Tag Archives: attacks on academic freedom

CAFA’s statement on: Academic freedom and peaceful protest on university grounds

Academic freedom and peaceful protest on university grounds

CAFA Statement No. 1/2024
21 May 2024

In recent months, universities in the United States, Canada, Brazil, Chile, Mexico, and Peru, among other countries in the Americas, have been the sites of widespread, intense protests, including occupation of university buildings and/or establishment of encampments on campus, over the war in Gaza. Media outlets and human rights organizations have reported cases of mass illegal/arbitrary detention, the disproportionate use of force by security officers, and arbitrary restrictions on and retaliation for student assembly and expression (including expulsions and suspensions). Further, reports of religious and ethnic violence, harassment against members of the higher-education community, including antisemitic, anti-Muslim, and anti-Arab incidents raise grave concerns.

The Coalition for Academic Freedom in the Americas (CAFA) documents and monitors restrictions on and attacks against academic freedom and university autonomy, and their impact on democracy, justice, and rule of law. CAFA calls on higher-education authorities and public officials to take available measures to ensure a safe space for the free and open exchange of ideas on campus. This includes the respect and protection, within the limits established by law, of the rights to academic freedom, freedom of expression, association, peaceful assembly, the right to protest and personal security on campus.

As recognized in the Inter-American Principles on Academic Freedom and University Autonomy, members of higher-education community, including students, benefit from “(…) the right to express oneself, to assemble and demonstrate peacefully in relation to the topics being researched or debated within that community in any space (…)”. In democratic societies, universities are centers to discuss ideas and situations of public interest, critically and respectfully. This principle must be respected by all stakeholders.

As stated in the Principles for Implementing the Right to Academic Freedom, members of the higher-education community “(…) have the right to engage in expression and discourse with persons and groups inside and outside the academic, research and teaching sector”. Consistent with this, the Canadian Association of University Teachers has stated that restrictions “(…) on freedom of expression and protest can only be justified with clear, objective and demonstrable evidence of danger to persons, serious violations of the law, and major disruptions to the essential operations of a university or college”.

International human rights law recognizes that the right to protest may include a temporary disturbance and inconvenience to daily life. As the Inter-American Commission on Human Rights has determined, the “(…) occupation of buildings, whether public or private, constitute a legitimate form of protest. Any restriction on these demonstrations must be exceptional, necessary, and proportional”.

Higher-education authorities must therefore refrain from taking measures which inappropriately limit peaceful expression on campus or threaten to sanction students or other members of the higher-education community for exercising their rights to free expression, assembly, and academic freedom. On the contrary, higher-education institutions should take all available measures to foster, protect, and model healthy, public debate.

The heated debates surrounding the war in Gaza demand a renewed commitment, by all stakeholders, to the values at the heart of a healthy university. We call on the states and on higher-education authorities to protect and promote academic freedom and institutional autonomy across the Americas, including taking available measures to ensure the rights of free expression and assembly on campus, and in all events, by refraining from engaging in undue restrictions on these rights. We likewise call on all stakeholders – including higher education authorities, public officials, students, educators, and members of the public – to ensure that campuses are spaces of learning, respect, and open debate, free from violence and intimidation, hate speech, harassment, and discrimination, including antisemitism, anti-Muslim and anti-Arab hate.

Download the CAFA Statement on academic freedom and peaceful protest on university grounds (PDF)

Faculty members at South Asian University suspended for supporting student rights.

Four faculty members at South Asian University (New Delhi, India) have been suspended pending investigation for asking the university not to call police inside the campus while student protests were going on and to resolve matters amicably.

Faculty also asked administration to withdraw punishment meted to students because due process of rules and regulations were not followed. Ravi Kumar, one of the suspended professors said, “This is unprecedented in the academic history where four faculty members have been suspended for suggesting measures in a constructive spirit.”

Brief chronology of incidents at South Asian University (SAU), New Delhi

On October 14, 2022, faculty members wrote to the university administration against the act of calling police into the campus to disperse protesting students and to resolve internal issues.

On November 4, 2022, the university administration issued office orders announcing expulsion, rustication or suspension of 5 students. On November 5, 2022, several faculty members wrote an email to the university community expressing their deep concern regarding these arbitrary actions of the university administration that were taken without following any due process and in gross violation of rules, regulations, and bye-laws, and were in contravention of principles of natural justice.

Students began a mass indefinite hunger strike from November 7, 2022. Quite a few students had to be admitted to hospital on emergency basis to revive their physical condition. One of the five students who were expelled/rusticated/suspended, Ammar Ahmad (MA Sociology, Ist semester), collapsed on the night of November 22, 2022 and had to be admitted to the Intensive Care Unit (ICU) of a hospital. Till date Ammar’s speech remains severely affected, he cannot walk on his own, and remains fully dependent on care-givers for his daily functioning.

On December 30, 2022, five faculty members received notices from the university administration asking them to respond to several charges, including: writing letters to the university community regarding certain administrative decisions in relation to the student protests (as noted above in points 1 and 2 above). The faculty members include: Dr. Snehashish Bhattacharya (Faculty of Economics), Dr. Srinivas Burra (Faculty of Legal Studies), Irfanullah Farooqi (Department of Sociology, Faculty of Social Sciences), and Dr. Ravi Kumar (Department of Sociology, Faculty of Social Sciences). These faculty members individually responded to the notice on January 16, 2023.

The four faculty members were called to appear before a Fact Finding Committee (FFC) on Friday, May 19, 2023 for an interaction. During the interaction, the faculty members were asked to provide answers to between 132 and 246 questions in writing by the end of the working day, using pen and paper and sitting in front of the committee members. They were told that their responses might be used as evidence to decide on further proceedings against them. The questions included fresh (though unsubstantiated) allegations and accusations that were not part of the communication from the administration dated December 30, 2022, or the responses submitted on January 16, 2023.

The four faculty members submitted a written request to the committee to send the questions electronically and to provide more time too. They also wrote to the Acting President on May 25, 2023, regarding this issue and seeking appointment. However, they have not heard back from the committee or from the Acting President yet in this regard.

On June 16, 2023, office orders were issued placing the four faculty members under suspension with immediate effect, stating that “there are allegations of misconduct” and violation of the code of conduct of the University, “which need to be investigated.” The faculty members have been directed not to leave station without permission, vacate their offices, return their office computers and identity cards, and register their attendance on all working days in the offices of their respective deans.

The faculty members responded to the Acting President in writing on June 19, 2023, terming the actions patently illegal as they have been taken in contravention of the rules and regulations of the university. They have called upon him to withdraw the orders at the earliest.

Action requested

The suspension of the faculty members should be revoked as it is a violation of the university rules, regulations and byelaws. The faculty members have been only requesting that the university to resolve matters within university and amicably.

*****

Jawaharlal Nehru University Teachers Association
New Delhi-110067

JNUTA Statement on arbitrary suspension of four faculty at South Asian University

The JNUTA strongly condemns the arbitrary suspension of four faculty by the South Asian University administration. The JNUTA sees this act as unacceptable, unjust, and an attempt to intimidate and spread fear among the teaching community.

The suspension notice issued to the faculty by the SAU administration on 16.06.2023 came after a spate of humiliation of the four faculty members by the Fact Finding Committee that on May 19, 2023, asked them to provide handwritten answers to over a hundred questions sitting in front of the committee members. The faculty raised objections to this process and wrote to the FFC and the SAU administration, but they received no reply. On the contrary, they were served with suspension orders that justified it by accusing the faculty of ‘inciting and leading students and outsiders’, and ‘anti-social acts’, among other things; without following due process of investigation. This illegal and unacceptable suspension notice has directed them not to leave the station without permission, vacate their offices, return their office computers and identity cards, and register their attendance on all working days in the offices of their respective deans.

The JNUTA strongly condemns this unprecedented harassment, coercion, and intimidation of the SAU faculty by the administration. There are several news reports that the University served notices and expelled/suspended/rusticated several students protesting against the reduction of monthly stipends without following the due process. Several faculty in SAU have also raised their concerns regarding the arbitrary actions of the university administration against the students. These notices of expulsion and rustication have put the students under tremendous stress, both mentally and physically.

The suspension order served to four faculty members by the SAU administration is an attempt to intimidate and silence the faculty and the students who raise their voice against the arbitrary and authoritarian actions of the administration. The JNUTA stands in complete solidarity with the faculty of SAU in defending their rights to speak truth to power. It also stands in support of the students of the SAU who have been protesting against the gross act of injustice of the SAU administration. The JNUTA demands that the suspension orders of SAU faculty and rustication/expulsion order of SAU students be immediately revoked and the administration start a dialogue to discuss the demands for an agreeable resolution at the earliest.

Sd/-

D K Lobiyal Avinash Kumar

President, JNUTA Secretary, JNUTA

*****

Janhastakshep: a campaign against fascist designs
Press release
24 June, 2023

Contact: drvikasbajpai@gmail.com; (M): 9717820427

Subject: Suspension of four faculty members at South Asian University, an extension of the continuing attacks on institutions of higher learning.

Janhastakshep unequivocally condemns the suspension of four faculty members – Dr Snehashish Bhattacharya (Faculty of Economics), Dr Srinivas Burra (Faculty of Legal Studies), Dr Irfanullah Farooqi (Department of Sociology) and Dr Ravi Kumar, also of the department of Sociology, at New Delhi’s South Asian University by the university administration and demands unconditional revocation of the suspension orders of all suspended faculty members with immediate effect.

The events leading up to the suspension, the manner of suspension and the subsequent conduct of the ‘Fact Finding Committee’ constituted by the university to conduct a sort of inquiry against the suspended faculty members reek of utterly cavalier attitude calculated to please the powers that be in the political circumstances obtaining in the country as of date.

The present suspension of faculty members is rooted in the events related to the agitation by the university’s students in November last on their legitimate democratic demands impacting on their immediate wellbeing. That agitation was handled with a heavy hand by the university authorities resulting in rustication and expulsion of the students. It led to serious consequences to the health of one student Ammar Ahmad and later to another Phd scholar Apoorva in the Faculty of Legal Studies.

The suspended faculty members were first handed notices on 30 December 2022 on charges such as – writing letters to university community questioning certain administrative decisions in relation to the student protests; instigating students to protest and association with a “Marxist” study circle among other allegations. In levelling these charges against the faculty, those sitting in top administrative positions at the University have exhibited regrettable lack of comprehension of a university’s function, the nature of the learning / teaching process and the responsibilities of the students, teachers and administration at institutions of higher learning towards each other.

No education, let alone new knowledge generation can be transacted if the students are not supported by their teachers and the administration in availing of amenities, including financial support, that facilitate their endeavors in this direction. A teacher and more so the administration shall be failing in their duty if such support and understanding were to be substituted with a ‘coercive disciplinary’ approach which unfortunately has been the dominant trend forced upon all manner of publicly funded institutions of higher learning in the country in last 9 years. It is nothing but a poor parody that the suspended faculty members have been accused of associating / encouraging a ‘Marxist Study Circle’ in a university space that is supposed to lend itself to a free contestation of ideas. This certainly sits at odds with the eulogy of ‘Indian Democracy’ proffered by Prime Minister Narendra Modi in Washington D C.

Even as Janhastakshep calls upon the different bodies of academicians and intellectuals at large to support the faculty and students of SAU in this hour of need, we also appeal that this suspension of faculty members should be seen as part of the larger thrust by the Modi led government to further curb the space for ideas which militate for Democratization of society, challenge authoritarianism, uphold economic and social justice. These suspensions are part of the efforts to terrorize and stultify the intelligentsia into submission.

Apart from revoking the suspension of the faculty members and continuing rustication of the students, the bunch of ‘Actors’ (Acting President, Acting Vice-President and Acting Registrar) complicit in ‘over-acting’, who are presently ruling the roost at SAU should be replaced with academics of repute and integrity capable of steering the university towards achieving its cherished goals.

– sd –

(Dr Vikas Bajpai) (Anil Dubey)

Convener Co-convener

Prof JNU Senior journalist

*****

Links to some of the press coverage:

Anger over suspension of faculty following student protests

SAU: Teachers Suspended Allegdly for Demanding Resolution of Student-Admin Deadlock

Suspended SAU professors say order ‘illegal’; ponder moving court

4 SAARC university professors suspended for ‘misconduct’, accused of ‘inciting student protest’

South Asian University Suspends Four Faculty Members for ‘Supporting’ Students’ Agitation

Revoke action on SAU professors: Central Universities Teachers Association

South Asian University suspends four teachers for ‘inciting’ students’ stir

Four SAU faculty members suspended; interceded on students’ behalf, they say

Teacher associations urge South Asian University to revoke suspension of four teachers

South Asian University Suspends Four Teachers for ‘Misconduct’, Accused of ‘Inciting Student Protest’

4 South Asian University professors suspended, accused of ‘inciting student protest’

‘No Valid Reason…’: Suspended Over ‘Misconduct’, South Asian University Faculty Member Says Will Move Court

How not to run a university (Part 2): Intimidation, bullying & harassment at UBC

What should a university do when the chair of its board of governors uses intimidation tactics in an attempt to bully and harass a faculty member who critically analyzes university decisions?

This is the question facing the University of British Columbia today following Professor Jennifer Berdahl‘s revelations in a blog posted last night.

Following the announcement of Arvind Gupta’s sudden and mysterious departure as president of UBC, Berdahl suggested that perhaps Gupta had “lost the masculinity contest among the leadership at UBC, as most women and minorities do at institutions dominated by white men.”

I was initially skeptical of Berdahl’s speculation, but it seems that UBC Board of Governors Chair John Montalbano is hell bent on proving her right.

Berdahl’s blog describes attempts by Montalbano and the administration of the UBC Sauder School of Business — where Berdahl is (ironically) the Montalbano Professor of Leadership Studies: Gender and Diversity — to intimidate and bully her over the issues she raised in her initial blog post.

According to Berdahl, Montalbano phoned her to say that her blog post

was “incredibly hurtful, inaccurate, and greatly unfair to the Board” and “greatly and grossly embarrassing to the Board.” He said I had made him “look like a hypocrite.” He said my post would cause others to question my academic credibility. He repeatedly mentioned having conversations with my Dean about it. He also repeatedly brought up RBC, which funds my outreach activities, to say that people there were on “damage control” should the media pick up on this.

Then the Sauder School managers and bureaucrats started their harassment campaign.

They proceeded to tell me that my blog post had done serious reputational damage to Sauder and to UBC, and that I had deeply upset one of the most powerful donors to the School who also happened to be the Chair of the Board of Governors. They said they had heard he was even more upset after talking to me on the phone that day.

Berdahl was summoned to the Sauder dean’s office, but the meeting was canceled when she said she’d be there with representation.

This might seem small potatoes to folks outside academe, but assuming her account is accurate (and there is absolutely no reason to doubt it), this is a direct attack on academic freedom by the chair of the university board of governors.

Montalbano’s actions along with those of Sauder School managers at the very least creates a chilling climate for professors, staff, and students.

Berdahl’s description captures it perfectly when she writes:

When I imagine being an assistant professor at this university, or anyone without the protection of tenure, this experience becomes unspeakable. I would be terrified, not angry. I would have retracted my post, or not have written it at all. I would avoid studying and speaking on controversial topics.

Imagine a university of scholars so silenced, and the implications for the world we live in.

Not only has Montalbano engaged in a crass attempt to silence a university professor speaking out in her area of expertise, his actions are in violation of the UBC Board of Governors Policy 3 on Discrimination and Harassment, which states:

The University of British Columbia has responsibility for and is committed to providing its students, staff and faculty with an environment dedicated to excellence, equity and mutual respect; one that is free of Discrimination and Harassment; and one in which the ability to freely work, live, examine, question, teach, learn, comment and criticize is protected. Academic Freedom and freedom of thought, belief, opinion and expression carries with it the expectation that all Members of the University Community will conduct themselves in a responsible manner so as not to cause, condone or participate in the Discrimination or Harassment of another person or group of persons.

UBC has gone to great lengths to publicize its respectful environment statement, which is based upon Policy 3 and the university has not hesitated to initiate investigations of faculty and staff and apply sanctions based upon these policies.

Given what we know about Montalbano and Sauder School managers’ actions in this case, there should at least be an immediate investigation. The responsible executive for Policy 3 is the Provost and Vice President – Academic, currently Angela Redish.

What should a university do when the chair of its board of governors uses intimidation tactics in an attempt to bully and harass a faculty member who critically analyzes university decisions? Well, if they are actually serious about creating a climate where academic freedom flourishes and bullying, harassment, and discrimination are discouraged then John Montalbano should choose to “return to his career in banking.”