Aaron Boies, one of 13 students in Dr. Steve O’Kane’s Plant Systematics class, Oct. 7, 2021. 
The students of Dr. Steve O’Kane’s Plant Systematics class, in their Biology lab classroom.
Students of Plants Systematics class (BIOL-4166/ BIOL-5166) Publicly Stated, 7 October 2021:
Aaron Boies (Author, Representing Students of BIOL-4166/BIOL-5166)
The students of Dr. O’Kane’s Plant Systematics class BIOL-4166/BIOL-5166 have previously met together and contributed their thoughts and opinions to a set of agreed upon expectations regarding the situation that the Iowa Board of Regents and their acting superior has placed upon us. We state these demands and expectations publicly empowered before student advocates and witnesses, as well as faculty of the University of Northern Iowa.
- Full to partial refund (no less than 50% course tuition) of the tuition paid for this course. This accommodation is based on the quality of education suffering revision.
- Pass/fail or complete/incomplete grading format is the only way to make this revised format of the course fair for all students in this class.
- We as students demand to have a formal and entire explanation written to us for the actions taken against our professor and by consequence directly upon innocent students. This explanation should include the names of specific individuals that are directly responsible for these actions upon our class.
- We as students demand that the University of Northern Iowa create policy and protocol to protect students first; specifically for this type of situation of any student suffering academic disruption by administrative actions upon the professor during the semester.
- We as students suggest our opinions that professors should be able to uphold their own reasonable rules and expectations for their students to follow in the classroom.
- We suggest as a class that all restrictions still in place regarding Dr. O’Kane and his classroom should be removed and that the normal course will be followed as closely as possible.
We as students would still like to express some Statements regarding concerns and complaints despite the revision of our course for the semester having taken place. Our shared grievances and concerns include:
- This is currently still a pandemic and it is justified to request a safe work/learning environment, even with the request to wear masks during a class period.
- The actions taken against our class has caused unnecessary stress and anxiety that cannot be taken back. Directly causing dedicated students to halt study of this course in uncertainty.
- Many students had agreed that this caused some level of depression along with the anxiety and stress.
- We all joined this class intending to learn about plants directly from Dr. O’Kane and we feel our quality of education has now been taken away despite course revision.
- We feel as if we were not considered or thought of when any of these administrative decisions were initially made. We also feel that the plans made for students were made in haste and are still not adequate to our expectations as students of University of Northern Iowa. We feel more could have been done to protect the students.
- This revision still causes us to waste course work that we had already done but is now not able to be used for a grade due to restrictions placed upon our professor in his own classroom.
- Students share concern that politics and special interests upheld by the Iowa Board of Regents and their acting superior are involved in the actions taken against our class. The safety and health of students and faculty is not considered by the Board policy. The policy is politically motivated and has obviously failed us as students and as a university community.
NISG VP Alisanne Struck (right) with other members of Northern Iowa Student Government, Oct. 7, 2021.
A Resolution for: Condemn the Official University and BOR response to Dr. O’Kane’s Policy Violations in how it affects his Students
Passed by the Northern Iowa Student Government, Oct. 6, 2021
8 yes, 0 no, 2 abstentions
SSR 2022-11
A Resolution for: Condemn the Official University and BOR response to Dr. O’Kane’s Policy Violations in how it affects his Students
Written by: President Samantha Bennett
Introduced by: Speaker Sam Caughron
Sponsored by:
Vote: 0-0-0
Speaker Action:______________________________________________________
Speaker Sam Caughron Date
WHEREAS: Dr. Steve O’Kane has been relieved of in-person teaching duties by the University as a result of violating university and Board of Regent policies; and
WHEREAS: This left Dr. O’Kane’s Plant Systematics course without an instructor, which had put the class on hold until further notice; and
WHEREAS: The University was not able to provide the students of Plant Systematics with any concrete solutions regarding the future of their class, their credits, or their course fees; and
RECOGNIZING: A violation of University and/or Board of Regent policies can not be without consequence; and
RECOGNIZING: The consequences currently decided upon by the University for Dr. O’Kane result in a punishment not only for him, but for his students, who have neither violated policies nor made any actions that necessitate punishment; and
FURTHER RECOGNIZING: The University of Northern Iowa exists to provide an education to its students who are promised a top quality education and who pay for such with both large amounts of time and money; and
FURTHER RECOGNIZING: Plant Systematics is a highly specialized course over topics Dr. O’Kane is regarded to be the only qualified individual to teach; and
FURTHER RECOGNIZING: The students in Dr. O’Kane’s Plant Systematics course have dedicated countless hours and energy to this course, resulting in a large body of work already completed or initiated; and
FURTHER RECOGNIZING: There are students enrolled in this Plant Systematics course who need this class to graduate this semester, and the initially decided upon university punishment of relieving Dr. O’Kane with no determined plans for replacement jeopardized students’ graduations; and
FURTHER RECOGNIZING: These students have expressed that the course of action taken by the University and the Board of Regents has put them under great distress, had a negative impact on their experiences both academically and personally, and left them with an uncertain future at UNI; thus
BE IT THEREFORE RESOLVED: The Northern Iowa Student Government voices full support of the students in BIOL 4166, and condemns the University of Northern Iowa Administrators and Board of Regents’ handling of the situation involving Dr. Steve O’Kane and his students; and
BE IT FURTHER RESOLVED: that physical copies of these documents will be sent to the Senior Leadership Team of the University of Northern Iowa; and
BE IT FURTHER RESOLVED: that physical copies of these documents will be sent to the members of the Board of Regents; and
BE IT FURTHER RESOLVED: that this resolution be administered to the general student body from NISG via email and social media accounts.
Letter to UNI Faculty, Oct. 2, 2021 (regarding Dr. Steve O’Kane)
Dear Colleagues,
Last week, one of our respected faculty members, Dr. Steve O’Kane, took a brave public stand in the name of protecting the health and safety of our UNI family and the Cedar Valley community by announcing that he was requiring students to wear a mask in his classes, a mandate that our fall faculty survey found that 85% of respondents agreed with, and more importantly that the Centers for Disease Control recommends. Last Monday Dr. O’Kane asked the Faculty Senate to support a resolution asserting the right of faculty to do the same, counter to the May BOR statement lifting the state of emergency COVID rules on masking and social distancing. While he had other options to protect his own personal safety, he took this stand on behalf of all of us. In particular, he stands for other faculty he knows who are vulnerable in classrooms filled to capacity with unmasked students and more vulnerable economically and professionally to possible sanctions. You can read more about his thinking and decision making in his blog post for AAUP/Academe.
Although all of Dr. O’Kane’s students chose to mask following his announcement and none of them complained to UNI administration or the BOR, UNI announced it would sanction Dr. O’Kane by removing him from teaching his in-person classes, requiring him to complete a TBA training on obedience, imposing an automatic “needs improvement” rating for his evaluation this year resulting in no merit pay, and threatening him with further discipline up to and including termination if he does not comply with all university and BOR policies in the future.
There are so many things wrong with this decision it is hard to know where to start, but United Faculty will pursue each and every issue and will strenuously defend Dr. O’Kane.
- Chapter 20 of the Iowa Code protects the rights of employees to organize for mutual aid and protection as long as the action is not prohibited by law. The BOR statement lifting the state of emergency is not a law, and it’s a stretch to even call it a policy. We believe that Dr. O’Kane’s actions are protected by Chapter 20 and that the discipline violates the law. Therefore, the United Faculty Executive Board has voted to file a Prohibited Practice Complaint (our third in recent years) against the BOR and UNI.
- In the discipline imposed, UNI has violated several of its own policies.
a) First, all of us have worked tirelessly in the last three years to articulate clear departmental standards and criteria for evaluation of teaching, research, and service and procedures found in the Faculty Handbook Ch. 3. We do not measure teaching excellence through indicators like compliance to policy. Sanctioning O’Kane’s mask requirement with a “needs improvement” rating in teaching is a completely inappropriate use of our evaluation system as a lever of discipline outside of the standards themselves.
b) Second, UNI asserts Dr. O’Kane violated UNI policy 6.10. It is unclear how this policy was violated, but one administrator told us it was in regard to inappropriate grading. However, it is this same policy (ironically) that protects faculty’s academic freedom to teach and assess student work. Further, UNI policy 12.01 states “Recognizing that grade determinations are an integral part of a faculty member’s academic freedom, administrative officers cannot substitute their judgment for that of the faculty concerning the assignment of a grade except as a result of the grievance process outlined in this policy or as defined by circumstances requiring an administrative grade change as documented in University policy regarding administrative grade changes.” None of Dr. O’Kane’s students filed a grievance under policy 12.01 and none of their grades were impacted by his mask policy.
c) Third, UNI has ignored the Procedures for Imposing Disciplinary Sanctions, Short of Dismissal approved by the Board of Regents, State of Iowa, June 1973. These due process rights include an evidentiary review by a faculty panel prior to the imposition of discipline.
United Faculty will assist and support Dr. O’Kane in pursuing all internal appeal processes under the 1973 BOR Procedures, and Chapters 11 and 12 of the Faculty Handbook and continues to explore other legal options.
- The discipline imposed is a disproportionate, unnecessarily disruptive, political show of force that harms O’Kane’s students and their learning, and communicates to faculty that UNI/BOR will not stand up to external threats to our core values like academic freedom, peer review in evaluation, due process, and the core mission of transformative education.
Dr. O’Kane is an outstanding teacher, scholar, and servant leader. In 2015, he was the recipient of the BOR Award of Excellence, one of the highest faculty honors awarded. His expertise in plant systematics and evolution and his scholarship in rare plants uniquely qualifies him for the courses he is assigned to teach. His students were shocked by his removal from the class. “The class in plant systematics is “highly specialized. Dr. O’Kane — no one has anywhere near his sort of knowledge,” one student reported. Another wrote to United Faculty and said the BOR policy “is failing the students and professors.” The student added “As a biology student I am in full support of Dr. O’Kane and any other faculty who would like to see all students wear masks in the classroom. To punish him for requesting safety and public health practice in his own classroom is denying him the right to a safe and healthy workplace.”
Finally, it is important to note that Dr. O’Kane chose to teach in-person rather than requesting to teach online because he believed it was the best way to teach a lab class and the best way for students to learn his content. His deep commitment to his students, at risk to his own health, makes his removal from the classroom all the more outrageous.
United Faculty will continue to advocate for increased COVID safety measures like masks and social distancing in our follow up to our OSHA complaints. Dr. O’Kane’s situation underscores the critical importance of having a union. If you are not already a dues-paying member, we strongly encourage you to join today. You can find more information on UF here.
Please reach out to either of us with any questions or concerns about this case or about any issues you are experiencing. United Faculty works for you and we have your back.
In Solidarity,
Becky Hawbaker (President) and Chris Martin (Vice President).
Notice of Disciplinary Action Sent to Dr. Steve O’Kane, Sept. 29, 2021
Letter of Support No. 1 from Student of Dr. Steve O’Kane, Sept. 30, 2021
Letter of Support No. 2 from Student of Dr. Steve O’Kane, Oct. 3, 2021
Letter of Support No. 3 from Student of Dr. Steve O’Kane, Oct. 4, 2021
Letter of Support from Entire Class of Dr. Steve O’Kane, Oct. 5, 2021
Northern Iowa Student Government (NISG) President Samantha Bennett and Vice President Alisanne Struck “expressed their support of United Faculty’s complaint against the Regents regarding workplace safety.” (Faculty Senate meeting, Aug. 23, 2021).
Letter to UNI Faculty, Aug. 14, 2021
Dear Colleagues,
Last fall, as we returned to face-to-face classes in the throes of COVID, we were deeply concerned, but we also believed UNI and the Board of Regents were taking reasonable measures to protect our health and safety and that faculty were generally protected in socially-distanced classrooms, with masks required indoors, increased cleaning, improved air systems, and faculty at greatest risk approved to teach virtually as a health accommodation. We ended the year proud of the work all of us accomplished together to keep each other safe and our COVID casualties low.
This year, with the widespread availability of effective vaccines, we all had hoped for a return to more normal and safe operations. However, in the last month, things have quickly changed. We’ve seen the exponential growth of COVID variants like Delta and a growth in cases here in Black Hawk County rising to pre-vaccine levels. We’ve read growing evidence that existing vaccines are not as effective in preventing infection or transmission with variant forms of COVID (although they still offer important protection against hospitalization or death) and we have seen a leveling off of vaccinations in the county and state. On Wednesday, we were informed that the BOR will continue to only encourage masks and vaccines while prohibiting us from mandating them. These are not normal times. COVID remains a serious threat, and most of the strategies that kept us safe last year will not be in place this year.
What is United Faculty Doing To Protect Your Health and Safety?
- UF has filed a complaint with the US Department of Labor Occupational Safety and Health Administration (OSHA) against the BOR for failure to provide a safe working environment. You can add your own individual OSHA complaint here.
- UF has written a letter to the Board of Regents asking them to allow UNI to impose a mask mandate and to mandate COVID vaccines when the FDA has given these full approval (expected within weeks). We ask you to sign on with us via THIS UNI PETITION. The University of Iowa faculty have also sent a letter and petition, and you are welcome to sign theirs as well at this link.
- UF will continue to advocate for you on the UNI COVID Response Team and in meetings with administration.
- UF will continue to support your autonomy and freedom in your classroom to the fullest extent of the law. We will have further guidance for you on this soon.
What Can You Do to Protect Your Health and Safety?
You know the drill on most of these below, but….
- Get vaccinated. Come to the vaccination clinic on 8/20 or every Thursday afternoon or Friday mornings at the Student Health Clinic or use another provider.
- Wear a mask in indoor public spaces and strongly encourage colleagues and students to do so as well. The CDC guidance now recommends that even those who are vaccinated should wear masks in public indoor areas with high rates of transmission (like Black Hawk County and most of Iowa). Be a role model in respecting and protecting others.
- Plan to proactively communicate with your students prior to the first day on safety and masking.
- Look up your assigned classroom and experiment with how you could reconfigure it to allow for greater social distance. Try requesting a larger classroom and consider hybrid flipped classroom models if you are at higher risk.
- Limit your exposure to indoor settings without social distance, including making office hours virtual and utilizing Zoom for committee meetings.
- Although you may have been told that it is illegal for you to make any inquiry to students on vaccination or other COVID questions, United Faculty has consulted our attorney and is encouraging members to offer to students a voluntary and anonymous survey on vaccination status, intention to mask, and other questions that would help you to make decisions in your classroom. Sharing your results with UF will also help to provide data on campus vaccinations that is otherwise unknown.
- If you are one of the faculty who have been denied a COVID accommodation to teach virtually based on your own medical condition, please contact UF for further guidance and legal advice. You might also consider filing a complaint with the Iowa Civil Rights Commission.
Please continue reaching out to us to share your questions and concerns and we will continue to advocate and work on your behalf.
In Solidarity,
Becky Hawbaker, President, UF-AAUP
Chris Martin, Vice President, UF-AAUP
Letter to the Iowa Board of Regents, Aug. 14, 2021
We write to join our colleagues at the University of Iowa to ask for your swift action and compassion to protect the health and safety of students, faculty, staff, administrators and others at UNI as we begin fall classes August 23. Specifically and most immediately, we ask for a mask mandate for UNI indoor campus spaces, shifts in classrooms to allow for greater social distancing, and mandating the COVID vaccine for employees and students once the vaccine has full FDA approval.
Like all of you, we had hoped that with the development of effective vaccines last spring, our return to fall would be a return to normalcy. However, in the last month, things have quickly changed. We’ve seen the exponential growth of COVID variants like Delta and a growth in cases here in Black Hawk County rising to pre-vaccine levels. We’ve read growing evidence that existing vaccines are not as effective in preventing infection or transmission with variant forms of COVID (although they still offer important protection against hospitalization or death) and we have seen a leveling off of vaccinations in the county and state. On Wednesday, we were informed that the BOR will continue to only encourage masks and vaccines while prohibiting us from mandating them. These are not normal times. COVID remains a serious threat, and most of the strategies that kept us safe last year will not be in place this year.
The OSHA Act of 1970 SEC. 5. (1) 29 USC 654 provides clear guidance on basic standards for workplace safety:
“Each employer shall furnish to each of his [sic.] employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees;”
The science is clear that vaccines and masks are the most effective means protecting us against the recognized hazard of COVID and its variant forms. As COVID has already caused the deaths of thousands of Iowans, its serious threat to physical harm to your employees cannot be minimized. Your COVID policies leave us with an unsafe work environment, leaving us exposed to the recognized hazard of COVID, which has already killed thousands of Iowans.
UNI has faculty with their own serious health risks who have been denied an accommodation to teach online in fall 2021 because it is, according to university officials, inconvenient for students to switch course delivery. We have faculty with vulnerable and unvaccinated children or other family members who are not eligible for ADA accommodations left with few options to protect their family as you require them to teach face to face in a mask-optional, socially-distanced-impossible environment. This is professionally and ethically untenable.
We recognize that this is a politically charged issue, but at the end of the day each of you must answer to your own conscience or higher power whether you did all you could to protect the most vulnerable under your care. It should not take another spike in infections, hospitalizations, or deaths for you to act to prevent what is predictable given the science and the experience of other states. We should not risk the death or long-term COVID disability of one university employee or student because we did not act soon enough.
Please, do the right thing. Speak truth to power. Stand up for the thousands of Regents employees and students who depend on your safeguarding.
•Follow CDC guidance and reinstate a mask mandate for unvaccinated individuals as well as those vaccinated as long as local data show a high rate of infection.
•Once COVID vaccines receive full FDA approval, require them for students, staff, and employees.
•Recommend the offering of virtual options for all campus meetings
•Establish clear and transparent benchmark data to trigger decisions for moving online and returning to face-to-face instruction.
Thank you for your consideration and please do not hesitate to contact us for further discussion. We sign below and will update with the names of additional faculty, staff, or students as they join our invitation of petition.
Sincerely,
Becky Hawbaker, President, United Faculty-AAUP
Chris Martin, Vice President, United Faculty-AAUP
United Faculty’s Aug. 13, 2021 Complaint to OSHA
Additional Attachments from Iowa Workforce Development, Aug. 26, 2021: No. 1, No. 2
Letter to Board of Regents from Faculty Senates of Three State Universities, Sept. 22, 2021
Letter to the Iowa Board of Regents, Sept. 24, 2021
United Faculty-AAUP stands in full solidarity with the statement (attached) you have received from faculty senate leaders from the three Regent’s institutions. Consider this email a virtual signature from me as UF President and from Chris Martin as Vice President.
We also continue to stand by the petition we previously sent asking you to:
•Follow CDC guidance and reinstate a mask mandate for unvaccinated individuals as well as those vaccinated as long as local data show a high rate of infection.
•Require COVID vaccinations for students and employees.
•Recommend the offering of virtual options for all campus meetings
•Establish clear and transparent benchmark data to trigger decisions for moving online and returning to face-to-face instruction.
If you are interested in seeing more of the responses from our petition, now signed by several hundred, please let me know. I know that I am very interested in receiving a response from you, even if it is just an acknowledgment that you have received this message. Complete silence is hard to read as anything positive.
House File 847 (pp. 14-15 for ban on facial covering requirements).
State of Iowa Board of Regents, “Statement from President Mike Richards Lifting Regents State of Emergency,” May 20, 2021.