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particular classification of faculty member is under consideration, by others, in
other contexts.
"So, in that sense, it is something that is being looked at, as I judge it, in
several places in the country and other Universities. The question, of course, is:
what procedure should be followed?
"The one thing that the Code provision tried to do — and let me say to you
that in 1957, when that particular language was drafted, I asked the
then-President of the AAUP here in the University at Chapel Hill, along with, I
think there were five or six other faculty members, to submit the procedure that
they felt would be fair and would be the proper one to have the Trustees look at.
What you are familiar with grew out of that particular faculty committee, which
Was headed by Mr. Henry Brandis, who, if you don't know it, was head of the
Law School here and a strong believer in academic freedom.
"It was his committee that drafted this particular section of the Code, and I
carried it from that committee's deliberations to the Board of Trustees and
requested its enactment. That's the way it got to where it is. I want you to know
that it was a faculty-conceived document, at the time."
Journal: "Okay, sir. We'll try to bring that to light."
Friday: "I can't recall who else was on it (faculty committee), but I can recall
that because it was something that I really wanted to get done so that the
faculties of all our campuses would know, in writing, what the policy of the
University was going to be in terms of declared policies that should be there with
reference to academic freedom.
"That was the way it evolved back there fourteen or fifteen years ago."
Journal: "You know, it comes down to application at the individual
Universities and it seems that we've been lax here... and this is only an indication
(Jordan). As long as this question is before the courts, and it is before so many
Universities, it is essential that, as much as North Carolina can, in our University,
(we) strive to be in the leadership. If there is an injustice, if our ovyn policies
aren't quite in alignment with today's thinking, let's line them up. That's all we're
(roping to speak to."
Friday: "There are actually two considerations — and this is based on a rather
superficial inquiry — I've said that when an appeal, if it comes to me, I will take
time out to, with my colleagues, examine it carefully.
"But, there are really two things here. One is that the prescribed pror^ures
(lave met with due process, the guarantees in terms of an appeal, and that's what
I'm reassuring you on; and, then, a substantive judgment about it.
"It might be that a look by a representative Trustee group would have to be
taken at this since it is the Board of Trustees' prescribed policy, which you know,
but I'm just re-stating it for you.
"So those are the two issues that would ordinarily arise and I don't..."
Journal: "Do you believe, in the area of due process, as it has come up before,
that it involves a man being able to adequately defend his position, the
knowledge, the preknowledge of the accusations? That is, as we understand the
idea of due process, that's almost necessary for due process to work."
Friday: "Well, that's what I meant by saying to you that the document, as it
exists, was drawn and the procedure therein prescribed by this faculty group, to
ififlect, what in their judgment, was the answer to your question. And that was
Ihe reason I carried it forward. They felt that, in the application of those
Particular procedures, due process would be accorded. That s why I ve l>een very
careful..."
Journal: "In a sort of spirited application, if you take into account spirit o
justice, equal justice, this type of thing... you have to have good faith and goM
ii'ill in the people who are following an admittedly open-ended type of Code,
''''(lich is, in a sense, necessary."
Friday: "I don't want you to construe anything I'm saying as in any way a
judgment on Mr. Jordan because I really don't know the facts of his case, am
Pot involving myself in this at all at this point. I will wait for when it comes
through the regular process to see if it will come. I m trying to say to you that in
'the spirit of justice,
equal justice...'
prior experience, involving both student and faculty petitions, that what we've
tried to do, as best we know how, is to insure that what anyone would recognize
as the essentials of due process requirements were accorded. And that would
certainly be the case in any situation involving a tenure petition or a petition like
this one, if it ever comes."
"But, I don't want you to print anything or in anV way relay anything that
would be construed in the slightest as any pre-judgment on my part about Mr.
Jordan. I am very careful in all these cases to wait until I have the record before
me."
Journal: "I agree, sir."
Friday: "You'd do the same I'm sure."
Journal: "We'd try. I just want you to know we're going to try to stay with
this as much as we can and, I assure you. I'll do everything I can to keep it open.
We're trying to publicize it... we don't want it to be a detrimental thing, but we
feel it is essential to our questioning of this to bring it to attention. We intend to
invite several members of the Charlotte-area Board (of Trustees)... the people who
live around Charlotte... and several legislators to come into our meeting on March
1st, so we can talk about the question.
"Should it come up (at the Board, Legislature), they will be, hopefully,
informed of a particular case — let’s say the Code has to be revised. They’ll have
some first-hand knowledge of what it means and how we feel about it, in a
particular instance."
Friday: "That's certainly your privilege, but. I'll just have to await the regular
process of a petition from here on until I see what's really in this case."
Journal: "Yes, sir. One of the problems, again, is we have... there are no time
limits on this sort of thing, and we are somewhat afraid that... we have no idea
when an appeal answer will be forthcoming and that puts us a little on edge."
Friday: "Do you know, as a matter of fact, whether he (Jordan) has formally
petitioned the Administration in proper procedure?"
Journal: "Yes, sir. In the meeting yesterday, he informed us that he had
written, on February 1st, a letter to Vice Chancellor McEniry indicating a request
for a formal appeal of the decision... telling him that it had started through the
department chairman... and he received notification back from Dr. McEniry that,
as of February 4th, I believe. Dr. McEniry was recognizing the fact that he was
making an appeal of his (McEniry's) decision."
Friday: "All right. That tells me something I didn't know.”
Journal: "That's just what we were able to determine yesterday."
Friday: "Thank you, Mike, for calling. I do appreciate it."
Journal: I enjoyed talking with you, sir. I know you are very busy. Thank
you."
Friday: "I hope to see you sometime when I’m there."
Journal: "I'd like to very much."
Friday: "We'll talk some."
Journal: "Thank you."
Friday: "Good-bye."
Journal: "Good-bye."