Northwestern University psychologist loses tenure battle, plans to appeal

A Chicago circuit court judge ruled in late July that Northwestern University Medical School can rightfully deny psychologist Daniel Kirschenbaum, PhD, an annual salary, despite the fact that Kirschenbaum holds tenure there.

The judge, David Lichtenstein, rejected Kirschenbaum?s claim that the university breached his tenure contract when its medical school stopped his salary and ousted him from his job in 1992. Kirschenbaum not only views the judge?s decision as a personal blow, but a threat to the institution of tenure as well. He plans to appeal the ruling.

'This is potentially devastating for tenure,' he says. 'I was very shaken by it at first, absolutely dumbfounded. That?s why we?re going to appeal. The decision can?t stand up to the light of day.'

However, Alan Cubbage, Northwestern?s vice president for university relations, says the Kirschenbaum ruling is no threat to tenure. He says Kirschenbaum?s medical school-based tenure contract operates differently from the tenure contracts of Northwestern?s regular, in-house faculty. Those faculty receive a guaranteed salary, but many faculty in the medical school, Kirschenbaum included, have 'zero-based' salary contracts. This means their salary starts at zero, and each year hospital administrators determine their pay based on patient revenues, says Cubbage. He says other medical schools use zero-based salary policies as well, and Northwestern plans to keep theirs.

'This case won?t change Northwestern?s tenure policy in the medical school, and it doesn?t attack tenure anywhere else,' says Cubbage. 'We?re glad the court recognizes that the procedures we follow are legal.'

According to Cubbage, an eating disorders clinic headed by Kirschenbaum was running at a loss?a charge Kirschenbaum disputes?and that?s why his contract wasn?t renewed. Also, says Cubbage, it wasn?t the university that stopped paying Kirschenbaum, but an independent foundation that handles hospital finances.

Judge Lichtenstein upheld Northwestern?s claims, saying that Kirschenbaum?s contract was unambiguous, that the university hadn?t breached it and that its salary agreement with tenured medical school faculty in no way 'violates or offers any threat to the well respected and widely accepted ?principles of academic freedom? set forth by the American Association of University professors....'

Psychologist Danny Wedding, PhD, past-president of the Association of Medical School Psychologists, disagrees that the ruling doesn?t undermine tenure. 'In the absence of some sort of salary guarantee, tenure is a meaningless concept,' he says. 'It makes sense if all medical school faculty are being paid by the same rules, but to have some faculty guaranteed 100 percent salary support and others zero salary support isn?t fair.'

Kirschenbaum now directs the Center for Behavioral Medicine in Chicago and can no longer access grant money, labs and other academic benefits.

?B. Murray