UNC Chapel Hill. (Photo: Clayton Henkel/NCNewsline)
The UNC University System Board of Governors approved a new policy for Academic Freedom and Tenure at their meeting on February 26. Its purpose states that:
The University of North Carolina System is dedicated to the transmission and advancement of knowledge and understanding. Academic freedom is essential to the achievement of these purposes.
The University therefore supports and encourages freedom of inquiry for faculty members and students, to the end that they may responsibly pursue these goals through teaching, learning, research, discussion, and publication, free from internal or external restraints that would unreasonably restrict their academic endeavors.
However, the approved policy also added new definitions about what academic freedom does not include:
a. Teaching content that lacks pedagogical connection to the course, discipline, or subject matter.
b. Using university resources for political activity in violation of university policy.
c. Refusing to comply with institutional policies to which the university is subject.
These three proscribed faculty actions are so broad and sweeping that anything we do could be a violation, leading to university actions to revoke tenure and dismiss any professor.
First, proving or disproving every “pedagogical connection” to a specific discipline will be impossible. We all work across a broad range of interdisciplinary subjects in teaching and research and draw from a host of disciplines and current events in our teaching. A large share of our teaching and research could be accused of “lacking connection.” In fact, research is supposed to perceive and investigate unknown connections to advance society; teaching and outreach are supposed to foster critical thinking and acceptance of useful new innovations for practice.
Second, using university resources for political activity, such as campaigning, is unlikely. But most subjects such as history, sustainable development, environmental science, engineering, and business are inextricably linked to politics. All our state and national economy and policies are influenced by political processes, for the public and private sectors. If we mention political influences, can we be rebuked or fired?
Third, refusing to comply with institutional policies is an open offer for vague tenure violations. Any disagreement about the UNC System’s policies, rules, regulations or procedures could be called a violation of the tenure policy. Quite possibly, this could include something as simple as using common words like pollution, climate change, or DEI.
Imagine teaching history without discussing politics, social values, and wars. Nothing much would be left.
Climate change is one of the most accepted and pervasive cross-cutting themes that a large amount of scientific research examines, and classes cover. Yet it has been scorned as a hoax, and received substantial reduction in federal funding.
Supporting DEI has been used as a basis to fire several nontenured staff in the UNC System already. However, just two weeks ago, a U.S. District Court ruled that such U.S. Department of Education bans of DEI were unlawful and discriminatory. So in reality, faculty could be discharged, suspended, or demoted for a host of misguided policies, or even for pushing back against any number of transitory university policies.
Furthermore, these three broad tenure exceptions to academic freedom could not be implemented in any clear or consistent fashion. Faculty may be free to say pedantic stuff, but the three exceptions could easily be used arbitrarily to punish any thoughtful or outspoken faculty member engaged in any contentious university or public debate. Faculty (and teachers) are already distraught and afraid these days, which damages critical thinking and relaxed classroom environment and stifles innovation.
The character and reputation of North Carolina universities, the UNC System, and North Carolina will be irreparably damaged by the de facto elimination of tenure. Innovators and creative thinkers who inherently challenge and help improve business and policy and drive free markets will leave closed-minded North Carolina. Talented professors, students, and firms will move to creative and welcoming states when better choices are available.
The Board of Governors and our individual universities should drop this threat and reverse course in order to ensure academics, students, and citizens remain free to think critically and speak openly.
Fred Cubbage is professor of natural resource policy and economics at North Carolina State University.
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