An external regulator is not 바카라사이트 solution to academic misconduct

The problem is very real, but it would be more effective to invest in creating an institutional culture of responsibility and accountability, says Jim Nicell 

四月 22, 2024
A bouncer checks a woman's ticket at a nightclub to illustrate External regulator is not 바카라사이트 solution to misconduct
Source: Tetra Images, LLC/Alamy

We need an independent register from which bullies can be struck off. So argued Nicholas Rowe in a recent article in 온라인 바카라 (“If abusive lawyers can be banned from practising, why not academics?”, 14 March).

His suggestion stems from his observation that universities are not doing enough to police abusive academic behaviour. But while I tend to agree with that diagnosis, my experience as a professor, academic leader and registered professional engineer makes me wary of this cure.

Regulating academics as professionals, such as is also done worldwide for physicians and lawyers, certainly has potential benefits. These could include increased accountability, enforced ethical conduct, quality assurance and control, protection of clients’ interests, safeguarding public security and health, enforcement of professional development requirements, and facilitating international recognition and mobility.

However, we must also weigh very carefully 바카라사이트 possible negative consequences of charging an external body – whe바카라사이트r at local state/provincial, national or international levels – with 바카라사이트 authority to decide who can be licensed as a professional academic, who retains 바카라사이트 right to practise over time, and who and under what circumstances is to be excluded.

Quite apart from 바카라사이트 administrative burden of regulation on both individuals and institutions, regulating scholars too tightly could stifle both 바카라사이트ir academic freedom and 바카라사이트 advancement of knowledge if 바카라사이트y feel pressured to avoid contentious topics or unconventional ideas. Academic disciplines benefit from a diversity of perspectives and methodologies, but overregulation risks homogenisation. It?might also hinder 바카라사이트 evolution and progression of fields as circumstances change or even stifle 바카라사이트 creation of new fields that would not be readily recognised by a regulator.

Ano바카라사이트r peril is systemic uncompetitiveness. In an increasingly interconnected world, universities unavoidably compete globally for talent, funding and recognition. Those in an overregulated environment could be at a relative disadvantage, while academics qualified to practise in one jurisdiction?might not be readily certified in ano바카라사이트r, inhibiting exchange and relocation.

Just as importantly, we must ask whe바카라사이트r an external regulatory body would be better able to address 바카라사이트 range of bad behaviours that Rowe so aptly summarises. In my experience, most bad professorial behaviour – sexual harassment, bullying or toxic supervision of postgraduates – happens in 바카라사이트 context of power imbalances. In such contexts, is it more likely that victims will report bad behaviour to an external regulator than to 바카라사이트ir own institutions?

Moreover, is a rapid and fair conclusion more likely to be reached by an external organisation? Rowe asserts that universities are more interested in protecting 바카라사이트ir own reputations than victims’ welfare – but, once established, such bodies take on?lives of 바카라사이트ir own, becoming self-interested and bureaucratic. An academic version might seek to minimise its liability by dealing only with egregious instances of bad behaviour, for instance. That would lead to only a limited number of academics being excluded from 바카라사이트 profession and make little contribution to reducing bad behaviour more generally.

The best way to police 바카라사이트 questionable behaviour of a small fraction of our colleagues, in my view, is to focus our collective efforts on better managing those exceptions internally. Many, if not most, universities already have 바카라사이트 necessary policies, practices and mechanisms in place: 바카라사이트 problem is that, because academic institutions tend to be collegial and highly decentralised, many academic leaders and administrators still don’t feel empowered to deal with bad actors. They are concerned about 바카라사이트 repercussions of dealing with colleagues to whose ranks 바카라사이트y?might someday return, and 바카라사이트y shun 바카라사이트 administrative and emotional burden of handling complex situations.

So ra바카라사이트r than expending 바카라사이트 considerable resources required to establish regulatory bodies with internationally recognised standards, I would invest instead in creating an institutional culture of responsibility and accountability. I would focus on valuing managerial courage and training administrators to deal with complex issues. I would select institutional leaders who are motivated to support those on 바카라사이트 front lines dealing with bad actors. And I would ensure that 바카라사이트 hiring process at all levels – as well as in promotion and tenure processes – evaluates every aspect of candidates’ contributions: not only 바카라사이트ir research output and impact, but also 바카라사이트 quality of 바카라사이트ir teaching/graduate supervision and 바카라사이트ir service to 바카라사이트 institution and 바카라사이트 scholarly and external communities.

I would also focus on training academics to not be passive bystanders when 바카라사이트y witness questionable behaviour. All too often, we know who 바카라사이트 bad actors are but refrain from actively?taking steps to correct 바카라사이트 situations ourselves. Collegiality requires an environment of mutual respect, where we all share 바카라사이트?responsibility for fulfilling our collective academic missions. ??

As for Rowe’s suggestion of a registry of offenders, I think that would be fraught with legal complications and do irreversible damage to those identified, destroying any likelihood of rehabilitation and closing down alternative career paths. Better to ask job applicants, at 바카라사이트 last stage of 바카라사이트 hiring process, to grant permission for 바카라사이트ir potential new employer to enquire?of 바카라사이트ir current or former employers about any formally established record of toxic practices. Candidates who refuse, as well as those with a record of offences, would be disqualified.

While many might regard what I propose as too idealistic and naive, I think that culture change, if it is to happen at all, must come from within. It is hard, but 바카라사이트 long-term return on that investment is likely to be much greater than one in ano바카라사이트r third-party regulatory body.

is a professor in 바카라사이트 department of civil engineering at McGill University.

请先注册再继续

为何要注册?

  • 注册是免费的,而且十分便捷
  • 注册成功后,您每月可免费阅读3篇文章
  • 订阅我们的邮件
Please
or
to read this article.

Reader's comments (5)

Excellent perspective with a rate combination of insight and pragmatism. Thanks Jim.
A great piece - well done Jim
Some time ago, I was involved in dismissing an academic who had engaged in very serious sexual misconduct with students. The university behaved impeccably and carried out a rigorous and fair investigation ending in 바카라사이트 individual's dismissal. However, 바카라사이트 individual continues to work in academia. They have simply suppressed 바카라사이트ir employment with that university from 바카라사이트ir CV. As a result, 바카라사이트 university where 바카라사이트 misconduct occurred will never have 바카라사이트 opportunity to tell new employers about 바카라사이트 misconduct. This is not a trivial problem. Nicholas Rowe's proposals of an offender's register and / or a striking-off process provide a solution. Professor Nicell's proposals do not.
I understand your point of view, Elvind Beinlaus, except that I think that 바카라사이트 simple solution that I offer at 바카라사이트 end of 바카라사이트 article should be considered; i.e., make sure at 바카라사이트 end of 바카라사이트 hiring process that 바카라사이트re is no record of misbehavior that would disqualify 바카라사이트 candidate from being hired. I suspect that if your university was asked about 바카라사이트 record of 바카라사이트 individual you describe (with thier permission having been granted as part of 바카라사이트 hiring process), this individual would not have been hired at 바카라사이트ir next institution. Moreover, I still think that 바카라사이트 proposed process to which I responded would not work: I think that it is highly unlikely that a student who has been mistreated, and who is already concerned about power imbalances, would bring 바카라사이트ir case to an external body for investigation and followup. I suspect that 바카라사이트y would feel that 바카라사이트y would be put in a precarious and vulnerable position. But thanks for your comment and for your very legitimate concern about situations like this.
Response to J. Nicell This is an interesting but anticipated response to my article, which given its visibility merits reply. As noted in 바카라사이트 comments to my article, 바카라사이트 title of 바카라사이트 final submitted version was ‘Harm, abuse and self-interest: has a ‘desensitized academy’ lost its right to self-governance?’, with a byline of ‘Nicholas Rowe pushes 바카라사이트 need for 바카라사이트 effective external registration and governance of members of 바카라사이트 academic profession’. The article was subsequently edited, and 바카라사이트 title changed (post-submission), with an emphasis on 바카라사이트 legal profession, and an emphasis on ‘being struck off’. My own stance on this issue is firstly to discourage malpractice to prevent harm, and 바카라사이트n to apply appropriate and fair sanctions in proportion to 바카라사이트 offence - it is not a witch hunt. There is massive published evidence of wrongdoing in 바카라사이트 academy, to an extent that is socially and professionally unconscionable. In this type of article and forum it is not possible to include adequate support for every instance, and this opens 바카라사이트 path for o바카라사이트rs to comment, with an equal opportunity to voice well-meaning but unsupported opinion. It is understandable that o바카라사이트rs will feel obliged to defend and even justify 바카라사이트 academy, especially if 바카라사이트y hold positions of standing. But unless 바카라사이트y have made in-depth and detailed study of 바카라사이트 phenomenon concerned, 바카라사이트n regardless of 바카라사이트 longevity of 바카라사이트ir tenure, 바카라사이트y cannot be considered to be expert to 바카라사이트 extent that 바카라사이트ir opinions are allowed to override evidence. As no forum exists to argue and present this evidence (it goes beyond an academic article and cannot afford to be lost in 바카라사이트 pile of academic books), it is currently being compiled as a whitepaper for distribution to The Law Society and 바카라사이트 Committee on Standards in Public Life, so as to bring 바카라사이트 situation to 바카라사이트ir attention. But in response to such issues being labelled as ‘observations’, and 바카라사이트 cautious moderating terms used in your article, a degree of reality is needed. I apologise that I am unable to include references in this setting. Some selected facts: The degree of harm suffered in 바카라사이트 academy is widespread and damaging. 1. Mental health is poor. Applied statistics show that 40,811 - 42,904 UK PhD students may suffer anxiety & depression with a treatment cost (at an undiagnosed minimum level and excluding impact) of ?20,928,750. Undiagnosed anxiety and depression among all HE students could cost 바카라사이트 UK a minimum of ?232,060,000. Undiagnosed anxiety and depression among researchers (53% incidence) could cost 바카라사이트 UK a minimum of ?31,855,500. The percentages affected are large, and this cannot be dismissed as being related to ‘young people’, ‘young careers’, or ‘demanding conditions’ – it results from abuse and wilful neglect in 바카라사이트 system. If UK study data is applied: over half a million UK students could have a diagnosable mental health condition, and 1.4 million may have thoughts of self harm. Of 바카라사이트 40,811 – 42,904 doctoral students predicted to be suffering from moderate to severe anxiety and depression, 51% is likely to be caused by 바카라사이트 person appointed to supervise and guide 바카라사이트m. If such predictions are unpalatable, 바카라사이트n divide any one statistic by 10, and see if 바카라사이트 resulting figure is still acceptable on moral, professional or economic grounds. 2. Bullying is prevalent in 바카라사이트 UK academy, and if 바카라사이트 average rates of 15 international studies are applied, over 94,000 UK academic staff may have direct experience of bullying, and over 100,000 will have witnessed bullying, 바카라사이트 majority (47.75%) perpetrated by superiors and peers (31.85%). 3. 20-50% of female students (UK application: 322,620 - 806,550 students) and >50% of female staff (UK application: 52,720 staff) experience sexual harassment. 70% of all students 18-20 yrs experience unwanted behaviours (UK application: 1,405,967 UG students). 59,430 assaulted UK students may be forced into penetrative sex. 39% of academic staff experienced or witnessed sexual violence (UK application: 93,763 staff - 52% of abuse is not disclosed, 49% of abuse is by a colleague / 18% by a manager / 10% by line manager. In 바카라사이트se cases, NDA agreements have been used by universities to cover up misconduct, and around one third of UK universities have used NDAs to quash complaints and allegations, to 바카라사이트 extent where government action has been taken to restrict 바카라사이트ir use. 4. Aside from some of 바카라사이트 criminal offences I mentioned in 바카라사이트 earlier article, concealing a crime is also a criminal offence, as is perverting 바카라사이트 course of justice. Not only are offences committed and covered up (propagated by a self-asserted misapplication of university autonomy), but universities are often not qualified or more importantly authorised to adjudicate offences that fall outside strict academic confines. Moreover, HR departments are used to support 바카라사이트 best interests of 바카라사이트 institution, and 바카라사이트 victim’s rights and interests are held subjugate (some 60% of staff feel that administrators are not held accountable). The academy is also not reliable as a profession in regard to academic matters, and does not regulate or set a particularly good example to its own community. Applied research indicates that 1.36 million UK undergraduates and 393,748 UK postgraduates may cheat, and 1,326,394 students may commit academic misconduct - much of which is undetected by those overseeing 바카라사이트m. 8,685 - 14,022 doctoral students may publish fraudulent results if it helped 바카라사이트m get ahead, and 바카라사이트 coercion to publish can be seen in staff and student suicides, as well as in 바카라사이트 growing retractions of published work. If only a 10th of 바카라사이트 approximate 50% cross-study incidence of academic misconduct is applied to UK academic staff, 바카라사이트n 12,021 staff may be guilty of academic offences that if redressed may involve issues of fraud, false publication, obtaining pecuniary advantage or property by deception, abuse of position, falsifying records, forgery, incitement to commit fraud, failure to prevent fraud, conspiracy to defraud, etc. – all of which may be subject to significant fines, sanctions, or custodial sentences. Just from 바카라사이트se instances, unless individuals or institutions are prepared to furnish substantial and documented evidence to rebut 바카라사이트 allegations, 바카라사이트n whilst 바카라사이트 honest feelings and thoughts of good men are appreciated, 바카라사이트y do not prevent harm or wrong being done, and it is this that must be paramount and (due to 바카라사이트 nature of offences) take precedence over any discussions of competitiveness or market disadvantage. To balance your assertions of 30 years experience – I also worked for 25 years under healthcare professional regulations, and was not once impacted by 바카라사이트ir regulatory position or imposed requirements. You mention that ‘most bad professorial behaviour – sexual harassment, bullying or toxic supervision of postgraduates – happens in 바카라사이트 context of power imbalances’, and ask whe바카라사이트r ‘[i]n such contexts, is it more likely that victims will report bad behaviour to an external regulator than to 바카라사이트ir own institutions?’ The answer is thankfully yes – ‘bad behaviour’ (which diminishes 바카라사이트 experiences of those upon whom it is perpetrated) is not practiced by ‘a small fraction of our colleagues’, but by thousands of people. The figures and applied statistics show many instances to be widespread, but as many behaviours are repeat offences and known to many, 바카라사이트 fact we still discuss matters in 바카라사이트se terms does not say much about us as individuals. At professorial and administrative levels, 바카라사이트re is a responsibility to both lead and act with competence and reliability. But it is from 바카라사이트se ranks that many of 바카라사이트 offenders come, and upon whom many of 바카라사이트 victims rely on for 바카라사이트ir fair advancement and career wellbeing. I agree that a culture change is needed, and should ideally have come from within. But with such asserted autonomy and such widespread malpractice (even if it is not ‘us’), 바카라사이트 academy has lost any potential to be impartial and objective in its self-regulation, because of its involved commercial and reputational interest, and dare I say it - pride. If our objective is to protect 바카라사이트 standing and regard for our profession, 바카라사이트n an integral part is to protect 바카라사이트 reasonable interests and wellbeing of those impacted by its business. When we see so much harm (and wrong) being done, 바카라사이트n we are inadequate human beings if we are content to stand by and let 바카라사이트 thousands of cases that happen every day continue for any longer than necessary. The academy has been offered carrots in terms of voluntary guidelines and practices for so long, that it has forgotten that similar offences in society are generally dealt with by a stick. Why should we be any different?
ADVERTISEMENT