More on Tony Varona...

Below is the text of the AALS's Minority Group Section's Executive Committee's letter on the matter. If after reading it, you would like to add your name, here is the link to do so:

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Association of American Law Schools (AALS)
Section on Minority Groups
Executive Committee
Open Letter in Support of Miami Law Dean Anthony E. Varona
and in Protest of His Egregious and Improvident Termination by
University of Miami President Julio Frenk*

May 27, 2021

Friends, colleagues, and other interested persons:
We, the Executive Committee of the AALS Section on Minority Groups,
condemn and protest the University of Miami’s firing of its first Latinx law
dean, Anthony E. “Tony” Varona.1 We are shocked and dismayed that the
University leadership, particularly University President Julio Frenk, has
acted so egregiously against Dean Varona and so improvidently for the
University of Miami School of Law (Miami Law).
Compounding the situation, President Frenk publicly announced that
he had asked Dean Varona to “step down” effective on July 1, 2021 without any
prior consultation of the Miami Law faculty.2 Purporting to explain his
decision, President Frenk cryptically wrote, “The historic events of the past 16
months have revealed both challenges and opportunities that highlight the
need for a dean with the required vision and effectiveness of execution to bring
the school to new levels of excellence.”3 He continued, “In particular, the
current capital campaign—which will culminate in four short years—presents

* This slightly revised version of the letter distributed earlier on May 27, 2021 supersedes the
prior version, and its title has been changed to mark the difference—replacing “Summary” in
the prior version with “Egregious and Improvident” in this one.)
1 See A Message from President Julio Frenk, University of Miami (May 25, 2021),
https://messages.miami.edu/messages/2021/05/05-25-21-presidents-letter.html. Chartered in
1973, the AALS Section on Minority Groups has more than one thousand members. See Section
on Minority Groups, AALS, https://www.aals.org/sections/list/minority-groups/ (last visited
May 27, 2021). N.B. This letter does not represent any official position of the AALS.
2 See Ediberto Román, Absurdity at University of Miami Law, Faculty Lounge (May 26, 2021),
https://www.thefacultylounge.org/2021/05/absurdity-at-university-of-miami-law.html
[https://perma.cc/3RAE-4A7T]. See also Jess Lieberman, Dean of UM Law School Fired;
Tenured Faculty Protest Decision, MIAMI HURRICANE (May 25, 2021),
https://www.themiamihurricane.com/2021/05/25/dean-of-um-law-school-fired-tenuredfaculty-draft-resolution-in-protest/ [https://perma.cc/KEP5-ZABY] (reporting on the Miami
Law faculty resolution).
3 A Message from President Julio Frenk, supra note 1.
AALS Section on Minority Groups Executive Committee
Open Letter in Support of Miami Law Dean Anthony E. Varona
Page 2 of 4
a rapidly narrowing window of opportunity to mobilize significant resources on
behalf of Miami Law.”4
The inadequacy of President Frenk’s “explanation” was immediately
apparent: internally, the tenured Miami Law faculty adopted a resolution
protesting and asking for reconsideration of the University’s decision.5
Externally, other law professors—in Florida and across the nation—
apprehended and protested the improvidence of this decision. For example, on
The Faculty Lounge, Professor Ediberto Román, of Florida International
University College of Law, wrote, “This rash decision in the midst of a
pandemic in only his second year as law dean was nothing short of absurd,
unsound, rash, and ignorant.”6
Indeed.
In our view, President Frenk’s suggestion that “the current capital
campaign—which will culminate in four short years” motivated his decision to
terminate Dean Varona’s leadership of Miami Law makes no sense: in 2019,
the Miami Law faculty voted overwhelmingly to invite Dean Varona’s
leadership, and he began his deanship in August of that year.7 A little over a
year later, Miami Law publicly extolled Dean Varona’s vision and effectiveness
in engaging with and exciting the Miami Law community and its stakeholders,
including his leadership in obtaining over one million dollars to establish the
Miami Law Student Emergency Fund.8 More generally, Dean Varona has a
reputation for being an excellent fundraiser.
If the University leadership sincerely desires for Miami Law to realize
the “rapidly narrowing window of opportunity to mobilize significant resources
on behalf of Miami Law[,]”9 it seems foolhardy at best to interrupt the plans
initiated under Dean Varona’s leadership less than two years into his
deanship. With four more years before the culmination of the current capital
4 Id.
5 See Román, supra note 2 (quoting in full the May 25, 2021 Miami Law Resolution of the
Tenured Faculty).
6 Román, supra note 2.
7 See Richard Westlund et al., A Look Back One Year After Becoming Dean, Tony Varona
Navigates Miami Law Onward and Upward, Miami Law (Oct. 1, 2020),
https://www.law.miami.edu/news/2020/october/look-back-one-year-after-becoming-dean-tonyvarona-navigates-miami-law-onward-and [https://perma.cc/F6NH-GS3Q].
8 See id.
9 A Message from President Julio Frenk, supra note 1.
AALS Section on Minority Groups Executive Committee
Open Letter in Support of Miami Law Dean Anthony E. Varona
Page 3 of 4
campaign, a university with wise leadership would patiently await the fruition
of Dean Varona’s plans rather than force the Miami Law faculty to rely on an
interim dean for all or part of the 2021–22 academic year, conduct a new dean’s
search, and hope that the new dean can make it rain in the face of a “rapidly
narrowing window of opportunity”10 and the patently unfair requirement to
fundraise phenomenally in less than half of the typical five-year decanal
appointment or else suffer summary dismissal.
Experience instructs that something more is at play.
Rather than wait for litigation to illuminate the real reasons behind the
University leadership’s decision, we therefore raise our voices in support of the
May 25, 2021 Resolution of the Miami Law Tenured Faculty. In particular, we
endorse their urgent request to meet with President Frenk, Executive Vice
President for Academic Affairs and Provost Jeffrey L. Duerk, and the
Executive Committee of the University’s Board of Trustees.
Principles of academic freedom and self-governance require that
University leadership account to and genuinely consult with the Miami Law
faculty regarding this egregious and improvident decision. Hopefully, upon
reconsideration, the University will reverse itself. Indeed, unless compelling
evidence militates otherwise, the University should follow the Miami Law
faculty’s direction. Who knows better than the faculty what leadership they
need in order to excel individually and collectively and thereby provide the best
possible education to current and future Miami Law students?
In any case, the University must immediately initiate an independent
and credible investigation into the actual reasons for Dean Varona’s firing. The
need for independent and credible investigation is urgent and vital,
particularly given the patently pretextual reason proffered by President Frenk;
the current political climate of Florida; and Dean Varona’s identity at the
intersection of constitutionally- and statutorily protected groups, including
inter alia his homosexuality and Hispanic (Cuban American) ethnicity.
Moreover, in light of the January 6, 2021 insurrection at the U.S. Capitol and
the recent proliferation of state voter suppression laws, independent and
credible investigation is necessary to discern whether Dean Varona has been
targeted for silencing or retaliation because of his powerful voice and staunch
support for the protection of civil, and other human, rights.
In closing, Dean Varona has earned deep admiration, respect, and
friendship throughout the legal academy of the United States. It is
unfathomable that the University of Miami should take such an arbitrary,
capricious, and unilateral action against him. The asserted rationale for this
10 Id.
AALS Section on Minority Groups Executive Committee
Open Letter in Support of Miami Law Dean Anthony E. Varona
Page 4 of 4
action is even more impenetrable in light of the highly capable leadership and
energetic commitment that Dean Varona has so amply demonstrated at Miami
Law—and throughout his prior decades of sterling work as a law school
administrator, professor of law, and attorney.
+++
Individual endorsements follow. Institutional affiliations are indicated for
identification purposes only and do not represent institutional endorsement of
this letter.

Comments

[Anthony N.]

The letter mentions what is the likely reason he was fired—for being a staunch advocate for racial and social justice. I can imagine a potential or current donor, alum, or politician disagreeing with any of Tony’s statements on the insurrection or racism in our justice system, policing and communities. This person (or persons) may be threatening not to support the school unless Tony is fired. The political atmosphere in Florida makes this even more likely. I know many deans have faced some backlash for statements on the insurrection and the murder of George Floyd. I have received some backlash from alumni for my statements. The President and Provost at Univ. of Miami may have decided it was more important to appease a donor or alum or politician instead of supporting Tony’s right to speak out. I’m guessing it was a donor because the president referenced fundraising in his statement to the community.

[AnonProf]

Yes, this is increasingly sounding like it’s politically motivated. I feel bad for the fine faculty at the University of Miami (not to mention students and alums) as the school’s reputation is really going to suffer. I’m glad Dean Verona is suing though as I cannot wait to see what comes out in the course of discovery.

[TelenovelaTerry]

Seriously this is a total shitshow. Firing him for nothing but political and possibly other animus is bad enough, but to fire him so publicly and with such a disrespectful and defamatory email to the world? WTF?! Total incompetence at the top. A spineless president and provost.Out of control trustees who apparently know nothing about the law. The fired dean appears to be the only one with class, professionalism, and a conscience. Seriously, WTF.

[A non]

Don't forget the other aspect of his intersectional identity: the bourgeoise/managerial class of European-descended Cubans who fled the progressive revolution in their settlor colony island (90 miles offshore of the USA) in order to live on a different indigenous people's lands instead...

[A-non]

A non - you don't think a bourgeoisie/managerial class runs Cuba? Ha.

[Anon 4]

a lawyer named Daniel B. Ravicher has tweeted some stats appearing to show that UM's bar passage rate was in the 1st and 2nd place among Florida schools in the 2016-17 era under the prior dean, then began a declining trend under that dean and then accelerated under the recently fired dean. now the bar passage is on a par with Barry whereas under the prior dean the UM passage rate was about 50% higher than Barry.

is this a reason for the firing? i could imagine that the school would be reluctant to publicly trumpet such a reason.