Tag: Balancing

  • The balancing act goes on

    The balancing act goes on

    Balancing free speech and protection from harassment is a complex, evolving challenge with no one-size-fits-all solution.

    Decisions must be made based on the specific context and facts of each case.

    However, our experience shows these risks are dynamic – over time, new challenges emerge, stretching our policies, processes, and understanding. The question for HEIs then, is how to navigate such a landscape.

    Recently, OfS’ Regulatory Case Report for the University of Sussex has sparked extensive commentary. Jim Dickinson, in multiple articles on Wonkhe, has explored its implications for effective regulation, rightly emphasising the crucial role of collaboration and trust.

    Efficiency is the watchword of the day and the approach in the case report risks fostering a more expensive American-style adversarial legalism. But the stakes are higher than just the streamlined effectiveness of our regulatory system.

    The rights, experience and outcomes in education and career for HE students and staff often depend on our approach and decisions in these critical cases.

    Challenges and priorities

    The UK higher education sector has faced a significant challenge. Free speech has at times been overlooked in our policies and work, especially in areas of equity, diversity, and inclusion.

    The policy template in the Sussex case report was drafted by one of Advance HE’s predecessor organisations, the Equality Challenge Unit. However, the sector now shows a shared intent to prioritise free speech. Universities UK states:

    “It’s absolutely essential that universities uphold freedom of speech and academic freedom, and they are legally bound to do so. Universities must also create an environment where all people can work and learn together.

    There is increasing clarity on the “presumption in favour of free speech” in UK law and in higher education practice. This is evident in relation to free speech and protected beliefs, such as in the recent Court of Appeal judgment in the Higgs case, as well as in areas like Prevent and institutions’ responses to protests on Israel/Gaza.

    We would benefit from more openly recognising this shared intent and commitment to free speech and academic freedom. However, the answers to many of the difficult cases and questions that arise in these areas are not settled.

    New incidents will create different circumstances and illuminate different boundaries of law and regulation, and there will be new court cases and judgments to learn from (such as the Supreme Court ruling on the definition of a woman in the Equality Act 2010).

    We will continue to grapple with the challenging interplay between free speech, inclusion, and harassment. This tension is now explicit in the OfS regulatory framework, particularly between freedom of speech and Condition E6 on Harassment and Sexual Misconduct.

    The most important decisions about free speech and inclusion happen in our classrooms and offices. Academics navigate contentious topics and sensitive discussion, while managers respond to concerns about speech and harm, or debates that turn into allegations of harassment.

    These decisions are often uncertain, taken in individual contexts without clear legal precedent or direct policy instruction. Our staff and students therefore depend on our collective ability to make reasonable and proportionate decisions in heated, highly contextualised, and risky environments.

    These challenges are dynamic and will continue to evolve. Many HE policies and solutions from five or ten years ago are not fit for purpose now. We would be naïve to think our current approaches will not again need to evolve to meet future circumstances and challenges.

    How then can we ensure the rights to free speech and protection from harassment are upheld for staff and students under these circumstances?

    The way ahead will require proactive leadership, horizon scanning, and a willingness to collaborate and innovate in sensitive areas.

    Collaboration is key

    OfS itself has emphasised the importance of collaboration. Arif Ahmed, the Director for Freedom of Speech and Academic Freedom at OfS, noted:

    “I believe that there is much to be gained from collaboration with [the sector] on these important issues. I am therefore keen to engage with stakeholders now on the most effective ways to approach the promotion of freedom of speech.

    As a sector, we need to work collaboratively to find opportunities for innovation and allow UK higher education to experiment at the edges of promoting and protecting free speech while openly addressing clear instances of unlawful harassment. UUK, GuildHE and Advance HE alongside many individual institutions have been proactive recently in creating spaces for discussion and practice in balancing free speech and inclusion.

    We are not alone in this challenge. Other nations and HE sectors have similar values and intent but slightly different legal frameworks. The recent Hodgkinson Review from the University of Sydney demonstrates the potential that a more global conversation might offer to horizon scanning and innovation in the UK.

    Beyond collaboration, innovation and horizon scanning, securing free speech and protection from harassment will test institutional resilience to difficult and complex cases. This will require institutional competence, but more importantly, any long-term success demands individual capacity and judgment from academics and staff.

    One-off training programs will be quickly outdated. Staff will be more effective engaging with policies in context, with clear opportunities to escalate challenges and receive responsive feedback and support. Leaders and front-line staff will need to be supported to engage with and share learning from the most complex cases.

    The approach to regulation demonstrated by the Case Report on Sussex encourages institutions to prioritize free speech and embed it into policy and practice. But this is already well understood and underway. What the Case Report won’t do is encourage institutions to step into difficult and complex cases more openly and engage in challenges that don’t have clear answers.

    The hazard here is the possibility of an environment where HEIs and staff may feel compelled to remove risk from engagement with speech. Staff and students might avoid contentious topics in research and teaching and withdraw from activities where there are concerns about harassment and discrimination. This would limit the innovative and provocative speech we should protect and undermine our ability to add value at the boundaries of societal debate.

    New regulation, such as the complaints scheme, could be a powerful mechanism for horizon scanning and supporting learning and consistent practice across institutions. To build a more robust approach to free speech in UK higher education, we need more collaboration and trust, and to build on our shared commitment to free speech and protection from harassment.

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  • Balancing Structure and Emergence in Teaching – Teaching in Higher Ed

    Balancing Structure and Emergence in Teaching – Teaching in Higher Ed

    Throughout my teaching career, I’ve often swung between two extremes when it comes to structure and flow. At times, I’ve been highly structured and organized—a good thing, but one that can become limiting when I miss what’s emerging in the moment. On the other end of the spectrum, if I lose track of the overall goals of a session or workshop, I risk not meeting my commitments or aligning with participants’ expectations. It also creates challenges for the broader structure of the course or event—whether it’s a class within a degree program or a workshop designed to support a university’s teaching and learning goals.

    Mia Zamora discusses this tension on Episode 475 of Teaching in Higher Ed: Making Space for Emergence. In the interview, she describes how we can create “buckets” to hold topics that we can explore together, which is especially helpful for the kind of class content that will be responding to what’s happening in an internal or external context, for example. In my business ethics class, we analyze news stories weekly, and there’s a “bucket” where our reflections and analysis can be placed.

    Alan Levine has co-taught with Mia previously and they both talk about courses having “spines” to keep the needed structure. You can see an example of their #NetNarratives class spine mid-way through Alan’s blog post: My #NetNar Reflection. On Episode 218, Alan discusses the importance of giving people opportunities to explore, as part of their learning. He shares:

    You get better by just practicing. Not rote practicing, but stuff where you’re free to explore.

    Speaking of exploring… I just went to visit Alan’s CogDogBlog – and discovered a recent post with “one more thing about podcasts” where he talks about a cool podcast directory that I wasn’t aware of… and ways of sharing one’s podcast feed with others. Now it is taking every ounce of discipline not to go down the rabbit trail of discovering more. But I leave for Louisiana in three days, the semester starts tomorrow, and I have a 5:30 AM keynote on Tuesday morning. All this to say, I had better behave myself and share a few more things about facilitiation I’ve been thinking about, as I prepare for those adventures.

    Two Additional Approaches for Managing the Tension Between Structure and Flow

    Over time, I’ve discovered two other helpful strategies for balancing structure and in-the-moment flexibility. These tools and insights have transformed how I prepare for and facilitate learning experiences.

    1. SessionLab: Visualizing and Adjusting the Flow

    A while back, I discovered a tool called SessionLab, and it’s become a game-changer, especially when preparing workshops. It helps me create a “run of show” document—something Kevin Kelly has discussed both on Episode 406: How to Create Flexibility for Students and Ourselves, as well as in his book on flexibility in teaching: Making College Courses Flexible Supporting Student Success Across Multiple Learning Modalities. A run of show outlines the timing, activity titles, descriptions, and any additional information for a session, helping me stay on track while leaving space for flexibility.

    SessionLab allows me to break down a workshop or class into blocks of time and activities. Though it includes a library of standard activities, I mostly use it to map out my own. One of my favorite features is the ability to highlight sections in the “additional information” column. This has been a game-changer for virtual facilitation. For example, when sharing resources or instructions during a Zoom session, I pre-highlight key content so I can easily copy and paste it into the chat in real time.

    Beyond that, the tool allows you to color-code blocks to visually assess the balance between different types of learning activities—like how much time you’re spending on lecture versus active learning. It even lets you generate a PDF version for offline reference.

    This morning, I was preparing for Tuesday morning’s keynote and realized (yet again) I’d tried to squeeze too much into my allotted time. SessionLab helped me get realistic about pacing, build in breathing room, and ensure space for those organic moments that make these moments of learning in community so powerful. After all, if everything were going to be rigidly planned, why not just record a video and skip live interaction altogether?

    If you’re looking for a tool to help you balance structure with flexibility, I highly recommend giving SessionLab a try.

    2. Padlet: Unlocking a Hidden Feature for Better Facilitation

    The second resource I want to highlight is in an upcoming book by Tolu Noah on facilitation: Designing and Facilitating Workshops with Intentionality: A Guide to Crafting Engaging Professional Learning Experiences in Higher Education. I had the privilege of reading an advance copy, and it felt like every page introduced me to a new tool or a fresh way of thinking.

    One of many insights that stood out was a feature I hadn’t realized existed in Padlet, a virtual corkboard I already use often for collaborative activities. Tolu explained that you can create breakout links to share just a single column from a Padlet board rather than the entire board.

    This has been incredibly helpful for making my Padlet boards more user-friendly. Before, when I shared an entire board, participants sometimes found it visually overwhelming—unsure where to post their contributions. Now, if I’m running an activity with multiple columns (e.g., ideas related to sustainability in one, corporate social responsibility in another), I can send a direct link to the specific column where I want participants to share. It simplifies the process and improves clarity for everyone.

    When Tolu Noah’s book comes out, I can’t recommend it enough—it’s packed with facilitation wisdom and practical strategies for creating more engaging learning environments.

    Resources

    Here’s a summary of the tools and people mentioned in this post:

    • Episode 475 with Mia Zamora
    • Episode 218 with Alan Levine
    • SessionLab – A tool for creating run-of-show plans, structuring workshops, and balancing structure with flexibility.
    • Kevin Kelly – Educator and author who explores flexibility in teaching and learning; referenced for his insights on “run of show” documents.
    • Making College Courses Flexible Supporting Student Success Across Multiple Learning Modalities – Kevin Kelly’s book: “Addressing students’ increasing demand for flexibility in how they complete college courses, this book prepares practitioners to create equivalent learning experiences for students in the classroom and those learning from home, synchronously or asynchronously.”
    • Padlet – A virtual corkboard tool for collaborative activities, with a feature for sharing breakout links to individual columns.
    • Tolu Noah – Educator and author of a forthcoming book on facilitation, emphasizing practical strategies for inclusive teaching.
    • Designing and Facilitating Workshops with Intentionality: A Guide to Crafting Engaging Professional Learning Experiences in Higher Education – Tolu Noah’s forthcoming book: “Workshops are one of the most frequently used forms of professional learning programming in higher education and beyond. However, in order for them to have a meaningful impact, they must be crafted with intentionality. Designing and Facilitating Workshops with Intentionality_ offers practical guidance, tools, and resources that can help you create more engaging, enriching, and effective workshops for adult learners.”

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