Academic Freedom and Due Process

Assignment:

A principle of the university model is premised on the free exchange of ideas. This requires allowing scholars to hold and state views that may be unpopular. The idea is that only through uncensored discussion can the truth emerge. Throughout history, scientists and philosophers have put forth ideas that were initially considered ludicrous or blasphemous but later accepted as accurate. Other claims were never accepted.

In the contemporary higher education environment, educators are typically allowed considerable leeway to express themselves in the classroom and in their published works. Like their students, professors have First Amendment rights. However, unlike their students, they are employed by an institution, which may impose standards of decorum or behavior designed to protect the institution or its students. If a faculty member makes provocative statements that a university finds objectionable, the professor is entitled to due process, which is guaranteed under the Fourteenth Amendment.

For this Assignment, you will consider the conflicting requirements of the rights of institutions to impose standards of practice and the rights of academic freedom and due process.

To Prepare

Review the Learning Resources, including the media program Due Process.
Consider the conflicting rights of the faculty member and the institution.
Research case law to identify a case related to a university’s adverse actions against a faculty member who claimed academic freedom protection. Determine if the faculty member’s due process rights were denied.
To Complete

Write a 5- to 6-page paper in which you do the following:

Identify and describe the example of case law that you found, and explain how due process rights were violated. Explain why the case is important.
Describe best practices for due process implementation in the higher education setting.
Describe how adherence to due process can be improved in your education setting.
Cite specific case law to support your recommendations.