AAUP@FHSU


AAUP Signs on to Brief in Support of Dreamers

Last week, the AAUP, together with forty-three educational associations, signed onto an amicus brief submitted to the Supreme Court in support of the Deferred Action for Childhood Arrivals (DACA) program, whose participants are often referred to as “Dreamers.” The brief calls the DACA program “an unmitigated good for this country, its higher education system, and the young persons whom it has benefited.”

The brief was prepared by the American Council on Education and submitted to the high court in the consolidated DACA cases Dep’t of Homeland Sec. v. Regents of Univ. of Cal.et.al.

The amicus brief emphasizes that “DACA has been a symbol of tolerance and openness of our university campuses” and warns that rescinding DACA would broadcast to foreign-born students and potential students from around the globe a message of exclusion that would “irreparably damage the reputation of America’s higher education system in the eyes of the world.”

The Supreme Court is scheduled to hear oral argument in this case in November and a decision is expected before June 2020. The Trump administration moved to end DACA in 2017, but federal courts blocked that attempt. At that time, the AAUP issued a strong statement in support of DACA noting that “a large number of those granted DACA status are our students.” Most recently, the Court of Appeals for the Ninth Circuit upheld one of the district court’s orders requiring the Trump administration to keep the DACA program in place.

You can find a link to the full brief here.

Risa Lieberwitz
General Counsel, AAUP


AAUP Files Brief in Gender-Based Pay Disparity Case

The AAUP has filed an amicus brief in the Ninth Circuit Court of Appeals in support of Professor Jennifer Freyd, who sued the University of Oregon (UO) for pay discrimination based on significant pay disparities with male faculty members. A district court had dismissed her suit based, in part, on the court’s conclusions that she and her male colleagues did not perform equal work, and that the reasons for the pay differentials did not have a disparate impact on women.

The district court, in ruling against Professor Freyd, also claimed that the pay differential was justified by the “academic freedom” of faculty to “remake their job.” The AAUP’s brief refutes this argument, writing, “academic freedom is a condition of employment that all faculty hold in common to enhance their ability to engage in teaching, research, and service. It is not a weapon to be wielded as a justification for gender-based inequalities”

The amicus brief notes that “the wage disparity in Freyd’s case is an example of the ongoing gender-based salary inequalities in the academic profession, generally, and for women full professors in doctoral institutions, in particular.”

Professor Freyd is paid substantially less than her male colleagues in the psychology department who hold the same positions as full professors. A 2016 department study found a “significant equity problem with respect to salaries at the full professor level.” The UO psychology department also underwent an external review, which found gender disparity in faculty salaries at the full professor level. It recommended that the department “continue pressing for gender equity in terms of pay at the senior levels of the faculty.” Both reviews traced the disparity back to retention raises given to male professors who pursued outside offers of employment.

While UO policy provides for gender equity adjustments, administrators failed to adjust Professor Freyd’s salary. The AAUP’s brief argues that the UO retention raise practice was not a valid defense to the discrimination claims, since UO policy provides for gender-equity adjustments but didn’t make any after boosting the pay of male faculty.

You can find a link to the full brief here. We will keep you posted as the case develops.

Risa Lieberwitz
AAUP General Counsel

P.S.–Breaking news update: in a win for affirmative action, a federal judge has upheld Harvard University’s race-conscious admissions standards. The AAUP had previously joined an amicus brief supporting Harvard’s right to exercise its academic judgment in setting admissions standards. More on that here.


Two Institutions Added to AAUP’s Censure List, One Sanctioned

The AAUP annual meeting voted today to add St. Edward’s University of Texas and Nunez Community College of Louisiana to the AAUP’s list of administrations censured for failing to observe generally recognized principles of academic freedom and tenure. The meeting also voted to add Vermont Law School to the AAUP’s list of institutions sanctioned for serious departures from AAUP-supported standards of academic governance and to remove Idaho State University from the list.

Censure by the AAUP informs the public as well as the academic community that the administration of an institution has not adhered to the generally recognized principles of academic freedom and tenure jointly formulated in 1940 by the AAUP and the Association of American Colleges and Universities and endorsed by more than 250 professional and educational organizations. As of today, 58 institutions remain on the censure list.

In the case of St. Edward’s, the AAUP investigating committee examined the dismissals of two tenured faculty members and the nonrenewal of a tenure-track faculty member, and concluded they were dismissed without being afforded academic due process. The committee also found credible the two faculty members’ claims that their criticism of administrative decisions had led to the actions against them. With regard to the tenure-track faculty member, the committee found that she had not been afforded adequate notice of nonrenewal or the opportunity to appeal the decision to a faculty body. General conditions for academic freedom and governance at St. Edward’s were found to be “abysmal,” with “fear and demoralization” widespread among the faculty. You can read the report, released in March, here.

At Nunez Community College, the administration terminated the services of an associate professor of English who had served the institution for twenty-two years. The investigating committee concluded that the administration had not afforded the professor the dismissal hearing to which he was entitled as the result of having obtained de facto tenure through length of service. The investigating committee further concluded that the administration took the action in violation of the professor’s academic freedom to speak on institutional matters without fear of reprisal. You can read the full report here, and you can watch aFacebook Live discussion with committee chair Nicholas Fleisher here.

Vermont Law School (VLS)  was added to the sanction list after an AAUP investigating committee found departures from AAUP-supported standards of academic governance evident in a faculty “restructuring” process at VLS that resulted in lowering salaries, reducing the number of full-time positions, and effectively eliminating the tenured status of nearly 75 percent of the institution’s highest paid faculty members. The investigating committee found that the faculty played no meaningful role in analyzing, assessing, or, most important, approving the restructuring plan. The report also found that unacceptable conditions of academic governance prevail at the institution. You can read the report of the investigation here.

Idaho State University in Pocatello, Idaho, was removed from the sanctioned institutions list. The administration of Idaho State University was sanctioned in 2011 after the Idaho State Board of Education suspended the faculty senate on the recommendation of the university’s president, following several years of intense conflict between the senate and the administration. In spring 2018 the president whose actions led to the sanction retired and his successor approved a proposed new faculty senate constitution that the faculty had ratified. Following its adoption by the state board of education, faculty this spring elected a new senate under the revised constitution. The faculty senate, the university’s AAUP chapter, and the administration supported removing the sanction, and an AAUP representative who recently visited the campus found conditions for faculty governance at ISU to be sound.

After being the subject of an investigating report this year, Maricopa Community Colleges was not placed on the sanction or censure list because it has moved forward in restoring sound principles of academic governance. In March, an investigating committee inquired into the actions of the governing board of the Maricopa County Community College District to terminate a “meet-and-confer” provision and mandate repeal of the entire faculty manual, effectively stripping faculty of the right to participate in institutional decision making. Since the committee’s first assessment, the situation for faculty at Maricopa County Community Colleges has taken a welcome turn. Three new members were elected to the district governing board, and a new board president was elected. Among the first actions of the board’s new leadership was to adopt a resolution that rescinded the termination of meet-and-confer and the repeal of the faculty manual. The AAUP’s Committee on College and University Governance did not make a recommendation regarding sanction to this annual meeting and will continue to monitor developments at the colleges. You can read the report on the investigation here, and watch Facebook Live discussion with investigating committee chair Irene Mulvey here.

Thank you to all who attended the annual meeting! Stay updated on AAUP events and news by following us on Facebook and Twitter.

The AAUP


A Strike, Investigations, and a Fight for Quality Teaching

Greetings!

AAUP members make higher ed work, and as many campuses approach the end of the spring term, we wanted to take a moment to highlight what a strong year it has been so far.

Here’s a video highlighting our work. Click to watch it on YouTube.

The Year So Far AAUP video

Want to share the video on Facebook? Here’s the link.

A few quick highlights:

Faculty fought to protect quality teaching over corporate profit, making gains against privatization efforts at Purdue, Eastern Michigan, and George Mason Universities.

In Ohio, the Wright State AAUP chapter won a hard-fought contract after a 20-day strike, maintaining solidarity in the face of enormous pressure. Full-time faculty and graduate employees at Rutgers settled a historic contract last month, winning significant gains just ahead of a planned strike. As of this writing, the chapter representing part-time faculty at Rutgers is still fighting for a fair contract.

The AAUP/AFT chapter at the University of Illinois-Chicago has tentatively agreed to a new contract with pay raises, increased minimum salaries, and more job protections for non-tenure-track faculty, after a year of hard-fought bargaining.

We investigated violations of academic freedom at Nunez Community College, where the dismissal of a professor who disagreed with the administration over an accreditation report was likely retaliatory, violating his academic freedom. We also released an investigative report examining how partisan ideology and political ambition motivated drastic changes by the board to institutional decision-making processes at Maricopa Community Colleges.

The thread uniting all this work? AAUP members like you. We hope to see many of you at the Annual Conference and the Summer Institute! Thank you for being a member of the AAUP.

To a solidarity-filled summer!

The AAUP


Is a Campus “Free Speech” Bill in Your Legislature?

The answer is: Extremely likely.

Due to a surge in efforts to chill dissent, undermine academic freedom, and destabilize higher education, over a dozen states currently have a campus “free speech” bill in their state house or senate.

Use this free tool to search for the bill in your state, track its progress, and capture contact information for the legislative committee members reviewing the bill. Simply click on your state, select “Bills” at the top, and type “campus free speech” into the search bar to the right. For committee members, click “Committees” at the top.

Then see the AAUP’s Campus “Free Speech” Toolkit for a phone script, talking points, a primer, and a full report on the issue. With the toolkit, it’s easy to make a quick call or fire off an email to the appropriate legislator.

You’ll be glad you did. Campus speech legislation is an example of legislative interference in the autonomy of universities and colleges. It undermines academic freedom, and chills dissent on campus. This damaging legislation often has some or all of the following characteristics:

  1. Forbids public institutions from disinviting speakers and requires that they remain neutral on “issues of public controversy.”
  2. Establishes mandatory minimum penalties for students or others found to have twice interfered with the free expression of others. Suggested minimum penalties are suspension and expulsion.
  3. Provides that individuals who believe that their free speech has been disrupted or prevented on a public campus may sue the institution to enforce the legislation and can recover court costs and attorney’s fees.
  4. Requires that public institutions create an oversight committee, sometimes called a “Committee on Free Expression,” to oversee the implementation of campus free-speech law and to produce an annual report about the management of free speech on campus.
  5. Requires public institutions to provide training to incoming students, faculty, and staff on their free speech rights under the new law.

Concerned? We all are.

You can make a difference. First, track the bill here.

Then review the AAUP’s Campus Free Speech Toolkit.

Thank you for defending higher education from this unnecessary and speech-chilling legislation.

Monica Owens
Political Organizer, AAUP

P.S. Want to get more involved in defending against campus “free speech” legislation? Click here and an AAUP organizer will get in touch.


How to Fight for Higher Ed as a Public Good

As states divest from public higher education, our colleges and universities face unprecedented threats from undue donor influence and corporations seeking to privatize our public institutions. Here is some information about resources that you may find helpful as we work nationwide to ensure that higher education continues to serve the public good, and not the interests of a wealthy few.

Fight Undue Donor Influence

As a faculty member and president of the AAUP chapter at George Mason University, I’ve been involved in the fight against undue donor influence. Together, faculty, students, public-education allies, and concerned citizens have been working to expose what the Koch brothers and other members of their dark-money network have gotten from over $100 million in restricted gifts to GMU. Turns out—it’s a lot! We’ve exposed donor influence over faculty hiring and retention, research and scholarship, and affiliated centers and institutes.

Now, UnKoch My Campus, with the help of grant funding from the AAUP Foundation, has developed a report with model donor policies that you can download here. The report provides a roadmap for protecting your institution from undue donor influence and includes  templates for faculty senate motions, gift acceptance procedures, and approval processes for donor-sponsored centers.

Fight Privatization and the Primacy of Profit

As we work to end undue donor influence at GMU, we are also confronting the privatization of our public university through expanding online initiatives—and the potential for a fully online university under the Mason brand modeled after Purdue Global. Like many other institutions, GMU is contracting with a for-profit company to do much of the technical work and some of the core academic work to expand online education offerings. It is also considering the creation of a public-private online university that would further privatize higher education in Virginia. Such public-private contracts often benefit shareholders of the private companies rather than students and faculty.

To shape the quality of online education at your institution, check out the AAUP’s Education Not Privatization toolkit here.

No doubt, there is much work to do. Let’s dig in. Check out the tools on offer from AAUP and UnKoch My Campus. Together we can protect academic freedom and higher education as a public good!

In Solidarity,
Bethany Letiecq
Associate Professor, Human Development and Family Science, GMU


Report Finds Partisan Ideology and Political Ambition Motivated Changes at Maricopa

An AAUP investigation released today finds that the governing board of the Maricopa Community Colleges was motivated by a desire to bust the faculty union when it decided in February 2018 to repeal the entire faculty manual, restrict the faculty’s participation in institutional decision making, and terminate a “meet-and-confer” process. That process had been used for more than forty years to establish institutional policies related to faculty matters and to make recommendations on salary and budgets.

The board also eliminated the role of the only district-level representative faculty governance body. This also served as the governing body of the faculty association, an organization that was incorporated as a union, but which did not have collective-bargaining rights under state law. In short, the board’s actions destroyed what had been an effective system of shared governance.

Our investigating committee—Bethany Carson of Santa Fe Community College, Emily M.S. Houh of the University of Cincinnati, and I—found that the governing board acted in disregard of normative standards of academic governance, as laid out in the Statement on Government of Colleges and Universities, which was jointly formulated by the AAUP, the American Council on Education, and the Association of Governing Boards of Universities and Colleges.

We also found evidence, based on correspondence obtained through open records requests, which strongly suggests that the board’s intervention was an engineered performance of political theater motivated by the partisan ideology of two former Republican members of the Arizona House of Representatives—one who served as chair of the board and the other as a member.

Join me for a Facebook Live discussion of the report tomorrow at 12 ET. RSVP here.

AAUP investigating committees are appointed in a few select cases annually in which severe departures from widely accepted principles and standards of academic freedom, tenure, or governance have been alleged and persist despite efforts to resolve them. Governance investigations are an important tool in our work to protect and advance the faculty’s voice in decision making; they shine a light on egregious practices and are intended to motivate institutions to improve these practices.

In this case, improvements came quickly. Not long after the visit of the investigating committee, three new members were elected to the Maricopa governing board and the existing board president announced his resignation. After the AAUP shared our findings with the administration, the board passed a proposal that rescinded the earlier changes and will eventually restore many of the shared governance mechanisms that the old board had terminated.

You can read the full report here.

Best,
Irene Mulvey,
Chair of the Investigating Committee,
Professor of Mathematics, Fairfield University

P.S.–You can support governance and academic freedom investigations by donating to the AAUP Foundation today.