparagement and non-disclosure agreement, silencing them from speaking with anyone but their spouses.

VLS “failed to consult with the faculty as a whole about its plan for involuntarily restructuring the faculty,” the AAUP said in a statement on its website. “It appears that the ‘restructuring’ process deviated from widely observed standards of academic decision making, including those mandated by the bylaws of the Association of American Law Schools.”

The AAUP said just five faculty members at VLS, which has an enrollment of more than 600 students, retained tenure.

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“Effectively, the existing tenure system and, with it, protections for academic freedom, have been eviscerated,” the AAUP said.

The AAUP’s policies are widely adopted among educational institutions. The policies were incorporated into the VLS faculty handbook.

The AAUP has organized a committee including Emily Houh, a professor at the University of Cincinnati College of Law, Susan Jarosi, an associate art professor at Hamilton College, and Deanna Wood, an associate professor and reference librarian at University of New Hampshire, to investigate Vermont Law School. They will interview faculty and administration on Dec. 18 and 19.

Levy said the committee will release a report to the public by February. The AAUP board will decide in June whether or not Vermont Law School should be sanctioned.

Vermont Law School President Tom McHenry said the AAUP’s investigation was not a surprise.

“We welcome their scrutiny because we believe we did everything right,” McHenry said.

The school’s reputation has improved, he said, “because of our much stronger financial position.”

Professors concerned about the financial restructuring applaud the AAUP’s investigation of the school.

“I think it’s a good thing to have an outside agency like this looking into the matter,” said Susan Apel, a former professor who retired this summer after 36 years.

David Mears, who resigned as director of the Environmental Law Center in June, said the AAUP investigation raises important questions about the school’s commitment to tenure.

“The concept of tenure is to give long-term protection — it assures freedom of expression,” Mears said.

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