Debate as to whether MSU administrators can override strides by tenured faculty of the MSU College of Law to remove Dean Terence Blackburn continue, while some say the problem reveals a broader struggle about conflicting policies between the law college and the university.

A majority of the tenured faculty members at the law college submitted a statement of objection in April to Provost Kim Wilcox saying Blackburn should be removed from his position as dean. A letter to the Law College Board of Trustees with similar statements followed on May 11.

Within the memorandum, the American Bar Association, or ABA, standards were referenced, stating the faculty's right to remove the dean because of extenuating circumstances.

Robert Banks, MSU's associate provost and vice president for academic human resources, said he thinks the issues coincide with the college's transition as a private institution to becoming part of the university.

"From my perspective, I think the largest issue has to do with the question of policy and practice," Banks said.

Since the college — formerly known as the MSU-Detroit College of Law — joined the university, Banks said faculty members brought up several concerns, prompting administrators from both the college and the university to make clarifications as to who would be the governing authority in particular situations. Banks said these discussions, "have never come to fruition," making the current conflicts within the college more challenging to resolve.

But some faculty members disagree.

"The present difficulty at the law school — it is the opinion of those that voted against the dean — has to do with the deanship, not with any confusion about which policies apply, and not with any ambiguities created by the intersection of policy as it relates to the dean's functions," law Professor Susan Bitensky said.

Wilcox received another memorandum stating two-thirds of the law faculty voted against a contract renewal for law professor in residence Catherine Dwyer. Since then, Banks said the university plans to give her a one-year contract renewal regardless of the faculty's sentiments.

Dwyer is Blackburn's spouse, and she started teaching at the college when he was appointed as dean six years ago. She has taught several courses in the college including business enterprises — a core class all law students must take to pass the bar exam.

ABA standards were referenced in the memorandum that supported the faculty's authority to make decisions regarding curriculum within the college.

According to ABA Standard 204(b), "the dean and faculty shall formulate and administer the educational program of the law school, including curriculum; methods of instruction; admissions; and academic standards for retention, advancement, and graduation of students; and shall recommend the selection, retention, promotion, and tenure (or granting of security of position) of the faculty."

At a faculty meeting on June 7, 13 out of the 20 faculty members in attendance voted against Dwyer teaching the business enterprises course.

Both Dwyer and Blackburn are out of town and were not available for comment.

Banks said the university and law school faculty are trying to come to an understanding to make agreements and confirm policies.

"There's a marriage here, but there's a subtle underlay that has to be worked out," he said. "There are a lot of particular details that have to be worked through — there are differences of view and opinion."

Third-year law student Stephen MacGuidwin said he and other law students were disappointed that they were uninformed of the situations going on within the college, and he is disappointed the student voice hasn't been consulted.

"More than anything, the general student perception is not knowing what's going on," MacGuidwin said.

From what he has heard through news reports, MacGuidwin said he thinks the issues are a result of conflicting priorities within the college.

"It's unfortunate, but it feels like it's growing pains because the tension is between a dean who's been there for quite a bit of time, and I think a lot of faculty have different ideas of the direction of the law school," he said. "I think this is a major by-product of those growing pains."

To work through the faculty's concerns regarding the dean, Banks, Wilcox and law college President Clifton Haley have met with the faculty to discuss specific grievances.

With this, Banks said, the challenge is sorting out the problems when few people are speaking up.

"You have a very small number of voices talking on behalf of 40 faculty (members) — nowhere close to 40 have commented on the issues at play in the situation," he said.

Banks said the next step in figuring out whether the dean will be removed or not, and putting a finger on specific concerns with his leadership, includes bringing in outside facilitators.

Between concerns voiced by the faculty and the question of which established policies play a role in the college, Banks said it can be difficult to separate the issues from one another.

"All of these things sort of mix in together," he said. "It's hard to say whether this is a direct cause of that, but all of the issues are at play at pretty much the same time."