Why keep paying for no work?

By The Gazette Editorial Board

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The University of Iowa so far has shelled out $430,000 in salaries for two professors who were placed on leave because they've been accused of criminal acts.

The school has barred the professors - one already convicted of assault, the other accused of falsely reporting a stabbing to Chicago police - from work duty while they deal with their legal troubles. Yet they continue to cash paychecks.

UI officials say their hands are tied. But why should taxpayers continuing paying the full salary of an Regents university faculty member - especially one charged with a serious crime - who isn't performing his or her duties for an extended period of time?

UI leaders can, and do, place faculty members on paid leave if they feel the faculty member poses an actual or perceived threat to the health and safety of others, or to the continued operations of the institution, UI spokesman Tom Moore told us this week.

There is no hard and fast rule governing such decisions, he said - they're made on a case-by-case basis, usually by the provost, in consultation with others.

But unpaid leave is not an option UI officials consider, Moore said, because of a 1999 case that found Iowa State University was justified in placing an employee on paid leave because it didn't cause that person economic harm.

“The interpretation is that we can place faculty members on paid leave, but because of the principle of preventing economic harm, could not place a faculty member on unpaid leave,” Moore said.

“We don't believe we have the option of placing faculty members on unpaid leave, because of this ruling.”

But what about common-sense stewardship of public money? Unpaid leave, while perhaps preserving health care coverage, would be more suitable for cases involving felonies or other serious charges. That's especially true since internal investigations - which could lead to more meaningful disciplinary action, like termination - are often delayed for months pending the outcome of criminal proceedings.

Take the case of Toshiki Itoh, an assistant pathology professor recently convicted of two counts of assault causing bodily injury for repeatedly kicking and hitting a female laboratory assistant, and facing a retrial on a related felony sexual abuse charge.

Itoh's been receiving his $93,000 annual salary since he was put on paid leave in July 2008 - a total of $220,000, increasing $255 per day. Still, the UI has delayed an internal investigation into Itoh's employment pending the outcome of the other criminal trial.

“The university can't leap to judgment,” Moore told us. We agree.

But “leap” isn't the word we'd use to describe years of payment for no work. If the UI's interpretation of the law is accurate, then the law itself should be changed.