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Post Info TOPIC: Faculty as Independend Contractors
LVN

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Faculty as Independend Contractors
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Dr. Peter Butko made the point that faculty are in a sense "independent contractors" and his assertion has been challenged by another poster who claims that statement proves faculty do not wish to be accountable to anyone.  This seems like an important issue.  We have previously touched on the similarities of faculty to doctors; doctors maintain their own practices, but work in hospitals under the rules and policies of the hospital.  They can be denied privileges and even suspended, but they are not really "fired" as doctors (though it's hard to practice without privileges.)  I have worked at universities, including USM, and at a medical school, where most professors are also physicians.  They are employees of the school, but they would never tolerate the level of "bossing" that goes on in a regualr university.  It is an instructive and interesting comparison nevertheless.


One important point to remeber about independent contractors, which also applies to faculty, and to business as well.  It is not true that an independent contractor is not accountable!!  If you do not produce, you do not get paid.  The operative word is CONTRACT -- you contract to do certain work, and you get money, or promotion, or prestige, or whatever you're working for, by completing those tasks.  Not every "non-productive" faculty member gets the boot, but in general, the system works to eliminate those who do not produce.



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LVN

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FS, kindly remove the entire thread.  Thank you.

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ram

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I missed the original post, but if it implied that independent contractors get a free ride, it was dead wrong. I actually remember this, but I will quote from a law dictionary out of an abundance of prudence.


Independent Contractor: A contractor who carries on an independent business and contracts to do a piece of work according to his or her own methods without being subject to the control of the employer except as to the product or result of the work.


I think the important distinction is between "methods used" and "result obtained".  If I hire someone to fix my plumbing, I better be satisfied if the results are what I want. If I try to dictate the methods used, I will deserve what I am likely to get.



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formerprof

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USM faculty, administration, and staff are employees of the State of Mississippi.  As such the state provides us with equipment, supplies, and compensation with the expectation that we will produce certain results, e.g., learning, scholarly activity, and service.  One hopes that good appointment processes will help assure that when faculty are hired they are  compatible with the institution; then wise administrators can give faculty a high degree of discretion on teaching methodology and the focus of their scholarly activities.    When all these pieces are in place, in many respects faculty are functioning as independent contractors.  As such, they are then held accountable (or should be) for the learning that occurs in their classrooms and for their scholarly productivity.


However, faculty cannot truly be independent contractors because we are members of an organization that has various objectives and obligations.  Among these are accreditations by a regional as well as various professional agencies.  When asked by an administrator for help in renewing SACS accreditation, are faculty who consider themselves independent contractors justified in responding, "I'm sorry but reaccreditation is just not on my agenda?"


Independent contractors don't reap the benefits of being part of the organization; that is, they don't receive such perquisites as health insurance and retirement plan subsidies.  And I assure you that independent contractors do not have tenure.  These expensive commitments of organizations to employees explain the popularity of outsourcing.


Faculty are members of the university community where they are employed and thereby have various attendant obligations.  The best universities are adept at giving faculty as much freedom as possible to "act" as independent contractors, while still expecting faculty help in achieving the goals necessary to carry out the institution's mission. 



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Angeline

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My take on Butko's comments is that he was saying to Thames: "back off or I'll take my grant-receiving, highly productive research somewhere else," which is exactly what labor is supposed to do in a "capitalist" system.

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LVN

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Thank you, formerprof, that is exactly the sort of sensible analysis I was hoping to evoke.  The topic was getting lost on another thread. 


The doctor/professor analogy is not perfect, but it's the only one I had any experience with.  However, the university concept actually grew out of the practice of very independent scholars holding their own classes, did it not?  It's been years since Medieval History, someone else can fill this in.



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Jameela Lares

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Faculty as IndependenT Contractors
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quote:

Originally posted by: LVN

"Thank you, formerprof, that is exactly the sort of sensible analysis I was hoping to evoke.  The topic was getting lost on another thread.  The doctor/professor analogy is not perfect, but it's the only one I had any experience with.  However, the university concept actually grew out of the practice of very independent scholars holding their own classes, did it not?  It's been years since Medieval History, someone else can fill this in."


Like most analogies, the one linking university professors to independent contractors eventually breaks down, useful though it may be in the short run. 


Universities are unique institutions, so analogies to other institutions will never quite fit. 


See e.g. the relevant paragraphs on the origins of universities in the "Schools" entry from the landmark 11ith edition of the Encyclopedia Britannica at  http://91.1911encyclopedia.org/S/SC/SCHOOLS.htm



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Outraged

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RE: Faculty as Independend Contractors
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The independent contractor model also doesn't do anything to build the reputation of a department, college, or university.  There's got to be shared vision - key emphasis on SHARED.

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Jameela Lares

Date:
Faculty as Independent Contractors--not really
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I now see that the "schools" listing is less helpful than the "universities" listing, which includes the following paragraph:


The university, in its earliest stage of development, appears to have been simply a scholastic gilda spontaneous combination, that is to say, of teachers or scholars, or of both combined, and formed probably on the analogy of the trades gilds, and the gilds of aliens in foreign cities, which, in the course of the 13th and 14th centuries, are to be found springing up in most of the great European centres. The design of these organizations, in the first instance, was little more than that of securing mutual protectionfor the craftsman, in the pursuit of his special calling; for the alien, as lacking the rights and privileges inherited by the citizen. And so the university, composed as it was to a great extent of students from foreign countries, was a combination formed for the protection of its members from the extortion of the townsmen and the other annoyances incident in medieval times to residence in a foreign state. It was a first stage of development in connection with these primary organizations, when the chancellor of the cathedral, or some other authority, began, as we shall shortly see, to accord to other masters permission to open other schools than the cathedral school in the neighborhood of his church; a further stage was reached when a licence to teach--granted only after a formal examination--empowered a master to carry on his vocation at any similar centre that either already existed or might afterwards be formed throughout Europe.


See at http://88.1911encyclopedia.org/U/UN/UNIVERSITIES.htm


Note that the difficulty of explaining our role to the present community is somewhat foreshadowed by the description of the original institution for protection again "extortion of the townsmen and the other annoyances incident . . . to residence in a foreign state."  To the extent that we are Res Publica Litterarum, the analogy there still works.


Sigh.



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MTCA

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RE: RE: Faculty as Independend Contractors
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A caveat.

Independent contractors do not get sovereign immunity protection under the MTCA if they get sued individually - a big downside to such a status.

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