News, Views and Careers for All of Higher Education
June 22, 2007
— Scott Jaschik and Jennifer Epstein
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Don’t they know in Ottawa that the Vatican creates a dictionary of all the new words, so that they can communicate in the official Latin?
Carpe dictionarium!
J Madison Davis, Profesor at University of Oklahoma, at 10:45 am EDT on June 22, 2007
Being fired from a college (Antioch or elsewhere) without just cause against the dictates of one’s legally binding contract and against the rules of the college is in fact a legal matter and not just an academic matter.
I hope the professors sue and gain at least a settlement that will give them money to live off of while they search for new employment. It is a catastrophe to be fired so suddenly and deceptively and to be left bereft.
In fact, in consideration of the way the board and administration handled the crisis, suing is the professors’ only option for redress.
Anyone who thinks differently does not know the legal gravity of the situation—a gravity that comes down to contractual obligations and legally honoring the by-laws of the college.
Anonymous Professor, at 1:25 pm EDT on June 22, 2007
Antioch’s faculty are claiming that the decision to shut the college was made by a process not in conformance with the institution’s established policies. There’s plenty of Higher Ed-related case law to back up a claim that these policies are an enforceable part of each faculty member’s employment contract, in addition to the wording of each contract document itself. If what the faculty are claiming can be demonstrated, they may have a very strong case.
Rick, at 2:20 pm EDT on June 22, 2007
“If what the faculty are claiming can be demonstrated, they may have a very strong case.”
Even if the claim stands up in court, good luck recovering on it.
JBM, at 4:30 pm EDT on June 22, 2007
All I have to judge the Antioch faculty’s complaints as ground for lawsuit is Dimi Reber’s remarks, linked in the IHE article. If we may take her remarks as representative, their complaint is not specifically breach of an employment contract. It’s mismanagement by the Board: “In brief, the Board risked the College’s well-being with the imposition of an ill-considered (Renewal) Plan, failed to provide promised support, and closed the College.”
If they’re asking for a wad of cash in damages, she didn’t mention it. Instead, “The faculty will be exploring legal action to stop the College’s closing and preserve tenure and the college’s assets.”
But, how do you keep a college open after the student body has, as Reber noted, “plunged from 650 to 300 in two years"? To paraphrase Sam Goldwyn, if people don’t want to go to a college nobody can stop ‘em.
Jack Olson, at 9:15 am EDT on June 23, 2007
THE FALL OF ANTIOCH: SAD OR GLAD? by Russell EisenmanUnivesity of Texas-Pan American
Some think Antioch College deserved to die. It became too liberal, they say, in a dogmatic, authoritarian way (unintentional rhyme, although I do write poetry from time to time, is that a crime?) For instance, an Op-Ed piece in the New York Times by Michael Goldfarb, who was a student there years ago, says that after the Antioch college strike in 1973, things went really bad, enrollment declined, and
“Since it is always easier to impose a conformist ethos on a small group than a large one, as the student body dwindled, free expression and freedom of thought were crushed under the weight of ultraliberal orthodoxy. By the 1990s the breadth of challenging ideas a student might encounter at Antioch had narrowed, and the college became a place not for education, but for indoctrination.” (Goldfarb, 2007, p. 2). Sounds pretty awful to me.
The most extreme and stupid thing the college did was their sexual harassment policy in which every step of the way in sex between two people had to have explicit verbal consent. I do research on human sexuality and have had some personal experiences, as well. Much of sex is nonverbal, so imposing a verbal policy is dumb. I once thought of writing to Antioch when they had this policy and telling them how foolish it was, but decided it would probably be a waste of time, especially when I read how proud they were of it, and how they boasted that other schools, including Harvard, had asked for a copy.
I did not know this, but they once had a death row inmate from Pennsylvania, a convicted cop killer, as their graduation speaker. I have followed this case and while it is not a slam dunk that he is guilty, the evidence points that way. But, some liberals, including movie stars, have made him a cause celebre. Mammua Ahmoo Jubal or something like that. You will probably know who I mean. Sorry I cannot recall his name exactly. In his court trial instead of explaining what happened, which could have been a helpful defense, he mostly stated and shouted radical slogans.
I have also read that Antioch declined because of poor upkeep of the facilities. If things look ugly and in disrepair, how many prospective students will want to go there?
So, did Antioch just put itself out of the market with liberal and authoritarian nonsense or should we feel bad about its death (although they hope to resume in 4 years)? I once heard of a female student who went there and was assigned a male roommate. I see this as possibly something good, an experimental approach that most places would be afraid to undertake. Perhaps they did other experimental things that most have not heard about, and we should feel bad about its decline/death. I wonder. They certainly made mistakes: poor facility upkeep, stupid sex policy, and poor choice of graduation speaker. If Goldfarb (2007) is correct, they also became a place of intolerance and indoctrination. I do not know enough to know if I feel bad about the death of the school, although what I know makes me think that perhaps they deserved to pass from the scene.
Russell Eisenman, Ph.D., Associate Professor of Psychology at University of Texas-Pan American, at 4:35 pm EDT on June 23, 2007
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Suit against Antioch College?
Suppose the faculty at Antioch carry out their threat of “legal action” against the college administration. Upon what ground would they have a case? Even if their claim of ineptitude on the part of the administration is true and provable, is it the duty of a court to remedy that?
A judge or a court might claim that it is their duty, since judges and courts can think of few things which they consider none of their business. But, wouldn’t a lawsuit by a group of faculty against a college administration convert an academic issue into a legal one and put the courts in the business of running the colleges?
Jack Olson, at 10:45 am EDT on June 22, 2007