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APA
Committee for Defense of
Professional Rights of Philosophers
2003
Report
2002-2003
Annual Report, Committee for the Defense of Professional Rights of Philosophers
Submitted
by Debra Nails, Chair
The defense
committee replied informally to a number of requests for advice and
infor-mation about professional rights and academic practices, intervened
formally in two cases (a-b), and kept a close watch on several others
(c-f). Meanwhile, it examined its own policies and practices in detail.
Working with the national staff of the AAUP's Department of Academic
Freedom, Tenure, and Governance, the committee also arranged sessions
on professional rights for each of the divisional meetings of 2003-2004,
and began the reorganization of the commit-tee's files to make available
general information about complaints received by the committee since
the mid 1980s, and to enable the data to be searched without compromising
confidentiality.
Formal action on two cases was completed this year: (a) Non-reappointment
of a tenure-track philosopher. A philosopher in his third year of a
tenure-track position complained that the university president, overruling
the recommendation of the philosophy department, had declined to reappoint
him. Procedural irregularities and evidence that the administration
might be using collegiality as an independent criterion moved the committee
to write to the president, adding its objections to those already being
made by the AAUP in related cases on the campus; the presi-dent reversed
his decision and reappointed the philosopher. (b) Preferential treatment
of an in-ternal job candidate. A senior philosopher who had chaired
the search for a junior philosopher in a multidisciplinary department
complained that an external candidate had not been evaluated impartially,
that she had been unfairly deprived of information about her candidacy,
and that the views of the philosophers on the search committee had been
disregarded - charges involving policy statements of the APA, the AAUP,
and other bodies concerned with standards in higher education. This
was a complex case, the investigation of which required several months
and several iterations of correspondence with the complainant and the
administration. Both the com-plainant and the philosopher whose rights
were at issue focused on preventing future similar oc-currences, noting
that the university intended to expand its offerings in philosophy.
Although some changes to university procedures were introduced, the
committee found them inadequate to protect future philosophy candidates
and offered to work further with the administration infor-mally, meanwhile
monitoring future searches. The investigation also resulted in a recommenda-tion
of amendment to the APA Statement Concerning Clarification of Qualifications
for Posi-tions Advertised in Jobs for Philosophers, which has been submitted
to the Board.
Several other cases are in various stages of inquiry: (c) Applications
from non-immigrants. A Canadian citizen applied for positions in the
U.S. and received, from institutions in California and Florida, documents
to sign implying that he could be considered for employ-ment only if
he were already a U.S. citizen or permanent resident. Upon consultation
with gov-ernment offices, the defense committee ascertained that, despite
increased delays since 11 Sep-tember 2001, U.S. law continues to permit
universities to hire nonimmigrants. Preference to citi-zens or permanent
residents, unless stated in the job ad, constitutes a hidden criterion
for em-ployment which the APA Statement Concerning Clarification of
Qualifications disallows. De-partments should make themselves aware
of any forms being sent routinely by their universities to applicants.
(d) Institutional review boards (IRBs) and class assignments. The defense
com-mittee and the AAUP are following with interest the case of a philosopher
who was required to develop informed-consent forms and to submit to
the university's IRB her essay assignment that asks students to conduct
one-hour interviews with persons who have had near-death experiences,
then to reflect on that in relation to their reading of Heidegger's
being-toward-death. While complying with the university's requirement,
the philosopher argues that her assignments should not be subject to
such review because they are not intended to produce generalizable knowledge
and hence are not research as defined in the Code of Federal Regulations
"Protection of Human Subjects" (Title 45, part 46). IRBs vary
widely in their interpretation of this regulation, and philosophers
giving similar assignments should inform themselves about local practices.
There are two cases pending local appeal, (e) Denial of tenure and (f)
Denial of promotion.
Two requests from the Board of Officers occupied the defense committee.
In response to the first, the committee revisited the question of Board
censure both as policy and as currently applied to two institutions,
making recommendations for the Board's consideration. The com-mittee
used the opportunity to set down the procedures by which it normally
operates for the in-formation of the Board and for its own continuity.
Second, the Board had requested the previous year that the defense committee
formulate a statement of "clear policy for dealing with [certain
sorts of academic freedom] cases, which seem to arise primarily in the
setting of schools with religious affiliations." A draft is nearing
completion on which comments from interested persons outside the committee
will be solicited.
Members of the defense committee 2002-2003 were George Allen, Ed Byrne,
Jack Kult-gen, and Beth Singer; William Stephens was appointed in October;
representatives of the divi-sions serving ex officio were Karen Hanson,
Calvin Normore, and Susan Wolf; Leslie Francis served as Non-Discrimination
Ombudsperson and ex officio on the committee. In conformity with earlier
recommendations and decisions of the Board of Officers, the Non-Discrimination
Ombudsperson will in the future be a regular member of the defense committee.
The committee is grateful for the ongoing advice of those members of
the AAUP national staff who are directly involved in the work of Committee
A on Academic Freedom and Tenure.
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