Department of Civil and Environmental Engineering
College of Engineering
5500 Campanile Drive
San Diego, CA 92182-1324

Date:  April 16, 2013

To:  Dr. Elliot Hirshman, President
       Dr. Nancy Marlin, Provost

Re:  Search for faculty position VPAA 2013-14-8, Department of Civil, Construction, and Environmental Engineering

We are writing to you under the provisions of the California State University Chacellor's Executive Order No. 929, dated January 6, 2005, and the related §8547.1 of the California Government Code. As members of the search committee for the above referenced faculty position, we would like to bring to your attention several issues that have transpired in the course of the above referenced search. We believe that these issues reveal procedures that run counter to the SDSU Faculty Recruitment and Hiring Procedures, which require objectivity, consistency, and rationality in the faculty search process. The following are the facts, to the best of our knowledge and belief:

  1. The search was prompted and initiated by an explicit desire and request by Dr. Edward Beighley, a former faculty member, to return to a position from which he had resigned two years earlier. Acting on this request, Dr. David Hayhurst, Dean of the College of Engineering, informed the faculty at the Fall 2012 retreat that Dr. Beighley was coming back -- even before a search committee was formed. Thus, a member of the College administration stated publicly, a priori, what the outcome of the search was going to be, prior to its inception. This is not only not objective, but it is also inconsistent with established practice, where the outcome of the search is not known until its completion.

  2. The committee has learned from the department chair and from Darrell Irwin, the College's resource manager, that the position is to be only partially funded, or even wholly unfunded, by the university in the first two years. Yet this important piece of information was not disclosed clearly to all the candidates and did not appear in the job announcement. Only Dr. Beighley appears to be aware of this requirement. To an independent observer, it looks as if the position was created with the objective of rehiring Dr. Beighley, who, ostensibly is the only one who can meet the substantial funding requirement. This procedure is not objective, because it predetermines the outcome by favoring one candidate above all the others. It also presupposes knowledge of Dr. Beighley's ability to fund this position.

  3. We have shared our concerns with Thom Harpole, Director, Employee Relations and Compliance (see attached memo), but were referred back to Dean Hayhurst, who is the source of the problem. We do not feel that this is an appropriate remedy.

The concerns expressed above demonstrate procedural errors and omissions that have led to a search that is fundamentally flawed and cannot be repaired at this stage. The main flaw is that the outcome appears to have been predetermined prior to the search taking place. Accordingly, we believe it to be in the best interest of the university and of all the candidates that the search be cancelled and a new search be initiated, following regular procedures. This action will guarantee compliance with the SDSU Faculty Recruitment and Hiring Procedures, ensuring that the process is objective, consistent, and rational.

Respectfully,

___________________________                     ___________________________

Dr. Victor M. Ponce                                            Dr. Janusz Supernak
Professor of Civil Engineering                            Professor of Civil Engineering

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