Drake censure uncertain

UC Irvine Chancellor Michael Drake’s apology Thursday appeared to placate faculty, who backed off a no-confidence vote.

But the educators are still demanding to know why Drake, in just two weeks, hired, fired and then rehired Erwin Chemerinsky as the university’s founding dean of law.

“In life, lessons learned most painfully are often those we learn best. I learned a painful lesson this week,” Drake said as he faced more than 200 faculty assembled for an academic senate meeting. The academic senate is an elected body of educators who represent UCI faculty.

“I made a series of difficult decisions without consulting senior faculty early enough or often enough. I am sorry for this. And I apologize sincerely for the problems that have followed,” Drake said.

Drake maintained his decision to rescind Chemerinsky’s offer was his alone and he was not unduly pressured by outside forces.

Chemerinsky’s “credentials are beyond reproach,” Drake said. But the chancellor admitted he was initially uncertain Chemerinsky could transition into the role of founding dean of UCI’s law school, which is set to open in 2009.

“There was no single event or reason, but rather several reasons, some quite subtle that increased my uncertainty [of Chemerinsky],” Drake said, without offering details.

Those reservations did not go away after Drake initially hired him, the chancellor explained, which he said led him to withdraw the offer a week later.

Drake did not expect the whirlwind of criticism that ensued.

“In the days that followed it became increasingly clear that I had made the wrong choice. [Instead of defending] my mistake I set about to fix it,” Drake said.

Drake reiterated his commitment to academic freedom, and reached out to the faculty and academic senate.

Part of that reaching out involves shared governance. Drake said he will start consulting senior faculty on a regular basis.

The senate also created a review committee that will interview Drake about the Chemerinsky flap.

The committee’s task is to learn the particulars of his decisions regarding Chemerinsky and report back to the general assembly by Dec. 15. Senate Chairman Timothy Bradley will appoint the committee members.

The senate stopped short of censuring the chancellor.

Educators spent much time debating the issue, but ultimately decided to punt it. A censure may still happen, but faculty members want to spend more time on its wording.

If there was any rumbling of the much more serious vote of no-confidence by the academic senate, Drake’s apology put that to rest.

“Everyone is entitled to a mistake, even an egregious mistake,” said Ronald Miller, a UCI professor emeritus in medical ethics. “He showed great character in admitting his mistake.”

An overwhelming majority of the faculty agreed, several repeating that though Drake made a “grave mistake,” they have confidence in his integrity and leadership.

“There is not weakness in admitting mistakes and saying let’s move on,” said Ngugi Wa Thiongo, a professor of English and comparative literature.

Faculty senate members also approved a resolution reiterating the university’s obligation to academic freedom — the open expression of ideas and debate regarding their merits without fear of recrimination.

Perhaps sending a message to Drake, the public, or themselves, the resolution concludes: “We, the members of the UCI Academic Senate expect that our administration defend [academic freedom] against all pressures both internal and external to the university.”

Also on Thursday, the UC Board of Regents formally approved Chemerinsky’s hiring and his annual $350,000 salary.

JOSEPH SERNA may be reached at (714) 966-4619 or at joseph.serna@latimes.com.