The United Faculty of Florida and its UF and Florida State University chapters filed a federal lawsuit Aug. 7 seeking to reverse a 2023 state law banning neutral arbitration.
Under Senate Bill 266 enacted in 2023, faculty may not appeal beyond the level of the university president or university designee for “faculty grievance procedures” and evaluations involving tenure, promotions, disciplinary actions or termination.
The law has faced numerous challenges, including a July 30 state lawsuit that alleges it violates the Florida Constitution for mandating post-tenure review at Florida public universities.
Meera Sitharam, UFF-UF’s chapter president, said the goal of the lawsuit is to reinstate arbitration. She said neutral arbitration existed before the law was passed — a third-party, instead of the university president, is typically appointed to make a decision between the university and a faculty member.
“That's normal practice, but the state took that away unilaterally,” said Stan Kaye, a volunteer on UFF-UF’s grievance council. “I don't really understand what problem the state is trying to fix by writing a law that tries to short circuit the use of arbitration in conflicts and disputes.”
The lawsuit, which targets the Florida Board of Governors and both UF and FSU’s boards of trustees, said SB 266 conflicts with the 1925 Federal Arbitration Act and is a violation of the Supremacy Clause in the U.S. Constitution.
Robin Goodman, UFF-FSU’s chapter president, said arbitration is a fundamental right guaranteed under federal law.
“It's very unjust,” Goodman said. “It just puts all of the power into one side, and the other side has to just submit to whatever the opponent says.”
A state judge rejected requests June 21 to dismiss another lawsuit filed in state court challenging the law’s arbitration ban.
“The Florida Board of Governors Office does not comment on pending litigation,” wrote Cassandra Edwards, a Board of Governors representative, in an email.
Contact Timothy Wang at twang@alligator.org. Follow him on X @timothyw_g.
Timothy Wang is a junior journalism student and the Fall 2024 Santa Fe College Reporter. He was the University Administration reporter for Summer 2024. His hobbies include gaming or reading manga.
