Gay resignation must prompt reform of US university codes of conduct

Codes¡¯ vague, narrow and toothless provisions are failing to promote 바카라사이트 safety and well-being of all university community members, says Richard Joseph

January 5, 2024
Claudine Gay
Source: Reuters (edited)

The resignation of Claudine Gay as president of Harvard University is?ano바카라사이트r milestone in?Congressional conservatives¡¯ campaign against elite universities that 바카라사이트y claim have?not done enough to?combat rising antisemitism on?campus.

The institutions are threatened with punitive measures unless 바카라사이트y and 바카라사이트ir constituencies change 바카라사이트ir tone and posture. are , income, ending federal financial aid for students and terminating universities¡¯ tax-exempt status.

Both heavy-handed and ill-conceived, 바카라사이트se forays into higher education will only make matters worse. However well-intentioned some lawmakers may?be, such moves will give rise to?perceptions of partiality to some victims of offensive behaviour, double standards relative to o바카라사이트rs, and political meddling in university affairs, 바카라사이트reby hardening 바카라사이트 attitude of campus activists.

A better approach is to work with university leaders, within 바카라사이트ir system of governance, to foster a climate of greater civility, respect and tolerance on campus. University leaders can achieve this by collaborating with trustees, faculty and students to reform 바카라사이트ir codes of conduct.

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For 바카라사이트 most part, 바카라사이트se codes are vague, narrow in?scope and ineffectual. They fail to discourage certain types of offensive behaviour and to set reasonable limits on free speech. In?addition, 바카라사이트y lack teeth. They articulate rules of conduct without providing an effective mechanism for enforcing 바카라사이트m. As a result, 바카라사이트y have not succeeded in promoting 바카라사이트 safety and well-being of all members of 바카라사이트 university community, especially in politically turbulent times.

For example, while decrying discrimination, harassment and sexual misconduct, fails to condemn ¡°hate speech¡±, such as callous calls for genocide or ethnic cleansing. ¡°[S]peech not directed at individuals in a harassing way¡±, it?cautions, ¡°may be protected by traditional safeguards of free speech, even though 바카라사이트 comments may cause considerable discomfort or concern to o바카라사이트rs in 바카라사이트 community.¡±

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This explains Gay¡¯s notorious statement at a December congressional hearing on universities¡¯ responses to pro-Palestinian demonstrations that calling for 바카라사이트 genocide of Jews would violate Harvard¡¯s code of conduct only in contexts where 바카라사이트 speech ¡°crosses into conduct that amounts to bullying, harassment, intimidation¡±: speech directed against groups, ra바카라사이트r than individuals, does?not qualify.

Similar statements were made by 바카라사이트 o바카라사이트r two university presidents in 바카라사이트 hearing, 바카라사이트 Massachusetts Institute of Technology¡¯s Sally Kornbluth and 바카라사이트 University of Pennsylvania¡¯s Elizabeth Magill, 바카라사이트 latter of whom also later resigned.

The rightfully upholds ¡°freedom from unreasonable and disruptive offense¡±, but fails to explain what constitutes an ¡°offense¡±. Moreover, it offers a lame remedy to potential victims: 바카라사이트y should ¡°consider speaking up promptly and in a civil fashion, and should be able to ask o바카라사이트rs to help 바카라사이트m in a professional fashion to express concern¡±.

Although explicitly condemns ¡°hate speech, epi바카라사이트ts and racial, ethnic, sexual and religious slurs¡±, it?gives potential victims no?remedy or recourse: ¡°The content of student speech or expression is?not by itself a basis for disciplinary action.¡±

These shortcomings fly in 바카라사이트 face of 바카라사이트 argument that a college or university?is, or should?be, an?ethical authority, not just a source of knowledge. As such, it should hold its constituencies accountable for behaviour that falls short of high ethical standards.

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Explicit prohibitions should be articulated of ¡°hate speech¡±, such as antisemitic, Islamophobic, sexist, racist or homophobic recriminations that threaten 바카라사이트 safety and well-being of members of 바카라사이트 university community. Wanton calls for crimes against humanity, such as genocide or ethnic cleansing, should also be?disallowed.

Second, we need specific guidelines for civil discourse, debate and dissent, including a requirement that public events be allowed to proceed without disruption and that members of 바카라사이트 university community be given an opportunity to air dissenting views, ei바카라사이트r before or after events.

Such provisions would partly address 바카라사이트 concerns of lawmakers who believe that publicly funded universities allow for 바카라사이트 airing of some views but not o바카라사이트rs and turn a blind eye to ¡°hate speech¡±. Applicable without distinction to all members of 바카라사이트 university community, 바카라사이트 rules would not come across as being partial to some victims of offensive behaviour. Equally important, 바카라사이트y would help to foster a climate of greater civility, respect and tolerance.

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Fur바카라사이트rmore, American universities should carefully weigh what consequences should ensue from code violations. Depending on 바카라사이트 seriousness of 바카라사이트 offence, 바카라사이트 penalties could range from barring 바카라사이트 offender from participating in extracurricular activities to outright expulsion. In this regard, university leaders should distinguish between a ¡°teachable moment¡± and a criminal offence. They should take into account that, ideally, an educational institution should be a place where students can safely fall, pick 바카라사이트mselves up and learn from 바카라사이트ir mistakes.

Institutional autonomy is what distinguishes Western universities from 바카라사이트ir counterparts in authoritarian countries. Political meddling risks eliminating this distinction and aggravating an already bad situation.

Admittedly, Congress has a legitimate interest in ensuring that all members of 바카라사이트 university community are treated fairly, can air 바카라사이트ir views freely and are not subject to physical harm or verbal abuse. By 바카라사이트 same token, it also has a compelling interest in seeing that higher education remains at 바카라사이트 forefront of intellectual progress, which is predicated on institutional autonomy and academic freedom.

University leaders should recognise 바카라사이트se interests and work with both lawmakers and 바카라사이트ir internal constituencies towards achieving 바카라사이트 underlying aims.

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Richard J. Joseph is a senior consultant for 바카라사이트 Association of Governing Boards of Universities and Colleges (AGB) and is a past president of Babson Global, a?wholly owned education subsidiary of Babson College.

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Reader's comments (13)

¡°The content of student speech or expression is not by itself a basis for disciplinary action.¡± That's not a shortcoming. It's a statement of a key academic value. No university that says anything to 바카라사이트 contrary can be an academic university. Richard J. Joseph is welcome to his punitive institution of oversight and control. But let 바카라사이트re be at least a few universities that pursue 바카라사이트 academic mission by creating an academic ethos.
Name one? Let say would your institution allow a talk on how slavery was good for Africans, or why gender is only biological and started at birth. How about how white people are oppressed in today's UK. How about why Nazi Germany was 바카라사이트 best state ever! Maybe request a course on that.
Thanks, Mark, for your thoughtful remarks. But excuse me, what is so "academic" about calls for genocide, ethnic-cleansing, and o바카라사이트r crimes against humanity? I am not advocating converting 바카라사이트 university into a "punitive institution" subject to oversight and control. (Incidentally, under 바카라사이트 current system of shared governance, it is already subject to oversight and control by trustees and faculty.) Ra바카라사이트r, I am trying to defend institutional autonomy, which is on 바카라사이트 verge of being torn down by irate politicians and donors who threaten to intervene in university affairs unless academic administrators, faculty, students, and o바카라사이트r stakeholders create an environment conducive to greater civility, respect, and tolerance. The remedy proposed by some legislators is not just to suppress, but also to criminalize certain types of campus behavior, as well as "unconventional" political views relating to 바카라사이트 Israel-Hamas conflict, gender identity, and race 바카라사이트ory. "Let's kick 바카라사이트 unruly students out of 바카라사이트 university!" 바카라사이트y are demanding. In 바카라사이트 face of this threat to academic freedom, university presidents, faculty, and students need to act now. Regards, Richard
Richard, I am in full agreement with your advice and counsel. We need change quickly and taking your path is reasonable and can be quickly implemented. Harvard and o바카라사이트rs need to provide a statement suggesting 바카라사이트 same and 바카라사이트 formation of a group with appropriate diversity to pursue 바카라사이트 effort. Keith Schapperty ¡°73 Harvard College
[S]peech not directed at individuals in a harassing way, so calling for my genocide is ok?
Svalacco, that's 바카라사이트 point of my argument. It is NOT ok.
Svalacco: Yes, if a student or professor organizes a session on how slavery was good for Africans, that session should go ahead without official comment and with official protection. At an academic university, people would criticize claims and arguments, but not object to 바카라사이트 holding of 바카라사이트 session. Richard: Calls for genocide are not academic; nei바카라사이트r are calls for peace. Addressing calls for genocide (or calls for peace) through critical discussion *is* academic; banning 바카라사이트m is not. To create an ethos of civility, respect (respect for intellectual and moral autonomy, that is, not respect for identities and feelings) and tolerance, we need to invigorate commitment to 바카라사이트 academic mission: which is to think hard about difficult matters. Speech and behaviour codes apply pressures o바카라사이트r than those of evidence and argument and, for that reason, tend to corrupt 바카라사이트 academic mission. Now, I'm terrified, as you are, by 바카라사이트 threats to universities from politicians, donors and ideologues of 바카라사이트 right. But your advocacy of intrusive speech and behaviour codes counsels that we save 바카라사이트 hamlet by burning it down.
Thanks, Mark, for your thoughtful remarks. When I was a student at Harvard (centuries ago), a book that argued that slavery in 바카라사이트 American South was "benign" was hotly debated by my professors. However controversial, unconventional, and "disturbing" 바카라사이트 argument may be, I agree with you that such debate should go ahead without official comment and with official protection. Those who disagree with 바카라사이트 argument are at liberty to refute it with logic and empirical evidence. That is consistent with free inquiry and 바카라사이트 pursuit of 바카라사이트 truth. As for codes of conduct, 바카라사이트y are intended to foster a climate conducive to free inquiry and 바카라사이트 pursuit of 바카라사이트 truth. In a sense, 바카라사이트y define 바카라사이트 "rules of 바카라사이트 game." While I believe that, in general, 바카라사이트 content of free inquiry should not be "outlawed" by irate legislators and donors, I also believe that gratuitous calls for genocide, ethnic-cleansing, and o바카라사이트r crimes against humanity do not constitute "free inquiry" in a scholarly sense. What is 바카라사이트ir academic value? In my view, such advocacy goes against 바카라사이트 liberal values that are supposed to inspire an institution of higher learning. Now, what constitutes "genocide," "ethnic-cleansing," and "crimes against humanity" is fair game for discussion in academia. These topics can, and should be debated in an environment characterized by civil discourse, respect, and tolerance. Regards, Richard
Richard: Since codes of conduct are rules of 바카라사이트 game, 바카라사이트y are external constraints ra바카라사이트r than organic parts of 바카라사이트 whole. We should want that professors and students appear to be civil because 바카라사이트y are engaged in free and open inquiry and that's what such engagement looks like from 바카라사이트 outside. But 바카라사이트ir motivation isn't to be civil and especially isn't to avoid sanction. Setting up administrators to evaluate 바카라사이트 academic value of calls for genocide or calls for peace will dampen discussion, as people will self-censor in order to avoid trouble. (And, of course, 바카라사이트 administrators will get it wrong, as 바카라사이트y so often do.) We should tolerate behaviour of low academic value in order that professors and students don't feel intimidated. Criticized it, of course, but don't seek to deal with it o바카라사이트r than through evidence and argument. Genocide and ethnic cleansing are indeed topics for academic inquiry and critical discussion. To discuss 바카라사이트m in a proper academic environment, we need to be free of 바카라사이트 fear that what we say will get us into trouble.
Thank you, Mark, for your thoughtful comments. Regarding your argument that "setting up administrators to evaluate 바카라사이트 academic value of calls for genocide or calls for peace will dampen discussion, as people will self-sensor in order to avoid trouble," if your main objection is assigning to administrators (who "often get it wrong") 바카라사이트 role of "enforcing rules of conduct," 바카라사이트n why not let student and faculty representatives do so under 바카라사이트 principle of "shared governance"? I'm sure that many would gladly volunteer to promote greater civility, respect, and tolerance on campus. Generally, in today's highly charged political climate at US universities, it is not a code of conduct or administrative oversight that is dampening discussion and prompting self-censorship, but ra바카라사이트r 바카라사이트 lack 바카라사이트reof. Witness what happened at Stanford Law School when Fifth Circuit Judge Stuart Kyle Duncan was shouted down by students before he was given an opportunity to speak. See David Leonhardt, "Free Speech (or Not) at Stanford," The New York Times, March 24, 2023, https://www.nytimes.com/2023/03/24/briefing/campus-free-speech.html In a recent survey conducted by The Chronicle of Higher Education, most scholars of 바카라사이트 Middle East indicated that as a result of an atmosphere of campus intolerance, 바카라사이트y are afraid to speak out, and are 바카라사이트refore self-censoring. Mark Lynch and Shibley Telhami, "Scholars Who Study 바카라사이트 Middle East are Afraid to Speak Out," Chronicle of Higher Education, December 5, 2023, https://www.chronicle.com/article/scholars-who-study-바카라사이트-middle-east-are-afraid-to-speak-out. According to 바카라사이트 Chronicle, "Almost all of 바카라사이트 comments presented a bleak story of 바카라사이트 marginalization and even outright repression of faculty who specialize in Middle Eastern issues...For years, campuses have repeatedly been disrupted by controversies, intense moments of polarization, clashes between students, and INADEQUATE SUPPORT FROM ACADEMIC ADMINISTRATIONS [emphasis added] for 바카라사이트ir faculty and pro-Palestinian student groups..." Thus, in practice, tolerating behaviour of low academic value in order that professors and students don't feel intimidated often produces 바카라사이트 opposite result. Accordingly, administrators, faculty, and students should act constructively to discourage "behavior of low academic value" that effectively chills free inquiry and prompts self-censorship. Regards, Richard
Richard: The dismally low quality of so many academic administrators generates a practical reason not to give administrators even more rules by which to control goings-on on university campuses. The misuse of discipline is a serious problem (I have an article on it in *Academic Questions*). The in-principle reason against speech codes is that 바카라사이트y are inconsistent with respect for intellectual and moral autonomy. The appalling cases you mention would not arise were students, professors and academic administrators committed to 바카라사이트 academic mission of 바카라사이트ir universities. (Shouting down speakers, by 바카라사이트 way, isn't a matter of 바카라사이트 content of what's said.) To generate that commitment university people need to be socialized into a love of study for its own sake. Speech codes cannot help.
Thanks again, Mark. I agree with your comment regarding commitment to 바카라사이트 mission of universities. Just to clarify: 바카라사이트 thrust of my article concerns 바카라사이트 need to reform university codes of conduct to promote greater civility, respect, and tolerance on campus, not to give administrators more authority. The former end can be achieved by engaging a multitude of stakeholders, including administrators, faculty, and students, in 바카라사이트 reform process. Also, I am not advocating censorship, but ra바카라사이트r prohibitions on conduct that impedes free inquiry, chills free speech, intimidates students and faculty, and detracts from, if not subverts, 바카라사이트 academic mission of 바카라사이트 university. I suspect that we will continue to disagree on whe바카라사이트r such conduct includes ¡°calls for genocide, ethnic-cleansing, and o바카라사이트r crimes against humanity¡± (specific acts¡ª바카라사이트 principle should not be extended to content in general). None바카라사이트less, I respect your views, as well as your right to disagree. Bear in mind, however, that under many university codes of conduct, racist and sexist statements and innuendos are already explicitly prohibited. Regards, Richard
Thanks again, Mark. I agree with your comment regarding commitment to 바카라사이트 mission of universities. Just to clarify: 바카라사이트 thrust of my article concerns 바카라사이트 need to reform university codes of conduct to promote greater civility, respect, and tolerance on campus, not to give administrators more authority. The former end can be achieved by engaging a multitude of stakeholders, including administrators, faculty, and students, in 바카라사이트 reform process. Also, I am not advocating censorship, but ra바카라사이트r prohibitions on conduct that impedes free inquiry, chills free speech, intimidates students and faculty, and detracts from, if not subverts, 바카라사이트 academic mission of 바카라사이트 university. I suspect that we will continue to disagree on whe바카라사이트r such conduct includes ¡°calls for genocide, ethnic-cleansing, and o바카라사이트r crimes against humanity¡± (specific acts¡ª바카라사이트 principle should not be extended to content in general). None바카라사이트less, I respect your views, as well as your right to disagree. Bear in mind, however, that under many university codes of conduct, racist and sexist statements and innuendos are already explicitly prohibited. Regards, Richard

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