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Can Free Speech Be Furloughed?

October 26, 2009

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On Thursday, several hundred students at Southwestern College, a community college outside of San Diego, held a peaceful protest over budget cuts that are leading to the cancellation of more than 400 additional course sections next semester. On Friday, the students got a sign that someone was paying attention to the protest, but they didn't get the response they wanted: Four faculty members were immediately suspended and barred from the campus or using the campus e-mail system.

The suspended professors include the current and former presidents of the faculty union, which supported the student protest.

With California's economy in a free fall, and the budgets of public colleges and universities in similar decline, student and faculty protests have been picking up across the state, and several campuses have seen building takeovers or other examples of civil disobedience. But the Southwestern situation -- with faculty members getting kicked off campus -- is notable for the extent of administration reaction to a protest that was relatively mild compared to some others.

The letters that the four faculty members received telling them that they had been suspended immediately did not say why. But the letters referenced (by number) a section of California's penal code that bars people from "willfully disrupting the orderly operation of the campus."

Southwestern officials could not be reached to explain why they took this action. The college's spokeswoman was recently laid off and she has not been replaced. The college's president, Raj Chopra, is reportedly on vacation and his e-mail reply says that he will be off campus until November 13. Chopra's executive assistant gave local reporters a statement that said that the reason for the suspensions could not be made public, and that "the college shares our students' concerns about reductions in state funding for the college. The college respects, values and is committed to freedom of expression.”

Philip Lopez, an English professor who is president of the faculty union, said that there is no other possible explanation for the suspensions except the rally. "Nothing else happened the day before," he said.

Lopez said that the union -- an affiliate of the National Education Association -- has consulted with union lawyers and is demanding a hearing, which the college must schedule within seven days. He said that the rally received widespread support because the students and faculty members were questioning how the college is responding to the budget crisis. While state cuts are severe, he said, the college has insisted on keeping a reserve fund that is twice as large as necessary, when cutting its size might save more courses. He noted that the cuts planned for next semester will be about one fourth of courses in many departments.

Regardless of one's views of the college's strategy, he said it was wrong for professors to be kicked off campus without any explanation and apparently because they criticized the administration. In his case, he said, he was forced to miss a meeting with administrators Friday at which he was to have represented faculty interests, because he was ordered off campus.

"Clearly the administration doesn't think there is such a thing as the First Amendment," he said.

Andrew Rempt, a writing instructor who was suspended, said that he was most upset about being pulled from his classes and not being able to help his students. "I feel terrible not being able to teach my courses," he said. "We’re are at a real key point in the semester, a real make-or-break point for many of my students, and I can’t be there to help them. This is very difficult for me to deal with because that’s the whole point to what we do."

Ron Norton Reel, president of the Community College Association, an affiliate of the California Teachers Association (the NEA's California unit), issued a statement Sunday denouncing the suspensions.

"In misguided actions by administrators who have no respect for the rights of faculty, reports that at least four instructors at Southwestern College have been suspended with pay after taking part in a campus rally against severe cuts are extremely disturbing," he said. "When a college president and governing board support cutting 25 percent of all course offerings and exclude faculty from important decisions, the right response is to challenge these cuts. State education cuts are threatening the future of this college and many others. Retaliating against faculty for standing up for their school and students is a reckless course of action."

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Comments on Can Free Speech Be Furloughed?

  • Shredding the Constitution...
  • Posted by Diogenes on October 26, 2009 at 8:15am EDT
  • ...one budget crisis at a time. This is shameful and illegal behavior by this administration. If this is the thin excuse these proto-fascists use to crush free speech and freedom of assembly, one wonders what they would do to more active protesters who publish their draconian and illegal actions. This is something the whole country needs to know about! Publish and don' t let this stupid action remain hidden!

  • Posted by Adjunct George on October 26, 2009 at 11:30am EDT
  • Here "Diogenes" goes again. Taking sides on something he knows nothing about. I teach at a CSU campus. The union has been outrageous in its stirring up of the students. We are out of money in California, folks. Wake up. You have chased industry from the state with anti-business rules and regulations, you have taxed people to the point where the Laffer curve has risen up and bit you, and now you are organizing the students to protest the lack of money. Get real and get back to teaching instead of union organizing. Learn to be more efficient instead of railing against the weather. Using the campus e-mail system to organize these protests should be against the law, if it is not already against the law to use government provided facilities for political purposes. It is about time some of the former tenured faculty now in administration start acting as the supervisors.

  • Freedom of Speech?
  • Posted by Papaya Princess , Prof on October 26, 2009 at 12:00pm EDT
  • Excuse me, Adjunct George, but as the article states, this was a student-organized protest. Faculty who are not in class are allowed to attend such rallies and support the students. Being intimidated into not holding or attending peaceful rallies to express frustration at budget cuts violates freedom of speech rights.

    Who said anything about using campus email? At this college, students do no typically have a school email account.

    For more info, check out http://www.saveourswc.blogspot.com/

  • Please correct error re. college spokeswoman
  • Posted by Save Our SWC on October 26, 2009 at 12:00pm EDT
  • Please note that the statement "The college's spokeswoman was recently laid off and she has not been replaced" is not quite accurate. Nevada Smith's position was eliminated in a "re-organization" that took her job and those of several others who stood up to Chopra. According to Chopra, these positions were unnecessary.

    However, the position of "Media and Marketing Consultant" was filled in early September with an hourly employee named Beth Barber. Barber formerly worked at the San Diego Union Tribune and wrote several flattering op-ed pieces on Chopra. She was hired without going to board, and her name appeared on the September agenda under "emergency appointments," which are ordinarily reserved for those "which will provide support of student instructional services and/or safety."

    You can view the agenda at http://www.swccd.edu/Pdfs/09-09-09_GB_Meeting_Agenda_with_Enclosures.pdf. Emergency appointments appear on page 122.

  • Tool
  • Posted by BertW on October 26, 2009 at 12:45pm EDT
  • Adjunct George is, one presumes, writing his defense of hysterical academic mismanagement from home on a non-edu email account. Even so, "Learn to be more efficient instead of railing against the weather." ??? I missed the part of this story where the four suspended faculty members were teaching inefficiently--whatever that means. (Didn't catch the part about anyone railing against the weather, either, but I figure that was just hyperbolic bluster.) What is most charming about AG's screedlet, though, is his assertion that institutional email should not be used to communicate about the institution. Now if we can only extend that reasoning to cover the US Postal System and the public airways ... the whole nasty policy disagreement problem can be nipped in the bud.

  • Stupid
  • Posted by Chris , BMF at HKU on October 26, 2009 at 3:15pm EDT
  • Whether the management is within its legal right to do this, it is clearly a stupid act. They should just ignore the protests, they will not have any effect anyway. Now they have negative publicity and questions about this Chopra's shady dealings. Let the students and faculty protest.

    Chopra must have gone to the Charlie Reed school of university management.

  • Posted by John , Assistant Professor on October 26, 2009 at 3:45pm EDT
  • We're told that the letters to the suspended faculty cited "a section of California's penal code that bars people from "willfully disrupting the orderly operation of the campus." I'd like someone familiar with that code to explain how that code applies to a peaceful protest in which the faculty were not even involved except as "supporters." Essentially, the university is arguing that merely condoning or encouraging dissent is somehow a criminal offense. I've never heard of such logic outside of authoritarian governments that seek to squelch dissent at the level of thought and expression, regardless of any actual "civil disobedience." It's questionable that such a code would even apply to a protest if that protest is carried out peacefully and within recognized physical boundaries (is there evidence that this one was not?). "Guilt by association" is almost never a valid justification for punitive action, unless you're engaged in an outright witch hunt.

    As for Adjunct George, it seems his own conservative politics and generalized hatred of unions has outweighed even his own self-interest as a faculty member and citizen. If he wishes to defend the authority of his institution in this case, then he'll have to be content with that same logic when an if he ever feels himself subject to arbitrary sanctions and punitive actions from his administrators. He's clearly drunk the Kool-Aid of resignation and is willing to accept the simplest answer the administration can feed him: "We're broke--just do your part and don't ask questions." Actually, he's gone further, and chooses to demonize anyone who refuses to accept that answer as sufficient. Dogmatism has done its work.

  • Accurate Information
  • Posted by Grace , Viewer on October 26, 2009 at 4:00pm EDT
  • It is sad that so many philosophies can be read into the 'rally' by the students. It is not just the money, nor the protesting, nor the mismanagement of the school by Dr. Chopper. It is the whole upper echelon of the Governing Board who closes their eyes to the lies and machinations of the Chopper regime and VPs who have been blindly following the directives without questioning Dr. Choppers demands for fear of losing their jobs. The students have been adversely affected and instead of being a two-year school, are now in a four-year school in order to finish their associate's degree. There is no excuse for hurting the students.

    Yes, there have been budget cuts. However, how about leading by example? How about instead of just cutting the faculty, student classes, and laying-off classified, the VP's and Pres take a salary cut to show solidarity in their leadership toward this campus? Dr. Chopper was very disdainful when he was given a lousy $15,000 raise. He thought it was an insult and punitive. That money could have gone towards the students education and classes. His hiring of new administrative positions that did not need to be filled could have also gone to more education and filling of classes for the students.

    I hope others continue to see that the faculty have tirelessly continued to fight for the student's educational needs to make sure that they are heard and not just slashed from their classes as part of the unnecessary shredding of valuable transfer courses.

  • George has some of it right
  • Posted by Somebody Else , Average Worker at Another Community College on October 26, 2009 at 5:00pm EDT
  • It's not always pleasant to see the reliable responses come out.
    One person (Adjunct George) points out that "The Emperor Has No Clothes" and the rest of the group jumps on him mercilessly, without even a hint of debate.
    John proves the point when he uses terms like, "...conservative politics and generalized hatred of unions...." When you can't definitively discount one side of the argument with facts, be sure to attack a perceived political stance. That ALWAYS works to deflect from the discussion.
    If anybody has "drunk the Kool-Aid", it would seem to be the very people George talks about with regards to our budget crisis.
    Refute this statement, if you can: "When you increase tax on business, business will either pass the cost on to consumers (which decreases the value of the dollar, making people spend less and decreasing revenue to the state), lay people off (which increases unemployment and decreases revenue to the state), move out of the state (a direct loss of revenue to the state) or some combination of the three in order to stay competitive."
    Our most recent tax increase from the Governor resulted in DECREASED revenue from tax receipts. A direct throwback to a historical perspective. President Reagan, on 8/13/81, signed the largest tax cut in U.S. history and launched one of the longest periods of economic boom ever.
    I'm not suggesting a zero tax on business, just not the usual historical mistake of "Hike it again! Let's punish those obscene profiteers!" like we've done in the past. Pay attention to history and we can avoid the mistakes of the past rather than simply belittling the comments of those you disagree with on an ideological level.

  • Who has the sword?
  • Posted by Bonafide on October 26, 2009 at 5:00pm EDT
  • Most SWC employees and students are not going to go silently into the night. If Chopra follows his historical career path, he will not come back from his extended vacation, grab his lifelong perks and escape into the sunset muttering something about the ungrateful idiots he left behind. What used to be free speech and creative dissension now has become a war. As far as reasonable, honorable and brave people are concerned, "GAME ON" Every time we are unfairly oppressed more of us we will rise until the numbers are impossible to ignore and at some point we will overcome. "BRING IT ON"

  • Perspective.
  • Posted by Ararat on October 26, 2009 at 6:00pm EDT
  • Yeah. The move on the part of the President was really dumb and Chopra probably needs to go. But the protest was pretty dumb, too.

    Gee. Cutting classes because there is no money? Why doesn't the Union offer to let professors teach more sections and classes for a temporarily lower salary.

    That just might increase tuition income. Might even save a job or two, eh? That would be the professional way to act. But then, Unions are trade organizations and not all that professional.

  • Been there, done that
  • Posted by Merlin on October 26, 2009 at 9:15pm EDT
  • Well Ararat, faculty did take a 2 percent cut a few years ago in order to save classes, jobs, money, etc. It was a result of the union and administration actually working together to solve a crisis. Professionalism and cooperation on display and working for the common good. And all that from a UNION! Chopra and these authoritarian tactics are exactly why unions are important.

  • Another Petty "Why Didn't the Faculty Sacrifice" Screed...
  • Posted by Nickolas , None at None on October 26, 2009 at 10:00pm EDT
  • Ararat, as one who attended that last Board meeting - and not as an educator of any sort, or as a student, but as interested public - I can assure you, the faculty DID offer to take the blow for the students.

    In fact, more than 20 different professors spoke, bringing more than a dozen different suggestions. Ideas were floated that ranged from "unpaid furloughs" to "a pay cut across the board for faculty."

    Though you clearly don't care about the truth, let me inform you that every professor there was willing to do that to keep the students in their seats.

    When the Board finally let them speak, and the last one took their seat, Board member Nick Aguilar put a motion on the table (seconded by the student rep). That motion was NOT to stop the cutting classes, but simply to hold a meeting ASAP to DISCUSS some of the options discussed.

    The rest of the board voted it down; they wanted NO discussion.

    Do not take the position that the faculty don't want to accept a cut in their salaries; almost all of them would. They weren't given the CHANCE to. Since their opportunity to make the offer was removed, they are forced to simply support the protesting students.

    It is my blog that this page links to at the top. Those facts are on display pretty much there and everywhere else. I'm not sure why certain people keep trying to blame the faculty for being greedy, when - in this case, and historically - the SWC faculty are willing to do almost ANYTHING for their students.

  • From one of the suspended faculty
  • Posted by Janet , Professor of Mathematics at Southwestern College on October 27, 2009 at 5:15am EDT
  • I am one of the four faculty that was placed on administrative leave. I am the immediate past president of the SWC faculty union and did not participate in the rally or the student march that followed. Yet I was suspended without any specific charges or explanation. Friday I was notified the investigation, in so far as I am concerned, was completed and that I should return to work on Monday, October, 26.

    I assure you that the faculty union did not organize the students. Student leadership does an excellent job on their own and do need, nor have they asked, for our help. My three colleagues who remain on administrative leave did not do anything that could reasonably be considered “disruptive behavior”.

    We, students and faculty, are unhappy because the Governing Board reserve now has $13 million, of which $2 million of the reserves are restricted. The remaining $11 million is at least double of the Chancellor's office recommended minimum. As was brought up, faculty would consider options to keep the more class sections open, but the decision to cancel 25% of our spring schedule was done without our input. There was no opportunity for dialogue and no explanation was given as to why other options were not considered.

    It sad that disagreeing with the administration can get you suspended from your teaching duties. These faculty have no access to their email and their students are left in a lurch. So despite the name calling that comes our way, we will continue to fight the good fight.

  • Posted by D. Emily Hicks , Professor at Chicana/o Studies and English and Comp. Lit. on October 28, 2009 at 10:30pm EDT
  • Janet, one of my students in the Chicana/o Studies class I teach (Multicultural Philosophy) showed us videotapes of student-organized budget-cut actions at UC Berkeley (1000 students were involved) over the weekend. One of the placards read "I Can't Afford to Go to College." I am using this venue (Inside Higher Ed) to get info out, because we aren't getting much info here locally and many faculty are cautious right now. I talked to the students about what was going on at Southwestern. I have invited my students to attend an event on cut-backs to be held on Monday, November 2, 7-9 PM at UC San Diego, Visual Arts Facility, Performance Space. I attended a student organized rally about CSU cutbacks over the summer in Long Beach. I also attended the meeting at Hoover High about the new admissions policy at SDSU. We need to work together, inside and outside of unions, to fight the good fight in the UC, the CSU and the community colleges, and faculty working in all three systems need to stand up for the suspended faculty at Southwestern.