Huffington Post lists political donors by employer. The information is publicly available on the World Wide Web. I am not breaching confidentiality by copying the data.
The folks at the American Association of University Professors keep claiming that there is no imbalance between Democrats and Republicans in universities. They claim that the professoriate represents a balanced range of views. That is of course absurd.
The top of the Huffington Brooklyn College list states:
$16,093 was given by people who identified their employer as "Brooklyn College".
$0 to Republicans
$16,093 from 25 people to Democrats
The summary states that it all went to Democrats. However, that is inaccurate, as there is one Republican donor on the list. Me. If you look down the list you will see that I gave $540 to John McCain. I am the only Republican donor on the list. With 25 on the list, the politically interested faculty appears to be 4% Republican and 96% Democratic.
Moreover, the amounts contributed to the Democratic Party are surprisingly large. For example, Professor Leo Zanderer donated $4,600 to Christopher Dodd. Professor Madelon Rand donated $1,950 to Hillary Clinton in the first quarter of 2008. Librarian Howard Spivak donated $1,000 to Hillary Clinton. Professor Barbara Winsolow gave $2,000 to Howard Dean.
My question, friends, is: why does the heading of the list say that there are no Republican donors at Brooklyn when it lists me as having given $540 to John McCain?
Brooklyn College Political Donations
Leo Zanderer Professor Brooklyn College Christopher Dodd $4,600
Madelon Rand English Instructor Brooklyn College Hillary Clinton $1,950
Howard Spivak Director, Academic Information,Brooklyn College Hillary Clinton $1,000
Gail Gurland Professor Brooklyn College Hillary Clinton $600
Mitchell Langbert ASSOCIATE PROFESSOR BROOKLYN COLLEGE John McCain $540
Philip Thibodeau Professor Brooklyn College Barack Obama $465
Ellen Wayne Professor Brooklyn College John Edwards $450
Renison Gonsalves Updated Q1/2008 Hillary Clinton $420
John Van Sickle Professor Q1/2008 Barack Obama $400
Donald M Levine Professor Brooklyn College Updated Q1/2008 Barack Obama $391
Lindley Hanlon Professor Brooklyn College Updated Q1/2008 Barack Obama $308
Michael Hipscher Teacher Brooklyn College Updated Q1/2008 John Edwards $300
Matthew Moore Professor Brooklyn College Updated Q1/2008 Barack Obama $300
Mac Wellman writer/professor Dennis Kucinich $300
Andrew Meyer Professor Brooklyn College Q1/2008 Barack Obama $272
Sonia Murrow College Professor Brooklyn College Q1/2008 Barack Obama $250
Barbara Winslow University professor Brooklyn College Howard Dean $2,000
Charlene Forest Professor Brooklyn College Updated Q1/2004 DNC $500
Joe Fodor writer Brooklyn College Updated Q1/2004 DNC $500
Ellen Wayne College Professor Brooklyn College Updated Q1/2004 DNC $450
Clement Mbom Professor Brooklyn College Updated Q1/2004 DNC $408
John Van Sickle Professor Brooklyn College Q1/2004 John Kerry $375
Kathleen Axen Professor Brooklyn College Updated Q1/2004 DNC $300
Matthew Moore Brooklyn College Updated Q1/2004 DNC $300
Peter Wayne College Professor Brooklyn College Updated Q1/2004 John Kerry $250
Len Fox college professor Brooklyn College Q1/2004 DNC $250
Todd Holden Professor of Physics Brooklyn College Updated Q1/2004 DNC $250
David Bloomfield Educator Brooklyn College Q1/2004 John Kerry $250
Roni Natov English Professor Brooklyn College Updated Q1/2004 DNC $250
Daniel Mufson Assistant Professor Brooklyn College Updated Q1/2004 Howard Dean $250
Steven Jervis Brooklyn College Updated Q1/2004 John Kerry $200
Corey Robin professor Brooklyn College Updated Q1/2004 Howard Dean $200
Charles Ayes Architect Brooklyn College Updated Q1/2004 John Kerry $200
Len Fox College Professor Brooklyn College Q1/2004 John Kerry $200
Frederick Gardiner Professor Brooklyn College Q1/2004 John Kerry $200
Mac Wellman Professor Brooklyn College Updated Q1/2004 Dennis Kucinich $200
Gary Giardina Physician Assistant Brooklyn College Updated Q1/2004 DNC $150
Daniel Mufson Assistant Professor Brooklyn College Updated Howard Dean $150
John Van Sickle Professor Brooklyn College Updated Q1/2004 Howard Dean $100
Allison Dean Professor Brooklyn College Updated Q1/2004 Howard Dean $60
Showing posts with label Academic Bill of Rights. Show all posts
Showing posts with label Academic Bill of Rights. Show all posts
Wednesday, April 30, 2008
Saturday, March 15, 2008
Why Democrats and Republicans Are Mostly the Same: the Roosevelts
The two Roosevelts were founders of post-modern progessivism. Theodore Roosevelt was a Republican who believed in a statist corporate system. He became the most radically left-wing of all American presidents, including his cousin Franklin. Roosevelt believed that corporations should be licensed to engage in interstate commerce and that the federal government should tell firms what prices to charge and how to function. Although his ideas were too extreme, and ultimately were rejected by his appointed successor, William H. Taft, the model of a state-regulated economy was the product of the Progressive Republicans and of Roosevelt's presidency. Today, Democrats are calling themselve Progressive, but the fact is that Progressivism was a Republican more than a Democratic movement. Wilson was a Progressive because he had to be. His Mugwump background was consistent with a belief in freedom and private enterprise, and although many Mugwumps, including Theodore Roosevelt, had turned to statism in the Progressive era, Wilson did so in response to political pressure.
The Republican Party, then, was not a small government party in the twentieth century until Barry Goldwater ran on those views in the 1964 presidential election. The Republican Party included a minority of small business advocates (who were NOT libertarian in philosophy-- this was the group that had fought for the Sherman Ant-trust Act and the Interstate Commerce Commission in the 1880s). It included a minority of laissez faire advocates in the late 19th century, the Mugwumps, but but their laissez faire orientation had diminished by 1900, and they were too few in number to be of any importance until Goldwater, who lost by a landslide in the federal election.
The laissez-faire Republican Mugwumps of the late 19th century were not loyal to the Republican Party because the Republicans were indifferent to laissez faire and in their minds good government (civil service) principles. The laissez-faire Democrats in the late 19th century were known as the Bourbon Democrats, and included President Grover Cleveland. But these groups were small even in the 19th century (certainly less than 5 percent of the electorate). Laissez faire was not the philosophy of late nineteenth century Americans, many of whom were immigrants who benefitted from political machines in the cities and had no understanding of the economics of Smith or the opinions of EL Godkin. Thus, it is impossible that laissez-faire conservatives reflected even a small fraction of the Republican Party by the 1930s, when Roosevelt was elected.
Those conservatives who saw themselves adversely affected by the Franklin Roosevelt policies (at least in the public relations sphere) reaped what they had sown. They had not funded opposition to Progressivism in the early twentieth century, and there was no intellectual foundation to fight the New Deal in the 1930s.
Thus, while the founder of the modern Republicans was the Progressive Theodore Roosevelt and his protege (and more conservative but still rather statist) William H. Taft, the founder of the modern Democrats was the social Democrat Franklin D. Roosevelt, who adopted many of the ideas of Herbert Croly with respect to legislation.
Thus, the debate of the twentieth century has been largely among progressive Republicans, who follow the Taft position, and the progressive Democrats, who follow the Roosevelt position. Both are descendents of Theodore Roosevelt, who may be viewed as the founder of twentieth century ideological debate.
John Lukacs has argued that the dominant ideology of the twentieth century was national socialism. Stalin advocated "socialism in one country" as did Mao, while Hitler coined the term Nazi-Sozi. Progressivism is the American strain of the national socialist movement, and most Americans believe in it. The twenty or thirty percent of Americans who do not must clarify a few points among themselves.
1. The difference between national socialist Americans and those who believe in "none of the above" is that "none-of-the-above" Americans believe in a limited state. That should be the glue that binds them. Other issues distract from the need to restrain state power, which is the chief threat to freedom, progress and economic gain. These are difficult to withstand, because nationalism is a highly emotional cause.
2. Many of the supposed arguments between conservatives and the left are spurious. They are instituted by statists on both left and right. Both the statist left, in its radical as well as liberal forms, and the right, in its converstive talk-show form, are progressive, national socialist movements, even though the right claims to be for small government (but of course belies those claims when elected). Those who would change in the direction of less government have to change habits of thought. That means asking what others who believe in reductions in state power are least likely to believe and avoiding emphasis on those issues for political purposes.
3. Advocates of "none of the above" ought to think of ways to include each other, not to exclude each other because of shibboleths, code words, racial divides, or side issues that serve only to distract.
4. It is a mistake for libertarians to believe that big business Republicans and neo-conservatives are on their side. There is no alliance between those who do not believe in left or right wing national socialism and libertarians, small scale liberals and those who oppose the extension of state power and favor economic development. The conservative right is and always has been as statist as the radical left. The libertarian right has been bamboozled much as the libertarian left has been bamboozled by Stalin and Mao.
The Republican Party, then, was not a small government party in the twentieth century until Barry Goldwater ran on those views in the 1964 presidential election. The Republican Party included a minority of small business advocates (who were NOT libertarian in philosophy-- this was the group that had fought for the Sherman Ant-trust Act and the Interstate Commerce Commission in the 1880s). It included a minority of laissez faire advocates in the late 19th century, the Mugwumps, but but their laissez faire orientation had diminished by 1900, and they were too few in number to be of any importance until Goldwater, who lost by a landslide in the federal election.
The laissez-faire Republican Mugwumps of the late 19th century were not loyal to the Republican Party because the Republicans were indifferent to laissez faire and in their minds good government (civil service) principles. The laissez-faire Democrats in the late 19th century were known as the Bourbon Democrats, and included President Grover Cleveland. But these groups were small even in the 19th century (certainly less than 5 percent of the electorate). Laissez faire was not the philosophy of late nineteenth century Americans, many of whom were immigrants who benefitted from political machines in the cities and had no understanding of the economics of Smith or the opinions of EL Godkin. Thus, it is impossible that laissez-faire conservatives reflected even a small fraction of the Republican Party by the 1930s, when Roosevelt was elected.
Those conservatives who saw themselves adversely affected by the Franklin Roosevelt policies (at least in the public relations sphere) reaped what they had sown. They had not funded opposition to Progressivism in the early twentieth century, and there was no intellectual foundation to fight the New Deal in the 1930s.
Thus, while the founder of the modern Republicans was the Progressive Theodore Roosevelt and his protege (and more conservative but still rather statist) William H. Taft, the founder of the modern Democrats was the social Democrat Franklin D. Roosevelt, who adopted many of the ideas of Herbert Croly with respect to legislation.
Thus, the debate of the twentieth century has been largely among progressive Republicans, who follow the Taft position, and the progressive Democrats, who follow the Roosevelt position. Both are descendents of Theodore Roosevelt, who may be viewed as the founder of twentieth century ideological debate.
John Lukacs has argued that the dominant ideology of the twentieth century was national socialism. Stalin advocated "socialism in one country" as did Mao, while Hitler coined the term Nazi-Sozi. Progressivism is the American strain of the national socialist movement, and most Americans believe in it. The twenty or thirty percent of Americans who do not must clarify a few points among themselves.
1. The difference between national socialist Americans and those who believe in "none of the above" is that "none-of-the-above" Americans believe in a limited state. That should be the glue that binds them. Other issues distract from the need to restrain state power, which is the chief threat to freedom, progress and economic gain. These are difficult to withstand, because nationalism is a highly emotional cause.
2. Many of the supposed arguments between conservatives and the left are spurious. They are instituted by statists on both left and right. Both the statist left, in its radical as well as liberal forms, and the right, in its converstive talk-show form, are progressive, national socialist movements, even though the right claims to be for small government (but of course belies those claims when elected). Those who would change in the direction of less government have to change habits of thought. That means asking what others who believe in reductions in state power are least likely to believe and avoiding emphasis on those issues for political purposes.
3. Advocates of "none of the above" ought to think of ways to include each other, not to exclude each other because of shibboleths, code words, racial divides, or side issues that serve only to distract.
4. It is a mistake for libertarians to believe that big business Republicans and neo-conservatives are on their side. There is no alliance between those who do not believe in left or right wing national socialism and libertarians, small scale liberals and those who oppose the extension of state power and favor economic development. The conservative right is and always has been as statist as the radical left. The libertarian right has been bamboozled much as the libertarian left has been bamboozled by Stalin and Mao.
Thursday, November 1, 2007
Professor David Arnow and Collegiality in the Professional Staff Congress

The Emerson Inn and Spa is more collegial than the Professional Staff Congress.
My wife and I having just returned from a lovely dinner with my in laws, who are visiting us and staying at the Emerson Inn and Spa in Mount Pleasant, New York, received an e-mail fromProfessor David Arnow, whom I do not know and I have never previously contacted. Professor Arnow wrote:
>"You bloggeth:
>"> Dear President Bowen: I am working on a blog about the O'Malley v. Karkhanis law suit. I was wondering if you would care to comment on it. In particular, what is the role of "collegiality" in O'Malley's decision to sue; and do you believe that law suits are an integral part of collegiality?"
>"My first question for you is: Have you stopped molesting small children yet?
>"And my second question is: Supposed I posed this question everywhere. Would you sue? Or would you take it in the collegial, satirical sense that it was perhaps intended?"
I had not heard of Arnow before, but have since done a web search and learned that he is my colleague at Brooklyn College.
A number of years ago, my ex-wife, Enid Wolfe Langbert, who is an attorney who has been involved in commercial litigation and published a book entitled "The Bill of Rights--the Right to a Fair Trial", was thinking of writing a book that she thought of calling "The Bleak House Syndrome". The idea of the bleak house syndrome is similar to Pareto's law, i.e., 20 percent of inputs are responsible for 80 percent of outputs. The bleak house syndrome is that two percent of the population is responsible for ninety percent of the litigation and that a certain psychological pattern is associated with litigation. Subsequently, I studied a bit about the economics of litigation in graduate school and learned that rational players do not litigate unless the benefits of litigation outweigh the sum of the two sides' trial costs since it makes more sense to settle a dispute otherwise.
Moreover, transactions costs are relevant. One management aim is to reduce the costs of doing business. Managers aim to reduce the costs of transactions such as attorney costs as far as possible. Ouchi, in his book Theory Z, has argued that high-trust personnel systems, which the Japanese firms exemplified in the 1980s, are more cost effective than bureaucratic or regulated ones.
Collegiality has a similar justification. Academics argue that they are best qualified to evaluate each other and so can do so more efficiently than outsiders. Part of this argument must hinge on academics' ability to resolve disputes without intervention from outsiders. If outsiders and the court system are best able to resolve disputes among academics, then the system of collegiality need not exist. Indeed, there are far cheaper methods available for dispute resolution even in bureaucratic firms. These include mediation, arbitration, interpersonal skills training and supervision. Hence, academics' resort to litigation suggests that collegial processes have failed. Susan O'Malley's law suit is an excellent argument for the Academic Bill of Rights.
I responded to Professor Arnow simply as follows:
"Tell me, Dave. Do you think that suing is the collegial course?"
Professor Arnow responded as follows:
>"Defenders of Karkhanis just don't have the moral high ground to invoke 'collegiality'.
>"As for law suits: for all its faults, the U.S. system of law towers over that of any other country I know. Law suits that redress wrongs are part of that system. If there really is a wrong, it ought to be redressed, shouldn't it? How would you right a wrong? Fisticuffs?
>"I don't know the details of Libel law, but I know that it is happily fairly limited, compared say to the U.K., and so the absurd lies you spin for the Sun are protected-- as they should be. Still, repeated false public accusations of specific criminal acts might satisfy the definition of libel. Your buddy may have crossed the line. Not to worry, I'm sure that the people you and he work for have very deep pockets.
>"Now, answer the questions that I posed below. Don't try to wriggle out of them:
>>" My first question for you is: Have you stopped molesting small children yet?
>>
>>" And my second question is: Supposed I posed this question everywhere. Would you sue? Or would you take it in the collegial, satirical sense that it was perhaps intended?"
My obvious answer is no, unless there is some significant economic reason for me to sue. I do not suffer from the "bleak house syndrome". However, if I am financially damaged, then a law suit would be logical. Very few private firms see employees sue each other. An employee who sues a fellow employee would be viewed as odd in most firms, and would certainly damage their career. Employees in private industry have sufficient interpersonal skills to resolve workplace disputes without costly litigation. This seems not to be the case with the associates of the Professional Staff Congress.
Professor Arnow feels that anyone who is associated with Sharad Karkhanis doesn't "have the moral high ground to invoke 'collegiality'". This suggests to me defamation of Professor Karkhanis's reputation.
I have always puzzled over the claims of academics (with reference to KC Johnson, for example) that "collegiality", defined as interpersonal skills, ought to be a criterion for personnel and tenure decisions. Arnow's e-mail suggests that some senior professors at Brooklyn College lack these, so requiring them for tenure in special cases is at best tenuous and certainly hypocritical.
Arnow goes on to make the less-than-collegial claim that my comments to the Sun yesterday are "absurd lies" that I "spin for the Sun".
He also makes the rather odd statement "I'm sure that the people you and he (Karkhanis) work for have very deep pockets." This statement is especially odd because Karkhanis, Arnow and I work(ed) for the City University of New York, the same employer. Is Arnow suggesting that Brooklyn College will finance Karkhanis's lawsuit? I am having trouble with this. Does Arnow believe I'm paid by one of George Soros's institutes?
My response to Arnow was as follows:
> "I'm going to put your e-mail on my blog. (1) Who are you? (2) What is the moral high ground to which you're referring? Do you have an ethical model or standard? If so, please clarify.
>"(3) Your belief that engaging in litigation as part of the collegial process is based on what definition of collegiality? Please define collegiality.
>"(4)Any concept of collegiality would involve methods of resolving conflicts. For instance, if you know about labor relations you know that arbitration has been favored by the United States Supreme Court over civil litigation in the context of labor disputes. In recent years, even more flexible approaches of resolving conflicts, such as living agreements, have been part of labor relations in some plants. The concept of collegiality involves shared governance. Such a definition would imply dispute resolution methods that are less formal than arbitration and are based on trust and shared values, i;.e., are more like living agreements. Are you claiming that civil litigation is included in the definition of collegiality? If so, do you think than an intensified degree of government regulation might be valuable to reduce conflict costs? Litigation is among the most costly methods of dispute resolution. Less expensive ones would include face to face meetings, mediation, arbitration, collective bargaining, grievances and the like.
>"If collegiality is so inflexible and inept as to require the legal system as a preferred dispute resolution method, should government look for lower cost dispute resolution methods than litigation, as it has done in the labor context, to regulate academics? In that case, you seem to be suggesting that the Academic Bill of Rights would be a wise improvement over current academic collegial processes, which are high cost. Please do tell. Are you arguing for the Academic Bill of Rights?"
David Arnow's collegial response to me was:
>"You can put my email anywhere you like, but the gibberish above) again evades my questions about whether you've stopped molesting small children and I am not going to waste any more time writing to you. I'm adding you to my spam filter."
Yes, the Professional Staff Congress is collegial. Collegial indeed.
Wednesday, May 23, 2007
ABOR Bill Referred to Higher Ed Committee in Albany
When Phil Orenstein and I met with aides to several state senators last summer I did not expect to see an actual bill proposed in the State Senate this legislative session. The following bill, S. 6336, has been proposed by Senators DeFRANCISCO, GOLDEN, JOHNSON, LARKIN, MALTESE, MEIER, MORAHAN, PADAVAN, TRUNZO, and WINNER. It is an important step for academic freedom in New York and in the nation. If the New York State Senate can propose ABOR, the rest of the country definitely can pass it.
Introduced by Sens. DeFRANCISCO, GOLDEN, JOHNSON, LARKIN,
MALTESE,
MEIER, MORAHAN, PADAVAN, TRUNZO -- read twice and ordered
printed, and
when printed to be committed to the Committee on Higher Education
AN ACT to amend the education law, in relation to creating an
academic
bill of rights
The People of the State of New York, represented in Senate and
Assem-
bly, do enact as follows:
1 Section 1. The education law is amended by adding a new section
224-b
2 to read as follows:
3 § 224-b. Academic bill of rights. 1. A student enrolled in an
institu-
4 tion of higher education has the right to expect:
5 a. A learning environment in which the student has access to a
broad
6 range of serious scholarly opinion pertaining to the subjects
the
7 student studies in which, in the humanities, the social sciences
and the
8 arts, the fostering of a plurality of serious scholarly
methodologies
9 and perspectives has a significant institutional purpose;
10 b. To be graded solely on the basis of the student's reasoned
answers
11 and appropriate knowledge of the subjects the student studies and
to not
12 be discriminated against on the basis of the student's
political or
13 religious beliefs;
14 c. That the student's academic freedom and the quality of
education
15 will not be infringed upon by instructors who persistently
introduce
16 controversial matter into the classroom or coursework that
has no
17 relation to the subject of study and that serves no legitimate
pedagog-
18 ical purpose;
19 d. That the freedom of speech, freedom of expression,
freedom of
20 assembly and freedom of conscience of students and student
organizations
21 are not infringed upon by administrators, student government
organiza-
22 tions or institutional policies, rules or procedures; and
23 e. That the student's academic institution distributes student
fee
24 funds on a viewpoint-neutral basis and maintains a posture of
neutrality
25 with respect to substantive political and religious
disagreements,
26 differences and opinions.
EXPLANATION--Matter in italics (underscored) is new; matter in
brackets
[ ] is old law to be omitted.
LBD13937-01-5
S. 6336 2
1 2. A faculty member or instructor at an institution of higher
educa-
2 tion has the right to expect:
3 a. Academic freedom in the classroom in discussing subjects
while
4 making the students aware of serious scholarly viewpoints other
than
5 that of the faculty member or instructor and encouraging
intellectual
6 honesty, civil debate and the critical analysis of ideas in the
pursuit
7 of knowledge and truth;
8 b. To be hired, fired, promoted, denied promotion, granted
tenure or
9 denied tenure on the basis of competence and appropriate
knowledge in
10 the field of expertise of the faculty member or instructor and
not on
11 the basis of political or religious beliefs; and
12 c. To not be excluded from tenure, search and hiring committees
on the
13 basis of political or religious beliefs.
14 3. An institution of higher education shall fully inform
students,
15 faculty and instructors of the rights under this section and
of the
16 institution's grievance procedures for violations of academic
freedom by
17 notices prominently displayed in course catalogs or student
handbooks
18 and on the institutional publicly accessible site on the Internet.
19 4. The governing board of an institution of higher education
shall
20 develop institutional guidelines and policies to protect the
academic
21 freedom and the rights of students and faculty under this
section and
22 shall adopt a grievance procedure by which a student or faculty
member
23 may seek redress of grievance for an alleged violation of a right
speci-
24 fied in this section. A governing board under this subdivision
shall
25 publicize the grievance procedure developed pursuant to this
subdivision
26 to the students and faculty on every campus that is under the
control
27 and direction of the governing board.
28 § 2. This act shall take effect immediately.
NEW YORK STATE SENATE
INTRODUCER'S MEMORANDUM IN SUPPORT
submitted in accordance with Senate Rule VI. Sec 1
BILL NUMBER: S6336
SPONSOR: DEFRANCISCO
TITLE OF BILL:
An act to amend the education law, in relation to creating an academic
bill of rights
PURPOSE:
To ensure that students enrolled in institutions of higher education
receive exposure to a wide range of scholarly viewpoints, and to recog-
nize the academic rights of faculty members.
SUMMARY OF PROVISIONS:
Section 224-b (1) -- Outlines what a student enrolled at a higher educa-
tional institution can expect. Included in this portion of the bill are
provisions stating that a student can expect to be graded solely on the
basis of his/her work, student fee money should be distributed in a fair
manner, and a student's freedom of conscience shall not be infringed
upon by administrators or student government organizations.
Section 224-b (2) -- Outlines what a faculty member has a right to
expect. Included in this portion is a provision requiring that faculty
be hired, fired, or promoted on the merits of their work and not on
their political or religious beliefs.
Section 224-b (3) -- Higher education institutions are required to
inform students of their rights and of the institution's grievance
procedures for violations of academic freedom.
Section 224-b (4) -- The governing board of a higher education institu-
tion is required to develop and publicize a grievance procedure for
violations of academic freedom.
JUSTIFICATION:
Every institution of higher learning has a duty to promote intellectual
diversity on campus. Too often, students find many college classes
biased or one-sided. The ideas of all students and faculty members
should be treated with respect, and all ideas deserve to be represented
on campus.
Professors and administrators have an obligation to make students aware
of a broad range of viewpoints and perspectives. They are not hired to
teach only students who share their political or philosophical views,
and professors should never force their own views upon their students.
The classroom is not and should never be a soapbox for a professor to
promote his or her point of view.
The Academic Bill of Rights has been introduced as legislation in a
number of state legislatures, and a few states have already adopted a
form of the Academic Bill of Rights. In one of the most recent examples,
the Pennsylvania State House of Representatives -- in July 2005 --
passed a resolution supporting the principles of the Academic Bill of
Rights.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
LOCAL FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.
Introduced by Sens. DeFRANCISCO, GOLDEN, JOHNSON, LARKIN,
MALTESE,
MEIER, MORAHAN, PADAVAN, TRUNZO -- read twice and ordered
printed, and
when printed to be committed to the Committee on Higher Education
AN ACT to amend the education law, in relation to creating an
academic
bill of rights
The People of the State of New York, represented in Senate and
Assem-
bly, do enact as follows:
1 Section 1. The education law is amended by adding a new section
224-b
2 to read as follows:
3 § 224-b. Academic bill of rights. 1. A student enrolled in an
institu-
4 tion of higher education has the right to expect:
5 a. A learning environment in which the student has access to a
broad
6 range of serious scholarly opinion pertaining to the subjects
the
7 student studies in which, in the humanities, the social sciences
and the
8 arts, the fostering of a plurality of serious scholarly
methodologies
9 and perspectives has a significant institutional purpose;
10 b. To be graded solely on the basis of the student's reasoned
answers
11 and appropriate knowledge of the subjects the student studies and
to not
12 be discriminated against on the basis of the student's
political or
13 religious beliefs;
14 c. That the student's academic freedom and the quality of
education
15 will not be infringed upon by instructors who persistently
introduce
16 controversial matter into the classroom or coursework that
has no
17 relation to the subject of study and that serves no legitimate
pedagog-
18 ical purpose;
19 d. That the freedom of speech, freedom of expression,
freedom of
20 assembly and freedom of conscience of students and student
organizations
21 are not infringed upon by administrators, student government
organiza-
22 tions or institutional policies, rules or procedures; and
23 e. That the student's academic institution distributes student
fee
24 funds on a viewpoint-neutral basis and maintains a posture of
neutrality
25 with respect to substantive political and religious
disagreements,
26 differences and opinions.
EXPLANATION--Matter in italics (underscored) is new; matter in
brackets
[ ] is old law to be omitted.
LBD13937-01-5
S. 6336 2
1 2. A faculty member or instructor at an institution of higher
educa-
2 tion has the right to expect:
3 a. Academic freedom in the classroom in discussing subjects
while
4 making the students aware of serious scholarly viewpoints other
than
5 that of the faculty member or instructor and encouraging
intellectual
6 honesty, civil debate and the critical analysis of ideas in the
pursuit
7 of knowledge and truth;
8 b. To be hired, fired, promoted, denied promotion, granted
tenure or
9 denied tenure on the basis of competence and appropriate
knowledge in
10 the field of expertise of the faculty member or instructor and
not on
11 the basis of political or religious beliefs; and
12 c. To not be excluded from tenure, search and hiring committees
on the
13 basis of political or religious beliefs.
14 3. An institution of higher education shall fully inform
students,
15 faculty and instructors of the rights under this section and
of the
16 institution's grievance procedures for violations of academic
freedom by
17 notices prominently displayed in course catalogs or student
handbooks
18 and on the institutional publicly accessible site on the Internet.
19 4. The governing board of an institution of higher education
shall
20 develop institutional guidelines and policies to protect the
academic
21 freedom and the rights of students and faculty under this
section and
22 shall adopt a grievance procedure by which a student or faculty
member
23 may seek redress of grievance for an alleged violation of a right
speci-
24 fied in this section. A governing board under this subdivision
shall
25 publicize the grievance procedure developed pursuant to this
subdivision
26 to the students and faculty on every campus that is under the
control
27 and direction of the governing board.
28 § 2. This act shall take effect immediately.
NEW YORK STATE SENATE
INTRODUCER'S MEMORANDUM IN SUPPORT
submitted in accordance with Senate Rule VI. Sec 1
BILL NUMBER: S6336
SPONSOR: DEFRANCISCO
TITLE OF BILL:
An act to amend the education law, in relation to creating an academic
bill of rights
PURPOSE:
To ensure that students enrolled in institutions of higher education
receive exposure to a wide range of scholarly viewpoints, and to recog-
nize the academic rights of faculty members.
SUMMARY OF PROVISIONS:
Section 224-b (1) -- Outlines what a student enrolled at a higher educa-
tional institution can expect. Included in this portion of the bill are
provisions stating that a student can expect to be graded solely on the
basis of his/her work, student fee money should be distributed in a fair
manner, and a student's freedom of conscience shall not be infringed
upon by administrators or student government organizations.
Section 224-b (2) -- Outlines what a faculty member has a right to
expect. Included in this portion is a provision requiring that faculty
be hired, fired, or promoted on the merits of their work and not on
their political or religious beliefs.
Section 224-b (3) -- Higher education institutions are required to
inform students of their rights and of the institution's grievance
procedures for violations of academic freedom.
Section 224-b (4) -- The governing board of a higher education institu-
tion is required to develop and publicize a grievance procedure for
violations of academic freedom.
JUSTIFICATION:
Every institution of higher learning has a duty to promote intellectual
diversity on campus. Too often, students find many college classes
biased or one-sided. The ideas of all students and faculty members
should be treated with respect, and all ideas deserve to be represented
on campus.
Professors and administrators have an obligation to make students aware
of a broad range of viewpoints and perspectives. They are not hired to
teach only students who share their political or philosophical views,
and professors should never force their own views upon their students.
The classroom is not and should never be a soapbox for a professor to
promote his or her point of view.
The Academic Bill of Rights has been introduced as legislation in a
number of state legislatures, and a few states have already adopted a
form of the Academic Bill of Rights. In one of the most recent examples,
the Pennsylvania State House of Representatives -- in July 2005 --
passed a resolution supporting the principles of the Academic Bill of
Rights.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
LOCAL FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.
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