Exposing the American Association of University Professors: Politicized Guild

From Campus Reform, an article that deals with our legal battle with Marquette, but also with similar cases nationwide.

A key point: the AAUP is less than forthcoming when the academic freedom of conservative professors is attacked. Some key passages:

“In the aftermath of [Trump’s] election, it has become evident that his election poses a grave threat to the principles that lie at the very heart of the AAUP: academic freedom, shared governance, and economic security for those engaged in teaching and research in higher education,” AAUP President Rudy Fichtenbaum declared at his organization’s 2017 annual meeting.

So the simple election of a president you don’t like is a threat to academia freedom? Thanks, AAUP, for making your political biases clear.

The article goes on to mention cases where the AAUP defended extreme and inflammatory statements from leftist professors, and notes the lack of support for conservative academics. And further:

The same goes for more politically-neutral professors who simply challenge campus orthodoxy, like the Christakis’s and, even more recently, Evergreen State College Professor Bret Weinstein, who was forced to hold classes off-campus after campus police were unable to protect him from a mob of students who had angrily confronted him for questioning the legitimacy of an event in which white people were requested to leave campus for a day.

The AAUP did not release a single statement in support of Weinstein’s “academic freedom,” even after the student protesters held the school’s president hostage in his own office to demand, among other things, that Weinstein be summarily suspended without pay.

“My thoughts regarding the AAUP are much like my thoughts about the ACLU,” said George Leef, director of research for the John William Pope Center for Higher Education Policy. “It avoids battles where it doesn’t like one of the combatants, principle be damned.”

David Randall, director of communication for the National Association of Scholars (NAS), expressed similar sentiments, acknowledging that while the AAUP did play an instrumental role in [conservative Mike] Adams’ lawsuit, “it is easy to find cases in which conservatives on campus have suffered significant infringements of their academic freedom in which the AAUP has been mute.”

The author (Anthony Gockowski) devotes considerable attention to our case. While the AAUP objected to our suspension in December, 2014, it had no problem with Marquette’s attempt to fire us, and with the punishment imposed by a faculty panel.

An AAUP official informed us that we had received “due process” from the faculty panel.

“Their position was that I had received ‘due process’ from the Faculty Hearing Committee, and that was all I deserved,” McAdams told Campus Reform. “They seem to view ‘academic freedom’ as a collective right the faculty have, not a right that each faculty member has. Thus, views unpopular with the faculty generally will get little support from the AAUP.”

. . . McAdams noted that due process—especially on a “contemporary campus”—offers “scant protection to views unpopular among the faculty,” pointing out that “in addition to ideological bias, there is the fact that campus bureaucrats can load committees with people who are keen on currying favor with the administration.”

Worse, however, was the fact that there were several gross violations of due process on Marquette’s part. As we told AAUP official Greg Scholtz:

1. I was suspended in violation of Marquette’s own rules. You have already taken notice of this.
2. The Faculty Hearing Committee was supposed to issue a report within 90 days of the end of the hearings, but failed to meet that deadline by almost a month, finally delivering a report on January 19, when the deadline was December 23.
3. One member of the Faculty Hearing Committee had signed a statement attacking me for my blog posts, but declined to recuse herself.
4. Marquette refused to provide my legal team with evidence, possibly relevant to the case, that my legal team requested.
5. President Lovell, while claiming to follow the recommendation of the Faculty Hearing Committee, in fact added a proviso that I had to apologize for the blog post, and provide a loyalty oath pledging allegiance to vaguely defined “Marquette Guiding values” and “Marquette’s Mission.”
6. Marquette could point to no rule that I had violated, but the Faculty Hearing Committee engaged in what [my attorney] called a “multi-part balancing test” to come to the conclusion that I should be disciplined (but not fired). Restrictions on academic freedom (like all restrictions on speech) should be based on “bright line” prohibitions, and not vaguely defined and subjective “balancing tests.”

Scholtz blandly replied that he “never encountered a dismissal process that all parties agreed was entirely free of irregularities.”

Free Speech to Criticize Professors

But going beyond merely defending the right of leftist professors to say extreme and inflammatory things, the AAUP has condemned those media outlets that publicize those extreme and inflammatory things. For the organization, “academic freedom” means a lack of free speech when that speech criticizes leftist professors.

As David Randall suggested, the AAUP has to be viewed as a “politicized guild, and not as disinterested partisans of academic freedom.”

Campus Free Speech Advocate On Marquette’s Attack on Warrior Blog

Donald Downs, a Professor at the University of Wisconsin, Madison, is one of the most important academics (and perhaps the most important academic) defending freedom of speech and expression on the university campus. Thus it’s no surprise when he weighs in on Marquette’s attempt to punish The Marquette Warrior for a blog post.

Donald A. Downs
Department of Political Science
303 North Hall
University of Wisconsin
Madison, WI 53706

January 27, 2015

Dr. Michael R. Lovell
President, Marquette University
1250 West Wisconsin Avenue
Milwaukee, WI 53233

Dear President Lovell:

I am writing to express my concern about how Marquette University has handled the case of Professor John McAdams. As of this writing, Professor McAdams remains suspended, which entails being barred from campus and prohibited from interacting with any students. These are substantial penalties that typically are reserved for the most severe cases.

My main concern in the case is very straightforward. As others around the country have publicly expressed, the due process aspects of the case have been very problematic from the start. In mid-December, when the University took its first actions in the case, Professor McAdams was not adequately informed of the charges against him, as the letter from his attorneys (made public) makes evident. Contrary to Marquette’s own rules, the letter addressed to Professor McAdams did not provide notice of what conduct had been violated, nor did it specify what procedures would be followed.

When the University finally made the offending conduct known, it stated the problem was Professor McAdams’ blog commentary criticizing an instructor’s comments to a student, in particular the teacher’s decision to not allow discussion regarding the pros and cons of gay marriage in class on the grounds that such discussion could constitute a form of homophobic harassment. A tape the student made of his post-class conversation with the teacher supports the interpretation of the teacher’s reasoning that Professor McAdams posted on his blog. But it was not until later that Dean Holz finally wrote a letter to Professor McAdams articulating this basis for the University’s action.

More importantly, the severe temporary sanction applied to Professor McAdams—being banned from campus and not allowed to teach—was issued even before an adequate review of the case was carried through. According to generally understood standards governing discipline in higher education (standards that are reflected in Marquette’s own rules), such “severe” sanctions are allowable, but only after the fundamental norms of due process have been conscientiously been adhered to. The Policy Statements and Reports of the American Association of University Professors constitute the most authoritative standards regarding what could be called “common law” for the profession of higher education. The following AAUP statement on suspensions captures the essence of my present concern in respect to due process in this case:

If the administration believes that the conduct of a faculty member, although not constituting adequate cause for dismissal, is sufficiently grave to justify imposition of a severe sanction, such as suspension from service for a stated period, the administration may institute a proceeding to impose such a severe sanction; the procedures outlined in regulation 5 will govern such a proceeding. (AAUP: Policy Documents & Reports, 1990 Edition, p. 27)

Based on my own observations and research germane to the practices of higher educational institutions, the sanction Marquette has imposed upon Professor McAdams is remarkable in this context. Suspension based on the facts in Professor McAdams’ case is exceptionally severe under the circumstances, especially given the lack of due process that appears to have accompanied the decision. The AAUP’s position is similar to this assessment:

an administration also may suspend a faculty member pending a dismissal hearing, but only if immediate harm to the faculty member or others is threatened by continuance. Before suspending a faculty member, pending an ultimate determination of the faculty member’s status through the institution’s hearing procedures, the administration will consult with the Faculty Committee on Academic Freedom and Tenure [or whatever other title it may have] concerning the propriety, the length, and the other conditions of the suspension. A suspension that is intended to be final is a dismissal and will be treated as such. (AAUP, 1958 Statement on Procedural Standards in Faculty Dismissal Proceedings)

Some critics have disapproved of the manner in which the student surreptitiously recorded his conversation with the teacher. And, of course, genuine and strong disapproval is merited regarding the threatening emails some very misguided individuals have sent to the instructor in the wake of Professor McAdams’ disclosure of the conversation. I share such disapproval. But three facts should be noted in relation to these critiques. First, Professor McAdams had no hand in making this recording. Second, to my knowledge he has made no threats of any kind to the instructor or to anyone else. Third, the topic addressed in Professor McAdams’ blog commentary addresses an important issue in higher education today: the status of intellectual diversity and free thought on campus. Numerous supporters and practitioners of higher education have expressed serious misgivings about the way in which improperly expansive harassment policies can stifle free discussion of sensitive intellectual and moral topics. Professor McAdams’ critique in this case dealt with this important concern.

I sincerely hope that the suspension of Professor McAdams is in no way related to the fact that he has publicly criticized the way the University has dealt with harassment training and free thought on campus. Unfortunately, the severity of the punishment, in conjunction with the due process problems associated with the infliction of this sanction, raise questions in this regard.

With all due respect, I urge you and the University to take the concerns others and I have raised into genuine consideration.

Sincerely,

Donald A. Downs
Alexander Meiklejohn Professor of Political Science
University of Wisconsin, Madison

Marquette Attack on Warrior Blog: AAUP Weighs In

1133 19th Street, NW, Suite 200
Washington, DC 20036

January 26, 2015
VIA ELECTRONIC MAIL AND USPS

Dr. Michael R. Lovell President
Marquette University
P.O. Box 1881
Milwaukee, Wisconsin 53201-1881

Dear President Lovell:

Dr. John McAdams, associate professor of political science at Marquette University, has sought the assistance of the American Association of University Professors as a result of having been informed, by letter of December 16, 2014, that the university was suspending him with pay “until further notice” from his teaching responsibilities "and all other faculty activities" and banning him from campus. The letter, from Dr. Richard C. Holz, dean of the Klingler College of Arts and Sciences, stated, without further elaboration, that the suspension was pending a review of his “conduct.”

Responding by letter of December 22, Professor McAdams’s attorney stated that the university had not followed its own regulations governing suspension of a faculty member-in particular, that the university must provide the faculty member with notice of cause for a suspension-and that Professor McAdams had done nothing to warrant this sanction.

Dean Holz replied by letter of January 2 with an explanation of the grounds for the suspension: “Your recent actions in publicizing on the internet the name of our now-former graduate student . . . require University review.” In a November 9 post in his blog, “Marquette Warrior,” Professor McAdams had criticized a graduate teaching assistant for telling one of her students in a private conversation, surreptitiously recorded by the student, that she would not tolerate expressions of opposition to gay marriage in her classroom. Dean Holz charged that, because of Professor McAdams’s “unilateral, dishonorable, and irresponsible decision to publicize” her name, the teaching assistant had “received a series of hate-filled and despicable emails” which caused her to fear for her safety and, eventually, to transfer to another university. “You have been asked, advised, and warned not to publicize students’ names in connection with your blog posts,” the dean wrote. “With this latest example of unprofessional and irresponsible conduct we have no confidence that you will live up to any additional assurances on your part that you will respect and protect our students. . . . Accordingly, we are continuing our review of your conduct and considering all appropriate responses.”

Professor McAdams’s attorney replied to Dean Holz’s letter in a January 21 letter addressed to university counsel. He defended the propriety of Professor McAdams’s conduct, asserted that it was protected by academic freedom, and called “preposterous” a recent statement by a university

January 26, 2015 Page 2

spokesperson that Professor McAdams’s suspension and banishment from campus was necessitated by concern for the “safety” of students. The attorney also noted that the terms “dishonorable” and “irresponsible” employed by the dean to characterize Professor McAdams’s conduct are both to be found among grounds for dismissal for cause in Section 306.03 of the Faculty Statutes.

We understand that, as of this writing, Professor McAdams’s suspension remains in effect and that the administration has given no indication of when it will end.

As you are doubtless aware, our Association’s interest in the case of Professor McAdams stems from its commitment to fundamental tenets of academic freedom, tenure, and due process articulated in the 1940 Statement of Principles on Academic Freedom and Tenure. That document was jointly formulated by the AAUP and the Association of American Colleges and Universities and has been endorsed by more than 240 scholarly groups and higher-education organizations. On suspension, see the complementary joint 1958 Statement on Procedural Standards in Faculty Dismissal Proceedings. Derivative procedural standards are set forth in the AAUP’s Recommended Institutional Regulations on Academic Freedom and Tenure. The three documents are enclosed for your convenience.

A faculty member’s suspension for a definite time from his or her primary responsibilities is on occasion imposed as a severe sanction, second only to dismissal, following a faculty hearing on stated cause. Under the 1958 Statement, amplified as follows in Regulation 5(a) of the Recommended Institutional Regulations, an administration also may suspend a faculty member pending a dismissal hearing, but

only if immediate harm to the faculty member or others is threatened by continuance. Before suspending a faculty member, pending an ultimate determination of the faculty member’s status through the institution’s hearing procedures, the administration will consult with the Faculty Committee on Academic Freedom and Tenure [or whatever other title it may have] concerning the propriety, the length, and the other conditions of the suspension. A suspension that is intended to be final is a dismissal and will be treated as such.

Given the facts reported to us, it is difficult to see how members of the academic community would perceive Professor McAdams’s continuing to teach as constituting a “threat of immediate harm” to himself or others. Nor are we aware of the administration’s having consulted a duly constituted faculty body at Marquette University about the propriety of the suspension or its conditions.

The information in our possession concerning the case of Professor McAdams has come to us primarily from him, and we appreciate that you may have other information that would contribute to our understanding of what has occurred. We would therefore welcome your comments. Assuming the essential accuracy of the foregoing account, we would urge you to reach an arrangement with Professor McAdams which will return him to his teaching responsibilities rather than to allow his suspension to linger on indefinitely, an untenable situation that assumes the

January 26, 2015 Page 3

characteristics of a summary dismissal. The alternative, which we suspect neither you nor Professor McAdams would prefer, would be for the administration to attempt to demonstrate adequate cause for Professor McAdams’s dismissal, following procedures-such as those incorporated in Section 301.07 of the Faculty Statutes-that comport with AAUP-recommended standards.

We look forward to your response.

Sincerely,

Gregory F. Scholtz
Associate Secretary and Director
Department of Academic Freedom, Tenure, and Governance Enclosures (via electronic mail)
Cc: Dr. Richard C. Holz, Dean, Klingler College of Arts and Sciences
Professor Timothy Melchert, Chair, Academic Senate
Professor John McAdams

A scan of the actual hard copy letter can be found here.