Penn State's Standing Joint Committee on Tenure issued a report Thursday recommending the dismissal of associate professor Nona Gerard for "grave misconduct."

However, the Penn State Altoona professor was cleared of the charge of "failure to perform" by the committee.

The committee, which consisted of professors Martin Trethewey, Gordon DeJong, and Jill Fields and deans Judy Olian and Susan Welch, voted 3-2 that Gerard "be terminated for adequate cause based on grave misconduct."

Penn State President Graham Spanier has 30 days from last Thursday to decide whether to revoke her tenure and terminate her employment.

The report said Gerard did not fail to perform because she "continued to carry out her ongoing responsibilities ... is a gifted director ... and devotes significant energies to community service."

However, the report said Gerard "demonstrates difficulties accepting supervision."

The report also said, "the hostile communications of Professor Gerard go beyond what is permitted as free speech."

The report said actions are not related to gender or sexual orientation discrimination.

Penn State Altoona Dean William Cale brought charges against Gerard in August after she admittedly criticized parts of Penn State's Integrative Arts program. The Standing Joint Committee on Tenure attended closed hearings throughout January at University Park to determine Gerard's fate.

Last month, Gerard described the courtroom as an "extremely professional and friendly" environment and felt she was able to show evidence against the claims.

"The committee was asking very good questions," Gerard said. "I hope [the committee] will remember that burden of proof is on the university because they didn't prove their case. They not only distorted and misrepresented the situation; the dean didn't do his research. We wouldn't have been there if he had.

However, Robert Secor, vice provost for academic affairs, stood by the committee's recommendation.

In an e-mail message Sunday, Gerard said she was "disappointed" in the Joint Committee's decision.

"This hearing was to be my due process and it was severely compromised on numerous regards," she said. "As this was an internal hearing, I was never counting on fair play, but I expected more than this from a university I have given my excellent service to for 15 years."

Gerard added she was concerned about a "lack of even-handedness" during the hearing, and said the decision "does not well serve the cause of academic freedom" or the university.

She also said, in the event Spanier approves her dismissal, she will take the matter to court on the grounds of gender discrimination and First Amendment rights.

"It is all in her rights to go to court," Secor said.

In an e-mail message, university spokesman Bill Mahon said Penn State officials could not comment.

"This is a personnel matter and our policies in such cases are similar to most other institutions," he said. "We don't discuss the particulars of such cases."

Secor said he expects Spanier to make a quick decision.

"I don't know how long it will take, but he shouldn't take too long," he said. "The president will review it carefully and a decision will be made."

Cale did not return several phone calls seeking comment.