UT Tyler Tenured Professor Accused of Hiring A Person To Teach Her Classes; New Senate Bill Complicates Firing Process

By NATHAN WITT/Editor-in-Chief

A tenured UT Tyler professor accused of hiring someone who was not employed by the college to teach one of her online classes will soon learn whether she will keep her job.

According to the university investigation cited in her termination letter, Dr. Mickie Mwanzia Koster gave someone her Canvas login, thereby providing access to grades and other protected student information. The letter was shared by Koster via X (formerly Twitter).

“After a thorough investigation, we find that you personally employed an individual who was not employed by or affiliated with the University and provided this individual with your UTT login credentials, which allowed this individual to access protected student information. The investigation confirmed that this individual used your login credentials to access information entrusted to you in the University’s Canvas LMS application and to complete training modules assigned specifically to you.”

The Oct. 16 letter from Neil Gray, the dean of the College of Arts and Sciences, stated the firing would take effect Oct. 31. 

However, according to the Texas Conference of the American Association of University Professors (AAUP), procedures governing how a tenured professor can be fired were not followed by the school. Brian Evans, interim president of the Texas Conference of AAUP, wrote in an email to UT Tyler President Kirk Calhoun Oct. 25, 

“Dean Neil Gray’s actions are in clear violation of policies and procedures of The University of Texas at Tyler and The University of Texas System as well as long-established standards of due process afforded tenured faculty.” 

The letter raised concerns that Koster was not given “an opportunity to be interviewed” or a chance to “present a grievance, in person or through a representative, to the chief academic officer.” 

President Calhoun sent the following email to UT Tyler faculty two days later:

The email does not mention Koster by name. However, at about the same time, arrangements were made for Koster to plead her case to administrators. 

“I can say with nearly 100 percent certainty that, that will be afforded to her, that we have ensured that she will be able to present her side of events in front of what’s referred to in the regent’s rule 31008 as a tribunal and she’ll get to present her response to the allegations that have been made,” Faculty Senate President Amentahru Wahlrab, Ph.D., said.

Koster does not have access to her classes nor student information while procedures governing her possible termination continue.  

 

ALLEGATIONS OF WRONGDOING

Texas Senate Bill 18, a new state law that went into effect on Sept. 1, and The University of Texas System Rule 31008 establish guidelines for why and how a tenured professor can be fired. 

SB 18 says a university can dismiss a faculty member found to have “committed serious misconduct.” 

Rule 31008 says a university can fire a faculty member if it establishes the faculty member, among other things: 

• “Continually or repeatedly failed to perform duties or meet professional responsibilities of the faculty member’s position;” 
• “Violated laws or university system or institution policies substantially related to the performance of the faculty member’s duties;”
• “Engaged in unprofessional conduct that adversely affects the institution or the faculty member’s performance of duties or meeting of responsibilities” 

These guidelines say that if the faculty member is found to have committed serious misconduct, the university must, among other things, provide the person written notice of the allegations, an explanation of evidence supporting dismissal, and an opportunity to respond to all allegations.

Koster’s termination letter on Oct. 16 accuses her of violating two University Handbook of Operating Procedures policies. 

“In accordance with Policy 7.1.4, UTT passwords must be securely maintained and may not be shared or disclosed to anyone. Each authorized user is responsible for all activities conducted using the user’s login credentials. Noncompliance can result in disciplinary action up to and including termination of employment.

Additionally, the evidence provided to us confirms your instructions to this individual to grade papers, change course material, post exams, and publish grades for UTT students. Without the consent of students, this is in violation of Policy 5.2.3.” 

Termination of employment was determined to be the appropriate disciplinary action, according to the letter. 

The letter does not address which class or classes Koster allowed someone else access to, how long the action may have been going on, or the identity of the person to whom she allegedly gave her login information. 

KOSTER 

Koster received her Ph.D. in history at Rice University. She has been a member of the UT Tyler faculty since 2011 as an associate professor of history in Africa and the African diaspora. See Dr. Koster’s page on the UT Tyler Directory.

In 2015, she was awarded the Junior Scholar Excellence Award in African Studies by UT Austin. 

This semester, she has been serving as the faculty adviser for the Phi Alpha Theta Historical Honor Society and the Graduate History Student Association.

According to History Department syllabi for this semester, she is responsible for teaching three courses, all online. Koster has offered only online classes since at least 2019, according to information on the university’s website.

The head of the history department was asked for a comment but declined. 

After Koster received her termination letter, she reached out to AAUP to intervene on her behalf.  Efforts by The Talon to reach Koster have been unsuccessful. 

THE AAUP 

The American Association of University Professors is a national organization that works to protect the rights of faculty. In its own words: “The AAUP principles on academic freedom, tenure, and shared governance are still widely regarded by faculty, college and university administrations, and governing boards alike as the ‘gold standards’ of higher education.”

The Texas AAUP Conference serves as Koster’s faculty advocate and spokesperson for her case, per her request. 

Koster, on Oct. 18, two days after receiving a termination letter, asked for a hearing by her peers and a meeting with President Calhoun, according to the AAUP. 

The Texas AAUP Conference said in its letter to Calhoun that Koster’s firing was a “clear violation of policies and procedures.”  

“The Texas AAUP Conference is deeply concerned by UT Tyler’s actions and joins the National AAUP in requesting that Dr. Koster’s termination be withdrawn immediately. She deserves, and per Regents’ Rules, is entitled to, the right to due process.”

TEST CASE

This is the first known case of a tenured professor being fired since SB 18 took effect. The original bill, championed by Lt. Gov. Dan Patrick, would have ended tenure for university faculty in Texas. Patrick has been quoted as saying that removing tenure is necessary to combat the “woke agenda” and liberal “indoctrination of students” allegedly perpetuated by career professors, Patrick said in an official statement, 

“It has become abundantly clear that some tenured faculty at Texas universities feel immune to oversight from the legislature and their respective board of regents. It is shocking that these professors, who live inside a bubble, genuinely believe they are not accountable to anyone. This behavior must not be tolerated.”

See Patrick’s full statement on passing of SB 18

However, AAUP members fear that SB 18 is “dangerously broad” and “can be weaponized by an administrator to get rid of a faculty member they don’t like.” 

The amended and passed version of SB 18 prevents Texas universities from hiring newly tenured professors. Historically, receiving tenure would guarantee job security for a professor until retirement. SB 18 also outlines 10 justifications for dismissing a tenured faculty member and creates the possibility for summary dismissal, which allows a university to immediately fire a tenured professor without providing the opportunity to dispute the accusations.

Summary dismissal assumes the faculty member is guilty until proven innocent, according to Texas AAUP.

UT System’s Rule 31008 allows for summary dismissal as long as the faculty member receives written notice of the allegations, an explanation of the evidence supporting the dismissal, and the opportunity for a hearing to respond to the allegations with a designated administrator.

Texas AAUP reports Koster did request a hearing. It was granted two days later. 

The result of this case will set a precedent for further firings of tenured professors in the state, according to Wahlrab.

WHAT’S NEXT

Koster will first be given the opportunity to plead her case to the provost, Dr. Amir Mirmiran. If Mirmiran finds the accusations more persuasive than Koster’s defense, the case will proceed to the office of the president, according to Wahlrab. 

Rule 31008 outlines the function and makeup of a hearing tribunal that can be formed if the university president sees fit. The tribunal would consist of faculty members of the same rank or higher, selected in equal parts by the Faculty Senate and university president. Such a hearing must provide the accused professor the right to cross-examine witnesses and the right to testify in defense of all accusations.

The professor is responsible for the burden of proving innocence, states Rule 31008. 

If such a tribunal is formed, it will recommend to Calhoun how to proceed following the hearing. Within 14 workdays after receiving the recommendation from the panel, Calhoun will send report to the UT System Board of Regents regarding what has happened.  

When asked for a comment from the university, Beverley Golden, the associate vice president for Strategic Communications and Media Relations, released President Calhoun’s email to the faculty, saying that due process would be followed.

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