Our friends at the Foundation for Individual Rights in Education continue their stellar work defending the academic freedom and First Amendment rights of college faculty members - especially untenured adjuncts - who collide with stifiling campus political orthodoxies. This time, they've scored against the San Jose/Evergreen Community College District, which will have to pay 100K in lost wages to an adjunct instructor who was terminated in 2007 after a student complained that her brief classroom discussion of the origins of homosexuality was "offensive." The district will have to pick up the tab for legal expenses as well. Too bad for them - and the taxpayers who will carry theses costs - that they didn't simply respect the instructor's academic freedom in the first place. But while I'm glad that FIRE was able to intervene successfully in this case, I also wish that they and other organizations such as the Alliance Defense Fund (ADF) didn't have so much work to do. This is getting to be a depressingly familiar scenario: 1) Instructor in a psychology or ethics course examines homosexuality or sex differences, says something that a student finds "offensive." 2) A complaint is forwarded at the speed of light to the administration, cc to the campus women's center, the dean of multicultural affairs or the LGBT office, who don't necessarily need to interview the instructor, but nevertheless agree that yes, yes, the classroom discussion was indeed "offensive." 3) The administration informs instructor that she's outta here. 4) Board of directors upholds administration, unimpressed by quaint ideas about academic freedom or First Amendment protections. Honestly, I wonder what the worst aspect of cases such as this one is. It's appalling, of course, that such an Orwellian intellectual climate exists on so many campuses, and the examples of outrages such as this one seem to pop up weekly. See Ashley Thorne's recent post detailing the latest incident involving a socal work student whose religious convictions ran afoul of a counseling program at Augusta State University in Georgia. But what about boards of trustees, such as the one in the San Jose/Evergreen case? What could they, as the governing bodies at a public institution have been thinking? Apart from the deserved embarassment their school has incurred and the hefty settlement costs they've handed to taxpayers, what does academic freedom or First Amendment protections mean to them? Not much, I have to conclude, since they upheld the administration's outrage, without apparently seeing it as such. Kudos to FIRE once again, which seems to have a much firmer grasp of the academic enterprise and its mission than do many of the people to whom it's been directly entrusted.
- July 27, 2010