A New Indiana Law Will Enforce ‘Intellectual Diversity’ for Professors

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[COLOR=var(--primaryTextColor)][FONT=var(--bodyFont)]Beginning this summer, faculty members at Indiana’s public colleges will be evaluated on whether they’re espousing “intellectual diversity” in the classroom. That’s the result of a law signed last week by Gov. Eric J. Holcomb, a Republican, over widespread faculty opposition.

[COLOR=var(--primaryTextColor)][FONT=var(--bodyFont)]T[/FONT][/COLOR][COLOR=var(--primaryTextColor)][FONT=var(--bodyFont)]he law, introduced in the state Senate by Spencer Deery, a Republican, lets public colleges’ boards deny faculty members tenure or promotion if they are deemed “unlikely to foster a culture of free inquiry, free expression, and intellectual diversity within the institution” or to expose students to scholarship representing a variety of ideological viewpoints, or if the boards determine that the faculty members are likely “to subject students to political or ideological views and opinions that are unrelated” to their discipline.[/FONT][/COLOR]
The law also creates a mechanism by which students and employees can submit complaints against faculty and staff members they believe aren’t adequately promoting intellectual diversity, which it defines as “multiple, divergent, and varied scholarly perspectives on an extensive range of public-policy issues.” Those complaints are to be turned over to human-resources professionals and, “in limited circumstances,” to the state higher-education commission, a leader of that body told the Indiana Capital Chronicle into the most consequential developments i
But beyond that, specifics of how “intellectual diversity” will be judged are not clear. That ambiguity, coupled with the law’s provisions — including requirements that faculty members undergo post-tenure reviews with the same criteria every five years — has also raised fears of intrusion into academic freedom and the risks of unintended consequences.


That’s one reason Rep. Vernon G. Smith, a Democrat who’s also a professor of education at Indiana University Northwest, opposes the law. “I don’t know how you would even begin to monitor that,” Smith told The Chronicle. “You almost have to have a recording of the class in session.” Nor have any constituents contacted him to advocate for the law. Among his faculty colleagues, he said, “I don’t think there’s any effort aimed at indoctrinating students.”
Deery did not immediately respond to a request for comment. In a written statement, he said that the bill’s signing is “a strong signal that our state is committed to academic freedom, free expression, and intellectual diversity for all students and faculty.”
The contents of that checklist are likely to vary widely between courses and disciplines, said Keith E. Whittington, a professor of politics at Princeton University and founding chair of the Academic Committee of the Academic Freedom Alliance. Intellectual diversity in a political-science course would be construed differently than in a biology course; the same, he said, is true of a survey course as opposed to an upper-level seminar. “It leaves everybody kind of at sea as to, How would you translate this legislative directive into something that’s going to be sensible in an academic environment?” Whittington said.


That uncertainty, he predicted, could prompt a kind of pre-approval process by which faculty members submit their syllabi for vetting by administrators. Even though such a process would constitute “a genuine intrusion into academic freedom,” Whittington said, “I think a lot of faculty are going to want it just because that’s the only way they’re going to feel at all confident that they’ve met the standard, [that] they’re not going to get in trouble at some point down the road.”
In the meantime, Whittington, who has written about academic freedom for The Chronicle, suspects instructors will probably try to cover their bases by “shoehorning” a range of readings into their syllabi. That could make courses less “intellectually coherent,” particularly if a professor doesn’t normally teach a given perspective or isn’t as familiar with it, he added.
And while the law directs faculty members to “expose students to scholarly works from a variety of political or ideological frameworks,” it doesn’t specify what form that exposure must take, in what context, or how thorough it should be. For example, it’s not clear whether competing viewpoints must be given equal weight in readings, discussions, or assignments, even if the scholarly consensus leans markedly in one direction.
That exposure could lead in a different direction than the one Whittington said the bill’s proponents probably intended. Faculty members who do not normally teach critical race theory, for instance, might think they need to do so to satisfy the intellectual-diversity standard. Students, too, could push their professors to include more left-leaning perspectives in class, while administrators would set a priority on minimizing complaints filed through the new system the law establishes.
In that way, Whittington said, Indiana’s law differs from other legislation that addresses “divisive concepts.” Rather than declare particular subjects off limits, the new law is written to expand the scope of views included in a given course. Such an approach could make legal challenges to Indiana’s law more difficult, he said, and it’s possible lawmakers hoped it would fare better in the court of public opinion, too. “I wouldn’t be surprised if they also thought this would go over better with faculty,” he said. “You’re not telling them to stop teaching things. You’re telling them just to add new things to the toolbox.”

‘A Political Demand’
But faculty leaders at many of Indiana’s public universities came out forcefully against the measure before Holcomb signed it. Ball State University’s chapter of the American Association of University Professors, for instance, said that it would contravene the national AAUP’s 1915 statement, which safeguards instructors’ “freedom of inquiry and research; freedom of teaching within the university or college; and freedom of extramural utterance and action.” The American Civil Liberties Union of Indiana, the Foundation for Individual Rights and Expression, the American Historical Association, and the Modern Language Association, among others, also expressed opposition on academic-freedom grounds.
They’re right to do so, Fish said. “The idea of intellectual diversity as a requirement is a nonstarter because it’s always a demand from the outside, and therefore a political demand, that instructors organize their courses in a certain way.” It should be up to professors, he said, to determine based on their expertise which perspectives are introduced in class.
The term “intellectual diversity” itself carries a political valence, Fish said. It was introduced by the conservative activist David Horowitz “in the context of a complaint that faculties were made up of a disproportionate number of progressives rather than conservatives,” he said. “Even though that may in many departments be a fact, it’s not a fact that has any relationship to educational or pedagogical goals.”
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I agree in theory with what they desire here but don’t agree that legislation like this is the way to achieve it.
 
In our paper today:



Jewish lawmakers aim to compel California universities to enforce free speech policies


After protesters shut down a talk by an Israeli speaker at UC Berkeley last month, Jewish lawmakers on Wednesday announced a bill to pressure public California colleges and universities to safeguard free speech.

The bill would require California State University and California Community Colleges to update and enforce student codes of conduct to ban violence, harassment, intimidation and discrimination that interferes with free speech. It would also request that the University of California do the same. The Legislature has broader powers to force changes at California State University schools and California Community Colleges, but has more limited authority over the University of California, which is governed by a board of regents.

If passed, it’s not clear how the measure would be enforced, although the bill's author, Sen. Steve Glazer, said the Legislature could exercise its oversight authority to ensure schools comply, including by withholding funding.

It comes as college campuses across the country have been riven by tension over the war in Gaza, with people on both sides accusing campus administrators of failing to respond adequately to the conflict. The debate in American universities rages as Gaza stands on the precipice of famine amid intense Israeli bombing since Oct. 7, the day Hamas militants killed 1,200 Israelis and took roughly 250 hostages — about 100 of whom are still missing — back into Gaza. The Israeli bombardment has killed more than 31,000 Palestinians, mostly women and children, according to the Gaza Health Ministry.

Glazer, D-Orinda, is leading the charge for the proposal, which is also a key priority of the Legislative Jewish Caucus.

Glazer crafted the legislation after more than a hundred pro-Palestinian protesters broke down the door of UC Berkeley’s Zellerbach Playhouse in February. Protesters smashed a window and disrupted a talk by Israeli lawyer Ran Bar-Yoshafat, who works for the conservative Israeli think tank the Kohelet Policy Forum. The legislation aims to address safety concerns from Jewish and Muslim students who say they feel they are in danger because of their stance on the war.

At a news conference regarding the bill Wednesday, members of the Legislative Jewish Caucus told stories they’ve heard of Jewish students being spit on and intimidated because of their faith. State Sen. Scott Wiener, D-San Francisco, said campuses are seeing a “staggering increase” in antisemitic incidents and that universities must do more to confront the issue and keep Jewish students safe.

Brooke Resnik, a UC Berkeley freshman who helped organize the Bar-Yoshafat talk, said she was choked by protesters who put their hands on her neck as she tried to shut the door during the speech. She and other student attendees were evacuated through a tunnel. She said she no longer feels safe on campus speaking Hebrew or showing her Star of David necklace.

“Our universities need to do better to protect every student’s right to express themselves and their identity,” she told reporters during the news conference about the bill.

University of California regents are currently considering a proposal that would prohibit political speech on academic department home pages, including statements that call Israel’s bombing of Gaza a genocide. The proposal has drawn criticism from some faculty, who argue it bows to outside pressure and inhibits their freedom of expression, the New York Times reported.

UC Berkeley’s free speech policies already prohibit violent threats, severe and pervasive harassment, property destruction, assault and endangerment and say students may be disciplined for violating the rules.

Glazer said he thinks the university and others in California need to strengthen their policies. He noted that the proposal also includes provisions requiring that students receive training on free speech and that universities report back to the Legislature on progress.

“It’s OK to disagree with fellow students, it’s OK to express discontent with the university and it’s OK to protest,” Glazer said. “However, the First Amendment does not allow students to harass their peers.”


https://www.sfchronicle.com/politics/article/campus-speech-bill-19269480.php
 
Affirmative action quotas for conservatives.

I wonder if the authors of this law are advocating for more democratic socialists and economic justice progressives in university business schools?
 
This bill isn't about affirmative action or who they hire. One can be an economic free market libertarian and prevent discussions of other economic systems/ideas in their classrooms. That would run afoul of this law. One can be a Marxist yet have wide ranging discussions of economics with all viewpoints discussed and debated. That is what the bill claims to want.

The bill is fine in theory. The idea of college (in theory at least) is kids are challenged in the classroom and are exposed to diverse thought and opinions. That's how one grows (generally speaking). We have a lot less of it today in our classrooms and that's where the idea for legislation like this comes from. That said, this is still bad legislation. It won't achieve what it desires and will have (negative) unintended consequences.
 
Affirmative action quotas for conservatives.

I wonder if the authors of this law are advocating for more democratic socialists and economic justice progressives in university business schools?

Why would they teach that crap in a business school? Name a successful company that became successful by using democratic socialist business practices. Economic justice is attained by working, it's not a business model.
 
This bill isn't about affirmative action or who they hire. One can be an economic free market libertarian and prevent discussions of other economic systems/ideas in their classrooms. That would run afoul of this law. One can be a Marxist yet have wide ranging discussions of economics with all viewpoints discussed and debated. That is what the bill claims to want.

The bill is fine in theory. The idea of college (in theory at least) is kids are challenged in the classroom and are exposed to diverse thought and opinions. That's how one grows (generally speaking). We have a lot less of it today in our classrooms and that's where the idea for legislation like this comes from. That said, this is still bad legislation. It won't achieve what it desires and will have (negative) unintended consequences.

If all instructors engaged in discussions of different economic systems, that does not seem like diversity. They are all doing the same thing. Hiring professors whose research and publications advocate different approaches seems more appropriate but difficult to accomplish.

Do they ask about ideology in employment interviews? I guess they could evaluate publications, but this would only be possible in very large universities with large departments.

It is simply conservative state legislatures wanting to show they oppose college "indoctrination."
 
If all instructors engaged in discussions of different economic systems, that does not seem like diversity. They are all doing the same thing. Hiring professors whose research and publications advocate different approaches seems more appropriate but difficult to accomplish.

Do they ask about ideology in employment interviews? I guess they could evaluate publications, but this would only be possible in very large universities with large departments.

It is simply conservative state legislatures wanting to show they oppose college "indoctrination."

The premise of the argument is the lack of diversity viewpoint in the classroom. That is this poor legislation doesn't take away from that fact that it occurs quite a bit. You can hire professors with diverse research backgrounds but that's irrelevant if they don't allow free discussions within the class. That's why this legislation is not affirmative action to hire conservative professors.
 
“You almost have to have a recording of the class in session.”

Why don't we already have cameras with a live public stream in every classroom ?

It sounds like this bill gives some power to the Students, which is a good thing.

A 10th grader told me that all his English reading assignments were about white oppressors. The teachers sneak in the CRT whenever possible.
 
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