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Academic freedom issues



University standards

In 1992, the university drafted a new Statement on Academic Freedom.http://www.byu.edu/fc/pages/refmapages/acadfree.html After receiving comment from faculty and others, the document was implemented by BYU administrators on September 14 , 1992 . This document specified that: "Because the gospel encompasses all truth and affirms the full range of human modes of knowing, the scope of integration for LDS scholars is, in principle, as wide as truth itself." However, citing BYU's role as a religious institution, the document allowed limitations to be placed upon "expression with students or in public that:
#contradicts or opposes, rather than analyzes or discusses, fundamental Church doctrine or policy;
#deliberately attacks or derides the Church or its general leaders; or
#violates the Honor Code because the expression is dishonest, illegal, unchaste, profane, or unduly disrespectful of others.
"...The ultimate responsibility to determine harm to the University mission or the church, however, remains vested in the University's governing bodies—including the University president and central administration and, finally, the board of Trustees."

Also in 1992, the university began including a clause in its faculty contracts requiring LDS faculty to "accept the spiritual and temporal expectations of wholehearted Church membership". In 1993, contracts further required LDS faculty to "maintain standards of conduct consistent with qualifying for temple privileges"http://ce.byu.edu/ed/edweek/form1.pdf (referring to entry into LDS Temples , for which one must meet standards of activity and behavior in the LDS Church). In 1996, LDS faculty were required, as a condition of employment, to obtain the yearly endorsement of their local ecclesiastical leaders certifying that the faculty were temple-worthy.

BYU also does not allow off-campus groups to use the campus for protests or demonstrations. On-campus groups and students must apply for a permit.1


Northwest Association

In 1996, the Northwest Association of Schools and of Colleges and Universities (the "Northwest Association") reviewed the University's academic freedom statement and renewed its accreditation. The Northwest Association specifically approved the University's academic freedom statement. Such accreditation standards permit "religious colleges and universities to place limitations on academic freedom so long as they publish those limitations candidly."'' THE ISSUE OF ACADEMIC FREEDOM: AN INTERVIEW
WITH JIM GORDON'' {Link without Title} In addition, the Northwest Association investigated "almost all" of the allegations that the AAUP had asserted regarding other individuals, concluding that the University had not violated academic freedom.


American Association of University Professors

Like many other religious schools, BYU's academic freedom policies have been criticized by the concluding "that infringements on academic freedom are distressingly common and that the climate for academic freedom is distressingly poor."http://www.aaup.org/NR/rdonlyres/27EB0A08-8D25-4415-9E55-8081CC874AC5/0/Brigham.pdf

The AAUP report also contained, as an appendix, a response authored by the BYU administration, which argued that BYU had the right to limit academic freedom in order to preserve the religious character of the school, a right implied by a 1940 AAUP statement and generally followed until 1970. In particular, BYU compared itself to Gonzaga University, a Jesuit institution which prohibited "open espousal of viewpoints which contradict explicit principles of Catholic faith and morals." BYU also stated that the academic freedom judgement process lacked transparency and objectivity. The AAUP's decision remained, however. In 1965, the AAUP had stated that "satisfactory conditions of academic freedom and tenure now prevail at Gonzaga."2 In 1970, the AAUP had adopted a statement of ''Interpretive Comments'' in which the AAUP had stated, "Most church-related institutions no longer need or desire the departure from the principle of academic freedom implied in the 1940 ''Statement'', and we do not endorse such a departure".''The Value of Limitations'' {Link without Title} In 1998, the AAUP voted to censure BYU, and remains on a list of censured institutions together with 46 other universities.http://www.aaup.org/AAUP/protectrights/academicfreedom/censuredadmins.htm

The AAUP's refusal to accommodate religiously affiliated institutions of higher learning in connection with desires to protect religious traditions in line with its own 1940 statement - in contrast to that accommodation by the Northwest Association - has been criticized. Some suggest that BYU "should be revered" for allowing far freer discussion of religious topics than most universities.''BYU action on Jones lamented'' {Link without Title} And many BYU professors have expressed appreciation for academic freedoms at BYU that they have not experienced elsewhere.


Case studies

Soon after adopting their statement on academic freedom in 1992, BYU took actions which some have viewed as related to the implementation of the new academic freedom policy. For example, in late 1992, the university's board of trustees vetoed without comment a BYU proposal to invite Pulitzer Prize winner and Harvard University professor Laurel Thatcher Ulrich , an active feminist, to address the annual BYU Women's Conference.Wilson, Robin. (March 24, 2006). "A Well-Behaved Scholar Makes History." ''The Chronicle of Higher Education.'' v. 52 (29), page A12. {Link without Title} Since then, the University has also dismissed, denied continuing status, or censured faculty members who have taken critical positions relating to official church policy or leadership.

For example, in 1993, BYU denied continuing status to Cecilia Konchar Farr, who had publicly advocated a pro-choice position on abortion. Farr was hired as an English instructor and some felt her positions of pro-choice were irrelevant to her assignment with the school. And to David Knowlton, who had discussed the church's missionary system at an independent Mormon forum. In 1996, BYU dismissed Gail T. Houston, a feminist who advocated prayer to a Heavenly Mother , despite positive votes from her English Department and the College Committee. Also in 1996, professor Brian Evenson resigned in protest after receiving a warning from BYU administration over some violent images in one of his short stories. Most recently, in 2006, part-time faculty instructor Jeffrey Nielsen 's contract was not renewed after he wrote an op-ed piece in the June 4 '' Salt Lake Tribune '' which criticized and opposed the Mormon Church's stance on Same-sex Marriage .3 Officially, BYU spokespeople generally framed the actions in the cases of Farr, Knowlton, and Houston as relating to the quality of the professors' scholarship, and sometimes to unspecified misbehavior, rather than the controversial content of the affected professor's academic activities.4 Nevertheless, some critics viewed these dismissals as a kind of purge.

BYU's academic freedom controversy has not always been limited to religious matters. BYU placed Physics professor Steven E. Jones on paid leave in connection with an internal investigation that a paper he authored on the causes finding that the World Trade Center towers fell on 9/11 because of pre-set explosives might not have met "scientific standards of peer review" and his failure of "appropriately distancing himself" from the University in his statements regarding his explosive theory.''BYU professor in dispute over 9/11 will retire'' {Link without Title} Mr. Jones retired while the investigation was in its early stages.


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