Marquette on Drudge — Again

If you are going to get bad publicity, the last place you want to see it linked is on the Drudge Report, a hugely popular news aggregator. We’ve seen reports of daily newspapers in mid-size cities having their servers melt down because of the traffic that a link on Drudge creates. (Not literally melt, you understand.)

So it can’t have pleased Marquette officials when a link to the Breitbart story on their attempt to fire us appeared on Drudge.



As has been typical in the media, the headline gets the story wrong. We didn’t “defend man-woman marriage,” merely the right of a student to express opinions on the subject without being demeaned and bullied.

The Drudge link is the second one in less than a year. The last time was when the story broke that Marquette’s Gender and Sexuality Resource Center had, painted on its wall, a mural glorifying cop killer and terrorist Assata Shakur.

Thus, the narrative of Marquette being a place dominated by intolerant political correctness is gaining steam. Will this hurt Marquette?

Many kinds of institutions can be as politically correct as they want with impunity. Ivy League universities, for example, are so prestigious that they can do almost anything and still attract a massive number of applicants. If you can get yourself admitted to Yale, you want to go to Yale, and will tolerate the political correctness.

Public universities, likewise, have a captive clientèle consisting of families that can’t (or don’t want to) pay the high tuition of a private university. Especially if they doubt that the private university provides a better education.

But Marquette, as a mid-level institution (ranked in the top 100 nationally, but not in the top 50) which markets itself as a “Catholic university” and has high tuition, may be especially vulnerable when the notion that it’s actually Catholic becomes more and more transparently untrue.

Marquette Outlines Charges Against Warrior Blog / Our Lawyer Responds

Almost three weeks ago, we got the following letter from Richard Holz, in response to a demand from our lawyer, Rick Esenberg, that Marquette specify what we are charged with, and what is the reason for our suspension. We have reproduced Holz’ letter below, along with a response from Esenberg (just released today).

January 2, 2015

Dr. John McAdams

Dear John:

I am writing in response to your request for additional information about what prompted the current review of your conduct by Marquette University. As you know, tenure and academic freedom carry not only great privileges but also vital responsibilities and obligations. In order to endure, a scholar-teacher’s academic freedom must be grounded in integrity, including a respect for others’ opinions and the exercise of appropriate restraint. Otherwise, those such as yourself who are invested with the power that tenure affords will intimidate and silence the less-powerful – especially students. Such intimidation and silence negates the very academic freedoms that tenure is intended to enhance. Your recent actions in publicizing on the internet the name of our now-former graduate student, who had been secretly recorded by one of her students [redacted], require University review. Whatever your views of this secretly-recorded exchange in the graduate student’s office, and whatever your thoughts about separate classroom interactions that you did not observe (and putting aside the multiple other ways any concerns you had about our graduate student could have been advanced) you had no justification to put our graduate student’s name in your internet posts. The personal impact on her was plainly foreseeable, as detailed (only in part) as follows.

As a result of your unilateral, dishonorable and irresponsible decision to publicize the name of our graduate student, that student received a series of hate-filled and despicable emails including one suggesting that she had committed “treason and sedition” and as a result faced penalties such as “drawing, hanging, beheading, and quartering.” Another note, delivered to her campus mailbox, told the student, “You must undo the terrible wrong committed when you were born. Your mother failed to make the right choice. You must abort yourself for the glory of inclusiveness and tolerance.” Accordingly, and understandably, the student feared for her personal safety and we posted a Campus Security Officer outside her classroom. In addition, as a result of your conduct and its consequences, she now has withdrawn from our graduate program and moved to another University to continue her academic career. You have been asked, advised and warned on multiple prior occasions not to publicize students’ names in connection with your blog posts. 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. Indeed, you specifically discussed in your blog the fact that your conduct would negatively impact the student’s opportunities in the future and you expressed pride in that result.

Accordingly, we are continuing our review of your conduct and considering all appropriate responses. As before, your salary and benefits continue. We also expect you to stay away from campus now that the “few days” you requested on December 16 have expired.

Sincerely,
Richard C. Holz, Ph.D.
Dean

Just today, our lawyer, Rick Esenberg, replied:

January 21, 2015

Ralph Weber
Gass, Weber and Mullins
309 N. Water Street
Milwaukee, WI 53202

Re: Dr. John McAdams

Dear Ralph:

Although we met over a week ago, I have still not heard from you. While I am waiting, I thought it would be useful to reply to Dean Holz’ January 2 letter to Dr. McAdams. If it reflects the university’s position – and not just Dean Holz’ personal views – I am afraid that we are headed for litigation and continued controversy that I fear will profoundly damage Marquette.

The need for a response is bolstered by the article that appeared in Tuesday’s Journal Sentinel. In it, a university spokesperson says that Dr. McAdams remains banned from campus and implies that this is somehow necessary for the “safety” of students. I am normally not one given over to harsh adjectives, but this is preposterous.

In his letter, Dean Holz says, for the first time, that the allegedly improper conduct by Dr. McAdams was to identify Cheryl Abbate as the instructor who told a student that opposition to gay marriage would not be tolerated in her class. He does not claim that anything that Dr. McAdams said is false. He does not say that it was uncivil or constituted “harassment” under university rules. It was wrong, he says, because, even though Marquette made Ms. Abatte solely responsible for the class in question and placed her in a position of authority over undergraduates, she was still “only” a graduate student. As such, she apparently cannot be publicly criticized.

It is, of course, customary for persons engaged in debate or criticism to identify the person with whom they differ. Perhaps Dean Holz feels that, in this case, Dr. McAdams should not have done so. But regardless of what Dean Holz might prefer, Marquette does not retain the same level of discretion over its tenured faculty that an employer would normally have over its employees. Section 306.01 of the Faculty Statutes provides that the University may suspend the appointment of a faculty member only for cause as defined in Sections 306.02 and 306.03.

Dean Holz calls Dr. McAdams’ conduct “dishonorable and irresponsible,” presumably intending to invoke the Faculty Statutes’ description of conduct that may constitute cause for termination. There is no sense in which Dr. McAdams conduct can reasonably be called either of these things. Even were it otherwise, Marquette has made absolutely clear that what he writes may not be the basis for termination. Section 306.03 specifically states that in no case shall “cause be interpreted so as to impair the full and free enjoyment of legitimate personal or academic freedoms of thought, doctrine, discourse, association, advocacy, or action.” These Faculty Statutes are expressly incorporated into Dr. McAdams’ contract with Marquette.

Under this contract, Dr. McAdams has been promised at least the same level of protections as university professors employed by the government receive under the First Amendment. That freedom has been described by various courts in various ways. In Sweezy v. New Hampshire, 354 U. S.234, 250 (1957), the Supreme Court said:

The essentiality of freedom in the community of American universities is almost self-evident. No one should underestimate the vital role in a democracy that is played by those who guide and train our youth. To impose any strait jacket upon the intellectual leaders in our colleges and universities would imperil the future of our Nation. … Teachers and students must always remain free to inquire, to study and to evaluate, to gain new maturity and understanding; otherwise our civilization will stagnate and die.

As the U.S. Supreme Court noted in Keyishian v. Bd. of Regents of Univ. of State of N. Y., 385 U.S. 589, 603, 87 S. Ct. 675, 683, 17 L. Ed. 2d 629 (1967), “[t]he Nation’s future depends upon leaders trained through wide exposure to that robust exchange of ideas which discovers truth ‘out of a multitude of tongues,’ (rather) than through any kind of authoritative selection. [citations omitted]”

Apparently Dean Holz believes that there is an exception – unstated in or to be reasonably implied from the Faculty Statutes – for speech responding to the arguments of graduate students – even when Marquette places graduate students in the position of instructors and gives them control over a classroom. But that is surely not the case. In fact, the university’s spokesperson was quoted in the media as saying otherwise. Faculty, he said, are free to “voice an opinion about whether a potentially controversial offensive subject should be allowed by a TA to be discussed in class.” Perhaps Dean Holz thinks there is some unwritten (and, as far as we know, unstated) codicil somewhere that says no one must publicly identify a graduate instructor – even if, as it was here, one is responding to a position that the instructor expressed from a position of authority.

There is no such codicil. As we pointed out in our previous letter addressed to President Lovell, Dr. McAdams’ conduct does not violate any Faculty Statute or other university requirement. Nothing in the statutes or any other university policy prohibits a faculty member from publicly disagreeing with a graduate student, much less someone who has been given sole responsibility for a course and authority over every student enrolled in it. Having accepted that authority and responsibility, the instructor in question chose to express her view on what can and cannot be permitted in academic discourse. In fact she relied on her authority as a “professor of ethics” in order to do so. That was her right. But Dr. McAdams is free to offer his differing view. Punishing him for doing so violated his right to academic freedom.

Dean Holz claims that Dr. McAdams has been “asked, advised and warned on multiple prior occasions not to publicize students’ names in connection with [his] blog posts.” Apart from the fact that there would be no basis for doing so – particularly with respect to a person that the university has placed in charge of a class – this is simply false. Some months ago, Dean Holz told Dr. McAdams that representatives of a Palestinian student organization had felt “intimidated” during an interview by Dr. McAdams. Dean Holz’ letter dated September 24, 2014 says that he “trusts” Dr. McAdams will be “mindful” of the need to be sensitive with respect to his questions and status as a tenured faculty member. (Dr. McAdams believes that he was.) The letter says nothing about not publicizing any students’ names – much less those that the university has placed in charge of courses.

Dean Holz complains that Ms. Abbatte received nasty e-mails from unknown persons after her views were exposed. That is regrettable just as it is regrettable that Dr. McAdams and many others receive hostile – and often anonymous - criticisms in response to the positions that they take. But there is also no “heckler’s veto” exception to the university’s guarantee of academic freedom. Dr. McAdams has blogged on matters related to the university for many years, often sharply criticizing persons with whom he disagrees. None of these persons were ever subject to threatening e-mails. If this was the first time, the responses were “forseeable” only in the sense that, human nature being what it is, one’s views will sometimes elicit uncivil responses. Certainly Ms. Abbatte, if she wishes a career engaged in public and academic discourse over matters of ethics, is going to have to get used to this. Judging from her personal website, she is certainly capable of fending for herself.

But whatever the provenance of these nasty comments or the reasonableness of the university’s response, academic freedom is not limited by the responses it provokes. One would hope, in light of recent events in France, that the university does not believe that freedom of expression must be restricted less it provoke illiberal extremists.

During our conversation, you took some time to “defend” Ms. Abbatte’s comments, claiming that she offered to allow students to address the issue of same sex marriage in a subsequent class and denying (without explanation) that she meant what she quite clearly said. At no time did she qualify her remarks to the student by indicating, for example, that one could not oppose same sex marriage under Rawls’ equal liberty principle or that only certain types of arguments against same sex marriage are homophobic and offensive. You were critical of the undergraduate student to whom she expressed the views in question. We could debate these points but they don’t matter. Dr. McAdams’ academic freedom is not qualified by whether or not he was “right” or by what we think of the conduct of others.

Finally, as to the comments reported in yesterday’s newspaper, spokesperson Dorrington is reported to have said that, in banning Dr. McAdams from campus, the “safety of our students and campus community is our top priority.” He adds that the university will not tolerate “abuse” or “harassment” of students. Tell me, is it the university’s position that disagreement with someone constitutes endangering their “safety? Is it the university’s position that criticism is tantamount to “abuse” and “harassment?” These would be extraordinary positions and hard to reconcile with Mr. Dorrington’s concession that “a professor would not be subject to a review of this nature simply for voicing an opinion.”

Is it the university’s position that Dr. McAdams has done something other than voice an opinion? If so, we have not heard it say so. That leads us to yet another topic – the procedural irregularity of what is being done to Dr. McAdams. It says it has not suspended him (that would require compliance with the provisions of section 307 of the Faculty Statutes), so what, exactly is it doing and where is the authority for doing it?

In addition to the substantive problems with the university’s actions, it has failed to provide Dr. McAdams with the procedural protections that his contract requires. It has suspended him in violation of the Faculty Statutes and in breach of his contract. The University has publicly suggested that Dr. McAdams has engaged in an expression of “hate or abuse.” Spokesperson Dorrington has implied that his presence on campus would endanger students and this conduct somehow constitutes “abuse” and “harassment.” These statements are false and defamatory, and have aggravated the injury to Dr. McAdams. Dean Holz now says that Dr. McAdams has engaged in conduct that is dishonorable and irresponsible. If Dean Holz has repeated those words to any third party it would be a further act of defamation.

Ralph, Dr. McAdams does not desire litigation or to be in a position of conflict with the university. He respects the right of Dean Holz and Ms. Abbatte and anyone else to disagree with him and criticize his views. But I can assure that, if the university wants a national controversy over this, it shall have it. If it wants to make itself a poster child for overweening political correctness and Dr. McAdams a martyr to the cause of free expression, it need only continue on its current course.

We have already submitted a formal objection on behalf of Dr. McAdams. Dr. McAdams expects the University to reverse Dean Holz’ actions to date, to formally reinstate Dr. McAdams and reserves his right to proceed against the University if it does not do so promptly.

Very truly yours.

Richard Esenberg
President and General Counsel

We’ll have some further comments later. At the moment, Esenberg’s letter stands as a cogent rebuke to Marquette.

Student Support for Marquette Warrior

We are rather gratified that, in our dispute with Marquette and politically correct leftists on campus (and across the nation) we have gotten support for a fair number of Marquette students.

First, there is a petition supporting us.

https://www.change.org/p/students-reinstate-john-mcadams

Second, Turning Point USA is sponsoring a demonstration supporting us, scheduled for Monday at 11:00 a.m. at Zilber Hall on the Marquette campus.

We expect to be there. It’s not a great day for a demonstration (cold, and with students gone for Christmas break), so we will greatly appreciate the folks who show up.

Reprisal: Marquette Warrior Under “Investigation” By University

It created more controversy than any blog other post we have done: an account of a Philosophy instructor at Marquette who told a student that gay marriage could not be discussed in her class since any opposition would be “homophobic” and would “offend” any gay students in the class. Not only did the story echo among Catholic outlets and sites dedicated to free speech on campus, but it created considerable blow back among leftist academics, who pretty much demanded our head on a pike.

Today we got an e-mail from Dean Richard Holz:

Dear John:

The university is continuing to review your conduct and during this period--and until further notice--you are relieved of all teaching duties and all other faculty activities, including, but not limited to, advising, committee work, faculty meetings and any activity that would involve your interaction with Marquette students, faculty and staff. Should any academic appeals arise from Fall 2014 semester, however, you are expected to fulfill your obligations in that specific matter.

Your salary and benefits will continue at their current level during this time.

You are to remain off campus during this time, and should you need to come to campus, you are to contact me in writing beforehand to explain the purpose of your visit, to obtain my consent and to make appropriate arrangements for that visit. I am enclosing with this letter Marquette’s harassment policy, its guiding values statement, the University mission statement, and sections from the Faculty Handbook, which outline faculty rights and responsibilities; these documents will inform our review of your conduct.

Sincerely,

Richard C. Holz, Ph.D. Dean

We wrote him back and asked what the charges against us are. He failed to respond. Since we have done nothing particularly controversial lately besides blog about the Philosophy instructor (one Cheryl Abbate), we have to assume that’s what it is about.

The fact that Holz sent the “harassment policy” suggests that somebody thinks that merely blogging about questionable conduct by a Philosophy instructor constitutes “harassment.” Marquette’s harassment policy is absurdly vague and includes “behavior is intimidating, hostile or demeaning or could or does result in mental, emotional or physical discomfort, embarrassment, ridicule or harm.” That’s right, even mental discomfort (which should be a normal part of having one’s opinions challenged in a university) is considered harassing.

However, the behavior must be directed toward a protected class (color, race, national origin, ethnicity, religion, disability, veteran status, age, gender or sexual orientation), and leftist philosophers are not a protected class.

As for having to remain off campus — in effect, being treated like a potential terrorist — we don’t know where that came from. The last time we were accused of harassment (it was sexual harassment, since we told an entire class that feminists grossly exaggerate the incidence of college date rape) we were not treated like a terrorist.

We insisted to Holz that we need to come to campus to complete a manuscript we are working on, he said that was OK.

Whether Marquette officials really want to punish us for blogging, or whether they simply feel the need for a pro forma “investigation” of charges someone has brought, we don’t know. Either would be gross misconduct on the part of Marquette officials. Any attempt to censor our blog not only would violate the canons of academic freedom, but would reverse years of precedent, since we have been free to criticize things going on at Marquette for nearly ten years now. And an “investigation” constitutes a form of harassment. Any charges against us should have been summarily dismissed.

Marquette, in other words, has again shown itself to be timid, overly bureaucratic and lacking any commitment to either its Catholic mission or free expression.