The legal philosopher and legal scholar Alon Harel (Hebrew University, Jerusalem) writes:
I was asked to examine again carefully the case of Hanoch Sheinman. I was told that I was misled with respect to some of the facts. I tried to do my best to explore all the relevant facts and here are my findings. [Ed.-see Prof. Harel's earlier comments]
Let me first say that the accusations that decisions of promotion and tenure at Bar-Ilan are politicized are not new and are unfortunately based in evidence. The most famous case in which Bar Ilan used political considerations was that of Menachmen Klein, who for a long was not promoted despite his scientific achievements. I believe therefore that the academic community is justified in exploring the issue carefully. Decisions concerning promotion and tenure at Bar Ilan should be scrutinized in cases of suspicion. The suspicion is of course particularly grave in the case of Hanoch because of the threats issued in an earlier letter sent to Hanoch by his dean during the operation/war Zuk Eitan.
As I see it, the current accusations against Bar Ilan University are based on the following:
1) Bar Ilan established a mid-term review process retroactively.
2) The faculty deviated in its instructions from the instructions of the rector as the rector instructed faculties to perform the process during the third year while the implementation at the law faculty included individuals who have completed three years.
3) The implementation was inconsiderate, hasty, and unfair because it was sent to Hanoch when he was abroad, the deadline was much too short (one week) and Hanoch was also on sabbatical and had some family events which made it particularly difficult for him to meet the deadline.
I think claim 1 is not justified while there is some merit in 2 and 3.
I do not see that there is a problem in the 'retroactive procedure'. This is because the procedure of mid-term review does not impose harsher requirements for tenure. It is merely a procedure designed to provide feedback to the candidate. I do not think candidates are being made worse off as a result of this process.
On the other hand I think that the faculty unjustifiably deviated from the instruction of the rector in making a decision to extend the mid term review to people who have completed third year. Hanoch is right that the language of the rector's instruction does not apply to his case. Although I think the rector can extend the process to candidates at their fourth or fifth year, the faculty should not extend it to such cases.
I also think that given the circumstances of Hanoch at this time, the fact that he is on sabbatical abroad and the Bar Mitzva of his son all justified greater empathy than the one shown by Bar Ilan. This is particularly true given the history of his case at Bar Ilan.
I will again open comments, but will moderate for relevant substance, and edit accordingly. Only comments with a full name in the "name" line and a valid e-mail address (which will not appear) will be published.
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