Help Fund My Supreme Court Appeal

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John is a huge asset to UVM...exceptional, approachable, fair and challenging...students enjoy his teaching.” —  Associate Dean Patricia Corcoran, Director of UVM's Student Affairs Division.

The above words were taken from a letter written by Dean Corcoran in support of my reappointment as lecturer in the University of Vermont's Department of Economics, where I successfully taught more than 75 courses, including two Honors College seminars, to over 2,500 students between September, 2009 and May, 2017.  I began my teaching career in 1989 in Connecticut, where I was raised.

But the Chair of my department and some faculty reviewers, using exaggerated and false claims, convinced the Dean to deny my reappointment during a review in late 2016. 

Despite proving there was no factual basis for the key claims against me, my grievance before the Vermont Labor Relations Board (VLRB) was dismissed earlier this year following a two-day hearing in February. Now I'm taking the next step required to seek justice -- I'm appealing the VLRB's decision to Vermont's Supreme Court. But I need your help.

This is an important and necessary fight for our academic freedom. As Associate Dean Corcoran wrote in her letter, I am well known as being a "challenging" lecturer. To kick out a challenging, popular and veteran teacher, one who has top student evaluations, would seem to fly in the face of UVM's own values. Students have the right to hear all points of view.

In spite of this, UVM's Provost permitted a complete lack of accountability regarding the behavior of certain faculty, the Chair and the Dean of the College of Arts & Sciences. As I demonstrated to the VLRB,  exaggerated and false claims by peers and the Chair were sent to the Dean, who relied on these statements to deny my reappointment. This violated my procedural right to a fair review.

But the VLRB never addressed this evidence I provided to them. It was ignored in their written decision dismissing my grievance, which amounts to a denial of due process. 



My teaching threatened a number of powerful faculty in my department because it inspired many students to question conventional models that fail to address major public concerns -- like global warming, growing inequality and systemic market failure.

Many of the  faculty are professionally attached to these models - or do not care to fully and fairly educate students about the profound shortcomings of the standard economics curriculum and present the many alternatives . I have strived to be a challenging, interdisciplinary, unorthodox teacher and have always been embraced for it. My primary goal as an educator is to empower students to think for themselves by exposing them to a variety of economic viewpoints.

UVM's Department of Economics Chair took the lead in what UVM's highly respected Faculty Standards Committee(FSC) believes was a determined effort to remove me from the department, which was revealed by a whistleblower on the committee (entered into evidence at the VLRB).

In spite of the FSC's unanimous vote for my reappointment, UVM's Dean William Falls, who is professionally close to the Department of Economics Chair through work on some of his special committees, sided with her -- and my fate was sealed.



"One of the few heterodox lecturers in the economics department, very popular with the students, was recently purged. He used the Freedom of Information Act to access the emails discussing his firing, and it is quite obvious that his crime was to challenge the economic orthodoxy, as he has chronicled in his blog. Economics departments appear to be advocates of competition everywhere except in ideas."

     --Josh Farley, Ph.D (on the removal of John Summa from the Department of Economics at UVM)

       UVM Professor, Community Development and Applied Economics
       Fellow, Gund Institute for Ecological Economics                   



In the letter cited above, Associate Dean Corcoran also noted the following: "We are often the first folks to hear when a course is going poorly or when an instructor is perceived as weak. Conversely we are also quite likely to hear when an instructor is exceptional - and that is the case with John."

This was too much for the Chair, as it stood in the way of painting me as a "poor" teacher. I proved in front of the VLRB panel that she sought to purge Dean Corcoran's letter so that my colleagues and other faculty would never see it.

The Chair wrote in an email to Dean Falls, which I obtained through a public records request, that having the Corcoran letter in my dossier would be "awkward" for the department, mainly her, if the vote went against me. Since she had already written three extremely negative peer reviews, the Chair knew a letter from the highly respected Dean Corcoran would contradict her false characterizations of my teaching.

Dean Corcoran is "very competent" and "honest" as the Provost admitted under oath during my examination of him. And Dean Falls admitted during examination that she has interacted with thousands of students, including many from economics, so she knows the score.


Here is a sample of comments from over 700 signers, mostly students, of a Change.org petition demanding my reinstatement:  

"I took a number of insightful, thought-provoking classes from Professor Summa during my time at UVM. I not only enjoyed them, but also left each one energized and enthused to continue learning, ask questions and demand answers."  

  -- Jasper Smith, Portland, OR

"John Summa was an excellent professor, mentor and friend to me. His lectures we’re always intellectually challenging, and he was willing to go the extra mile for students who wanted to learn more."

  -- Joe Begley, Boston, MA

"John Summa is one of my favorite professors. he is an amazing teacher, very patient, and very helpful."  

  -- Alison Ambrosecchio, Stamford, CT

"I came to UVM with the hope that I would experience a diverse learning community where my preconceived notions and ideas could be challenged. Professor Summa encouraged me to question accepted economic theories, think beyond what I had previously learned, and helped create a classroom environment where no idea would be laughed away as being ‘too radical’. Silencing this kind of creative thought and preventing the spread of new ideas is not only against what I believe but seems to contradict the values shared by the University of Vermont. Professor Summa should have his contract renewed so others may be exposed to a learning environment where new and challenging ideas exist."

   -- Alan McKinnon, Burlington, VT

"This man is a phenomenal teacher and kept EVERYONE interested every class period. This is honestly a disgrace. Shame on you UVM."  

   --Jesse Schandler, Burlington, VT


With top student ratings, the Chair had to resort to false claims about my teaching to persuade faculty to vote against me -- and to convince Dean Falls to go along with the purge. It worked, so far.

But we can still bring about a just outcome if I can bring the facts to the Justices of the Vermont Supreme Court and let them apply the arguments to these facts -- arguments and facts the Vermont Labor Relations Board refused to engage and evaluate despite having them in their possession.

I need your help to cover legal costs - including attorney and filing fees, Labor Board transcript costs, and copying costs. Actually, $4,500 is a small price to pay for defending academic freedom and for standing up to bullies who must be told "you cannot do this to exceptional teachers from whom students have the right to learn".

Thank you for your support!


~ John Summa, Ph.D

(John is a 30-year veteran lecturer of economics, author, journalist, filmmaker and former nationally ranked professional freestyle skier)


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My first motion at the Vermont Supreme Court....

Thank you for your continued support.

John Summa
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Below are some extracts from a UVM administration official (who clearly sees through subterfuge). I will not reveal the person's name or exact title in order to protect the official from retaliation from UVM. Suffice it to say, this official is at a high-level at UVM, and has reviewed the factual record about my case.

UVM official:
"It is clear they [Dept. of Economics] scrutinized and targeted you because you pushed their buttons. My experience with UVM faculty is that they can be pretty vindictive with anyone who dares to question the status quo. It is very disappointing. I really hope that your appeal gets a fair hearing."

In reference to arbitrary and capricious UVM reviews of faculty, this person continues with more comments.

UVM official:
"I know of at least one case in a different department where a faculty [member] with poor student teaching evaluations and under-par peer evaluations was unanimously reappointed."

To be clear, my student evaluations were good to excellent from over 2500 students and my peer reviews were a mix of perspectives, good ones contradicting bad ones, but the chair wrote three that were outlier negative letters riddled with now proven falsehoods, distortions and can't-pass-the-smell-test statements that appear idiotic when read by any reasonable person.

UVM official:
“The chair and the dean conducted a biased, prejudicial evaluation of the record [my dossier]... If you do a public records request for all reappointments of the last 3 years, you’ll find at least one reappointment that ignored both student teaching evaluations and peer evaluations, as well as departmental guidelines. The point is if the chair and your colleagues 'like you', they find excuses to pass you. If they dislike you, they go out of their way to scrutinize you. I think you’ve proven that the peer reviews were prejudicial…”

Too bad the Labor Board found "no evidence" of such behavior. As I argue, they had the evidence but chose to ignore it, which is one part of my appeal.

Meanwhile, I will do one more public records request for the reappointment decision documents (dean's evaluation statements) of the past three years, or since Dean Falls (who denied my reappointment, taking the chair's side) came on board.

Let's see what hypocrisy we can find, or in legal terms arbitrary and capricious decision making by Dean Falls, who wrongfully denied my reappointment and took the Chair's side (who he is involved with on a number of his special committees).

It will make for excellent content to contrast with misleading statements under oath by the Provost and Dean -- statements at the Labor Board hearing, that is (was were filmed in HD with two cameras by a professional videographer hired by me and fought over in a motion by UVM to ban cameras at a public hearing -- needless to say they lost).

I will start editing together a film doc about my ordeal shortly after the Supreme Court appeal is done.

Thank you for you continued support!

John Summa
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UVM has failed to answer my new public records request and is now in violation of VT's Public Records Act. My appeal to the President of UVM, Thomas Sullivan, will most likely result in denial (more stonewalling). This will result in me filing a civil complaint in Superior Court to compel production of public records requested. I am seeking documents that show UVM violated its own rules and during my Labor Board grievance hearing supplied misleading documents instead of current guidelines for evaluating teachers. Meanwhile, as the photo attached below shows, my Supreme Court brief is in writing stage and should be finished soon, although I will motion for an extension of time to complete it. Thank you for your continued support and concern about my case.
John Summa
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Update 9/10/2018....UVM President now claims responsive public documents "don't exist". Before filing my civil complaint in Superior Court, I am giving UVM one more chance with an absolutely air tight request so they cannot come to court and claim they were "diligent" in their search for requested records (of course, the records they chose to focus on, as the following "new" request makes clear)

Thanks for your continued support. See truncated new request below.

Dear Mr. Derr,

The definition of a “public record” is very broad and includes “any written or recorded information, regardless of physical form or characteristics, which is produced or acquired in the course of public agency business.” 1 V.S.A. § 317(b).

Under this definition, any paper or electronic document, including email (and attachments), computer files, or other digital document, image or recording produced or acquired by a municipality or a municipal officer in the course of municipal business is generally a public record and cannot be destroyed.

Furthermore, such information that fits into the above statutory definition is a public record even if it is sent from a personal email address, texted to a personal iPhone, or stored on a personal computer (Toensing v. The Attorney General of Vermont, 2017 VT 99).

Therefore, I am responding to your email from August 27 where you claim that "records requested [in my August 10, 2018 public records request] do not exist”, a conclusion you claim was reached after “conducting a diligent search” and which President Sullivan, under appeal, claims is true. Yet, UVM’s response is focused on only one or two documents requested, thus imposing a narrow and literal interpretation on my request despite my clarification of the nature of the documents sought.

Therefore, so there is no confusion, I am now submitting to you a “new” public records request (since you prefer until now to respond to a very narrow interpretation of my previous request). As noted to you previously, substantial proof exists that there are responsive records in your possession that pertain to the Provost’s memo of 9/23/2014 (here again attached; “Evaluation of Teaching Performance” and submitted to you previously) regarding new "models" and new or plans for new college-wide "guidelines" for evaluating faculty in and outside the Dept of Economics annually and in RPT.

Given the above, you have made it necessary to request ALL of the following pursuant to my rights under Vermont’s Public Records Act: These all fit the definition of public records, as outlined above, and thus cannot be destroyed, pursuant to the VT Pubic Records Act.

1. All electronic and hard copy communications and documents pertaining or related to Provost Rosowsky’s memo dated 9/23/2014 (see attached COD.Evaluations.9.23.14_Provost_New Eval Approach.pdf (1,057K).

a) This request includes any public records related or pertaining to Provosts memo dated 9/23/2014 located on UVM servers or private email servers from or to Provost Rosowsky and all deans and faculty (including chairs and directors).

b) This request includes all attachments related or pertaining to Provost memo dated 9/23/2014 located on UVM servers or private email servers from or to Provost Rosowsky.

c) This request includes all attachments related or pertaining to Provost memo dated 9/23/2014 to/from any UVM or private email communications between Chair Solnick and Dean Antonio Cepeda-Benito or Dean William Falls or other faculty/persons.

i.) Search terms to be used for electronic and other digital media:

“Annual evaluation”
“Annual evaluation guidelines”
“Performance evaluation”
“Faculty evaluation”
“Peer assessment”
“Faculty assessment”
“Faculty evaluation guidelines”
"Teaching evaluation guidelines in economics"
"Faculty evaluation guidelines in economics"

2. All official or informal notes/documents and approved or unapproved plans related to annual evaluations and teaching evaluations that were created in response to Provost Rosowsky’s memo dated 9/23/2014, or in response to instructions provided by deans to chairs, chairs to deans/directors, and deans/chairs pursuant to Provost Rosowsky’s memo of 9/23/2014.

a). This request includes all hard-copy documents and electronic media associated with, or referenced by, the following Google search listings:

i.) www.uvm.edu/cas/forchairs/handbook/?Page=workload.html
Apr 30, 2015 - Name; Rank; Appointment Type (normally 9-months for CAS faculty) ... in the chairs' meetings in April to discuss annual faculty evaluations.

Note: When the above link is clicked the following message appears:
“Access forbidden! You don't have permission to access the requested object. It is either read-protected or not readable by the server. If you think this is a server error, please contact the webmaster, and refer to request W5ZYEITGZSgAADQeR7IAAAA5.
Error 403 www.uvm.edu Apache/2.4.6 (Unix)”

ii.) www.uvm.edu/cas/forfaculty/?Page=casstrat_facperf.html&SM=newinitsub.html
Jun 5, 2015 - The Guide does not attempt to represent the only pathway to the review and revision of performance evaluation guidelines. There may be other ...

Note: When the above link is clicked the following message appears: Login to sharepoint.uvm.edu:443

iii.) www.uvm.edu/cas/forchairs/handbook/?Page=annual_perf_reviews.html
(faculty member's annual activity form, faculty member's CV, Chair's ...

Note: When the above link is clicked the following message appears:
“Access forbidden! You don't have permission to access the requested object. It is either read-protected or not readable by the server. If you think this is a server error, please contact the webmaster, and refer to request W5ZYEITGZSgAADQeR7IAAAA5.
Error 403 www.uvm.edu Apache/2.4.6 (Unix)”

iv.) www.uvm.edu/cas/forfaculty/casstrat_files/reg_annual_perf.pdf
Table of Contents. A Guide to Review and Revise Annual Faculty Evaluation Guidelines ... CAS Governing Principles to Assess Teaching .

Note: When the above link is clicked the following message appears:
“Access forbidden! You don't have permission to access the requested object. It is either read-protected or not readable by the server. If you think this is a server error, please contact the webmaster, and refer to request W5ZYEITGZSgAADQeR7IAAAA5.
Error 403 www.uvm.edu Apache/2.4.6 (Unix)”

The requested page " https://www.uvm.edu/cas/public_files/cas_teaching_effectiveness.pdf" could not be found.

Note: Link was found at http://www.uvm.edu/provost/?Page=teachingevaluationplans.html
“School/College Plans for the Evaluation of Teaching Performance”

3. All deans’ and directors’ digital and hard copy document submissions to Provost Rosowsky of teaching evaluation practices pursuant to his request in his memo of 9/23/2014 and other communications from the Provost to the Board of Trustees (see attached report dated May 15, 2015 sent to the Educational Policy and Institutional Resources Committee; see Provost's Report May 2015.pdf (299K) ) and memo to the UVM academic community (see attached memo dated February 2015: “Light on the Hill”; see Provost update- Across the Green Feb 2015.pdf (313K)).

Full text has been truncated due to space contrasts of 7500 words.
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