Nona Gerard, associate professor of theatre arts at Penn State Altoona, may be fired from her job because she criticized Penn State's Integrative Arts program.

Closed hearings, held at University Park on Jan. 5 and 6, will continue on Jan. 23 and 24 to determine Gerard's fate. On Aug. 11, Gerard received an 11-page letter from William Cale, dean and chief executive of Penn State Altoona, charging her with "failure to perform" and "grave misconduct," Gerard said.

Cale's letter explained that "Gerard's destructive behavior has included public attempts to discredit the validity of the IA degree, repeated attempts to sabotage the College's efforts to establish a dance curriculum ... "

He also wrote that Gerard, " ... makes accusatory and derogatory remarks to and about the IA faculty... "

Cale said Penn State policy HR23 allows for Gerard's termination if "adequate cause" is found. HR23 states that a "lack of competence or failure to perform in relation to the functions required by the appointment, excessive absenteeism, moral turpitude, or grave misconduct."

But James Lieber, Gerard's attorney, cited Penn State policy AD47, noting "professors have an articular obligation to promote conditions of free inquiry and to further public understanding of academic freedom."

Gerard said allegations made by Cale were untrue.

"I gave Dean Cale a three-page list of things I've done. Some weeks, I've worked 70 to 80 hours. [The failure to perform charge] is absurd to me," Gerard said. "He says I have created a hostile work environment. I would beg to differ."

Gerard, an actress and tenured professor, has admitted to criticizing areas of Altoona's four-year integrative arts degree since 1999; however, she says her statements are protected by First Amendment rights. Gerard said she was cautious about providing an art degree option because there is "a chronic lack of space" and lack of properly trained faculty.

"For plays, students had to rehearse in dorm lounges, hallways, and lobbies," Gerard said. "I can't look a student in the eye and tell them they are getting what they should be getting. ... I have complained a great deal about the structure of the integrative arts program, but nothing I considered a breach of academic integrity or freedom of speech."

Lieber said that to his knowledge, this has never happened at Penn State.

"This is extraordinary," Lieber said. "To see this in a large, public university is quite unusual. Many who advocate academic freedom and the First Amendment are watching this closely."

However, Cale said he does not view this as a First Amendment issue.

"We at PSU are deeply committed to free speech and academic freedom. We do not view this case as violation of those rights," he said.

Gerard is confident that she the case will be decided in her favor.

"If they listen to facts, I will win. If I don't win, though, there will be a federal lawsuit filed," Gerard said. "I'm extremely frustrated, hurt and angry. My lawyer bill is over $80,000. If they can do this to a tenured professor, they can do this to anyone."

The Standing Joint Committee on Tenure, composed of two administrators and three tenured faculty members, is currently reviewing Gerard's case. The committee will produce a report for Penn State President Graham Spanier, who will decide Gerard's future, Robert Secor, vice provost for academic affairs, said.

Cale said Gerard's future as a professor rests with the university.

"In the law, tenure is a property right. One's tenure/position can not be taken away without due process," he said.

Clay Calvert, associate professor of communications and law, said he did not want to speculate on the case, but added what he believed tenure meant.

"Tenure brings the idea of academic freedom and the idea of criticizing policies with which they aren't privy to, without the fear of repercussions," Calvert said.

Lieber said tenured professors are supposed to have permanent positions and be able to speak out. He outlined four reasons tenured professors can be fired: if a professor commits a serious crime, has sex with a minor or supervisor, becomes extremely unproductive or breaches academic integrity.

Former student Maggie Weber (junior-journalism) said the charges are unfair.

"Nona was an excellent professor," Weber said. "It's sad that is happening to her. If she has reasons to change the program, the university should listen to her about it."

Cale said he was confident Spanier would make a wise decision.

"All of us would like to see the fairest trial. I know that in the end, the fair and correct outcome will be reached," he said.