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Academic Freedom Violations Found at Hunter

May 13, 2008

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When reports surfaced of an unusual arrangement at Hunter College -- in which corporate interests sponsored a course and helped students set up a fake Web site to advance the business goal of discouraging counterfeit goods -- college officials dismissed the concerns. They declined to discuss details, but said that the course was not problematic.

Now a special faculty committee that investigated the matter has issued a report finding multiple violations of academic freedom of the professor assigned to the course and to his students.

Further, the report found that the "episode raises concerns about the ethics of pedagogy in higher education today -- concerns that deserve discussion by the college community. Sponsored courses seem not to violate academic freedom in their own right, but invite manipulations of the usual principles of classroom discussion. More discomfiting, the course in question ... made use of Hunter students to advance corporate interests, and created a false ad campaign that deceived Hunter students (who were not in the class). The nature of the course allowed for a casual approach to the dignity of students and relied on deception to achieve some of its aims -- which were, we emphasize, as much corporate as pedagogical."

Hunter's Faculty Senate is planning to discuss the report -- which was obtained by Inside Higher Ed -- later this month. A spokeswoman for Hunter, asked for the administration's response to the report, said that because the report was leaked, and those named in it have yet to formally respond, the administration would say nothing, "in the interest of fairness."

The course at Hunter, part of the City University of New York, was sponsored by the International Anticounterfeiting Coalition (known as the IACC), an organization of companies that are concerned about low-cost knockoffs of their products. The companies involved include some of the biggest names in fashion and consumer goods -- Abercrombie & Fitch, Chanel, Coach, Harley-Davidson, Levi Strauss, Reebok and so forth. The faculty panel found that Hunter agreed to let the IACC sponsor a course for which students would create a campaign against counterfeiting in which they would set up a fake Web site to tell the story of a fictional student experiencing trauma because of fake consumer goods. One goal of the effort was to mislead students not in the course into thinking that they were reading about someone real. The course was created without any standard curricular review and the idea was to teach one side of the issue -- ignoring those who believe that the companies sponsoring the course take too limiting an attitude about intellectual property.

Adding to the concerns, the professor who was drafted to teach the course, Tim Portlock, not only didn't have tenure, but was outside his area of expertise. His expertise is computer art, not advertising -- but he was put in charge of devising the advertising campaign on which students worked for credit.

The report found that the idea for the course originated at the senior levels of the administration and noted that Coach's CEO is a Hunter alumnus. Coach provided $10,000 to support the course and Lew Frankfort, the CEO, was subsequently given an honorary degree and made a "large donation" to the college, the report found.

The faculty panel found three areas of violations of academic freedom:

  • "The most egregious aspect was that free inquiry into multiple points of view was effectively blocked despite the expressed desire of the instructor to promote such inquiry. Only a single point of view, a distinctly non-scholarly perspective that came from outside of the academy and hence not subject to the usual rigor of peer-review and other academic standards of higher education, was presented during the course."
  • The "unconventional nature of the course ... clearly invites discussion about substantive issues of pedagogy at Hunter. The choice of an untenured faculty member whose expertise falls well outside of the scope of the IACC course material predisposed a situation which made it difficult for the instructor to exercise his academic freedom rights, both in his ability to refuse to teach the class beforehand, and in his ability to control the subject matter presented while the course was running."
  • "Content of courses at Hunter is reserved to individual faculty, and the faculty collectively through the Hunter College Senate. There was unwarranted involvement in the course from parts of the administration that are not charged with curricular substance, i.e., the Office of the President and the Office of Student Affairs. This blurring of the definitions of shared governance specifically contributed to the academic freedom concerns articulated above."
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Comments on Academic Freedom Violations Found at Hunter

  • Real Issue is the Corporatization of the University
  • Posted by Henry Giroux , Professor on May 13, 2008 at 11:50am EDT
  • While the question of academic freedom in this case is not unimportant, the real issue is the increasing subordination of all aspects of the university to corporate values. When academic leaders view themselves as CEOs, faculty as entrepreneurs, and students as customers, universities move from serving the public good to merely producing goods. Lost in this transformation is the distinction between training and a critical education. The university now adopts the aesthetic of the mall and its administrators increasingly resemble public relations hacks.Fortunately, memories of the university playing a public role in developing critical and engaged citizens still lingers on to the dismay of the public relations intellectuals.

  • Corporate Curriculum
  • Posted by Ira Shor , Prof. at City Univ. of NY Grad Center on May 14, 2008 at 11:40am EDT
  • Thanks to Prof. Giroux for hitting the nail on the head. The Hunter Coll course sold to industry is exactly as he says, the increasing corporatization of the university, the takeover of public space for learning by restricted studies run for commercial interests. And, Bravo to my colleagues at Hunter who exposed their Administration's trade in dollars for courses. This incident also exposes the vulnerability of untenured, junior and contingent faculty who are more easily cajoled into teaching such bogus courses by 'entrepreneurial' administrators than are tenured faculty.

  • Pressure
  • Posted by Aaron Barlow , Assistant Professor at New York City College of Technology (CUNY) on May 14, 2008 at 3:15pm EDT
  • Ira Shor is also right on the money.

    Maybe this can lead, among other things, to a renewed discussion of the virtues of expanding at least parts of tenure to cover contingent hires and adjuncts... not to mention those on the tenure track but not yet there. Academic freedom needs to cover all faculty, not just those who have "paid their dues."

    To Giroux's point: the commercial model doesn't form well to an academic setting, as this rather slimy incident shows.

    As one with a great deal of retail experience (I owned and ran a store for 14 years), I always laugh when I hear students referred to as "customers." Due to the progressive nature of education (that is, students supposedly start out knowing less than they end up knowing), the analogy fails: students can't judge the "product" the way a customer does, for they won't be in a position to judge until long after they have "consumed" that "product."

  • Human Subjects at Hunter?
  • Posted by Bob Hirsch on May 14, 2008 at 5:15pm EDT
  • Conducting a human subjects study without obtaining Institutional Research Board (IRB) approval appears to be a significant problem that has been overlooked. Would someone please answer the question, “was this research on Hunter students approved by an IRB (or equivalent)?”

    Federal regulations require IRB review for any human subjects study involving Federal funding, and informed consent of the participants. Do any Hunter students get Federal loans or grants? Are there any Federal research grants awarded to faculty at Hunter? If Hunter is a private non-profit educational institution, they may still be under Federal regulations due to their tax status.

    Maybe I missed something, but didn't the class students have research conducted on them by the company (survey of attitudes) and didn't the non-class students have surveys and opinions assessed for use by the company? The “course” appears to have been a study by the company to determine if the company could modify the attitudes of students (i.e. brainwashing, mind control, or ?, ...). If there was no IRB review and approval, the entire "experiment" appears to have occurred without review and evaluation of the legal, ethical, and moral issues. It may be OK, but then again...this is why there are IRBs.

    The most significant problem may be legal, in that the human subjects were not provided sufficient information to know the potential consequences of participating, and that some of them may have been minors (especially, non-class members). Playing with someone’s head is risky. Advertising and marketing do this, but not under the pretense of providing an unbiased perspective in the guise of education.