AAUP@FHSU


Join Our AAUP Member Facebook Group for Discussions of COVID-19

We hope you are staying well. In these challenging times, we are working to ensure that our COVID-19 graphicmembers are informed about how the AAUP and AAUP chapters are responding to the COVID-19 crisis. Together, we can continue to defend academic freedom, shared decision-making, and the important role our institutions and these principles play in our society.

To facilitate wider discussion of the rapidly changing landscape of higher education during the current crisis, we’ve created a Facebook group where members can discuss questions, plans, and tactics with a group of their peers.

Click here to join the group.

A few notes. The group will be largely unmoderated; if you have specific questions for national AAUP staff, please contact the appropriate department by email. We ask that you keep the discussion civil and productive.

We chose Facebook because it has the widest reach–70 percent of adults in the United States use it, and we wanted a space where people are likely to visit and interact. We do recognize that some of you may have privacy concerns about using Facebook. If you don’t have a Facebook account, you can create one specifically to access the group.

For up-to-date resources, please keep an eye on our COVID-19 resource page for higher education.

Another good resource is the AAUP and AFT Principles for Higher Education Response to COVID-19. That’s here.

In solidarity,

The AAUP

P.S. If you don’t want to join the group or aren’t on Facebook, you’ll still get all AAUP updates related to COVID-19 via email.


COVID-19 and AAUP principles

Like the rest of society, higher education continues to be shaken by the COVID-19 pandemic. Most of us have already been required to move courses online, often abruptly and without adequate institutional support. Labs are being shuttered and research projects curtailed, and what we had initially hoped would be only a brief disruption is now likely to continue through the remainder of this academic year. Many members of our campus communities—including graduate student workers, support staff, students, and all categories of faculty—are faced with uncertainty around employment status, health benefits, and paid leave.

The AAUP has put together a coronavirus information web page for AAUP members and the higher education community. We have been collecting resources from the government, other higher education organizations, and our chapters to help all of us respond to this challenge. We will continue to add to the page as new resources become available.

As many of you know, some administrations have been leaving the faculty out of decisions pertaining to curriculum and program, online teaching and intellectual property, and the faculty role in navigating the financial impact of COVID-19 on our campuses. Faculty governance bodies and academic unions must insist on involvement in decision-making about the effects that this crisis is having on our campuses, and we will be sharing guidance from the national AAUP, as well as strategies some of our chapters have developed as they grapple with the crisis.

Finally, the AAUP is setting up a Facebook page for members to connect, share information and strategies, and support one another during this unprecedented situation. We will be posting information about this resource in the next few days.

These are trying times for our students, our profession, and our nation. But even as we respond to the immediate needs of our students and families, we must also be diligent in defending the AAUP’s core principles of academic freedom, due process, and the faculty voice in decision-making on our campuses. If we do not defend those principles, we run the real risk that college and university administrations will use this emergency to reshape higher education, serving an agenda that is too often influenced by corporate interests rather than by a commitment to the common good. Please check out our coronavirus information page for a statement on COVID-19 and the faculty role in decision-makingAFT and AAUP principles for higher education’s response to COVID-19, and other resources already available for responding to any administration overreach you may be experiencing.

We ask that you continue to share information with us about what is being done on your campus to support faculty and students during this crisis and, especially, what your chapter or faculty senate’s role has been during this process.

We have survived and grown stronger in times of crisis before, and, working together, we will do so now.

In solidarity,
Rudy Fichtenbaum
AAUP President


AAUP Opposes Proposed NLRB Rule That Would Bar Grad Unionizing

The AAUP has submitted comments to the National Labor Relations Board (NLRB) opposing a proposed rule that would bar many graduate assistants from forming unions. The rule put forward by the NLRB holds that students who are also teaching or research assistants at private colleges or universities are not employees and are therefore not entitled to unionize or bargain collectively under the National Labor Relations Act.

The AAUP’s comments reject this claim and strongly refute the board’s assertion that “academic freedom” supports the proposed rule.

The AAUP has long supported the union rights of faculty and graduate assistants. In addition to the other benefits it provides, collective bargaining is an effective tool to promote and protect academic freedom. AAUP chapters have established explicit guarantees of academic freedom in their collective bargaining contracts, sometimes incorporating language from the 1940 Statement of Principles on Academic Freedom and Tenure. These contracts make promises of academic freedom legally enforceable.

Graduate assistants perform specific work in return for compensation. The work they do is often indistinguishable from that performed by faculty members, and universities generally treat graduate assistant stipends as payment for teaching or research work, not as general financial support. As such, and as the AAUP’s comments make clear, graduate assistants are employees who should have the same rights as other private-sector employees under the National Labor Relations Act.

The comments also refute the NLRB’s assertion that potential harm to an institution’s academic freedom is a basis for excluding graduate assistants from collective bargaining, arguing that “collective bargaining by faculty and graduate assistants is one of several ways to promote academic freedom on campus, as it allows faculty, students, and administrators to discuss collectively how best to do their shared work of teaching and research.”

The comments were drafted by Risa Lieberwitz, AAUP general counsel and professor of labor and employment law at Cornell University’s School of Industrial Relations, and Rana M. Jaleel, assistant professor of gender, sexuality, and women’s studies at the University of California, Davis.

You can read the comments and a summary of them here.

The AAUP

P.S. Looking for a primer on academic freedom? Check out our one page overview here.


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.


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.