NEW YORK – One year after a militant from Connecticut spread panic by driving a bomb-laden SUV into the heart of Times Square, New Yorkers, tourists and even the street vendor who alerted police to the smoking vehicle still descend on "The Crossroads of the World" as if it never happened.
But behind the scenes, the New York Police Department and other law enforcement agencies still watch for and worry about the next terror plot against the city, something they say is certain to come. Experts say that while al-Qaida remains a threat, the admitted would-be bomber in the Times Square case represented a modern breed of homegrown terrorist — one with perhaps less formal training and fewer resources than the Sept. 11 attackers, but with equal audacity and a willingness to stage smaller strikes that still have the power to paralyze a city.
More: http://news.yahoo.com/s/ap/us_times_square_car_bomb
Times Square Bomber – Background
By Jim Castagnera
On May 1, 2010 a mounted New York City Police officer was notified of a smoking car, a dark blue Nissan Pathfinder SUV, parked in Times Square. Inside the car were “eight bags of an ‘unknown substance’ and a pressure-cooker-type metal pot containing a ‘bird's nest of wires and M-88 firecrackers’” as well as “three propane tanks weighing between 15 and 17 pounds… [and] two full five-gallon gasoline containers.” The car was determined to contain a bomb that had ignited but failed to explode, and the materials were quickly dismantled without causing any casualties. Tests later found the substance to be “non-explosive grade fertilizer incapable of blowing up,” but the intent was clear. Someone had meant to kill a lot of people.
Two days later, thirty-year-old Faisal Shahzad was arrested as he boarded a flight to Dubai at John F. Kennedy International Airport. A naturalized U.S. citizen since April 2009, Shahzad was born in Pakistan and, after admitting to planning an attack on Times Square, he told investigators that he had trained in Pakistan at a terrorist camp in preparation. In court Shahzad proudly stated, “I want to plead guilty 100 times over.” But why?
Born of a wealthy family in northwestern Pakistan and the son of senior military officer, Shahzad had a privileged childhood, “tended to by chauffeurs, servants, and armed guards,” and while he identified proudly with his Pashtun heritage, he lived in many different places. He attended primary school in Saudi Arabia and several schools in Pakistan. By the time Shahzad entered high school his family had moved to Karachi, a large city in the south of Pakistan:
By then, Pakistan had plunged into chaos. As political instability and sectarian violence roiled the country, many Pakistanis blamed the United States. After propping up the Pakistani military dictator, Gen. Mohammad Zia ul-Haq, in the 1980s, the American government was now imposing hefty sanctions in retaliation for Pakistan’s nuclear program. The economy stalled as anti-Americanism spread.
Mr. Shahzad came of age during Pakistan’s state-sponsored jihad against India’s military in the breakaway region of Kashmir — a conflict that granted legendary status to Pakistani jihadists. “We used to see the mujahedeen as heroes,” said one graduate of Mr. Shahzad’s high school, who, like others interviewed for this article, spoke on the condition of anonymity for fear of retribution. “When I look back, I think, ‘What was I thinking? What were we all doing?’ But in that era, it made sense. We all wanted to do something.”
It is unclear how formative these events were for Mr. Shahzad, who continued to lead a somewhat sheltered existence, living with his family in a neighborhood of stately homes fringed by palm trees and bougainvillea. His school, located on a military base, taught the same rigid curriculum — with an anti-Western slant and a strict form of Islamic studies — imposed nationally by General Zia.
After high school Shahzad attended Greenwich University. He was a mediocre student, but determined to finish his degree in the United States. He transferred to the University of Bridgeport in 2000, where more than a third of the university’s students were foreigners. There, Shahzad had a wide social circle, unlike most Pakistani students who tended to socialize together exclusively, and he showed little interest in Islam. According to a fellow Pakistani student, “Back then, it was all about fast cars and becoming something.”
However, Shahzad’s anger against America was well known to his fellow students. During the 9/11 attacks on the U.S. a classmate recalled Shahzad watching footage of the attacks and saying, “They had it coming,” and, “If these people come to my land, it’s not going to be good.” He seemed to believe that Western countries had conspired to harm Muslims.
In 2002, after he graduated from the University of Bridgeport with a degree in computer applications and information systems, Shahzad once again seemed focused on his future in the U.S. He held down a good job at the Elizabeth Arden cosmetics company in Stamford, Connecticut while attending night classes at Bridgeport and eventually earning a master’s degree. In 2004 he married Huma Asif Mian in an arranged marriage. He seemed settled, though he complained about the fact that his employer never raised his salary above $50,000. Due to his marriage to a naturalized U.S. citizen, he himself was granted American citizenship on April 17, 2009.
Around that time, Shahzad became noticeably more religious. He began praying five times a day, attending mosque, and pressuring his wife to wear a hjiab and to move back to Pakistan with their two children while he looked for a new job in the Middle East. During a visit to Pakistan in July of 2009, Shahzad asked his father for permission to fight in Afghanistan, which his father denied with increasing concern. Shahzad told officials that it was during that same visit that he trained with the Pakistani Taliban in North Wazirstan to learn how to build a bomb that he planned to detonate in the United States.
Legal Proceedings and Trial
“Based on what we know so far, it is clear that this was a terrorist plot aimed at murdering Americans in one of the busiest places in our country,” said Attorney General Eric Holder. Seemingly pleased and proud to confirm this preliminary assessment, Shahzad admitted to his part in the attempted bombing and was cooperative with the investigation, providing a wealth of useful information. He willingly pled guilty to the ten counts charged against him, all the while smiling and once replying to the judge, “Allahu Akbar” (or “God is great”). He exhibits no remorse for his attempted crimes in a transcript of his court sentencing:
THE COURT: Mr. Shahzad?
THE DEFENDANT: Yes.
THE COURT: I think you should get up.
Have you read the pre-sentence report?
THE DEFENDANT: Yes.
THE COURT: Have you discussed it with your lawyer?
THE DEFENDANT: Yes.
THE COURT: Is there anything in the pre-sentence report that contains an error that you would like to bring to my attention?
(Defendant conferred with counsel)
THE DEFENDANT: Yes.
THE COURT: What is that?
MR. WEINSTEIN: Do you have an objection to it or not?
THE DEFENDANT: No.
THE COURT: Very well. Then I will hear anything you want to tell me and anything your lawyer wants to tell me in connection with sentence.
THE DEFENDANT: OK. My statement should take about five minutes to ten minutes, and I hope that the judge and the Court will listen to me before they sentence me. In the name of Allah, the most gracious, the most merciful, this is but one life. If I am given a thousand lives, I will sacrifice them all for the sake of Allah fighting this cause, defending our lands, making the word of Allah supreme over any religion or system. We Muslims don't abide by human-made laws, because they are always corrupt. And I had a firsthand experience when on the second day of my arrest I asked for the Miranda. And the FBI denied it to me for two weeks, effecting harm to my kids and family, and I was forced to sign those Mirandas. The sentence by the judge will not mean anything to me, for how can I be judged when the Court does not understand the suffering of my people. They don't understand my side of the story, where the Muslim life of is no value. Therefore, the only true judgment will be on the day of resurrection when Allah will judge between me and you as to who is fighting for the just cause. So decree whatever you desire to decree, for you can only decree regarding the life of this world. The crusading U.S. and NATO forces who have occupied the Muslim lands under the pretext of democracy and freedom for the last nine years and are saying with their mouths that they are fighting terrorism, I say to them, we don't accept your democracy nor your freedom, because we already have Sharia law and freedom. Furthermore, brace yourselves, because the war with Muslims has just begun. Consider me only a first droplet of the flood that will follow me. And only this time it's not imperial Japan or Germany, Vietnam or Russian communism. This time it's the war against people who believe in the book of Allah and follow the commandments, so this is a war against Allah. So let's see how you can defeat your Creator, which you can never do. Therefore, the defeat of U.S. is imminent and will happen in the near future, inshallah, which will only give rise to much awaited Muslim caliphate, which is the only true world order. Soon the bailout money which is holding your fragile economy will run out and soon you will not be able to afford the war costs.
THE COURT: Do you want to comment in any way in connection with sentence?
THE DEFENDANT: This is all coming towards the common -- towards the sentence, to how I support myself in the whole, what's my motivation for this whole.
THE COURT: All right. You became a naturalized American citizen some years ago, isn't that right?
THE DEFENDANT: Yes.
THE COURT: Not very long ago.
THE DEFENDANT: Yes.
THE COURT: When was that?
THE DEFENDANT: I think it was April last year.
THE COURT: Last year. Didn't you swear allegiance to this country when you became an American citizen?
THE DEFENDANT: I did swear, but I did not mean it.
THE COURT: I see. You took a false oath?
THE DEFENDANT: Yes.
THE COURT: Very well. Is there anything else you want to tell me?
THE DEFENDANT: Sure. I am ashamed that I belong to a slave country like Pakistan, who has accepted the slavery of the West from the day it was born. Bush had made already clear when he started the war on us, on Muslims, he said, You are either with us or against us. And so it's very clear for us Muslims, either we are with the mujahideen or we are with crusading losing Christians. There is no in between. Blessed the immigrants and the leader Sheikh Usama Bin Laden, who will be known as no less than Saladin of the 21 century crusade and blessed be those who give him asylum.
THE COURT: How much do know about Saladin as you called him.
THE DEFENDANT: What do I know about him?
THE COURT: Yes.
THE DEFENDANT: He was the one who fought the first crusade from the western European countries.
THE COURT: He didn't want to kill people.
THE DEFENDANT: He wanted to liberate --
THE COURT: He was a very moderate man.
THE DEFENDANT: He liberated Muslim lands from the Jewish crusade, Christian crusade. And that's what we Muslims are trying do, because you're occupying Iraq and Afghanistan, under the pretext of democracy and freedom. We don't want that. We already have Sharia law, law given by Allah. We don't need human-made laws.
THE COURT: All right. Thank you. Does your lawyer want to add anything?
THE DEFENDANT: I just want to finish off. I just have like one, two minutes more.
THE COURT: Very well.
THE DEFENDANT: If you don't mind.
THE COURT: I will listen to what you want to tell me in connection with sentence.
THE DEFENDANT: Sure. This is towards the end. So, the past nine years the war with Muslims has achieved nothing for the U.S., except for it has waken up the Muslims for Islam. We are only Muslims trying to defend our people, honor, and land. But if you call us terrorists for doing that, then we are proud terrorists, and we will keep on terrorizing until you leave our land and people at peace. But if you don't, then I remind you that we have watches and we have time. We will defeat you with time. And before I end my statement, I want to give you the last message, which is the message of truth. So that when you meet Allah on the day of resurrection you will not be able to say nobody gave you the message. The message is there is only one God, the lord of the universe, Mohammed, who is the last messenger and prophet, the Holy Koran is the last revelation to mankind, which obligates by its gospel to embrace Islam and become Muslims and save yourselves from the total pain of the last day.
(Defendant spoke in another language)
THE COURT: Very well.
THE DEFENDANT: Thank you.
THE COURT: Does counsel have anything to add?
MR. WEINSTEIN: Your Honor, I think as I informed the court in the letter about two weeks ago, Mr. Shahzad has asked that I say nothing.
THE COURT: Very well. You may be seated.
THE DEFENDANT: Thank you.
THE COURT: I assume the government has nothing to add?
MR. McGUIRE: We do, your Honor, briefly.
THE COURT: I don't think it is necessary.
MR. McGUIRE: Your Honor, if I may just briefly, just as --
THE COURT: A long time ago when I was an assistant United States Attorney, we did not think it was the function of the prosecutor to be heavily involved in sentence.
MR. McGUIRE: Very well, your Honor.
THE COURT: The one thing I would like the government to explain is what the forfeiture provisions mean. I don't understand them.
MR. McGUIRE: The government's not seeking forfeiture in this case, your Honor.
THE COURT: Very well. I'm glad to hear that because I do not understand the language of the forfeiture provision in the indictment. So you are withdrawing that I take it?
MR. McGUIRE: That's correct, Judge.
THE COURT: Very well. I have myself examined the pre-sentence report very carefully, and I do adopt the guideline calculation of the probation officer. But I also examine with care the factors to be considered in imposing a sentence that Congress has enacted in Section 3553 of the Criminal Code in setting sentence. A number of the counts carry mandatory sentences, but nevertheless I have, as the law directs me, considered the nature and circumstances of the offense and the history and characteristics of the defendant. The sentence imposed must reflect the seriousness of the offense and the history, and the sentence should promote respect for the law and provide just punishment for the offense. It must also afford adequate deterrence to criminal conduct to those who would be inclined to follow the example of this defendant, and, very important, to protect the public from further crimes of this defendant and others who would seek to follow him. The defendant has repeatedly expressed his total lack of remorse and his desire, if given the opportunity, to repeat the crime. So there is really no basis here for me to believe that somebody who falsely swore allegiance to this country, who swore to defend this country, who took oath a year ago to defend this country and to be loyal to it, has now announced and by his conduct has evidenced that his desire is not to defend the United States or Americans, but to kill them. Those are all serious matters that I must take into consideration in setting sentence. There are ten counts in this indictment, and there are three counts of mandatory life in prison.
MR. McGUIRE: Your Honor, I'm sorry to interrupt. I believe there's one count of mandatory life in prison, which is Count Six.
THE COURT: Thank you. In any event, Count Six requires life imprisonment. Counts One and Two and Four and Five and Nine and Ten provide for penalties of up to life in prison.
MR. McGUIRE: Your Honor, Counts Nine and Ten have a 20-year statutory maximum. Those can be up to 20 years' imprisonment. The other counts your Honor named do have a life maximum sentence.
THE COURT: There are a few counts which have 20 years in prison as maximums. Those are Counts Nine and Ten. Seven and Eight have penalties of up to ten years. At this time I set as your sentence life in prison.
THE DEFENDANT: Allahu akbar.
THE COURT: I am really not inclined, even though the statute so provides, to have sentences following life in prison. It is the height of technicality for me to have sentences consecutive to life in prison. To the extent that it has any meaning, I adopt the requirements of the statutes, but I do not set any period of supervised release because no release is permitted. I want my sentence to be real, not fictitious, not formulaic. What you have done here, although happily the training you sought in making bombs was unsuccessful and you were unsuccessful in your effort to kill many Americans, you have made it plain that all of the factors that I mentioned before require that you be incarcerated for life. Accordingly, that is the sentence of the Court. Is there anything further?
MR. McGUIRE: Your Honor, while understanding that it is a technical matter, and I understand your Honor's point with respect to sentence, the government would just request that the sentence per count as it would be reflected in your Honor's judgment be stated for purposes of the record. There is a proposed --
THE COURT: Very well. On Counts One and Two I sentence you to life in prison each, separately.
THE DEFENDANT: Allahu akbar.
THE COURT: I understand that you welcome that. On Counts Three, Four, and Five I also sentence you to life in prison. What I hesitate to say is they shall run consecutively. On Count Six, life in prison is mandatory. On Counts Seven and Eight, the statute requires ten years on each count, or permits ten years on each count, and those will run concurrently with the sentence on Counts One, Two, Nine and Ten. On Counts Nine and Ten I set 20 years on each count to run concurrently with Counts One and Two, but the overriding sentence is life in prison. You are a young man, and you will have a lot of time to reflect on what you have done and what you have said today and in the past.
THE DEFENDANT: My sentence, if you allow me to speak, will be only for the limit that God has given me life in this world. But if you people don't become believers, the life that you would get in the hereafter, which you don't believe in, will be forever. So I'm happy with the deal that God has given me.
THE COURT: Very well. Is there anything further?
MR. McGUIRE: Your Honor, with respect to sentence, stating the special and any mandatory conditions of supervised release.
THE COURT: Thank you, yes. There is a mandatory assessment of $1,000, which you are required to pay. It is not a penalty, but it is collectible as if it were. The conditions of supervised release I will not go through because I consider supervised release here a meaningless technical fiction. You appear to be someone who was capable of education, and I do hope that you will spend some of the time in prison thinking carefully about whether the Koran wants you to kill lots of people.
THE DEFENDANT: The Koran gives us the right to defend, and that's what all I'm doing.
THE COURT: I see. All right. Is there anything further?
McGUIRE: Your Honor, the defendant should be advised of his right to appeal the sentence.
THE COURT: Thank you. That is correct. You have a right to appeal this sentence. If you wish to do so, you should discuss it with your lawyer. Within ten days he must file a protective notice of appeal for you, so you can then argue to the Court of Appeals, the next level of court, that your sentence is in error. Very well. There is no forfeiture sought, so I will ignore the forfeiture provision of the indictment. It has been withdrawn. You are now excused.
(Adjourned)
Accomplices and Co-Conspirators ?
Initially Shahzad claimed to have acted alone, but ultimately more than a dozen people were arrested in connection to the plot. He later said that he had met members of Lashkar-e-Taiba, a group responsible for the attacks on the Indian city of Mumbai in 2008. He also said that he was “inspired to take up the cause of al Qaeda and radical Islam by the internet messages of Anwar Al-Awlaki.” Attorney General Holder stated, “The Pakistani Taliban was behind the attack. We know that they helped facilitate it. And I suspect that we are going to come up with evidence which shows that they helped to finance it. They were intimately involved in this plot.” President Obama’s counterterrorism advisor, John O. Brennan, also stated, “He was trained by them.” Brennan added, “He received funding from them. He was basically directed here to the United States to carry out this attack.”
Grassroots terrorism has become an increasing worry. In a recent video, alleged Al Qaeda Spokesman Adam Gadahn urged “wannabe terrorists” to create their own attacks against Americans, as this October 2010 FBI report asserts:
(U) Adam Gadahn, Al Qaeda's AmericanMouthpiece, TellsWannabe Terrorists to Go it Alone, Urges Attacks in theWest (The Daily News, 23 OCT 2010; AFP, 23 OCT 2010)
(U) Californian Adam Gadahn, Al Qaeda's American mouthpiece, urged wannabe terrorists in a new video to act alone instead of trying to join cells attempting 9/11-type spectacular strikes. Gadahn, also known as Azzam the American, was born in 1978. He is a native of southern California and has appeared in several videotapes for Al-Qaeda since 2004. Wearing a shaggy beard and with an AK-47 rifle within reach, Gadahn hailed Hasan, Abdulmutallab and Times Square bomber Faisal Shahzad, who also acted
alone on behalf of the Pakistani Taliban. Gadahn urged individual violent jihad in a 40-minute tape, which endorsed an Al Qaeda ally's call last week for sympathizers to mimic the Ft. Hood killings and attempted bombings over Detroit last Christmas and in Times Square in May. "To my Muslim brothers residing in the states of the Zio-Crusader coalition ... know that Jihad (holy war) is your duty as well," Gadahn said in a the Arabic language video. He addressed Muslims in "emigrant communities like those which live on the margins of society in the miserable suburbs of Paris, London and Detroit, or are from those arriving in America or Europe to study in its universities or seek their daily bread in the streets of its cities …"You have an opportunity to strike the leaders of unbelief and retaliate against them on their own soil, as long as there is no covenant between you and them," he added in the 48 minute, 20 second video, produced by Al-Qaeda media arm As-Sahab.
(U) Gadahn urged Arabs to launch "heroic operations similar to the invasion of the American consulate in Peshawar and the bombing of the Danish embassy in Islamabad," in their cities and capitals. However, "it is obligatory to avoid harming Muslims and destroying their properties" when carrying out such attacks, he said in Arabic, with the video providing English subtitles. Six Pakistanis were killed in an April attack on the US consulate in the northwestern Pakistani city of Peshawar. In June 2008, a car bomb exploded outside the Danish embassy in Islamabad killing at least eight people, including a Dane, and wounding about 27 others. Gadahn also called on Muslims to attack "American military bases spread across the (Arabian) Peninsula, the Gulf, the Levant countries and elsewhere... like the one carried out by Major Nidal Hasan," the US Army psychiatrist accused of opening fire on colleagues at Fort Hood, Texas, killing 13.
(U) The message is significant because Osama Bin Laden's operational goal has long been to kill hundreds, if not thousands, in simultaneous multiple attacks on US targets with cells of extremists – and Gadahn speaks for Al Qaeda. In October, the Yemeni spin-off of Bin Laden's terror network, Al Qaeda in the Arabian Peninsula, released a slick 74-page online "magazine" called "Inspire" with essays by Yemeni-American imam Anwar al-Awlaki urging individual jihad. The Gadahn tape and AQAP publication were obtained by the SITE Intelligence Group.
(U) The Gadahn tape may be evidence of Al Qaeda, under massive pressure in Pakistan's tribal areas from a CIA drone blitz, being emasculated if it's giving a stamp of approval to AQAP's call for "lone wolf" attacks, one expert said. Awlaki was in contact with and inspired Army Major Nidal Hasan, accused of murdering a dozen at the Texas base, and Umar Farouk Abdulmutallab, the underwear bomber who almost blew up a plane Christmas Day last year. The AQAP how-to manual offered suggestions for individual mass murder, such as gunning down feds atWashington lunchtime eateries and welding blades to the grill of a large truck to "mow down" crowds on a street. "Here you are in the battlefield, just like the heroes before you," said Gadahn, who is under federal indictment for treason.
What we have here is a classic case of Leaderless Resistance ala Tim McVeigh and the ALF/ELF eco-terrorists. Awlaki hides out in Yemen, while disseminating his poisonous message via the Internet. Receptive Muslims, such as Shahzad --- as well as the Fort Dix Six and the Fort Hood shooter--- act either entirely on their own or after reaching out to Al Qaeda operative in Yemen, Afghanistan, Pakistan or elsewhere for training, seed money and other support.
This is global terrorism on the cheap. Also it is a devilishly difficult challenge for law enforcement and national security assets to meet. As I explore more fully in the Conclusion, these two elements of Islamic jihad’s new direction in America posed the grave temptation to use the techniques of entrapment to ferret our and forestall these so called “terrorist wannabe’s.”
Thus far, as I contend in the Conclusion, our courts have acquitted themselves admirably, according due process to defendants who were among the most heinous and unpopular in U.S. history. While severely sentencing those found guilty of terrorist acts, the courts have curbed the worst abuses of the Bush administration.
This record is not without blemishes. If and when a Shahzad should succeed, where he and his ilk have so far failed, will our courts succumb to the temptation of adding more blemishes to the 21st century judicial record?
Friday, June 3, 2011
At NAFSA's annual conference in Vancouver, a plenary speaker asks...
‘The End of Internationalization?’
June 3, 2011
VANCOUVER, B.C. – Is the internationalization of higher education suffering from a midlife crisis? Jane Knight, a professor at the Ontario Institute for Studies in Education at the University of Toronto, posed that question during a standing-room only session provocatively titled “The End of Internationalization?” Thursday at the NAFSA: Association of International Educators conference.
More: http://www.insidehighered.com/news/2011/06/03/international_educators_debate_the_why_behind_their_profession
A Primer on International-Student Visas, by Jim Castagnera
10.1 A Short Overview of International-Student Visas
The USCIS issues three general types of non-immigrant student visas:
1. The F-1 visa is issued to international (alien) students who typically intend to study in the United States for several years and earn a degree.
2. The J-1 visa is issued to international students who are exchange visitors to the United States, studying at an American university for a semester or two and then returning to their home institutions to complete their studies.
3. The M-1 visa is similar to the F-1 but is issued to international students studying at post-secondary trade schools.
All post-secondary schools that admit international students must track these students on the Student and Exchange Visitor Information System (SEVIS), a computer database accessible only to designated school officials and responsible officers. In the words of ICE, “Student and Exchange Visitor Program (SEVP) acts as the bridge for varied government organizations which have an interest in information on foreign students. SEVP uses web-based technology, the Student and Exchange Visitor Information System (SEVIS) to track and monitor schools and programs, students, exchange visitors and their dependents throughout the duration of approved participation within the U.S. education system.
“SEVP collects, maintains and provides the information so that only legitimate foreign students or exchange visitors gain entry to the United States. The result is an easily accessible information system that provides timely information to the Department of State, U.S. Customs and Border Protection, U.S. Citizenship and Immigration Services and U. S. Immigration and Customs Enforcement.”
http://www.ice.gov/sevis/
Under SEVIS, non-immigrant aliens seeking to attend a U.S. college or university as a degree-seeking student must pass through a five-step process:
• Apply to and be accepted by an SEVP-certified school.
• Be able to pay for the cost of schooling and living expenses while in the United States and furnish proof of sufficient funding to the school. Nonimmigrant students have limited work opportunities, so unless the school has promised an on-campus job, nonimmigrant students should not expect to work to pay expenses.
• Attend school full-time (except for Mexican or Canadian residents who live at home and commute to a United States school within 75 miles of the U.S. border.)
2. When a school accepts a nonimmigrant applicant, it issues a Form I-20 for initial attendance. Prospective nonimmigrant students may apply to more than one SEVP-certified school but must choose one and use the Form I-20 from that school when applying for a visa.
3. After receiving the Form I-20, the prospective nonimmigrant student must pay the SEVIS I-901 fee at www.fmjfee.com.
4. The prospective nonimmigrant student must then obtain a student visa from an embassy or consulate abroad or, if from a visa exempt country such as Canada or Bermuda, apply for admittance at a U.S. POE.
5. After obtaining an F-1 or M-1 visa, the prospective student may apply for entry into the United States through a U.S. POE no more than 30 days prior to the program start date on the student’s Form I-20.
Post-secondary schools covered by F-1 visas include:
• Kindergarten through 12th grade (K-12) private schools
• Public high schools (Nonimmigrant students are limited to a maximum of 12 months at a public high school.)
• Colleges and universities to include 2-year community colleges
• Fine arts schools and conservatories
• Seminaries
• Language training schools
• Other schools that provide instruction in the liberal arts or the professions.
Schools coming under the M-1 visa are:
• Community or junior colleges that offer technical or vocational instruction
• Post secondary vocational or business schools
• Vocational or other nonacademic high schools.
The visa-applicants proof of acceptance to one of these schools is the Form I-20, typically issued by the institution’s admissions office via SEVIS.
The Form I-20 is an official U.S. government form. A prospective nonimmigrant student must have a Form I-20 issued by an SEVP-certified school in order to become F-1 or M-1 student. Only an SEVP-certified school can issue a Form I-20 to students that have been accepted for enrollment. It acts as proof of acceptance and contains the information that is needed to pay the SEVIS I-901 fee; apply for a visa or change of status, and admission into the United States. The Form I-20 has the student’s unique SEVIS identification (ID) number on the upper right hand side directly above the barcode. SEVIS ID numbers are an N followed by 9 digits.
If the student fails to report as anticipated on the issuing-institution’s campus, the responsible institutional officer, such as the director of international programs or a member of the school’s legal department, must cancel the I-20 on SEVIS, categorizing the applicant as a “No Show.” The burden then call on ICE to pursue the matter further if the agency so desires.
10.2 The International Student’s Right to Work
The answer to whether or not an international student is permitted to work while studying in the U.S. is a qualified, and complicated, “yes.” Some of the main circumstances under which such students may work are:
• They may work on campus at the institutions they are attending, provided they have Social Security numbers.
• After one academic year, F-1 students are allowed to apply for Optional Practical Training (OPT). OPT is available on a full- or part-time basis with third parties, including private corporations, provided the job relates to the course of study pursued by the student. Students typically reserve their period of OPT eligibility (one year full-time or two years part-time) for after graduation.
• F-1 students also may work for third parties off campus if they can establish an economic hardship that did not exist at the time that they were issued visas to attend school in the United States.
• After one academic year of university attendance in the United States, an F-1 student may be permitted to work for a third-party employer off campus under a university-sponsored program of Curricular Practical Training (CPT). Typically, a bona fide CPT program must be for college credit and be an integral part of the student’s curricular requirements. Use of CPT typically does not prevent subsequent use of OPT.
The Social Security Administration requires that an F-1 visa holder applying for a Social Security number present the following four documents:
1. A valid passport;
2. A valid INS Form I-20, issued by the university he or she is attending;
3. A valid F-1 visa; and
4. An offer letter from the prospective employer (which usually will be the university the student is attending).
The Administration is then required to provide the local office or sub-office of the U.S. ICE agency an opportunity to review and approve the application. This requirement sometimes can result in a lengthy delay in the issuance of the Social Security number, although most applications are successfully processed within a couple of weeks. Delays can sometimes be overcome by employer recourse to the office of the local congressional representative, which typically has a staffer charged with assisting constituents in such matters.
Should you wish to hire an F-1 student to work in your office, lab or other facility, issues of which to be mindful include:
• Number of hours they can work
• Type of employment
• Need to maintain F-1 status
• Tax and social security implications
• Reporting changes in employment and hours worked
• Have a letter from each employer concerning the nature of the job and the work hours
• Give the student a letter for social security purposes certifying that the job qualifies as on-campus employment and that the student is in F-1 status
• Keep records on the student’s employment in the school files; and
• Terminate the student’s SEVIS record if the student engages in any unauthorized employment or works hours in excess of those allowed
F-1 students can begin working as much as 30 days before the start of classes. They should have permission from you before they begin work.
If an F-1 student finishes one program (such as a Bachelor’s Degree) and starts another program at the same campus, he or she may continue on-campus employment as long as he or she plans to enroll for the next term.
The job has to be physically located on the school’s campus or off-campus at the site of an educationally affiliated organization. Employment on-campus has to be for the school or for a company that contracts with the school to serve students directly. For example, if your school contracts with a food service company, F-1 students can work for the company at school facilities. However, they cannot work for the same company at any off-campus locations.
F-1 students cannot work for a company:
• Contracting with the school for something other than student services, or
• does not contract with the school, even if they are physically located on school property.
For example, they cannot work for a construction company even if the job site is on the campus. However, F-1 students can work for an educationally affiliated company, such as a school bookstore, even if it is not located on campus.
In the case of off-campus locations, educational affiliation means the location is associated with the school's established curriculum or related to contractually funded research projects at the post-graduate level.
Concerning Optional Practical Training after graduation, most international students seeking OPT employment opportunities with American corporations have hopes of remaining in the United States and in the employ of these American companies. The one-year OPT commitment enables the employer to ascertain the alien worker’s suitability for long-term employment with the firm. In instances where the relationship has proved promising, the company’s human resources department can sponsor the alien worker for an H-1B visa. The H-1B visa, if obtained, is good for three years with the possibility of a single renewal period of like length. From there, the alien-employee typically will apply for permanent residency (i.e., a “green card”).
International students holding F-1 visas must meet the following requirements to qualify for OPT:
• The student can apply no sooner than one academic year after commencing his or her U.S. studies.
• The student must apply before completing those studies.
• The application is sent to the USCIS service center with jurisdiction over the university where the student is studying.
• The applicant need not have a specific job offer in hand at the time of application, but must express intent to pursue a job opportunity related to his or her course of study.
• The applicant must have maintained unbroken F-1 status while in the United States and must hold a valid passport and INS Form I-20.
10.3 Other International-Student Visa Categories
The M-1 category, as noted above, includes students in vocational or other nonacademic programs, other than language training. Approval for the attendance of nonacademic students may be solicited by a community college or junior college that provides vocational or technical training and awards associate degrees; a vocational high school; a trade school; or a school of nonacademic training other than language training. Employment rules under this category are approximately the same as under the F-1 visa.
The J-1 (Exchange Visitor) visa is a different animal altogether. While USCIS oversees the F-1 and M-1 visa process, the U.S. Department of State deals directly with J-1 visas, which cover a wide range of non-immigrant aliens, including visiting scholars and professors, as well as exchange students, who typically are in the U.S. for a semester or an academic year at most. Often these exchange students come to our institutions under one-for-one exchange agreements under which we reciprocate by sending our American students to study abroad at the sister institution.
The State Department’s Exchange Visitor Program is carried out under the provisions of the Mutual Educational and Cultural Exchange Act of 1961, as amended. The purpose of the Act is to increase mutual understanding between the people of the United States and the people of other countries by means of educational and cultural exchanges. International educational and cultural exchanges are one of the most effective means of developing lasting and meaningful relationships. They provide an extremely valuable opportunity to experience the United States and our way of life. Foreign nationals come to the United States to participate in a wide variety of educational and cultural exchange programs.
The Exchange Visitor Program is administered by the Office of Exchange Coordination and Designation in the Bureau of Educational and Cultural Affairs. The Internet website for information on the Exchange Visitor Program is http://exchanges.state.gov/education/jexchanges. At the conclusion of their program Exchange Visitor program participants are expected to return to the home countries to utilize the experience and skills they have acquired while in the United States.
In carrying out the responsibilities of the Exchange Visitor Program, the Department designates public and private entities to act as exchange sponsors. Designated sponsoring organizations facilitate the entry of foreign nationals into the United States as exchange visitors to complete the objectives of one of the exchange visitor program categories, which are:
Au pair
Camp Counselor
Student, college/university
Student, secondary
Government Visitor
International Visitor (reserved for U.S. Department of State use)
Alien physician
Professor
Research Scholar
Short-term Scholar
Specialist
Summer work/travel
Teacher Trainee
http://travel.state.gov/visa/temp/types/types_1267.html
June 3, 2011
VANCOUVER, B.C. – Is the internationalization of higher education suffering from a midlife crisis? Jane Knight, a professor at the Ontario Institute for Studies in Education at the University of Toronto, posed that question during a standing-room only session provocatively titled “The End of Internationalization?” Thursday at the NAFSA: Association of International Educators conference.
More: http://www.insidehighered.com/news/2011/06/03/international_educators_debate_the_why_behind_their_profession
A Primer on International-Student Visas, by Jim Castagnera
10.1 A Short Overview of International-Student Visas
The USCIS issues three general types of non-immigrant student visas:
1. The F-1 visa is issued to international (alien) students who typically intend to study in the United States for several years and earn a degree.
2. The J-1 visa is issued to international students who are exchange visitors to the United States, studying at an American university for a semester or two and then returning to their home institutions to complete their studies.
3. The M-1 visa is similar to the F-1 but is issued to international students studying at post-secondary trade schools.
All post-secondary schools that admit international students must track these students on the Student and Exchange Visitor Information System (SEVIS), a computer database accessible only to designated school officials and responsible officers. In the words of ICE, “Student and Exchange Visitor Program (SEVP) acts as the bridge for varied government organizations which have an interest in information on foreign students. SEVP uses web-based technology, the Student and Exchange Visitor Information System (SEVIS) to track and monitor schools and programs, students, exchange visitors and their dependents throughout the duration of approved participation within the U.S. education system.
“SEVP collects, maintains and provides the information so that only legitimate foreign students or exchange visitors gain entry to the United States. The result is an easily accessible information system that provides timely information to the Department of State, U.S. Customs and Border Protection, U.S. Citizenship and Immigration Services and U. S. Immigration and Customs Enforcement.”
http://www.ice.gov/sevis/
Under SEVIS, non-immigrant aliens seeking to attend a U.S. college or university as a degree-seeking student must pass through a five-step process:
• Apply to and be accepted by an SEVP-certified school.
• Be able to pay for the cost of schooling and living expenses while in the United States and furnish proof of sufficient funding to the school. Nonimmigrant students have limited work opportunities, so unless the school has promised an on-campus job, nonimmigrant students should not expect to work to pay expenses.
• Attend school full-time (except for Mexican or Canadian residents who live at home and commute to a United States school within 75 miles of the U.S. border.)
2. When a school accepts a nonimmigrant applicant, it issues a Form I-20 for initial attendance. Prospective nonimmigrant students may apply to more than one SEVP-certified school but must choose one and use the Form I-20 from that school when applying for a visa.
3. After receiving the Form I-20, the prospective nonimmigrant student must pay the SEVIS I-901 fee at www.fmjfee.com.
4. The prospective nonimmigrant student must then obtain a student visa from an embassy or consulate abroad or, if from a visa exempt country such as Canada or Bermuda, apply for admittance at a U.S. POE.
5. After obtaining an F-1 or M-1 visa, the prospective student may apply for entry into the United States through a U.S. POE no more than 30 days prior to the program start date on the student’s Form I-20.
Post-secondary schools covered by F-1 visas include:
• Kindergarten through 12th grade (K-12) private schools
• Public high schools (Nonimmigrant students are limited to a maximum of 12 months at a public high school.)
• Colleges and universities to include 2-year community colleges
• Fine arts schools and conservatories
• Seminaries
• Language training schools
• Other schools that provide instruction in the liberal arts or the professions.
Schools coming under the M-1 visa are:
• Community or junior colleges that offer technical or vocational instruction
• Post secondary vocational or business schools
• Vocational or other nonacademic high schools.
The visa-applicants proof of acceptance to one of these schools is the Form I-20, typically issued by the institution’s admissions office via SEVIS.
The Form I-20 is an official U.S. government form. A prospective nonimmigrant student must have a Form I-20 issued by an SEVP-certified school in order to become F-1 or M-1 student. Only an SEVP-certified school can issue a Form I-20 to students that have been accepted for enrollment. It acts as proof of acceptance and contains the information that is needed to pay the SEVIS I-901 fee; apply for a visa or change of status, and admission into the United States. The Form I-20 has the student’s unique SEVIS identification (ID) number on the upper right hand side directly above the barcode. SEVIS ID numbers are an N followed by 9 digits.
If the student fails to report as anticipated on the issuing-institution’s campus, the responsible institutional officer, such as the director of international programs or a member of the school’s legal department, must cancel the I-20 on SEVIS, categorizing the applicant as a “No Show.” The burden then call on ICE to pursue the matter further if the agency so desires.
10.2 The International Student’s Right to Work
The answer to whether or not an international student is permitted to work while studying in the U.S. is a qualified, and complicated, “yes.” Some of the main circumstances under which such students may work are:
• They may work on campus at the institutions they are attending, provided they have Social Security numbers.
• After one academic year, F-1 students are allowed to apply for Optional Practical Training (OPT). OPT is available on a full- or part-time basis with third parties, including private corporations, provided the job relates to the course of study pursued by the student. Students typically reserve their period of OPT eligibility (one year full-time or two years part-time) for after graduation.
• F-1 students also may work for third parties off campus if they can establish an economic hardship that did not exist at the time that they were issued visas to attend school in the United States.
• After one academic year of university attendance in the United States, an F-1 student may be permitted to work for a third-party employer off campus under a university-sponsored program of Curricular Practical Training (CPT). Typically, a bona fide CPT program must be for college credit and be an integral part of the student’s curricular requirements. Use of CPT typically does not prevent subsequent use of OPT.
The Social Security Administration requires that an F-1 visa holder applying for a Social Security number present the following four documents:
1. A valid passport;
2. A valid INS Form I-20, issued by the university he or she is attending;
3. A valid F-1 visa; and
4. An offer letter from the prospective employer (which usually will be the university the student is attending).
The Administration is then required to provide the local office or sub-office of the U.S. ICE agency an opportunity to review and approve the application. This requirement sometimes can result in a lengthy delay in the issuance of the Social Security number, although most applications are successfully processed within a couple of weeks. Delays can sometimes be overcome by employer recourse to the office of the local congressional representative, which typically has a staffer charged with assisting constituents in such matters.
Should you wish to hire an F-1 student to work in your office, lab or other facility, issues of which to be mindful include:
• Number of hours they can work
• Type of employment
• Need to maintain F-1 status
• Tax and social security implications
• Reporting changes in employment and hours worked
• Have a letter from each employer concerning the nature of the job and the work hours
• Give the student a letter for social security purposes certifying that the job qualifies as on-campus employment and that the student is in F-1 status
• Keep records on the student’s employment in the school files; and
• Terminate the student’s SEVIS record if the student engages in any unauthorized employment or works hours in excess of those allowed
F-1 students can begin working as much as 30 days before the start of classes. They should have permission from you before they begin work.
If an F-1 student finishes one program (such as a Bachelor’s Degree) and starts another program at the same campus, he or she may continue on-campus employment as long as he or she plans to enroll for the next term.
The job has to be physically located on the school’s campus or off-campus at the site of an educationally affiliated organization. Employment on-campus has to be for the school or for a company that contracts with the school to serve students directly. For example, if your school contracts with a food service company, F-1 students can work for the company at school facilities. However, they cannot work for the same company at any off-campus locations.
F-1 students cannot work for a company:
• Contracting with the school for something other than student services, or
• does not contract with the school, even if they are physically located on school property.
For example, they cannot work for a construction company even if the job site is on the campus. However, F-1 students can work for an educationally affiliated company, such as a school bookstore, even if it is not located on campus.
In the case of off-campus locations, educational affiliation means the location is associated with the school's established curriculum or related to contractually funded research projects at the post-graduate level.
Concerning Optional Practical Training after graduation, most international students seeking OPT employment opportunities with American corporations have hopes of remaining in the United States and in the employ of these American companies. The one-year OPT commitment enables the employer to ascertain the alien worker’s suitability for long-term employment with the firm. In instances where the relationship has proved promising, the company’s human resources department can sponsor the alien worker for an H-1B visa. The H-1B visa, if obtained, is good for three years with the possibility of a single renewal period of like length. From there, the alien-employee typically will apply for permanent residency (i.e., a “green card”).
International students holding F-1 visas must meet the following requirements to qualify for OPT:
• The student can apply no sooner than one academic year after commencing his or her U.S. studies.
• The student must apply before completing those studies.
• The application is sent to the USCIS service center with jurisdiction over the university where the student is studying.
• The applicant need not have a specific job offer in hand at the time of application, but must express intent to pursue a job opportunity related to his or her course of study.
• The applicant must have maintained unbroken F-1 status while in the United States and must hold a valid passport and INS Form I-20.
10.3 Other International-Student Visa Categories
The M-1 category, as noted above, includes students in vocational or other nonacademic programs, other than language training. Approval for the attendance of nonacademic students may be solicited by a community college or junior college that provides vocational or technical training and awards associate degrees; a vocational high school; a trade school; or a school of nonacademic training other than language training. Employment rules under this category are approximately the same as under the F-1 visa.
The J-1 (Exchange Visitor) visa is a different animal altogether. While USCIS oversees the F-1 and M-1 visa process, the U.S. Department of State deals directly with J-1 visas, which cover a wide range of non-immigrant aliens, including visiting scholars and professors, as well as exchange students, who typically are in the U.S. for a semester or an academic year at most. Often these exchange students come to our institutions under one-for-one exchange agreements under which we reciprocate by sending our American students to study abroad at the sister institution.
The State Department’s Exchange Visitor Program is carried out under the provisions of the Mutual Educational and Cultural Exchange Act of 1961, as amended. The purpose of the Act is to increase mutual understanding between the people of the United States and the people of other countries by means of educational and cultural exchanges. International educational and cultural exchanges are one of the most effective means of developing lasting and meaningful relationships. They provide an extremely valuable opportunity to experience the United States and our way of life. Foreign nationals come to the United States to participate in a wide variety of educational and cultural exchange programs.
The Exchange Visitor Program is administered by the Office of Exchange Coordination and Designation in the Bureau of Educational and Cultural Affairs. The Internet website for information on the Exchange Visitor Program is http://exchanges.state.gov/education/jexchanges. At the conclusion of their program Exchange Visitor program participants are expected to return to the home countries to utilize the experience and skills they have acquired while in the United States.
In carrying out the responsibilities of the Exchange Visitor Program, the Department designates public and private entities to act as exchange sponsors. Designated sponsoring organizations facilitate the entry of foreign nationals into the United States as exchange visitors to complete the objectives of one of the exchange visitor program categories, which are:
Au pair
Camp Counselor
Student, college/university
Student, secondary
Government Visitor
International Visitor (reserved for U.S. Department of State use)
Alien physician
Professor
Research Scholar
Short-term Scholar
Specialist
Summer work/travel
Teacher Trainee
http://travel.state.gov/visa/temp/types/types_1267.html
What the watered down "Gainful Employment" Rule means for colleges
An audio presentation from the Chronicle Of Higher Education:
A softened final version of a controversial new "gainful employment" regulation, released Thursday by the Education Department, has both Wall Street and Capitol Hill buzzing. One financial analyst has called the rule "a decisive victory" for the for-profit college sector, while a student advocate described it as "a disappointing stumble on America's path toward regaining the global lead in college attainment."
Chronicle editors and reporters Brad Wolverton, Kelly Field, and Goldie Blumenstyk discuss the impact of the new regulation and what’s likely to happen next with it.
http://chronicle.com/article/Audio-What-the-Gainful/127750/?sid=at&utm_source=at&utm_medium=en
A softened final version of a controversial new "gainful employment" regulation, released Thursday by the Education Department, has both Wall Street and Capitol Hill buzzing. One financial analyst has called the rule "a decisive victory" for the for-profit college sector, while a student advocate described it as "a disappointing stumble on America's path toward regaining the global lead in college attainment."
Chronicle editors and reporters Brad Wolverton, Kelly Field, and Goldie Blumenstyk discuss the impact of the new regulation and what’s likely to happen next with it.
http://chronicle.com/article/Audio-What-the-Gainful/127750/?sid=at&utm_source=at&utm_medium=en
Latest news from US Department of Homeland Security
From: U.S. Department of Homeland Security
Date: Jun, Thu 2 2011 09:12 -0400 (EDT)
Subject: U.S. Department of Homeland Security Scheduled Events Update
You are subscribed to Scheduled Events for U.S. Department of Homeland Security. This information has recently been updated, and is now available.
May 29 - June 3, 2011
Time Event
Sunnday, May 29
10:00 AM EDT Secretary Napolitano will join Indianapolis Mayor Gregory Ballard and Indianapolis Director of Public Safety Frank Straub to participate in a media availability.
Indianapolis, Ind.
TBD Secretary Napolitano and Congressman Robert Aderholt will visit Hackleburg, Ala., to survey ongoing recovery and response efforts on the ground following the tornadoes and severe storms that devastated the region last month. During their visit, Secretary Napolitano and Congressman Aderholt will tour the affected areas, meet with state and local leaders to reaffirm the federal government's continued commitment to working with our state, local and community partners in Alabama to help the communities and individuals affected by these disasters to rebuild and recover, and participate in a media availability.
Hackleburg, Ala.
Monday, May 30
Events TBD
Tuesday, May 31
Events TBD
Wednesday, June 1
9:30 AM EDT National Protection and Programs Directorate (NPPD) Deputy Under Secretary Philip Reitinger will testify on cybersecurity initiatives before the House Committee on Oversight and Government Reform.
Washington, D.C.
2:00 PM EDT Under Secretary for Intelligence and Analysis Caryn Wagner and other DHS officials will testify at a hearing entitled "The DHS Intelligence Enterprise-Past, Present, and Future," before the House Committee on Homeland Security, Subcommittee on Counterterrorism and Intelligence.
Washington, D.C.
Thursday, June 2
2:00 PM EDT TSA Administrator John Pistole will testify on TSA oversight and the agency's priorities before the House Committee on Homeland Security, Subcommittee on Transportation Security.
Washington, D.C.
4:00 PM CDT U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas will deliver the Oath of Allegiance to approximately 60 citizenship candidates at a naturalization ceremony sponsored by the Illinois Coalition for Immigrant and Refugee Rights.
Chicago, Ill.
Friday, June 3
10:00 AM EDT DHS Office of International Affairs Deputy Assistant Secretary Mark Koumans will testify at a hearing entitled "Denying Safe Havens: Homeland Security's Efforts to Counter Threats from Pakistan, Yemen and Somalia" before the House Committee on Homeland Security, Subcommittee on Oversight, Investigations, and Management.
Washington, D.C.
http://www.dhs.gov/xabout/gc_1177436339963.shtm
Message 2
From: U.S. Department of Homeland Security
Date: Jun, Thu 2 2011 09:48 -0400 (EDT)
Subject: U.S. Department of Homeland Security Executive Hiring Update
You are subscribed to Executive Hiring for U.S. Department of Homeland Security. This information has recently been updated, and is now available.
Information Technology
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Chief Systems Security Officer
CBP
June 24, 2011
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June 24, 2011
http://www.dhs.gov/xabout/careers/gc_1277404180639.shtm
Message 3
From: U.S. Department of Homeland Security
Date: Jun, Thu 2 2011 14:09 -0400 (EDT)
Subject: U.S. Department of Homeland Security Economic Recovery Act of 2009 Update
You are subscribed to Economic Recovery Act of 2009 for U.S. Department of Homeland Security. This information has recently been updated, and is now available.
Agency Plans and Reports
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May 27
Weekly Update (XLS - 36.5 KB)
Weekly Update, 1 of 2 (CSV - 80.8 KB)
Weekly Update, 2 of 2 (CSV - 2.47 KB)
http://www.dhs.gov/xopnbiz/recovery.shtm
Date: Jun, Thu 2 2011 09:12 -0400 (EDT)
Subject: U.S. Department of Homeland Security Scheduled Events Update
You are subscribed to Scheduled Events for U.S. Department of Homeland Security. This information has recently been updated, and is now available.
May 29 - June 3, 2011
Time Event
Sunnday, May 29
10:00 AM EDT Secretary Napolitano will join Indianapolis Mayor Gregory Ballard and Indianapolis Director of Public Safety Frank Straub to participate in a media availability.
Indianapolis, Ind.
TBD Secretary Napolitano and Congressman Robert Aderholt will visit Hackleburg, Ala., to survey ongoing recovery and response efforts on the ground following the tornadoes and severe storms that devastated the region last month. During their visit, Secretary Napolitano and Congressman Aderholt will tour the affected areas, meet with state and local leaders to reaffirm the federal government's continued commitment to working with our state, local and community partners in Alabama to help the communities and individuals affected by these disasters to rebuild and recover, and participate in a media availability.
Hackleburg, Ala.
Monday, May 30
Events TBD
Tuesday, May 31
Events TBD
Wednesday, June 1
9:30 AM EDT National Protection and Programs Directorate (NPPD) Deputy Under Secretary Philip Reitinger will testify on cybersecurity initiatives before the House Committee on Oversight and Government Reform.
Washington, D.C.
2:00 PM EDT Under Secretary for Intelligence and Analysis Caryn Wagner and other DHS officials will testify at a hearing entitled "The DHS Intelligence Enterprise-Past, Present, and Future," before the House Committee on Homeland Security, Subcommittee on Counterterrorism and Intelligence.
Washington, D.C.
Thursday, June 2
2:00 PM EDT TSA Administrator John Pistole will testify on TSA oversight and the agency's priorities before the House Committee on Homeland Security, Subcommittee on Transportation Security.
Washington, D.C.
4:00 PM CDT U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas will deliver the Oath of Allegiance to approximately 60 citizenship candidates at a naturalization ceremony sponsored by the Illinois Coalition for Immigrant and Refugee Rights.
Chicago, Ill.
Friday, June 3
10:00 AM EDT DHS Office of International Affairs Deputy Assistant Secretary Mark Koumans will testify at a hearing entitled "Denying Safe Havens: Homeland Security's Efforts to Counter Threats from Pakistan, Yemen and Somalia" before the House Committee on Homeland Security, Subcommittee on Oversight, Investigations, and Management.
Washington, D.C.
http://www.dhs.gov/xabout/gc_1177436339963.shtm
Message 2
From: U.S. Department of Homeland Security
Date: Jun, Thu 2 2011 09:48 -0400 (EDT)
Subject: U.S. Department of Homeland Security Executive Hiring Update
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June 24, 2011
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June 24, 2011
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Message 3
From: U.S. Department of Homeland Security
Date: Jun, Thu 2 2011 14:09 -0400 (EDT)
Subject: U.S. Department of Homeland Security Economic Recovery Act of 2009 Update
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Thursday, June 2, 2011
If Jesus were alive today, I think he'd organize the adjuncts
Saint Xavier University is not shielded from NLRB jurisdiction by its religious origins, says the labor board. Adjuncts are allowed to organize:
UNITED STATES GOVERNMENT
BEFORE THE NATIONAL LABOR RELATIONS BOARD
REGION 13
SAINT XAVIER UNIVERSITY1
Employer
and Case 13-RC-22025
ST. XAVIER UNIVERSITY ADJUNCT FACULTY
ORGANIZATION, IEA-NEA
Petitioner
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9(c) of the National Labor Relations Act,
as amended, a hearing on this petition was held before a hearing officer of the National
Labor Relations Board to determine whether it is appropriate to conduct an election in
light of the issues raised by the parties.2
I. Issues and Parties’ Positions
The St. Xavier Adjunct Faculty Organization, IEA-NEA (herein “Petitioner” or
“Union”) seeks a unit of all part-time faculty at the University's Chicago Campus or
Orland Park Campus who teach at least 3 credit hours per semester; but excluding deans,
nonprofessional employees, guards and supervisors as defined in the Act.3
1 The names of the parties appear as amended at the hearing.
2 Upon the entire record in this proceeding, the undersigned finds:
a. The hearing officer’s rulings made at the hearing are free from prejudicial error and are
hereby affirmed.
b. The Employer is engaged in commerce within the meaning of the Act and the only issue as
stated herein is whether the Supreme Court’s decision in NLRB v. Catholic Bishop of
Chicago, 440 U.S. 490 (1979) precludes the exercise of jurisdiction.
c. The labor organization involved claims to represent certain employees of the University.
d. A question affecting commerce exists concerning the representation of certain employees of
the Employer within the meaning of Section 9(c)(1) and Sections (2)(6) and (7) of the Act.
3 The Petitioner introduced evidence that Saint Xavier University has had a certified collective bargaining
representative for full-time and “portion of full-time” faculty since 1979, the Faculty Affairs Committee.
This evidence is of limited relevance to the jurisdictional argument being raised by the University because
jurisdiction can be raised at anytime by any party, including the NLRB or courts.
- 2 -
Saint Xavier University (herein “Employer” or “University”) asserts that the
Board lacks jurisdiction4 because it is a religiously operated institution that is not subject
to the Act according to the principles of University of Great Falls, 331 NLRB 1663
(2000), enf. denied 278 F.3d 1335 (D.C. Cir. 2002) and Carroll College, 345 NLRB 254
(2005), enf. denied 558 F.3d 568 (D.C. Cir. 2009).5
II. Decision
Based on the entire record of this proceeding and for the reasons as set forth
below, I find that the University is not a church-operated institution within the meaning
of NLRB v. Catholic Bishop of Chicago, 440 U.S. 490 (1979), and, therefore, conclude
that the Board may properly assert jurisdiction over the University in this case.
Accordingly, IT IS HEREBY ORDERED that an election be conducted under the
direction of the undersigned in the following appropriate unit, as stipulated by the parties:
All part-time faculty employed by the Employer at its campuses presently
located at 3700 West 103rd Street, Chicago, Illinois and 18230 Orland
Parkway, Orland Park, Illinois, who teach at least three credit hours per
semester; but, excluding all part-time faculty members in School of
Nursing, all music tutors, all student supervisors in the School of
Education, independent contractors, confidential employees and managers,
office clerical employees and guards, professional employees and
supervisors as defined in the Act.
III. Statement of Facts
A. University Governance
In 1846, at the request of William Quarter, the first Bishop of Chicago, Mother
Mary Francis Warde, RSM, founded Saint Xavier Academy for Women. The school was
chartered by the State of Illinois on February 27, 1847, making it the oldest chartered
Roman Catholic educational institution in Chicago and the oldest Mercy university in the
world. It opened Saint Xavier College for Women in 1915 and expanded its course
offerings to the graduate level in 1953. Following a campus move in 1953, the College
and Academy were separated, becoming an institution of higher education and high
school, respectively. By 1969, the College had become coeducational with the acceptance
of men as undergraduate students, and, in 1992, the title of Saint Xavier University was
adopted.
4 The Employer also raises a Religious Freedom Restoration Act issue in its post-hearing brief. However,
“the Board has no obligation to demonstrate the value of applying the Act to the Employer, unless and until
the Employer demonstrates that such application constitutes a substantial burden.” Carroll College, 345
NLRB 254, 258 fn. 18 (2005) and since “the Petitioner is not yet certified as the faculty's collectivebargaining
representative … no specific religion-based conflicts have emerged.” Id. at 259.
5 The Board uses the “substantial religious character” test it developed from the Supreme Court’s decision
in NLRB v. Catholic Bishop of Chicago, 440 U.S. 490 (1979), and has never adopted the tripartite test set
forth by the D.C. Circuit in Great Falls and Carroll College.
- 3 -
The University is an institution of higher learning, offering undergraduate and
graduate degrees with a main campus in Chicago, Illinois and an auxiliary campus in
Orland Park, Illinois. It consists of four schools and one college: the College of Arts and
Sciences, the School of Education, the Graham School of Management, the School of
Nursing, and the School for Continuing and Professional Studies. It has a President,
Provost, two Assistant Provosts and five Deans, one for each of the schools. University
Provost Durante testified “the chief academic officer … [who] oversee[s] the entire
academic enterprise at the institution … all of the curriculum, all that accrues to our
students … [in] their academic lives [and t]he faculty is subsumed under all of that, all
instruction, all academic activity.”
During the last full academic year (2010-2011), the University had a total
enrollment of 4,852 students across its 43 undergraduate degree and 11 graduate degree
programs, and employed 187 full-time, 10 “portion of full-time”, and 237 adjunct faculty.
It is recognized as a Catholic institution located within the Archdiocese of Chicago
according to the Official Catholic Directory (2010), which lists it as having two priests
and five sisters.
The University is organized as a not-for-profit corporation for education purposes
and granted federal tax exemption pursuant to Section 501(c)(3) of the Internal Revenue
Code. As a not-for-profit corporation, its only corporate member is the corporate arm of
the Institute of the Sisters of Mercy of the Americas (herein, “Sisters of Mercy”) known
as the Council for Mercy Higher Education (herein, “CMHE”). Sister Susan Sanders
described CMHE as “the body that’s constituted both canonically, in canon law, and
civilly, that holds the responsibilities and the reserve powers for the governance of the
university … [it is] the corporate member who links the University to the Church and
makes it an officially recognized member of the Church.”
The current bylaws of Saint Xavier University, most recently amended May 13,
2009 and current articles of incorporation of Saint Xavier University provide that the
University shall be managed by an independent Board of Trustees numbering no less
than 25 and no more than 30, consisting of the President of the University and at least
four members of the Sisters of Mercy. Sister Susan Sanders, Vice President of the Office
for University Mission and Secretary of the corporation, testified that there are currently
24 voting trustees. Five trustees are Sisters of Mercy and at least 15 are Catholic. The
remainder were not identified with any particular religious affiliation.
According to the bylaws, CMHE has “the responsibility to ensure that [the
University] continues its educational and religious mission and purposes, especially its
Catholic-Mercy character …” and reserves the power6 to approve: amendments to the
articles, changes or restatements of the corporate mission or purpose, an individual’s first
election as trustee, appointment of the president of the University, sale, lease or exchange
of land in excess of $10 million, assumption of debt greater than $10 million, and merger,
6 See Article 3, Section 3.2 (a) through (i) of the bylaws for a list of the reserved powers needing CMHE
approval.
- 4 -
consolidation or dissolution of the University. While CMHE’s approval is necessary and
required with regard to the above, it does not appear it can unilaterally accomplish any
without initiation by the Trustees. However, the ability to change certain portions7 of the
bylaws, including the first stated responsibility of the Trustees to “[s]afeguard and
advance the University’s educational and religious mission and purposes, especially its
Catholic-Mercy character,” a responsibility that also extends to individual trustees, is
within the power of CMHE.
The bylaws require that “[t]he University actively seeks trustees who represent
diverse races, cultures, and religious traditions. In each case, trustees must be committed
to the practical implications of the University’s Catholic identity and, to the extent
possible, the majority of the Board should be Catholics committed to the Church …
Except as herein expressly provided, there shall be no other disqualification either by
reason of belief, creed, race, gender or residence from eligibility to serve as trustee.”
Trustees other than the University’s President serve three-year terms and can serve no
more than three consecutive terms without a minimum break of one year. Trustees do not
sign any affirmation of their commitment to the University’s Catholic identity.
B. Catholic Identity and Mercy Heritage
The University provides various public programs that are related to or inspired by,
its Catholic identity and Mercy heritage. These include the Catholic colloquium series,
Squeaky Weal lecture series and God Matters radio show, all of which are advertised
throughout campus and the local community via colorful posters. While attendance at
either of the series can help fulfill students’ one credit Transitions requirement, it is not
mandatory and students may elect to complete the requirement by attending non-Catholic
events. Neither faculty nor adjuncts are required to attend any of these events.
The University also holds three annual celebrations of its Catholic identity and
Mercy heritage that are open to students, faculty, and the public: Mercy Day on
September 24th to celebrate the Feast of Our Lady of Mercy, Founders Day on December
3rd, which is the Peace of Saint Francis Xavier, and Mission Day in March, where a
faculty member and student are honored for their service to the University community.
All three contain speeches with Founders Day including a liturgy and speech by a Sister
of Mercy to “celebrate the identity of the University in terms of … three things: its
Mercy, Catholic, and liberal arts heritage.” Mission Day’s speeches are by the Provost
Durante, who speaks of the Catholic identity and Mercy heritage in terms of academics,
and Sister Sanders, who speaks to it in terms of ethos and culture. Attendance at these
events is not mandatory for students or faculty.
Other annual events are the Medallion Ceremony, where new student induction
takes place. As part of the Medallion Ceremony, students are given a medallion with the
University’s motto and a prayer book. The medallion features the University seal on one
side and the quote “We strive to witness to Mercy when we reverence the dignity of each
7 Specifically, Article XV of the bylaws reserve the powers of Article 3, Article 4 §2 ¶a & §3 ¶a, Article
4.3 (second sentence), Article 4.4, Article 6 §1.1 (first sentence) & §2.2, and Article 15 §1.
- 5 -
person” from the Constitutions of the Sisters of Mercy on the reverse. While the prayer
book is primarily Catholic, it does feature several prayers based in other faiths such as
Buddhism, Islam, and Judaism. Neither students, nor faculty, are required to attend the
Medallion Ceremony. Graduation is the only mandatory faculty event, however, it is only
mandatory for full-time and “portion of full-time” faculty, not adjuncts. A Catholic mass
is held the day prior to graduation, but neither faculty nor students are required to attend.
Attendance at the commencement is required for faculty, but not adjuncts, and the
ceremony opens and closes with prayer.
Provost Durante testified that the University was guided (as opposed to
“governed”) by the Ex Corde Ecclesiae, the Apostolic Constitution of the Supreme
Pontiff John Paul II on Catholic Universities. She explained her view of how the Ex
Corde sets forth the expectations of the Roman Catholic Church with regard to Catholic
universities and how “the principles, the ideals of the Church inform the curriculum in
how it is built[,]” but also encourages diversity among the faiths represented by
University faculty to foster “dialogue … that continually examines that intersection of
faith and reason in terms of how we can consider human dignity and social concern.”
Provost Durante admitted she was unsure if she was mandated to use Ex Corde in her role
as Provost, but in her experience with Catholic institutions there was “an expectation that
this document be considered seriously, vibrantly used, [and] attended to.” Another
expectation under Ex Corde is for faculty teaching Catholic theology receive a mandatum
from the local ordinary of the Church. According to Sister Sanders the two Catholic
studies professors have requested and received mandatum.
The University recently submitted a report to CMHE that detailed how the
University expresses and realizes its Catholic identity. The report was the first time
CMHE had requested the information in this form, but the University provides CMHE
with some of the information annually in some form as “an accountability mechanism to
[CMHE].” There is also a Collegium, a colloquy on faith and intellectual life that
includes faculty from sectarian and secular schools. Attendance at Collegium is not
required of faculty or students.
C. Stated Purpose of the University
The current articles of incorporation of Saint Xavier University, most recently
amended on June 11, 1993, state the object of the University is a mission of higher
education. This object does not contain any reference to religion, God, Catholicism,
Sisters of Mercy, or CMHE; instead it speaks only to the purpose of education.
The University’s mission statement8, as listed on its public website and in its
student handbook and faculty resource manual, reads:
Saint Xavier University, a Catholic institution inspired by the heritage of the
Sisters of Mercy, educates men and women to search for truth, to think critically,
8 The current iteration was revised starting in 2002 with approval coming from the Trustees and CMHE in
2005.
- 6 -
to communicate effectively, and to serve wisely and compassionately in support
of human dignity and the common good.
In addition, the University’s philosophy statement9 references its heritage with the
Sisters of Mercy and their Catholic faith, and:
The enduring fellowship of alumni, emeriti faculty, Sisters of Mercy sponsors,
trustees, and other friends and contributors in the community at large [that]
demonstrates their continuing faith in the central mission of Saint Xavier through
various acts of giving, prayer and support. Infusing this community of shared
concern are the distinctive qualities and values of Saint Xavier University,
including the belief that faith and reason can interact in mutually fruitful ways.
Therefore, the University membership encourages a full search for truth,
including religious truth, while respecting freedom of personal expression. It also
promotes a vigorous and compassionate dialogue among the various faith
traditions, and between them and the academic disciplines. At its foundation,
teaching and learning at Saint Xavier are premised upon and committed to the
fundamental dignity and unique worth of each human person.
D. Funding10
Approximately 93%-94% of the University’s revenue comes from tuition with
secondary sources of fundraising and donor contributions. The University currently has
approximately $51-$52 million in outstanding debt to financial institutions, and an
additional $5 million as a loan from the Sisters of Mercy. The Employer also operates a
saloon as part of its main Chicago campus.
E. Faculty and Student Requirements
The University does not investigate the religious beliefs of its students, faculty, or
trustees. In fact, the articles explicitly state:
No religious, racial, color or ethnic test or particular religious profession shall
ever be held as a requisite for admission to said colleges or university or to any
department belonging thereto … or for election to any professorship, or any place
of honor or emolument in … any of its departments or institutions of learning.
Moreover, the University has no requirement for faculty, including adjuncts, to espouse
or emphasize Catholicism in their teachings or imbue students with the tenets of the
Catholic faith. As noted above, discussion of various faiths and viewpoints is encouraged
as part of Ex Corde, including those faculty who may be atheist. Neither the University,
9 Accepted by Faculty Senate and approved by the Trustees and CMHE in 2006.
10 The Petitioner, after the close of the hearing, submitted a written request to reopen the record to admit
certain tax records. The document records in question were available during the hearing, but were not
admitted into evidence by the Petitioner. Accordingly, I do not find the documents meet the requirements
of being newly discovered or previously unavailable to justify reopening the record.
- 7 -
nor the Church, reviews or approves the texts chosen and used by faculty in the
classroom.
As part of the University’s core requirements, students must take two courses in
religious studies, which is on par with the credit requirements in other disciplines (e.g.,
science, history, and arts and humanities), and may fulfill this requirement by taking
courses of any religion. It is not mandatory for students to take a course in Catholicism.
F. Adjunct Faculty11
Two current adjunct professors, Robert Tapia and James Kollros, and one recently
retired adjunct professor, James Andreou, testified to the hiring practices of the
University. Tapia and Andreou were recruited via emails disseminated through their thencurrent
universities, DePaul University and University of Illinois at Chicago,
respectively, whereas Kollros responded to a newspaper advertisement. Each submitted
their curriculum vitae, or in the case of Andreou, a copy of his academic transcript, and
then interviewed with either multiple full-time professors within the department the
applicant was seeking employment, or the chair of the hiring department and the dean of
the associated school. Following the interview, an adjunct applicant may receive an oral
or written offer of employment, followed by a written contract and sometimes a formal
application. Neither the offer, nor the contract, mention the Sisters of Mercy,
Catholicism, God or religion.12 Andreou stated that he raised his observance of Greek
Orthodoxy (or Orthodox Catholicism, as opposed to Roman Catholicism) as a possible
concern during his application interview, but the department chairperson said that it did
not matter.
Unlike full-time and “portion of full-time” faculty13 who receive a thorough third
year review and are regularly evaluated by their department chair and dean, the
performance of an adjunct is based primarily on their students’ evaluations, which
contain no reference to the Sisters of Mercy, Catholicism, or religion. Provost Durante
testified that department chairs will also occasionally evaluate adjuncts every couple of
years, but the chairperson or program director will often delegate this to another faculty
member. The adjunct witnesses stated that they were never instructed to disseminate the
Catholic faith, nor was any aspect of religion addressed in their evaluations. Adjunct
faculty cannot be dismissed for conduct contrary to the Church, nor can they be
dismissed by the Sisters of Mercy or Church officials.
11 On December 24, 2009, in Case 13-RC-21897, the University and Petitioner signed a stipulated election
agreement for its part-time faculty in a unit similar to the instant petitioned-for unit. An election was held
via mail ballot and this Region certified the results on March 3, 2010 that a majority of valid votes had not
been cast for the Petitioner.
12 Adjunct positions in the Department of Religious Studies may contain such references; however, no
evidence was put on the record with regard to religious studies.
13 Pursuant to a petition and Board election, the Faculty Affairs Committee was certified as the collective
bargaining representative of all full-time and portion of full-time faculty in 1979, and has negotiated
multiple collective bargaining agreements with the University over the past three decades.
UNITED STATES GOVERNMENT
BEFORE THE NATIONAL LABOR RELATIONS BOARD
REGION 13
SAINT XAVIER UNIVERSITY1
Employer
and Case 13-RC-22025
ST. XAVIER UNIVERSITY ADJUNCT FACULTY
ORGANIZATION, IEA-NEA
Petitioner
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9(c) of the National Labor Relations Act,
as amended, a hearing on this petition was held before a hearing officer of the National
Labor Relations Board to determine whether it is appropriate to conduct an election in
light of the issues raised by the parties.2
I. Issues and Parties’ Positions
The St. Xavier Adjunct Faculty Organization, IEA-NEA (herein “Petitioner” or
“Union”) seeks a unit of all part-time faculty at the University's Chicago Campus or
Orland Park Campus who teach at least 3 credit hours per semester; but excluding deans,
nonprofessional employees, guards and supervisors as defined in the Act.3
1 The names of the parties appear as amended at the hearing.
2 Upon the entire record in this proceeding, the undersigned finds:
a. The hearing officer’s rulings made at the hearing are free from prejudicial error and are
hereby affirmed.
b. The Employer is engaged in commerce within the meaning of the Act and the only issue as
stated herein is whether the Supreme Court’s decision in NLRB v. Catholic Bishop of
Chicago, 440 U.S. 490 (1979) precludes the exercise of jurisdiction.
c. The labor organization involved claims to represent certain employees of the University.
d. A question affecting commerce exists concerning the representation of certain employees of
the Employer within the meaning of Section 9(c)(1) and Sections (2)(6) and (7) of the Act.
3 The Petitioner introduced evidence that Saint Xavier University has had a certified collective bargaining
representative for full-time and “portion of full-time” faculty since 1979, the Faculty Affairs Committee.
This evidence is of limited relevance to the jurisdictional argument being raised by the University because
jurisdiction can be raised at anytime by any party, including the NLRB or courts.
- 2 -
Saint Xavier University (herein “Employer” or “University”) asserts that the
Board lacks jurisdiction4 because it is a religiously operated institution that is not subject
to the Act according to the principles of University of Great Falls, 331 NLRB 1663
(2000), enf. denied 278 F.3d 1335 (D.C. Cir. 2002) and Carroll College, 345 NLRB 254
(2005), enf. denied 558 F.3d 568 (D.C. Cir. 2009).5
II. Decision
Based on the entire record of this proceeding and for the reasons as set forth
below, I find that the University is not a church-operated institution within the meaning
of NLRB v. Catholic Bishop of Chicago, 440 U.S. 490 (1979), and, therefore, conclude
that the Board may properly assert jurisdiction over the University in this case.
Accordingly, IT IS HEREBY ORDERED that an election be conducted under the
direction of the undersigned in the following appropriate unit, as stipulated by the parties:
All part-time faculty employed by the Employer at its campuses presently
located at 3700 West 103rd Street, Chicago, Illinois and 18230 Orland
Parkway, Orland Park, Illinois, who teach at least three credit hours per
semester; but, excluding all part-time faculty members in School of
Nursing, all music tutors, all student supervisors in the School of
Education, independent contractors, confidential employees and managers,
office clerical employees and guards, professional employees and
supervisors as defined in the Act.
III. Statement of Facts
A. University Governance
In 1846, at the request of William Quarter, the first Bishop of Chicago, Mother
Mary Francis Warde, RSM, founded Saint Xavier Academy for Women. The school was
chartered by the State of Illinois on February 27, 1847, making it the oldest chartered
Roman Catholic educational institution in Chicago and the oldest Mercy university in the
world. It opened Saint Xavier College for Women in 1915 and expanded its course
offerings to the graduate level in 1953. Following a campus move in 1953, the College
and Academy were separated, becoming an institution of higher education and high
school, respectively. By 1969, the College had become coeducational with the acceptance
of men as undergraduate students, and, in 1992, the title of Saint Xavier University was
adopted.
4 The Employer also raises a Religious Freedom Restoration Act issue in its post-hearing brief. However,
“the Board has no obligation to demonstrate the value of applying the Act to the Employer, unless and until
the Employer demonstrates that such application constitutes a substantial burden.” Carroll College, 345
NLRB 254, 258 fn. 18 (2005) and since “the Petitioner is not yet certified as the faculty's collectivebargaining
representative … no specific religion-based conflicts have emerged.” Id. at 259.
5 The Board uses the “substantial religious character” test it developed from the Supreme Court’s decision
in NLRB v. Catholic Bishop of Chicago, 440 U.S. 490 (1979), and has never adopted the tripartite test set
forth by the D.C. Circuit in Great Falls and Carroll College.
- 3 -
The University is an institution of higher learning, offering undergraduate and
graduate degrees with a main campus in Chicago, Illinois and an auxiliary campus in
Orland Park, Illinois. It consists of four schools and one college: the College of Arts and
Sciences, the School of Education, the Graham School of Management, the School of
Nursing, and the School for Continuing and Professional Studies. It has a President,
Provost, two Assistant Provosts and five Deans, one for each of the schools. University
Provost Durante testified “the chief academic officer … [who] oversee[s] the entire
academic enterprise at the institution … all of the curriculum, all that accrues to our
students … [in] their academic lives [and t]he faculty is subsumed under all of that, all
instruction, all academic activity.”
During the last full academic year (2010-2011), the University had a total
enrollment of 4,852 students across its 43 undergraduate degree and 11 graduate degree
programs, and employed 187 full-time, 10 “portion of full-time”, and 237 adjunct faculty.
It is recognized as a Catholic institution located within the Archdiocese of Chicago
according to the Official Catholic Directory (2010), which lists it as having two priests
and five sisters.
The University is organized as a not-for-profit corporation for education purposes
and granted federal tax exemption pursuant to Section 501(c)(3) of the Internal Revenue
Code. As a not-for-profit corporation, its only corporate member is the corporate arm of
the Institute of the Sisters of Mercy of the Americas (herein, “Sisters of Mercy”) known
as the Council for Mercy Higher Education (herein, “CMHE”). Sister Susan Sanders
described CMHE as “the body that’s constituted both canonically, in canon law, and
civilly, that holds the responsibilities and the reserve powers for the governance of the
university … [it is] the corporate member who links the University to the Church and
makes it an officially recognized member of the Church.”
The current bylaws of Saint Xavier University, most recently amended May 13,
2009 and current articles of incorporation of Saint Xavier University provide that the
University shall be managed by an independent Board of Trustees numbering no less
than 25 and no more than 30, consisting of the President of the University and at least
four members of the Sisters of Mercy. Sister Susan Sanders, Vice President of the Office
for University Mission and Secretary of the corporation, testified that there are currently
24 voting trustees. Five trustees are Sisters of Mercy and at least 15 are Catholic. The
remainder were not identified with any particular religious affiliation.
According to the bylaws, CMHE has “the responsibility to ensure that [the
University] continues its educational and religious mission and purposes, especially its
Catholic-Mercy character …” and reserves the power6 to approve: amendments to the
articles, changes or restatements of the corporate mission or purpose, an individual’s first
election as trustee, appointment of the president of the University, sale, lease or exchange
of land in excess of $10 million, assumption of debt greater than $10 million, and merger,
6 See Article 3, Section 3.2 (a) through (i) of the bylaws for a list of the reserved powers needing CMHE
approval.
- 4 -
consolidation or dissolution of the University. While CMHE’s approval is necessary and
required with regard to the above, it does not appear it can unilaterally accomplish any
without initiation by the Trustees. However, the ability to change certain portions7 of the
bylaws, including the first stated responsibility of the Trustees to “[s]afeguard and
advance the University’s educational and religious mission and purposes, especially its
Catholic-Mercy character,” a responsibility that also extends to individual trustees, is
within the power of CMHE.
The bylaws require that “[t]he University actively seeks trustees who represent
diverse races, cultures, and religious traditions. In each case, trustees must be committed
to the practical implications of the University’s Catholic identity and, to the extent
possible, the majority of the Board should be Catholics committed to the Church …
Except as herein expressly provided, there shall be no other disqualification either by
reason of belief, creed, race, gender or residence from eligibility to serve as trustee.”
Trustees other than the University’s President serve three-year terms and can serve no
more than three consecutive terms without a minimum break of one year. Trustees do not
sign any affirmation of their commitment to the University’s Catholic identity.
B. Catholic Identity and Mercy Heritage
The University provides various public programs that are related to or inspired by,
its Catholic identity and Mercy heritage. These include the Catholic colloquium series,
Squeaky Weal lecture series and God Matters radio show, all of which are advertised
throughout campus and the local community via colorful posters. While attendance at
either of the series can help fulfill students’ one credit Transitions requirement, it is not
mandatory and students may elect to complete the requirement by attending non-Catholic
events. Neither faculty nor adjuncts are required to attend any of these events.
The University also holds three annual celebrations of its Catholic identity and
Mercy heritage that are open to students, faculty, and the public: Mercy Day on
September 24th to celebrate the Feast of Our Lady of Mercy, Founders Day on December
3rd, which is the Peace of Saint Francis Xavier, and Mission Day in March, where a
faculty member and student are honored for their service to the University community.
All three contain speeches with Founders Day including a liturgy and speech by a Sister
of Mercy to “celebrate the identity of the University in terms of … three things: its
Mercy, Catholic, and liberal arts heritage.” Mission Day’s speeches are by the Provost
Durante, who speaks of the Catholic identity and Mercy heritage in terms of academics,
and Sister Sanders, who speaks to it in terms of ethos and culture. Attendance at these
events is not mandatory for students or faculty.
Other annual events are the Medallion Ceremony, where new student induction
takes place. As part of the Medallion Ceremony, students are given a medallion with the
University’s motto and a prayer book. The medallion features the University seal on one
side and the quote “We strive to witness to Mercy when we reverence the dignity of each
7 Specifically, Article XV of the bylaws reserve the powers of Article 3, Article 4 §2 ¶a & §3 ¶a, Article
4.3 (second sentence), Article 4.4, Article 6 §1.1 (first sentence) & §2.2, and Article 15 §1.
- 5 -
person” from the Constitutions of the Sisters of Mercy on the reverse. While the prayer
book is primarily Catholic, it does feature several prayers based in other faiths such as
Buddhism, Islam, and Judaism. Neither students, nor faculty, are required to attend the
Medallion Ceremony. Graduation is the only mandatory faculty event, however, it is only
mandatory for full-time and “portion of full-time” faculty, not adjuncts. A Catholic mass
is held the day prior to graduation, but neither faculty nor students are required to attend.
Attendance at the commencement is required for faculty, but not adjuncts, and the
ceremony opens and closes with prayer.
Provost Durante testified that the University was guided (as opposed to
“governed”) by the Ex Corde Ecclesiae, the Apostolic Constitution of the Supreme
Pontiff John Paul II on Catholic Universities. She explained her view of how the Ex
Corde sets forth the expectations of the Roman Catholic Church with regard to Catholic
universities and how “the principles, the ideals of the Church inform the curriculum in
how it is built[,]” but also encourages diversity among the faiths represented by
University faculty to foster “dialogue … that continually examines that intersection of
faith and reason in terms of how we can consider human dignity and social concern.”
Provost Durante admitted she was unsure if she was mandated to use Ex Corde in her role
as Provost, but in her experience with Catholic institutions there was “an expectation that
this document be considered seriously, vibrantly used, [and] attended to.” Another
expectation under Ex Corde is for faculty teaching Catholic theology receive a mandatum
from the local ordinary of the Church. According to Sister Sanders the two Catholic
studies professors have requested and received mandatum.
The University recently submitted a report to CMHE that detailed how the
University expresses and realizes its Catholic identity. The report was the first time
CMHE had requested the information in this form, but the University provides CMHE
with some of the information annually in some form as “an accountability mechanism to
[CMHE].” There is also a Collegium, a colloquy on faith and intellectual life that
includes faculty from sectarian and secular schools. Attendance at Collegium is not
required of faculty or students.
C. Stated Purpose of the University
The current articles of incorporation of Saint Xavier University, most recently
amended on June 11, 1993, state the object of the University is a mission of higher
education. This object does not contain any reference to religion, God, Catholicism,
Sisters of Mercy, or CMHE; instead it speaks only to the purpose of education.
The University’s mission statement8, as listed on its public website and in its
student handbook and faculty resource manual, reads:
Saint Xavier University, a Catholic institution inspired by the heritage of the
Sisters of Mercy, educates men and women to search for truth, to think critically,
8 The current iteration was revised starting in 2002 with approval coming from the Trustees and CMHE in
2005.
- 6 -
to communicate effectively, and to serve wisely and compassionately in support
of human dignity and the common good.
In addition, the University’s philosophy statement9 references its heritage with the
Sisters of Mercy and their Catholic faith, and:
The enduring fellowship of alumni, emeriti faculty, Sisters of Mercy sponsors,
trustees, and other friends and contributors in the community at large [that]
demonstrates their continuing faith in the central mission of Saint Xavier through
various acts of giving, prayer and support. Infusing this community of shared
concern are the distinctive qualities and values of Saint Xavier University,
including the belief that faith and reason can interact in mutually fruitful ways.
Therefore, the University membership encourages a full search for truth,
including religious truth, while respecting freedom of personal expression. It also
promotes a vigorous and compassionate dialogue among the various faith
traditions, and between them and the academic disciplines. At its foundation,
teaching and learning at Saint Xavier are premised upon and committed to the
fundamental dignity and unique worth of each human person.
D. Funding10
Approximately 93%-94% of the University’s revenue comes from tuition with
secondary sources of fundraising and donor contributions. The University currently has
approximately $51-$52 million in outstanding debt to financial institutions, and an
additional $5 million as a loan from the Sisters of Mercy. The Employer also operates a
saloon as part of its main Chicago campus.
E. Faculty and Student Requirements
The University does not investigate the religious beliefs of its students, faculty, or
trustees. In fact, the articles explicitly state:
No religious, racial, color or ethnic test or particular religious profession shall
ever be held as a requisite for admission to said colleges or university or to any
department belonging thereto … or for election to any professorship, or any place
of honor or emolument in … any of its departments or institutions of learning.
Moreover, the University has no requirement for faculty, including adjuncts, to espouse
or emphasize Catholicism in their teachings or imbue students with the tenets of the
Catholic faith. As noted above, discussion of various faiths and viewpoints is encouraged
as part of Ex Corde, including those faculty who may be atheist. Neither the University,
9 Accepted by Faculty Senate and approved by the Trustees and CMHE in 2006.
10 The Petitioner, after the close of the hearing, submitted a written request to reopen the record to admit
certain tax records. The document records in question were available during the hearing, but were not
admitted into evidence by the Petitioner. Accordingly, I do not find the documents meet the requirements
of being newly discovered or previously unavailable to justify reopening the record.
- 7 -
nor the Church, reviews or approves the texts chosen and used by faculty in the
classroom.
As part of the University’s core requirements, students must take two courses in
religious studies, which is on par with the credit requirements in other disciplines (e.g.,
science, history, and arts and humanities), and may fulfill this requirement by taking
courses of any religion. It is not mandatory for students to take a course in Catholicism.
F. Adjunct Faculty11
Two current adjunct professors, Robert Tapia and James Kollros, and one recently
retired adjunct professor, James Andreou, testified to the hiring practices of the
University. Tapia and Andreou were recruited via emails disseminated through their thencurrent
universities, DePaul University and University of Illinois at Chicago,
respectively, whereas Kollros responded to a newspaper advertisement. Each submitted
their curriculum vitae, or in the case of Andreou, a copy of his academic transcript, and
then interviewed with either multiple full-time professors within the department the
applicant was seeking employment, or the chair of the hiring department and the dean of
the associated school. Following the interview, an adjunct applicant may receive an oral
or written offer of employment, followed by a written contract and sometimes a formal
application. Neither the offer, nor the contract, mention the Sisters of Mercy,
Catholicism, God or religion.12 Andreou stated that he raised his observance of Greek
Orthodoxy (or Orthodox Catholicism, as opposed to Roman Catholicism) as a possible
concern during his application interview, but the department chairperson said that it did
not matter.
Unlike full-time and “portion of full-time” faculty13 who receive a thorough third
year review and are regularly evaluated by their department chair and dean, the
performance of an adjunct is based primarily on their students’ evaluations, which
contain no reference to the Sisters of Mercy, Catholicism, or religion. Provost Durante
testified that department chairs will also occasionally evaluate adjuncts every couple of
years, but the chairperson or program director will often delegate this to another faculty
member. The adjunct witnesses stated that they were never instructed to disseminate the
Catholic faith, nor was any aspect of religion addressed in their evaluations. Adjunct
faculty cannot be dismissed for conduct contrary to the Church, nor can they be
dismissed by the Sisters of Mercy or Church officials.
11 On December 24, 2009, in Case 13-RC-21897, the University and Petitioner signed a stipulated election
agreement for its part-time faculty in a unit similar to the instant petitioned-for unit. An election was held
via mail ballot and this Region certified the results on March 3, 2010 that a majority of valid votes had not
been cast for the Petitioner.
12 Adjunct positions in the Department of Religious Studies may contain such references; however, no
evidence was put on the record with regard to religious studies.
13 Pursuant to a petition and Board election, the Faculty Affairs Committee was certified as the collective
bargaining representative of all full-time and portion of full-time faculty in 1979, and has negotiated
multiple collective bargaining agreements with the University over the past three decades.
The "gainful employment" seesaw continues to bounce up and down
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June 2, 2011
For-Profit Colleges Win Major Concessions in Final 'Gainful Employment' Rule
By Kelly Field
Washington
For-profit colleges, which have spent millions fighting the Education Department's proposed "gainful employment" regulations, have won some major concessions in the final rule, due out today.
Under the rule, vocational programs whose students have the highest debt burdens and lowest loan-repayment rates will become ineligible to receive federal student aid.
The changes, which give colleges more time and ways to meet the rule's benchmarks, are expected to significantly reduce the number of programs that would be penalized by the department.
More:http://chronicle.com/article/For-Profit-Colleges-Win-Major/127744/?sid=at&utm_source=at&utm_medium=en
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* Thursday, June 2, 2011
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June 2, 2011
For-Profit Colleges Win Major Concessions in Final 'Gainful Employment' Rule
By Kelly Field
Washington
For-profit colleges, which have spent millions fighting the Education Department's proposed "gainful employment" regulations, have won some major concessions in the final rule, due out today.
Under the rule, vocational programs whose students have the highest debt burdens and lowest loan-repayment rates will become ineligible to receive federal student aid.
The changes, which give colleges more time and ways to meet the rule's benchmarks, are expected to significantly reduce the number of programs that would be penalized by the department.
More:http://chronicle.com/article/For-Profit-Colleges-Win-Major/127744/?sid=at&utm_source=at&utm_medium=en
This guy wants to help you keep your foot out of your mouth
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How to Say the Right Things at the Right Time PowerPack
Have you ever been so shocked by the behavior of a boss, employee or co-worker that you didn't know what to say?
Do you work with a person whose personality is so different from your own that you have difficulty communicating?
When you find yourself disagreeing with others at work, do you wish you could find the right words to ease tension and get the results you want?
If so, you're definitely not alone!
The advice presented in this new PowerPack offers the best ways to communicate with a variety of workplace personalities, including: change resisters, chronic complainers, irate customers, nitpickers, office dictators, procrastinators and many more.
You'll discover the right things to say at the right time to the right people.
You will receive:
* 10 copies of “21 Workplace Personalities: How to Say the Right Things at the Right Time.”
* CD containing a beautiful companion PowerPoint presentation, in both a PDF and PowerPoint document format.
Run efficient and information-filled training sessions with Briefings Media Group’s new PowerPack series! Each PowerPack includes 10 copies of a best-selling tip book and a CD containing a beautiful companion PowerPoint presentation you can use to facilitate a training workshop with your employees. We provide the PowerPoint presentation as both a PDF for easy sharing and as a PowerPoint document with all of the functions of PowerPoint.
For more information visit http://www.essentialbusinesstraining.com/Prod-1635.aspx?sourcecode=EMB06B or call 1-800-791-8699.
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