Showing posts with label confidentiality. Show all posts
Showing posts with label confidentiality. Show all posts

Friday, September 05, 2008

Jumping the Tracks: Applying for a Job When You Already Have One

The Tenured Radical gmail account has been receiving a few gentle prompts asking when new installments in the job market series will appear. "Hey! What happened to the job market
posts?" one faithful reader writes. Well, I must confess that the lure of national politics and the beginning of the semester has kept me more than busy (although I have nothing -- NOTHING-- to say about the Republican convention. I have no words to express my dismay that the Republicans have finally been brought to their knees by their right wing. I couldn't even pay attention to Sarah Palin's acceptance speech for all the shots of that poor baby being passed from hand to hand in the gallery and the crowd shrieking maniacally when she delivered the line about the pit bull and the lipstick.)

However, today the series continues with:

Applying for a job when you already have one.

About a year ago there was a significant kerfuffle in the academic blogosphere that I unwittingly stepped into by suggesting that when writing a job letter you should, if you are actually employed at the time in a teaching position, use your employer's letterhead. "No!" many shouted. "This is fraud! Stealing!" It struck me as odd that anyone would have such strong feelings about what was, after all, an inexpensive piece of decorated paper. But they did. And I then came to understand, as readers linked to other posts, that there was a raging battle out there about whether, once you have stepped on the tenure track at one institution, it is ethical to jump to another track elsewhere.

May I digress for a second? Academics are so weird. They will have high-falutin' ideas about something like this, and then explain that it is ok for Professor Wingnut to be dating his teaching assistant because "lots of people in the department do it, and many of them are now happily married." I know, you never would say this, dear reader. But others would. I've heard it.

I found it bizarre that trying to change jobs could be framed as an ethical problem. I mean, after all, this is why they call it a "job," right? As opposed to, say, indentured servitude? It's why the students call you "Professor" as opposed to, say "Sergeant," "Kulak Bastard!" or "Prisoner #447865." It's why we talk about the job market -- the word market implying some degree of free agency on all sides. In fact, having once been fired from a job at an institution other than Zenith in the midst of a political squabble (when the person who fired me was deposed, I was actually re-hired) I learned something very important. A letter of appointment is not actually a contract that guarantees you a job for the period of time stated in the letter, despite the fact that we refer to these documents as "contracts." All untenured faculty are employed "at will." This means that in exchange for giving you, the employee, the "right" to break the contract, the university also has the right to break the contract. This leads me to what I would call the two major fallacies that dominate the discussion about people who already have jobs going back on the market.

1. Applying for a job elsewhere is disloyal to your current employer and to your colleagues. Loyalty is a tricky concept to impose on a probationer to whom the university has made no commitment other than the promise of a tenure review in seven years. What it suggests is that because you have had a job bestowed on you, you must never want anything other than what that institution should provide. I would put this in the category of "like it or lump it" sentiments that would include: make a bad marriage work; don't have sex if you don't want a baby; because you have always gone to Stop N' Shop you must never buy at Costco; and you have to love your parents even if they were horrible to you. Furthermore, everyone goes "ooh!" and "ahhh!" when Big Ivy comes rolling around to rip off one of your colleagues who just wrote a prize winning book. But somehow the people who have the least -- assistant professors -- are supposed to remain grateful forever that they even got a job in the first place.

Not.

2. Going back on the market adds undue pressure to an overloaded system with too few jobs; furthermore, your current job gives you a "credential" that is an unfair advantage over others. Yeah, and that article you published in a prestigious collection puts other people at a disadvantage too. Let me just say: that there are so many fine scholars without the good jobs they deserve is one of the great tragedies of intellectual life right now. But let's blame the people who need to be blamed: the federal government, and state governments, that have slashed higher education budgets, and with them, tenure-track lines. The majority of tenure-track jobs were never in the private sector; they were created in the great expansions of public education that have been occurring since the 1850's (most prominently since the Morrill Acts of 1862 and 1890); and again after World War II. The government gaveth, and the government tooketh away.

My point is: if you go on the market you are not ripping the food from someone else's mouth. And if you get the job, presto! Your job opens for someone else! First a visitor, and then as a beginning assistant professorship.

So let's forgo judging people who might want to go back on the market, since there are as many reasons to do so as there are people, including that you might be a basically flighty person who can't commit. So what? And there are lots of serious reasons too. You might want to choose where you are going to live, rather than have it chosen for you; you might have taken a job that you knew wasn't a good fit, but your obsession with eating and paying rent got the better of your good judgement; you may be living too far from people, or a person, who you love. Perhaps your colleagues seemed nice, but turned out to be uncontrollable monsters. Who knows? Your reasons are personal, and they are yours: you don't have to explain this to the army of the unemployed. The only thing I would say is that putting your energy into a job hunt is something you need to weigh against another priority, which is getting on with your scholarly career. I have known a very few people who are so obsessed with getting a better job that they have sold themselves short in the end.

But let's say you have decided to go back on the market. What do you need to attend to?

1. Every time you apply for a job it exposes you in a way you can't control. Some of your colleagues may feel betrayed, particularly if they worked hard to bring you there and went to a lot of trouble to negotiate a great start-up package. They put a lot of work into the search, and may not be able to hide their disappointment and resentment that you don't want to be there. So you need to know that, although you can ask for your application to be confidential up to a point (and probably should), that can't be guaranteed, and eventually you may have to deal with questions. Because of this, you will need to have a story to tell your current colleagues and your prospective new employer about why you are jumping the track, and this story may or may not be the same story you are telling yourself. My blogosphere colleague rightwing prof argued in comments to this post that applicants should tell this story right up front in the job letter. I disagree with that, but I would also say that if you are successful in your quest, eventually the story will have to be told, and possibly not on your timetable. So be prepared, and frame it in a way that leaves everyone's dignity intact .

2. It is a good idea to get in touch with a friend in the department you are applying to, or with the search chair, to find out whether your application is welcome and what the implications would be for your tenure clock. When some ads say "beginning assistant professor" they really mean it, and it could be a waste of your time to apply. And if you are moving from a SLAC or a less prestigious public institution to an R-I, be prepared to turn your tenure clock back. My very own Zenith, a SLAC that has a high research and teaching standard, is asking new hires with experience to roll back the tenure clock so that they have plenty of evidence when the tenure case is eventually heard. This may not be something you are willing to do, and I think this emerging practice has particular implications for women whose baby clock and tenure clock are competing with each other.

3. Unless you are in an utterly hostile environment, you need at least one colleague as a referee to reassure your prospective employers that there is nothing worrisome about you. This might be the person to say, "We hope we can hang on to her, but her partner is employed in Big City and the commute is taking a lot out of her." Or, "While we are excited about what he adds to our department and would regret losing him, the strength your department has in Latin American history is an obvious draw that we can't compete with." And let me say -- either of these explanations could be real, or they could be cover. No future employer wants to hear that you are in flight from tenured mysoginists, or that a gay man from New York living in Nebraska can feel like a fish on a bicycle. In other words: you may be moving for personal reasons, but come up with a legitimate professional one too.

4. What if you are on the market because you feel, through no fault of your own, that your career is in danger where you are? This is a sound reason to go on the market, in my opinion, and a good place to highlight advice I have already given above. If you are lucky, you will have a colleague at your institution with whom you can discuss this, who will help you frame your strategy, who will act as a referee, and who will agree to talk to prospective employers about things that should never go on paper and that may be too painful or unprocessed for you to discuss (racism, ideological prejudice, anti-semitism, sexual harassment, an affair that went psycho, homophobia, a horrible divorce from a senior colleague.) That said, you will eventually need a story to tell, and you need to figure out how to be truthful without potentially exposing yourself to further abuse in your department. If you are already dealing with people who are unsympathetic or cruel, you don't want it to get back to them that you are saying things that they will almost surely think are not true (when was the last time one of your colleagues self-identified as a homophobe?). But don't, whatever you do, make any of these stories part of your letter of application. If all things are equal, the committee will want you as part of the pool, and as your application proceeds to more serious stages you will know how much of your story to tell and to whom. Remember: this is why we interview people. To find out more about them; to try to judge their level of maturity and intellectual depth; and to give people the opportunity to volunteer necessary information on their own terms.

Next week: For the committee -- how do you evaluate your pool?

Thursday, April 05, 2007

Zenith Confidential

Well, I have my nerve, don't I? Spreading Zenith's secrets all over the internet?

No, no, no. I am not telling more tales today. What I do want to discuss is Confidentiality. This is a talismanic phrase at Zenith, and it is part of what is at stake in unexpected publicity (internal to Zenith) about this blog, publicity that has led to recent reflections, retrenching and readjustment. Central questions have been: Do students in class have the right to think that the classroom is a confidential space, thus allowing them to speak at will without the fear that they might be misperceived? And -- my topic today -- Are the workings of a university better kept confidential, to the point where critiques of the tenure system immediately create the impression of spilling the beans, regardless of whether specific beans about specific meetings have actually been spilt?

The primal scene looks like this: there are certain kinds of meetings that you are in as an academic - usually, but not always, involving personnel cases -- where the practice is to warn everyone at the beginning that nothing said in the room will be repeated to anyone who is not already at the meeting. Usually rank serves as a boundary for confidentiality, but not always. Hiring meetings, which include the untenured, are usually presumed to be confidential as well. The logic for this is that it could cause emotional harm to the candidate to hear negative things about hirself, and that people ought to be able to express themselves freely in a personnel meeting without being concerned that their relationship with the candidate and other untenured people will be compromised. The relationships of the people in the room, of course, are fair game, but that is another matter. What is also left ambiguous is this: when there is a tenure case during a semester when a tenured person is on leave, is that person entitled to information about the case anyway because of rank, and because they are part of the ongoing work of the department?

Interestingly, concerns about confidentiality are also reflected in the political sphere. If you go to a modern Presidential archive, you will see that all kinds of memos to the Commander in Chief have been prudently removed, so that future Presidential advisors will feel free to give honest, open advice. To wit:

"From: Nanny Dick
To: POTUS

Those federal prosecutors not doing our bidding have got to go. Pronto. Don't tell that I said this or I will never give you advice again."

You get the picture?

This degree of confidentiality is impossible to achieve in the academy, in part because there is no threat of being hauled in front of a grand jury and in part because *most* academics are constitutionally unable to keep their mouths shut, particularly when they are angry about something or feel that an injustice has been done. Some people would say, "Oh Radical, it's just your sleazy friends." But that isn't true. There is one central location at Zenith that is a hotbed of faculty gossip, to the point that if you want a secret "leaked," most people know the go-to guys and gals who will get it out. And there are people who deliberately leak information who are also among the most censorious when others leak information. Again, the comparison to the political sphere is relevant.

Nanny Dick to Scooter: "Boy, if everyone knew Valerie Plame was a CIA agent, Joseph Wilson wouldn't look like such a big deal. I HOPE THE PRESS DOESN'T FIND OUT."

Later, Scooter to Judith Miller, New York Times: "Valerie Plame is a CIA agent."

Judith: "Really? Valerie Plame is a CIA agent?"

Scooter (shocked): "Gee, I didn't know that. That's classified information, and you probably shouldn't use it in a story. Keep the WMD's in Baghdad under your hat too."

Judith: "Really? There are WMD's in Baghdad?"

Now I will tell you right off the bat that one of the concerns expressed to me about this here blog was that I had let slip things about tenure cases that I not oughta hadda done. This is not the case, in fact, for reasons explained in the previous post, although I did write about my responses to certain outcomes in certain cases, that is true. And I apologize to anyone who thought sie was reading about hirself. I won't pursue this for fear of rubbing salt in it, but actually -- if everyone had the information about their own tenure cases that I would argue they are entitled to, this would not have been an issue, since it would have been clear who and what was actually being written about (me.) But this did get me to thinking about who confidentiality actually serves, in tenure and promotion cases in particular.

Guess who? You can't? It serves the institution and the people who are already tenured, not the tenure candidate at all. "I am shocked -- shocked! that there is gambling in this establishment," you cry in surprise and pain. Let me explain.

As I noted above, it is an established protocol that nothing said in the meeting should be repeated outside the meeting (this is true at all levels, from the department to the T & P) and that "breaking confidentiality" is considered to be one of the more serious breaches of the rules one can commit at any institution of higher learning. In fact, it is not a rule at all at Zenith, although people say it is; it is nothing but a gentleman's agreement, and there is nothing in the faculty handbook that mandates confidentiality -- I know because I *just checked.* Of course, since our university governance documents are on the internet and can be altered without telling anyone, I'm sure such a rule will magically appear minutes after this post goes up, but whatever.

At my institution at least, tenure regulations guarantee anonymity to referees, which means they are the only players entitled to confidentiality. But this anonymity is immediately breached by the review process. Everyone in the department knows their names (they picked them, after all); everyone on the T & P knows them; at least half a dozen administrators can identify them; and they are revealed to everyone attending the Big Meeting, where personnel decisions are reviewed and ratified. So right away, depending on the size of the department, we are talking about between 30 and 50 people (roughly 12% to 20% of the whole faculty, and 25% to 40% of the tenured faculty) who know who they are. Even the candidate knows a couple of them, because sie has the chance to name up to three.

OK, now that we have established that confidentiality is not a rule at all, it is a practice, and that referees are not anonymous, what next? Well, let's start with whether it means that if guaranteed that their identities will not be revealed to the tenure candidate, will referees really give you an unvarnished opinion of the publications in question?

The answer is yes and no, depending on the person. And having seen many tenure letters (OK -- I'm not saying in whose case, or when -- hell, maybe I found 'em in the trash at Potemkin U. when only a wee Radical) I can say firmly and truly that there are very few of our colleagues anywhere in the English-speaking world (not to mention several other languages) who are willing to write candidly critical letters. Perhaps this is for fear of law suits, and perhaps it stems from a genuine concern for the candidate, and not wanting to play a definitive role in the life of someone they don't know. Perhaps it is that slightly sleazy feeling writing a bad tenure letter must give a soul, much like the one that you get when you realize that you just spilled the beans to someone who Doesn't Want To Know That Thing, e.g. that someone's second wife is his former student, or that so-and-so is a lesbian.

Decent people cloud negative critiques in obfuscation, so that departments can have the ammo if they need it as part of a more pervasive critique of the candidate, or choose to ignore the critique if they want to make an argument to retain hir. And many referees who write positive letters out themselves in the next year or so at a conference ("Congratulations! You *know* I wrote for you!"), or are outed accidentally-on-purpose by someone who sat on the case, so that a letter for a grant can be obtained from a Famous Person. To wit:

Senior colleague: "Well, I wouldn't be surprised if Dr. Fabulous could produce a good letter for you pretty fast." (wink, wink.)

Newly promoted colleague: (thought bubble appears) "Aha."

OK. So we have established that referees are not really the beneficiaries of confidentiality either. So what is confidential? How the tenure decision is actually made.

That's right, fans of the Radical. Go back to this post and ask yourself: why are untenured people always asking us how many of this and that they need to have in a tenure dossier? Because it is the only information that is available to them, outside of two or three pages of rules in the faculty and/or department handbook. Because of confidentiality, why people do or do not get tenure is not public knowledge. And what outsiders to the process suspect is true -- decision-making in tenure cases is incredibly erratic, between departments, within departments and from year to year. I will not pursue this, for obvious reasons, but people who have sat on tenure cases will -- if they are being honest -- recognize this as A Fact. So by not allowing the untenured to see tenure cases -- heck, we could let them see the successful ones -- we reinforce their paranoia by mystifying the process. We also protect ourselves, and the institution, from litigation, by obfuscating how and why decisions are made. Thus making no "standard" for tenure apparent to anyone, much less ourselves.

Try this: ask anyone at your institution what their standard for tenure is, and see if they give a thoughtful answer. See if you can give a thoughtful answer that is not limited to empty words and phrases like "excellence" and "high standards" (how excellent? How high?) If you can, leave a comment.

In short, the problems attendant to confidentiality:

1. People can cast a vote in either direction for any reason they choose, including ignorance, fear, lack of preparation, disinterest, friendship, animus, a prejudice against the field-- and there is no accountability. And they can walk right in the next week and do it again. Why? Because they are tenured, no one can tell them not to, and anyone in the room who might believe that justice was not done is not allowed to say so in any venue that is not already part of the system.

2. The idea that tenure is a conspiracy easily takes hold among untenured faculty because -- well, an entirely secret procedure that no one explains and the practices of which are defended fanatically but are also impossible to articulate except to a group of elite insiders looks like, um, a conspiracy.

3. Even when you think the outcome is just, if it is an unhappy one, there is no explaining it to other untenured people, either for their edification in making their own professional decisions or just helping them feel better. Conversely, you can't take a great tenure case and show untenured people why it is great and how they might prepare a similar case.

4. Newly tenured people vote on tenure cases without knowing anything about process, custom or previous standards because they have no experience except the trauma of having been the object of scrutiny and secrecy in a tenure case. And if any reader comes from a university where newly tenured people are instructed in these practices, please comment about them below.

5. Confidentiality makes it impossible to counteract gossip. Gossip becomes the dominant form of information because, in reality, tenure meetings leak like a sieve. People do leave the meeting and talk, and they do it out of anger, out of self-protection, out of self-congratulation, and out of (sometimes) misplaced loyalty to and affection for the tenure candidate. I have often had conversations with people, at Zenith and elsewhere, who seem to know a great deal more about their own tenure cases than a brief update from the chair would have conveyed. And sometimes -- this is the worst -- they have wrong information, because when votes are taken, they are taken by secret ballot, so if there is a mixed vote, anyone who claims to know who voted which way is talking out of their hat. But they leave the meeting and repeat their beliefs about how people voted based on their reading of the conversation that preceded the vote. I, for example, have had the experience of hearing through the grapevine that I cast a vote that I had not cast in a particular (confidential) matter. And to correct that information would be -- well, breaking confidentiality.

What confidentiality does, then, is make sure that all untenured people are as off balance as they can possibly be for seven years, and that the tenure process itself is sufficiently mysterious that tenured people can make up their minds on a case-by-case basis without telling younger people why they do what they do. And if we were to reform -- rather than eliminate tenure, as some of my past posts have suggested -- this is where we would need to start: restoring the confidence of the untenured people in the system by making the system itself knowable.