Lawsuit Challenges Academic 'Freedom'
Tuesday, November 07, 2006
By Wendy McElroy
Does a professor have the right to require his students to comply with a certain political or social view in order to pass a course? Can universities demand that students observe policies that conflict with their religious views or restrict their First Amendment rights?
A lawsuit filed by a Missouri college student may soon provide some answers to these questions--with important implications for academia.
The lawsuit, Brooker v. The Governors of Missouri State University (MSU), was filed on Oct. 30 by the Alliance Defend Fund on behalf of Emily Brooker, a student in the university's school of social work. The ADF, a Christian legal group that advocates religious freedom, accuses tax-funded MSU of retaliating against Brooker because she refused to sign a letter to the Missouri Legislature in support of homosexual adoption as part of a class project.
Gay adoption violates Brooker's Christian beliefs.
ADF says the letter violated her First Amendment rights to free speech and freedom of religion; the subsequent punishment violated her Fourteenth Amendment rights to due process and equal protection.
MSU President Mike Nietzel promises a full investigation that will "reflect thoroughness, thoughtfulness and care."
MSU released a statement that reads, in part, "Missouri State University has been and is committed to protecting the rights of its students, as well as its faculty and staff, including free speech and expression, and freedom of religion."
MSU officials also pointed to established policies for students who feel "disrespected" by professors and to the non-discrimination policy printed in the syllabi that all students receive.
Nietzel and other university officials declined further comment, however, until the investigation renders results. Unfortunately, for the purpose of examining the case, the available "facts" of the case come almost entirely from Brooker's lawsuit.
It alleges the following:
In 2002, Brooker entered MSU for a bachelor of social work degree. In Spring 2005, she enrolled in "Social Welfare Policy and Services I" taught by Frank G. Kauffman, a non-tenured assistant professor. The course was a requirement; that is, Brooker could not graduate without passing it.
When Kauffman reportedly "engaged in leftist diatribes denigrating President Bush," Brooker and several other students objected. She received an atypically bad grade which, after a year of effort, was successfully appealed.
Unfortunately, Kauffman taught another required course that Brooker attended in Fall 2005. Students were required to engage in a social work advocacy project of their choice; Brooker chose "homelessness," but Kauffman ordered the entire class to focus on advocating for the rights of gays to adopt and serve as foster parents, which he strongly favors.
(Missouri and Florida are the only two states in which gay men cannot adopt children. In Missouri, the issue is in flux not merely in election rhetoric but also in the judiciary; for example, a Missouri judge ruled in February that a lesbian could not be denied a foster care license because of her sexual orientation.)
Using a draft that Kauffman provided as their guide, the students were to compose and individually sign a letter on MSU letterhead in support of gay adoption which was addressed to the Missouri State legislature. The signature is key. Drafting a statement with which you disagree can be a valuable intellectual exercise; signing an addressed letter is an endorsement.
The signature -- unlike the context in which it arose -- could be a matter of permanent and public record.
Brooker declined. Eventually Kauffman agreed that she could write "an alternate letter." Before this agreement occurred, however, Brooker and another student went to an outside professor for advice. Perhaps due to pressure from coworkers, Kauffman dropped the letter campaign.
After Brooker completed the course, she learned that Kauffman had filed a Level 3 Grievance against her. A Level 3 is the most serious charge that can be directed at a student's academic performance, and such a mark on her record significantly impairs Brooker's potential for employment or enrollment elsewhere.
The School of Social Work's Standard of Essential Functioning states, "More often, a Level 3 review is conducted when concerns have not been resolved in prior reviews…or when the student is being considered for withdrawal or discontinuance in the program."
Brooker had undergone no prior review...
...
...If successful, the lawsuit may reverberate through academia. The tax-funded policies at MSU are similar to those in other universities where parallel dramas play out.
For example, last year Rhode Island College’s School of Social Work required a master’s degree student, who identified himself as politically conservative, to publicly advocate for political causes to which he morally objected. When the student refused, he was informed "he could no longer pursue a master’s degree in social work policy" at the college...
foxnews.com |
