Situation
Professors Nason Murray and Kathleen O’Donnell are married to each other and members of the same department. Professor O’Donnell is senior to Professor Murray and chair of the department. She chairs the departmental executive committee, the committee legally charged with making personnel decisions. Professor Murray is about to be considered for tenure.
Questions
- What are some of the ways that Professor O’Donnell might fulfill her duties as chair and act ethically with regard to the upcoming tenure decision?
- Does Professor Murray have any ethical obligations in this situation?
- What, if any, are the obligations of the members of Executive Committee in this matter?
Discussion
Professor O’Donnell should recuse herself from the case and ask the Executive Committee to make other arrangements to ensure that Professor Murray’s case is heard in an equitable manner. If the Chair would usually act as case manager, the Executive Committee, in consultation with Professor Murray, could appoint one of their own members, to act as case manager. This should, of course, be someone who is not prejudicial and who can be expected to be even-handed. Professor O’Donnell should discuss the case with no one who could be in a position to make a judgment about the case and should leave the room when the case is discussed. In order to facilitate their own unbiased decision-making and the comfort of both Professors Murray and O’Donnell, the Executive Committee might ensure that the tenure decision be the only agenda item for the meeting at which the decision is to be made. In that way Professor O’Donnell will have no reason even to be in the vicinity when the decision is being made.
