News, Views and Careers for All of Higher Education
Oct. 4, 2005
A New York judge has declined to second guess Le Moyne College’s decision to overturn a student’s provisional admission to its graduate education program — a decision the student attributed to a controversial article he had written on the use of corporal punishment in the classroom.
Scott McConnell was provisionally admitted to the master’s education program at Le Moyne, a Roman Catholic institution in Syracuse, N.Y., in the fall of 2004, but two days before the start of last spring’s term, he received a letter saying the college had “grave concerns” that his “personal beliefs” would conflict with its philosophy. Although the letter didn’t state it, McConnell was confident that the decision was related to a paper he had written for a course during the fall in which he expressed his support for corporal punishment in schools, as well as his skepticism of multicultural education.
McConnell sued the college in state court, arguing that it had failed to follow its own rules and seeking his reinstatement to the graduate program.
But last month, a judge in state Supreme Court (which despite its lofty name, is actually the lower trial court in New York State) ruled that New York law gives colleges and universities broad latitude to make internal decisions without review by the courts. “The academic and adminstrative decisions of educational institutions involve the exercise fo subjective professional judgment,” Justice Edward D. Carni wrote. “These institutions are peculiarly capable of making the decisions which are appropriate and necessary to their continued existence.”
The decision at issue in this case, Carni wrote, is “an admissions determination uniquely within the professional judgment of those involved in the day-to-day implementation of the educational policies and academic oversight of this educational institution.” McConnell, the judge said, has “provided the court with no legal authority that a college admissions decision may properly become the subject of judicial review under these circumstances.”
Terence J. Pell, president of the Center for Individual Rights, the nonprofit law group
that represents McConnell, said the student would appeal the decision in state court. “We think the judge is just plain mistaken,” Pell said. “What judges have to defer to is the educational judgment of institutions, but the standard here is only that the school follow its own procedures. It is perfectly appropriate for a judge to assess whether the school followed its own procedures, and there is almost no argument in this case that the school ignored almost every aspect of its own procedures.”
Le Moyne issued a statement saying its officials were pleased by the judge’s ruling. “As we have all along, we stand by our decision not to admit this individual as a fully matriculated student.... We hope this decision will bring the matter to a close.”
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It is very disturbing to learn in the 21st century that there is a graduate student who has issues with multicultural in education – segregation in education was knocked down in Brown v Board of Education. Governor Wallace who championed segregation is dead.
Education is not property of the Vatican – in education you will find every race, creed and beliefs and they are equal – education is not reserved exclusively for Caucasians like pope position.
The military does not employ corporal punishment nowadays – why should the education revert back to corporal punishment? I cannot figure out that by inflicting pain to the body will result enlighten the mind.
Kudos and credit to the judge and the court – who simply told the idiot – you made your bed, now sleep in it – do not visit upon the court – you are not welcomed.
David Robertson, Professor at SUNY, at 1:03 pm EDT on October 4, 2005
Engineering is built on hard science, not on soft science. In the soft sciences, you can get dozens, if not hundreds, of competing theories, many of which conflict on an endless basis.
The soft-sciences fail to clearly explain this to students — one wonders why. It was obviously not clear to the previous poster.
As for the student in the Le Moyne case — one wonders why he just doesn’t enroll in one of the many M.Ed. programs available online. There are dozens to chose from.
B.J.S., Career counselor at Mega State U, at 1:05 pm EDT on October 4, 2005
“However, in smaller, private institutions with strict religious backgrounds, students have to conform to the school’s standards.”
Would Mr./Ms. Duncan care to specify at which of the following schools free speech guarantees (e.g., not being liable for expulsion for an opinion expressed—in reasonable language—in a paper) apply or don’t apply?
Notre Dame Yeshiva St. John’s Wesleyan Trinity Maharishi University Baylor Brandeis Dartmouth Oberlin Bob Jones Liberty Boston College St. Olaf’s Concordia
imedajinsokt, Mellon Distinguished Visiting Professor at Midelbury College, at 1:05 pm EDT on October 4, 2005
BJS,
Two points. In many families and cultures it is dishonorable to enroll in an on-line program of any sort because, for better or worse, they are viewed as inferior. For example, I would be extremely disappointed and ashamed if any relative enrolled in an online program.
Secondly, while some people think that “soft” sciences are an excuse to have a drum circle and talk about one’s feelings, if done properly, they utilize the same methods of hypothesis and testing that “hard” sciences do. Likewise, there are often many competing theories in “hard” sciences that have not been “disproved.” Obviously philosophy of science is quite a complex philosophical area, so I don’t see why you are giving it a brush off as if it doesn’t matter.
Larry, at 2:00 pm EDT on October 4, 2005
In response to a previous post, I would like to make it clear that all university environments are not the same.
I will now contrast the small, private, religiously affiliated liberal arts school I first attended with my research experience at the University of California, Berkeley.
Students in the small school were vocal but tempered. The school had an image to uphold and we understood our role in maintaining that image.
The student paper was censored. The student Government was carefully monitored and at one point was even suspended for taking a stand on a highly contentious issue.
However, the UC Berkeley campus was a culture shock for me. The students I got to know during my research explained to me that it was ok to stand up for what you believed and be vocal at UC Berkeley. It’s very common there.
The school is big and public so there are many avenues of expression. For example, some of my friends worked at a dynamic student run radio station on campus where they made very strong comments about conditions in other countries and US inaction.
There is a difference!!
Donnell Duncan, Founder and President, The Cracked Door, “If the Door is Cracked, The Door is Open”
Donnell Duncan, Civil Engineering (Structures) Graduate at Georgia Institute of Technology, at 2:37 pm EDT on October 4, 2005
Yes, I suppose it is disturbing to learn that in 2005 there’s a graduate student with unpleasant opinions about education. But he’s only one individual who, apparently, expressed those opinions in clean language (no epithets, no “fighting words,” etc.), in an academic paper. LeMoyne College is, on the other hand, an institution of higher learning expressing its disapproval of that student’s opinion not by letting it fend for itself against the more enlightened outlooks of his peers, but rather by expelling him. That abrogration of the student’s right to free speech is, to me, far more shocking than the student’s opinions themselves.
Emboldened by the judge’s decision, will the college now expel a graduate education student who opines in a paper that, say, bilingual education is harmful for students who, he thinks, should be learning English as a first priority? Or that one-room, K-12 schoolhouses should be brought back? Or that (LeMoyne being a Catholic college) a pregnant high school girl should be counseled that abortion is an option? Or whatever.
The poster who wrote,..."in education you will find every race, creed and beliefs and they are equal” seems to believe, like the pig in Orwell’s “Animal Farm,” that some beliefs are more equal—that is, more deserving of free-speech protection—than others. He also wrote, “Education is not property of the Vatican.” Well, LeMoyne College seems to be acting very much like the Vatican at its worst: excommunicating (expelling) somebody whose views are at odds with its own.
LeMoyne’s expelling the student is also, in practical terms, pretty stupid. Rather than having to stick around to defend his minority-of-one opinions about corporal punishment and multiculturalism to his professors and graduate peers, the student now goes off, feeling like a martyr, to (I’ll bet) the arms of David Horowitz, “the Academic Bill of Rights,” and other entities convinced that academe is one big, censorious PC cabal. They’ll have yet one more believer and one more injustice to cite. Well done, LeMoyne! And well done, the judge “who simply told the idiot – you made your bed, now sleep in it – do not visit upon the court – you are not welcomed"! (Talk about a throwback to the days of segreation! I can almost see the black sharecropper being escorted, by Bull Connor, from the courtroom in Selma after being told exactly that by a Jim Crow judge.)
Mort Sahl once said that liberals are people who do the right thing for the wrong reason in order to feel good for 15 seconds. No longer true. Nowadays, you have to change “right thing” to “wrong thing” and lengthen the time of feeling self-righteously good to a whole professorial career.
imedajinsokt, Mellon Distinguished Visiting Professor at Midelbury College, at 5:46 pm EDT on October 4, 2005
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Rocking the Boat
Students have always pushed the envelope in higher education and are free to express themselves within the academic environment.
However, it’s important for every student to know that the selection committee for a graduate program consists of people.
These people have opinions and these people have the power to accept or refuse your admittance. Don’t annoy them!
It’s sad that the young man was eliminated from enrollment because of his opinions but the school obviously has a reputation to uphold.
I’m all for free speech in a large, public university where students have many avenues of expression. However, in smaller, private institutions with strict religious backgrounds, students have to conform to the school’s standards.
Regards, Donnell Duncan, Founder and President, The Cracked Door, “If the Door is Cracked, The Door is Open”
Donnell Duncan, Civil Engineering (Structures) Graduate at Georgia Institute of Technology, at 9:30 am EDT on October 4, 2005