Janice Lozano
There have been several instances of students reporting university professors for racism, with varying outcomes. While it is challenging to successfully report a tenured professor for racism, it is not impossible. In one case, a professor was dismissed for using the N-word towards a Black student. In another instance, a professor faced no consequences for using the same racial slur. Students have also reported professors for creating racially biased atmospheres in their classrooms, with some professors changing their behaviour after being called in by higher-ups. Additionally, there are cases of professors facing backlash for their comments, such as Professor Jack Lipton, who faced a smear campaign by university trustees urging students to call him racist. Lipton filed a lawsuit against the trustees, which was allowed to move forward by a federal court, highlighting the complexities of free speech and academic freedom in universities.
| Characteristics | Values |
|---|---|
| University professors being called racist by students | Students have reported professors for racism, with varying levels of success. Some professors have faced consequences, while others have not. |
| University professors calling students racist | There are no explicit examples of professors calling students racist, but professors have been disciplined for using offensive language or engaging in discriminatory behavior. |
| Legal implications | Professors and students have filed lawsuits related to accusations of racism, citing free speech, harassment, and violation of First Amendment rights. |
| Institutional response | Universities have varying responses, including investigations, resolutions, and awards for professors. The process is often slow, and offices of equity and diversity may protect the institution rather than individuals. |
| Impact on individuals | Accusations of racism can have personal and professional consequences, including trauma, bullying, and damage to reputation. |
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What You'll Learn
Students' right to free speech
Students have the right to express themselves freely, both inside and outside the classroom. This encompasses their views, beliefs, and opinions, which they are entitled to share without fear of retribution or censorship. However, it is important to note that free speech does not grant students the right to harass, discriminate against, or infringe upon the rights of others. Schools are obligated to provide an environment free from discrimination based on race, colour, national origin, disability, or gender identity.
In the context of university professors and allegations of racism, it is important to examine the specific circumstances and the impact on students' rights. While professors have the right to express their views, they must do so within the boundaries of respect and without abusing their positions of authority. If a professor's expression is deemed to create a hostile environment for students, it may cross the line into harassment or discrimination, which is not protected speech.
In the case of Professor Jack Lipton at Michigan State University, he faced accusations of racism from students, allegedly instigated by university trustees. Lipton's use of the word "mob" in a public comment sparked controversy, leading to allegations of "racial terrorism" and "racism and violent language" from student organisations. While Lipton apologised for any unintended racial connotations, he asserted his right to free speech as a private citizen, critiquing the behaviour of a public official. The court recognised his comment as "speech regarding matters of public concern," highlighting the protection afforded to faculty members when speaking on such issues.
This incident underscores the complexity of navigating free speech rights in academic settings. While students have the right to express their concerns and hold professors accountable, it must be done without resorting to smear campaigns or infringing on the professor's right to express their views as a private citizen. Ultimately, academic institutions should strive to create an environment that encourages open dialogue, respects differing opinions, and upholds the rights of all individuals involved.
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Academic freedom
Faculty members are entitled to freedom in research and the publication of results. However, academic freedom does not mean that faculty members can teach or publish whatever they want without repercussions. They are still subject to professional ethics, professional competence, and collective responsibility. For example, a faculty member must follow regulations on human subject research and is evaluated by their colleagues in their research and teaching.
Extramural speech, or speech by faculty members as citizens, is a controversial aspect of academic freedom as it may not relate to their disciplinary expertise. While faculty members are free from institutional censorship or discipline when speaking as citizens, they are expected to strive for accuracy, exercise restraint, respect the opinions of others, and clarify that they do not speak for the institution.
In the context of a university professor calling a student racist, academic freedom may apply if the professor's statement was made as part of their academic inquiry, teaching, or participation in institutional governance. However, if the statement was made in a way that violated professional ethics, such as using targeted racial slurs or insults, it could fall outside the scope of academic freedom and lead to disciplinary action.
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Protected expression
While there is no explicit determination on whether a university professor is allowed to call a student racist, there are certain protections in place for faculty and students that may come into play in such situations.
The First Amendment protects the speech of both students and faculty, even if it is offensive or uncomfortable. This protection extends to speech on matters of public concern, such as raising state university ethics violations. However, the conduct must not be egregiously harmful, threatening, or involve speech not protected by the First Amendment. For example, the use of targeted racial slurs or insults by a professor would not be protected expression and could result in disciplinary action or removal.
In the case of Professor Jack Lipton at Michigan State University, he faced a lawsuit from two trustees who allegedly urged students to call him racist and provided them with specific language to paint him as such. Lipton's lawsuit claimed that his freedom of speech was violated, and the court allowed it to move forward, recognising that his original comment, though offensive to some, was made as a private citizen and pertained to a matter of public concern.
It is important to note that universities have their own policies and procedures for handling complaints of racism or offensive speech. Students who feel that a professor has engaged in racist behaviour or targeted racial insults should first try to address their concerns directly with the professor. If the professor is unresponsive or the issue persists, students can escalate the matter to the appropriate university authorities, such as the dean or a bias response team, and provide evidence to support their claims.
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Offensive speech
While offensive speech by a university professor may be upsetting, it is often a form of protected expression. Universities uphold the principle of academic freedom, and the bar for disciplining or removing faculty on the basis of speech is set very high. Moments of discomfort caused by offensive speech can be instructive and part of the learning process.
However, if a professor has used targeted racial slurs or insults, students should feel empowered to inform the dean or a bias response team, if one exists. Students should also be aware of the school policy and be prepared to present evidence of the professor's offensive behaviour. The process of reporting a professor for offensive speech or racism can be slow and traumatic, and universities often fail to adequately address the issue.
In the case of Professor Jack Lipton at Michigan State University, he sued two university trustees who allegedly urged students to call him racist and told them how to phrase it. Lipton's lawsuit claimed that the trustees attacked him for a comment he made as a private citizen and that his speech was protected under the First Amendment as it critiqued the behaviour of a public official.
In another example, a professor at an unnamed university was reported for only reporting people of colour for plagiarism and refusing to answer questions asked by non-white students. The Associate Dean was receptive to the report and the professor changed her behaviour the same day. This example demonstrates the importance of reporting offensive speech or racist incidents to higher-ups in writing before speaking to the professor, as they may be more effective at addressing the issue.
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First Amendment protection
The First Amendment of the United States Constitution protects the freedom of speech, and this protection extends to university professors and students alike. However, it is important to understand the boundaries and limitations of this protection in the context of academic institutions. While a university professor may have the right to express their opinions and engage in open discourse, there are limits to what they can say without facing potential consequences.
When it comes to accusing a student of racism, a professor must be cautious and ensure that their statements are factually based and supported by evidence. Accusing someone of racism without a valid basis could potentially expose the professor to legal liability, including defamation claims. Universities typically have policies and procedures in place to handle such sensitive situations, and professors are expected to follow these protocols.
The concept of "academic freedom" is also relevant here. Academic freedom protects the rights of professors to conduct research, teach, and speak on controversial topics without fear of censorship or retaliation. This freedom allows professors to engage in open discourse and encourage critical thinking in their students. However, academic freedom is not absolute, and it must be balanced with other considerations, including the rights of students and the maintenance of a safe and respectful learning environment.
If a professor makes a statement accusing a student of racism, the context and specific facts of the situation matter greatly. For example, if the professor is presenting a good faith, fact-based assessment of a student's behavior or statements as part of a classroom discussion or academic evaluation, their speech may be protected. On the other hand, if the professor's statements are unfounded, made with malicious intent, or result in disciplinary action against the student, the student may have grounds for a legal claim or a complaint under the university's policies.
Ultimately, while a university professor has First Amendment protection for their speech, they must exercise this right responsibly and within the boundaries set by the academic institution and the law. Professors are expected to create a safe and inclusive learning environment and to treat students with respect, even when discussing controversial topics. In cases where a professor believes a student has engaged in racist behavior, there are often formal processes and channels available to address the issue appropriately, ensuring fairness and due process for all involved parties.
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Frequently asked questions
If a professor has said something in class that has offended you, consider discussing your feelings and concerns with them during office hours. If the professor has used a targeted racial slur or insult and is unresponsive to your concerns, you should inform the dean and/or report the incident to a bias response team if one exists on your campus.
The bar for discipline or removal of faculty on the basis of speech is usually set very high, in line with the principle of academic freedom. However, the university might resort to disciplining or firing the professor if their conduct was egregiously harmful or threatening or involved speech not protected by the First Amendment.
The First Amendment protects faculty when they speak as private citizens on matters of public concern. For example, raising state university ethics violations to the media.
If you are planning to report a professor for racism, be prepared to present solid evidence rather than subjective interpretations. The process of investigating and resolving such reports can be slow and traumatic for those involved.
Racist behaviour by professors can take many forms, including using racial slurs, ignoring or refusing to answer questions from students of colour, and creating a commanding yet distasteful atmosphere in the classroom.
