PROMOTINGDRAFT HIGHER EDUCATION VALUES A Guide for Discussion ACKNOWLEDGMENTS Scholars at Risk gratefully acknowledges the members of higher education communities worldwide who—through their courage and dedication—have inspired us.
We thank the Office of the Provost and New York University for hosting Scholars at Risk, the many member institutions, associations, partners, and individuals who contribute to our work, including especially the Vivian G. Prins Foundation for core support for services for threatened and refugee scholars, the National Endowment for Democracy, the Open Society Foundations, New York University, the Carnegie Corporation, Charina Endowment Fund, Stichting Polar Lights, Fritt Ord, the Microsoft Corporation, the AAUP Foundation, the Winston Foundation, our anonymous donors, the members of SAR’s Board and Ambassadors Council, and the many friends of Scholars at Risk who help us each day to protect more scholars.
This guide is the result of SAR’s working group on Promoting Values in International Partnerships. SAR acknowledges the contributions of members of the working group and participants in related workshops and discussions. Special thanks to Ilene Cohen for her assistance in preparing this publication. The content of this guide may not reflect the views of individual network members, institutions, or participating individuals. Scholars at Risk invites comments on this guide or inquiries about our work at [email protected].
December 2017
ISBN xxx-x-xxx-sxxxxxx-x
© Scholars at Risk, Inc., 2017.DRAFT All rights reserved.
For use or information, contact Scholars at Risk at [email protected].
2 | SCHOLARS AT RISK NETWORK PROMOTING HIGHER EDUCATION VALUES A Guide for Discussion
CONTENTS About This Guide...... 4
Unit 1: What Are “Core Higher Education Values”?...... 6
Unit 2: Lines, Line-Drawing, and Consequences...... 8
Unit 3: Promoting Values...... 13
Unit 4: Defending Values...... 20 References...... 26 SAR Publications & Materials...... 27 DRAFT
protecǎon advocacy learning
GUIDE TO PROMOTING HIGHER EDUCATION VALUES | 3 ABOUT THIS GUIDE This guide is intended to frame and facilitate commodification of knowledge, so-called discussion about higher education values disruptive technologies, and more. These and their implementation in a wide range risk squeezing out core values, not because of settings. It starts from the view that of hostility, but because of the complexity healthy higher education communities of implementing them in widely varied matter enormously. They are engines settings. This is especially true in higher of knowledge production, discovery, education, as institutions embrace cross- innovation, skills development, cultural border partnerships ranging from simple preservation, and national progress. research exchanges to branch campuses But to be healthy, higher education that can not only offer many positive communities must be grounded in core opportunities but also pose challenges for values—equitable access, accountability, institutions, scholars, and students working academic freedom, institutional autonomy, in or with institutions and people from and social responsibility. Where these places where higher education values are values are respected and flourish, not well understood or respected.1 higher education communities not only contribute necessary skills and services This guide aims to assist states, higher to society but also maximize the capacity education institutions, leaders, scholars, of individuals to think for themselves and staff, and students as they wrestle with make informed, creative contributions to these challenges, and in the process it hopes their own lives as well as to the lives of to help them avoid twin traps. The first is others. Without these values, the provision neglect, the tendency to avoid wrestling of higher education and the perceived with complex and often competing values social, political, and cultural functions claims among the range of higher education of higher education narrow. Attempts stakeholders by limiting mention of values to to broaden these can be interpreted by general statements of support for academic some as destabilizing—triggering violent freedom and autonomy, without developing attacks, coercion, politicization, and undue any practical procedures for implementation. external interference with higher education When the inevitable values-related incidents communities. Security suffers, and with it so arise—and they do—stakeholders are left does the quality of teaching and research. seeking solutions after the fact, often Moreover, quite apart from such violent under time or other constraints, with little or coercive pressures, higher education consensus or social or political capital to call communities today are underDRAFT enormous upon. An example of neglect might be an structural and competitive pressures arising overseas teaching program involving faculty from globalization, commercialization, from both partner institutions that is silent
4 | SCHOLARS AT RISK NETWORK as to whether academic freedom principles workshops, and other public and apply equally to faculty from the overseas private settings. and the local institutions. This guide does not offer specific answers his guide urges proactive to values questions or specific responses to any particular incident. Rather, it suggests “T examination of values a framework for analyzing situations and issues and the development of for constructive dialogue about values “ritualizing” practices that can and values-related incidents. It also invites cooperation in developing a larger menu of build respect and understanding.” possible actions aimed both at proactively developing values cultures and norms Neglect often leads to the second trap, of of practice and at fostering informed oversimplification, where actors confronting responses to incidents when they arise. a values-related issue privilege one value over all others, eroding the legitimacy of This guide draws on Scholars at Risk’s outcomes. An example of oversimplification extensive casework and monitoring might be a student movement demanding activities, its network of partner institutions more equitable access to higher education and researchers worldwide, and invaluable but adopting tactics that undermine the input from participants in an international physical safety of campus communities, consultation group convened by SAR inviting security responses that erode with representatives of higher education institutional autonomy. institutions and associations in every region of the globe, including many persons with In place of these, this guide urges proactive direct involvement in international higher examination of values issues and the education programs. The information development of “ritualizing” practices presented does not necessarily reflect the that can build respect and understanding. views of any SAR members, partners, or It suggests frameworks for exploring consultation group members. Scholars at multilayered values issues and urges the Risk invites comments and in particular development of a wider range of responses suggestions for future revisions of this to incidents. A companion publication, guide, including, especially, additional Promoting Higher Education Values: questions for discussion, case examples, Workshop Supplement, includes sampleDRAFT exercises, and model language or practices. exercises and questions for discussion, for use by individuals or in guided seminars,
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GUIDE TO PROMOTING HIGHER EDUCATION VALUES | 5 UNIT 1: WHAT ARE “CORE HIGHER EDUCATION VALUES”? Scholars at Risk’s understanding of higher education values is informed by international human rights law2, UNESCO instruments,3 and related civil society statements,4 which collectively identify five core values: equitable access, accountability, institutional autonomy, academic freedom, and social responsibility.
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ACADEMIC FREEDOM INSTITUTIONAL AUTONOMY The “freedom of teaching DRAFTand discussion, The degree of self-governance necessary freedom in carrying out research and for effective decision-making by higher disseminating and publishing the results education institutions and leaders thereof, freedom to express freely regarding their academic work, standards, opinions about the academic institution management and related activities or system in which one works, freedom consistent with principles of equitable from institutional censorship and access, academic freedom, public freedom to participate in professional or accountability, and social responsibility. representative academic bodies.”5
6 | SCHOLARS AT RISK NETWORK SOCIAL RESPONSIBILITY DON’T WE NEED MORE PRECISE DEFINITIONS? In higher education, this is the duty to While consensus on a general meaning of each core value is use the freedoms and opportunities important, a perfectly precise definition is neither possible nor afforded by state and public particularly desirable, given the wide range of higher education respect for academic freedom and systems, institutions, and local conditions. More important is institutional autonomy in a manner an understanding of the interrelatedness of each value with the consistent with the obligation to seek others and a good faith application of the general meaning to and impart truth, according to ethical the conditions experienced in a given case. Rather than focus and professional standards, and to on binary questions (Is conduct X included in value Y?), which respond to contemporary problems risk oversimplification, better understanding may result from exploring interrelatedness of the various values (e.g., “What is and needs of all members of society. the impact of conduct X on respect for core values?”).
EQUITABLE ACCESS Entry to and successful participation in higher education and the higher WHAT ABOUT OTHER, RELATED VALUES? education profession is based on merit The five core values listed are not an exhaustive list but are and without discrimination on grounds rather a set of broad categories, each of which may implicate of race, gender, language or religion, other values concerns. For example, integrity in research, or economic, cultural or social governance, and management is essential to higher education distinctions or physical disabilities, and should be understood as included within the meaning of and includes active facilitation of academic freedom, institutional autonomy, and accountability, access for members of traditionally respectively. Similarly, general antidiscrimination principles underrepresented groups, including should be understood as included within the meaning of indigenous peoples, cultural and equitable access and social responsibility. linguistic minorities, economically or otherwise disadvantaged groups, and those with disabilities, whose ARE CORE HIGHER EDUCATION VALUES participation may offer unique HUMAN RIGHTS? experience and talent that can be of Much of the meaning of the core values listed would be great value to the higher education covered by international human rights standards, while other sector and society generally. elements may depend more on generally accepted good practices. Claims of violations of equitable access or academic ACCOUNTABILITY freedom, for example, might be sustained under existing human The institutionalization of clear andDRAFT rights law protections for the right to freedom of opinion and transparent systems, structures or expression, the right to education, or the right to freedom mechanisms by which the state, from discrimination based on age, gender, religion, race, or higher education professionals, other grounds. Claims of violations of institutional autonomy staff, students and the wider society or accountability may more often depend on domestic legal may evaluate—with due respect for or policy protections, buttressed by internationally recognized academic freedom and institutional good practices. But even these may trigger human rights autonomy—the quality and protections, given the interrelatedness of all five values, if the performance of higher education conduct in question also impinges on other values areas. For communities. example, a decision by a state to close a university because of budget or management concerns may not trigger human rights protections that may be implicated if the closure were instead intended to punish peaceful academic or student expression.
GUIDE TO PROMOTING HIGHER EDUCATION VALUES | 7 UNIT 2: LINES, LINE-DRAWING, AND CONSEQUENCES Core higher education values are protected such efforts at line-drawing can be by higher education principles and harmful if they lend legitimacy, however international human rights standards. While unintentionally, to antagonists of academic these principles and standards overlap, freedom who seek to restrict inquiry and they are not the same. International human expression. A focus on line-drawing can also rights standards apply to all persons but be harmful because it obscures two more generally focus on restraining harmful state important questions, namely, “Who decides action (e.g., censorship or discrimination) or where the line, if any, lies?” and “What are encouraging state action that is beneficial the consequences for crossing the line?” to the realization of human rights (e.g., prosecuting violators or providing access hether something is to quality higher education). Human rights “academic” or “not standards alone may be insufficient to “W protect against erosion of core higher academic” would turn instead on education values that result from private, whether the inquiry or expression is nonstate action or from legislative or administrative actions that fall short of undertaken according to the ethical human rights violations (e.g., regarding and professional standards of the student admissions or funding of higher subject discipline, as determined by education). Higher education principles, by contrast, apply more narrowly, as higher education professionals of they are limited to those institutions and similar expertise.” individuals in the higher education sector but may provide guidance on a wider Supporters of higher education values range of operational issues (e.g., university sometimes seek to limit academic freedom governance, tenure, faculty hiring, etc.). protection to a traditional understanding Defenders of core higher education values that focuses on in-class or laboratory therefore need to consider both higher teaching and learning, academically education principles and human rights oriented research, and publication and standards to determine whether either or expression focused on exclusively academic both offer protection in a given context. audiences. This view tends to treat other DRAFTforms of expression or conduct by members The overlap of these two areas sometimes of the higher education community as leads to confusion about which forms “not academic” and therefore outside of expression or conduct are protected of the protection of higher education by which standards and, in particular, values (although still protected by human what expression or conduct should be rights standards). Attempts to distinguish considered “academic” for the purpose of “academic” from “not academic” tend to academic freedom protection (in addition focus on the context of the expression to general free expression protection). (such as academic journal articles versus This leads to attempts to draw clear lines public blogs, opinion essays, or columns between expression or conduct considered in newspapers), the format (such as “academic,” and therefore protected, and data-heavy analysis versus narrative expression or conduct considered “not commentary), or the target audience (within academic,” and therefore not protected the higher education sector versus a wider by academic freedom or other higher public). According to this view, for example, education values. While understandable, a political scientist exercises academic
8 | SCHOLARS AT RISK NETWORK freedom when publishing in an academic the “academic” from the “not academic”) is journal but does not when publishing in a the suggestion that true scholarship is more newspaper or general circulation magazine. worthy of academic freedom protection and therefore that including less traditional There are three problems with this forms of inquiry and expression under the traditional or limited view. First, this view umbrella of academic freedom might invite risks oversimplifying academic inquiry and attacks and dilute that protection overall. expression. In every discipline significant But there is little evidence that preemptively areas of academic expression have limiting the scope of academic inquiry or implications for matters of wide public expression to defined venues, subjects, or concern. Clear examples include schools audiences will enhance academic freedom of law, journalism, business, public and protection. Rather, history strongly suggests international affairs, medicine and public that accepting limits on academic inquiry health, social work, and the like. Efforts or expression undermines both academic to parse out from less clear cases which freedom and security, especially when areas of work are or are not “academic” limits are imposed from outside the higher inevitably privilege perceptions of “safe” education community. or “legitimate” areas or forms of inquiry over those that are “sensitive” or “trouble Finally, this traditional or limited view of making.” The former superficially may be academic freedom might also be seen as represented, for example, by inquiry into an abdication of the principle of social the physical or biological sciences, the responsibility: the duty to use opportunities latter, by inquiry into political science (e.g., afforded by state and public respect governance issues) or sociology (e.g., civil for academic freedom and institutional society, family, or religious issues). On autonomy to seek and impart truth and deeper examination, however, the physical respond to contemporary problems and and biological sciences may be just as the needs of all members of society. (In the likely to raise sensitive or troublesome examples above, involving complex issues issues (e.g., physics and weapons systems, like weapons of mass destruction, climate environmental science and climate change, change, pandemics, ethnic and religious and biology and infectious diseases). conflict, authoritarianism, mass human rights violations, and the like, academics Second, based in part on this DRAFThave a responsibility to do more than oversimplification, the traditional or limited merely publish findings. Rather, they have a view suggests a false security bargain. responsibility to communicate and translate Implicit in the attempt to distinguish expert findings in ways that inform public traditional scholarship from other forms of understanding and debate.) inquiry or expression (that is, distinguishing Questions to Ask When Expression or Conduct is Challenged
GOOD BETTER BEST Is it protected Who decides if the What are the academic expression expression or conduct consequences if it is or conduct? is protected? not protected?
(Where is the line, if any?) (Who decides where any line is?) (What happens if you cross the line?)
GUIDE TO PROMOTING HIGHER EDUCATION VALUES | 9 PROTECTED BY ACADEMIC FREEDOM PROTECTED BY FREE EXPRESSION (And Free Expression)