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October 2024

Part 2: What academic freedom does and does not mean

Cynthia Eaton

 

 

FA Grievance Officer Kevin McCoy

 
FA Grievance Officer Kevin McCoy, panelist on the right, shared information about the rights and responsibilities of academic freedom with participants at the Navigating Controversial Topics on Campus workshop on September 13. (photo by Cynthia Eaton)
   

The following article is part 2 of a review of the September 13 Navigating Controversial Topics on Campus workshop; if you have not yet done so please also read part 1, Considering multiple perspectives, featuring comments by President Bonahue, Vice President for Academic Affairs Rios and Suffolk County Legislator Jim Mazzarella.

Yes, there is freedom of speech granted by the First Amendment of the U.S. Constitution and, yes, we have academic freedom in Appendix B of the FA contract. However, to be absolutely clear, this does not mean that faculty have the right to say whatever they wish in their classrooms or workspaces on campus.

Appendix B cites the AAUP’s 1040 Statement of Principles on Academic Freedom and Tenure which reads in part

College and university teachers are citizens, members of a learned profession, and officers of an educational institution. When they speak or write as citizens, they should be free from institutional censorship or discipline, but their special position in the community imposes special obligations. As scholars and educational officers, they should remember that the public may judge their profession and their institution by their utterances. Hence they should at all times be accurate, should exercise appropriate restraint, should show respect for the opinions of others, and should make every effort to indicate that they are not speaking for the institution.

Rights and responsibilities

FA Grievance Officer Kevin McCoy presented the above language to the group and noted that academic freedom grants us certain rights as well as responsibilities—precisely because we are public employees.

“Because SCCC is a unit of the state government and since we accept federal funding, we need to follow their rules,” he explained. We have the right of free speech but that comes with a responsibility to not abuse that freedom. “You cannot insert conversations about politics, political candidates, etc., into your classroom conversations if you are teaching an unrelated topic,” Kevin said. Again, because we are public employees, it is critical that we stick to our curriculum and specific course learning outcomes.

Kevin knows in the current political climate, people have strong feelings and a sense of obligation about helping students become politically aware and engaged. “Of course we want to fight misinformation and work toward the truth,” he asserted, “but only if it relates directly to our work and we maintain an objective and respectful stance during conversations.”

Echoing Legislator Mazzarella’s comments, Kevin concluded, “We need to remember to engage with all constituents/students, take in all opinions and work toward consensus.”

A supportive administration

College General Counsel Ashley Pope pointed everyone’s attention to the College Brief sent by President Bonahue on August 30, which includes a helpful overview of do’s and don’ts for political activity on campus.

Do’s

Don’ts

We recognize the benefit of curricular activities aimed at educating our students with respect to the political process and how they may exercise their right to vote. Feel free to direct students to the College’s voter education webpage developed in accordance with the NYS Election Law.

Do not, in the classroom setting, exhort students to vote for or support any particular candidate or partisan political purpose.

Employees may lawfully participate in the political campaign process on their own time in their personal capacity (as private citizens).

Political activity cannot take place during work time or using College resources. Do not use College letterhead, computers, email, phones, printers, copiers, paper, etc. for partisan political purposes. Do not engage in electioneering on College time.

Promote responsible civic engagement, as well as respectful debate and discussion in the classroom and in other areas where learning and exchanges of ideas are taking place. Seek guidance from appropriate leadership and attend the professional development opportunities taking place this semester to support you in doing so.

Do not offer a benefit or reward for voting—for example, do not provide course credit or extra credit to students who show proof of voting (or impose a penalty for not voting).


“Academic freedom,” Ashley explained, “is not a license to do whatever you want; you still have to adhere to college policies and procedures.” As general counsel, she is in the position of ensuring that everyone’s rights are supported as they engage in these kinds of exchanges, which includes students, employees and the institution itself. Each situation has to be taken on a case-by-case basis because there are inevitably gray areas.

 

College General Counsel Ashley Pope

 
College General Counsel Ashley Pope (in blue jacket) assured participants that the college administration is committed to ensuring the rights of employees, students and the institution equally. (photo by Cynthia Eaton)
   

Regarding faculty concerns about the investigation process, Ashley understands that some faculty might have an impulse to avoid certain course-related topics for fear of student complaints. “But,” she adds, “we do want people to express their opinions in appropriate contexts and we are extremely committed to being impartial and helping everyone understand why policies are what they are.”

“When I’m asking you questions, it is just so we can better understand the situation and handle it appropriately. It doesn’t necessarily mean you’re in trouble. The college has an obligation to investigate all complaints. So don’t fear the process.”

The FA encourages all faculty to join the union so if you find yourself in such an investigation, we can help represent you as you go through the process. Some of our most respected FA members have told us over the years that they were grateful to have a knowledgeable FA rep by their side through the process, providing comfort even when they trusted all along that they’d be found not at fault.

Lifeblood of education

 

 
Nick Giordano, professor of political science (in green), believes it is imperative for all college employees to help students learn to look at the complexity of controversial issus and from multiple perspectives. (photo by Cynthia Eaton)
   

Nick Giordano, our one full-time political science professor at SCCC, put it bluntly, “Academic freedom is essential; it is the lifeblood of education.” Like Ashley, Nick believes it is imperative to not avoid controversial topics when they are pertinent to our course content and student learning outcomes. “We have to help students learn to think critically, learn it’s okay to disagree and learn how to disagree.” It’s about teaching them how to think, not what to think.

“We live in a world where people only seek out information that supports our own preconceived notions, so when someone introduces a different perspective, they are less likely to know how to handle that and they take offense.” Kevin McCoy agreed, adding, “Students are used to the uncivil tone often promulgated on social media, so we have to teach them how to engage in civil discourse.”

Nick believes it’s not our job to get students to think like us. “Our job,” he said, “is to get students to simply think and to look at the complexity of each issue being discussed.” Rather than shy away from topics we’re supposed to cover in class out of fear of upsetting someone, his advice is to set the tone early in the semester, be respectful of all perspectives, stick to the course learning outcomes and think before we speak.

Finally, Nick noted, “When students ask me for my personal take on an issue covered in class, my response is consistently, ‘What I think is irrelevant.’” As a political science professor, Nick knows better than most that any way he responds could be misread as engaging in political activism in the classroom, so he presses students to focus instead on what they think, after much consideration, discussion and debate.

Continue on to read part 3: Managing hot moments.