Posted by Eugene Volokh:
Interesting University Student Freedom Case:
http://volokh.com/archives/archive_2006_11_12-2006_11_18.shtml#1163699811
May a social work professor require that students sign a letter to the
state legislature promoting equal treatment for homosexuals in foster
parenting and adoption? That's what the [1]Alliance Defense Fund
alleged recently happened at Missouri State University; eventually,
the requirement was canceled, apparently partly because of the
student's objection -- but the student's objection allegedly led to a
disciplinary hearing in which she was questioned about her religious
beliefs, and was told that her beliefs conflicted with the National
Association of Social Workers Code of Ethics that the student had been
required to sign as a condition of entering the school.
The student was then allegedly required to write a paper about "the
difference between personal and professional beliefs and how she would
'lessen the gap' between these two beliefs. In the paper, she was also
required to "state that she would not discriminate against men and
women engaged in homosexual behavior, that she would be willing to
place children in homosexual adoptive homes, and that she would abide
by the NASW Code of Ethics and the School of Social Work's SEF." This
was an obligation imposed on her but not on other students, apparently
because of her protests against the requirement of signing the letter.
A [2]Springfield News-Leader article reports that "The university's
investigation determined that the allegations made in the lawsuit were
'pretty much accurate,' [MSU President Michael] Nietzel said." Here's
what [3]Missouri State University has to say:
Missouri State University today [Nov. 8, 2006] signed an
out-of-court agreement with the Alliance Defense Fund, thus ending
the lawsuit filed against the university by Emily Brooker....
According to the terms of the settlement, Missouri State agrees to
the following:
* clear Brooker�s official record of the Social Work Level 3 review
referenced in the complaint.
* pay Brooker an amount of $9,000 and she will be responsible for
her own legal fees.
* waive academic fees at Missouri State University, or in lieu
thereof, reimburse an amount equal to two years of degree work
toward a Master of Social Work degree (or a graduate degree of
equivalent length) at any public institution in the state, which is
estimated at approximately $12,000, plus Brooker will receive
$3,000 per year in living expense for two years of graduate
education.
�We acted on these allegations as soon as we became aware of them
the afternoon of Oct. 30,� said Missouri State President Michael T.
Nietzel. �Although our investigation did not support all of the
allegations made in the lawsuit, we were concerned about some of
the actions that we did learn about.�
In addition to the terms of the lawsuit, Nietzel also announced
that based on the university�s investigation, he believed it was
important for the university to take a number of other steps that
addressed broader issues. They include the following:
* Nietzel will commission a comprehensive, professionally directed
evaluation of the Missouri State Social Work Program. He has asked
Provost Belinda McCarthy to identify an outside group of social
work education experts who will be charged with this review. �It is
important for current and prospective students, for potential
employers, and for the faculty and staff in the program to have
confidence that the policies, procedures, leadership, and delivery
of the program are up to par,� said Nietzel. �The reviewers will
have the complete cooperation of the university as they conduct
their assessment. We will begin to recruit this external team
immediately with the hope that they can visit us and conduct the
review in the spring 2007 semester.�
* Dr. Frank G. Kauffman, assistant professor of social work, has
voluntarily stepped down from his administrative duties as director
of the Master of Social Work Program. In addition, he has been
re-assigned to non-classroom duties in the School of Social Work
for the remainder of the fall semester. Finally, Kauffman has begun
weekly consultations with Associate Provost Chris Craig, which will
continue at least through the spring 2007 semester.
* Finally, Nietzel will appoint an ad hoc committee to recommend
ways in which the university can better publicize and more
effectively implement its policies regarding freedom of speech and
expression on campus. �The Declaration of Community Principles and
the Statement of Student Rights adopted by Missouri State a number
of years ago are very good and powerful statement of rights and
responsibilities,� said Nietzel. �And, we have strong and effective
grievance policies in place. We need to make sure that all members
of the campus community, especially new members, are familiar with
the Principles and the policies. When we talk about making sure
that a Missouri State education is rigorous, part of that is the
recognition that the content, theories, and implications of any
number of academic disciplines often engender vigorous debate and
can sometimes conflict with personal beliefs. How these
controversies and how the inevitable clashes of personal
convictions and values are raised and addressed are crucial
questions for a university. Ultimately, universities must be
responsible for providing an environment that promotes learning and
that permits individuals to exchange ideas in honest and civil
ways. That is our goal.�
References
1. http://www.telladf.org/UserDocs/BrookerComplaint.pdf
2. http://www.news-leader.com/apps/pbcs.dll/article?AID=2006611100331
3. http://www.news.missouristate.edu/releases/27833.htm
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