Tag: racist

  • After Michigan State trustees told students to call professor a racist, his lawsuit is moving ahead

    After Michigan State trustees told students to call professor a racist, his lawsuit is moving ahead

    Professor Jack Lipton scored a victory for free speech last week after a federal court allowed his lawsuit to move forward against two Michigan State University trustees who he claims not only urged students to call him racist, but told them how to phrase it.

    In his lawsuit, Lipton alleged that two trustees, Rema Vassar and Dennis Denno, met with MSU students, encouraged them to file complaints against Lipton with MSU’s internal civil rights office, and asked students to condemn Lipton as racist in public statements, op-eds, and on social media. MSU hired the law firm Miller & Chevalier to conduct an independent investigation, producing a report you can read online. According to Lipton, it found that Vassar and Denno planned the attacks and even provided others with specific language to paint Lipton as racist, anti-Palestinian, and anti-Muslim.

    For example, in one recorded conversation, Denno told students, “The other thing you can do to help us is attack Jack Lipton, the Chair of the Faculty Senate . . . call him out, call him a racist.”

    What was Lipton’s “racist” crime?

    In October 2023, at a public Board of Trustees meeting that followed an open letter accusing then-BOT Chair Vassar of ethics violations, Lipton read a resolution on behalf of faculty calling for Vassar’s resignation. The meeting erupted in chaos, marked by jeers from Vassar’s supporters.

    The Constitution doesn’t cease to exist just because someone’s feelings got hurt at a trustee meeting.

    The next day, while making clear he was speaking in his personal capacity and not as a faculty representative, Lipton told a reporter that Vassar could have stopped the chaos of the meeting with “a single statement … yet she elected to let the mob rule the room.”

    That single word — mob — triggered what Lipton describes as a coordinated retaliation campaign by Vassar and Denno.

    Lipton apologized for using the word “mob,” as well as for any unintended racial undertones, but did not stop calling for accountability over Vassar’s alleged ethics violations — and he says Vassar and Denno’s harassment of him continued.

    In November 2023, the NAACP Michigan State Conference Youth & College Division released a statement accusing Lipton of “racial terrorism.” Also that month, the organization Diverse: Issues In Higher Education published an op-ed arguing that Lipton had used the word “mob” because he wanted to traumatize black and Palestinian students. At a BOT meeting that December, Denno read a statement accusing Lipton of “criminalizing students” and described his use of the word “mob” as “racism and violent language.”

    What’s more, even though the board eventually voted to censure both Vassar and Denno, as advised by investigators for a range of misconduct including their attacks on Lipton, Vassar didn’t stop there. At a meeting in September 2024, she mocked Lipton and questioned his right to speak on matters of civil discourse, which he cites as yet another effort to chill his speech.

    In language as dry as it was devastating, the court summarized the allegations that these trustees abused their power to carry out what amounts to a smear campaign. Lipton claims that Vassar and Denno “used their positions as BOT members to attack Lipton for the comment he made as a private citizen” and “used their BOT pulpit to funnel adverse action towards Lipton via proxies, leveraging their BOT membership to speak through students, supporters, and members of the public.”

    The court also noted that Lipton’s original “mob” comment was “speech regarding matters of public concern,” as it critiqued the behavior of a public official at a public meeting, and Lipton made the remark as a private citizen. The First Amendment protects faculty when they speak as private citizens on matters of public concern, such as raising state university ethics violations to the media, as Lipton did.

    UPDATE: Another federal appeals court backs academic free speech for public employees

    After FIRE secured a lawyer for a law professor at the University of Illinois Chicago, the school reached a resolution but later reneged on the deal. That’s when the professor sued.


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    While the court dismissed MSU and its Board of Trustees as defendants, Lipton is now free to pursue his claims against Vassar and Denno themselves — and they have not exactly covered themselves in glory. The university investigation that recommended their censure found that Vassar had taken courtside tickets and free flights while Denno had pressured consultants reviewing MSU’s response to the 2023 mass shooting on campus to tone down any criticism of the trustees. In fact, just this week, Gov. Gretchen Whitmer declined the MSU board’s official request to remove Vassar and Denno, though the governor’s counsel said this “by no means indicates a condoning of the conduct alleged in the referral.” Vassar and Denno may have retained their seats on the board, but they are hardly out of the woods. 

    Now, Lipton’s case moves to discovery, where we’ll get a closer look at how MSU’s top brass reacted when a faculty member stepped out of line by doing his civic duty, and potentially to trial. While this week’s court decision is far from a final ruling, it shows the court believes Lipton’s allegations deserve to be heard, and it’s a reminder that the Constitution doesn’t cease to exist just because someone’s feelings got hurt at a trustee meeting.

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  • Prof. says he was fired for email calling U.S. racist, fascist

    Prof. says he was fired for email calling U.S. racist, fascist

    After Donald Trump was elected president in 2016, some faculty canceled classes to allow themselves and students time to process a result that shocked the media and academe.

    Campus responses to Trump’s re-election in November seemed more muted. But at Millsaps College, a private Mississippi institution of roughly 600 students, James Bowley said he canceled his Abortion and Religions class meeting the day after the election.

    Bowley, a tenured religious studies professor, told Inside Higher Ed the class had only three students, and he knew they were upset about Trump’s re-election. He said he sent them an email with the subject line “no class today” and one line of text: “need time to mourn and process this racist fascist country.”

    For what he wrote in that email, Bowley said, the college swiftly barred him from campus and, on Tuesday, fired him—ending his more than 22 years of employment. He’s now fighting to get his job back and said he remains on the payroll while he appeals to the institution’s Board of Trustees.

    “This seems to me like the very definition of censorship, and of course it will make every single faculty member fearful of the administration, fearful of sharing their own opinions,” Bowley said. “There are hundreds of historians who would say that the election was a victory for fascism and racism,” he added.

    The college didn’t provide interviews Thursday and didn’t answer written questions. The situation appears to be another example of faculty members being punished for commenting on current events—but this time involving communication to a small group of students, according to Bowley. The Foundation for Individual Rights and Expression, a free speech and academic freedom advocacy group, is pushing for Bowley’s reinstatement.

    “This is absolutely absurd,” said Haley Gluhanich, a senior program officer in FIRE’s campus rights department. She said that when Bowley was initially suspended, “he was charged with an offense that does not exist in any of the handbooks, so they completely just made up a violation of policy.”

    The Email Gets Out

    Bowley said one of the students who received the email shared it on Instagram, approvingly, but another student whom he doesn’t know reported it to administrators. Bowley said he got a call from interim provost Stephanie Rolph on Nov. 7, the day after he sent the email, saying he was being placed on leave for it and banned from campus.

    “I was shocked, I was dumbfounded, I just could not believe it,” Bowley said.

    A copy of a letter from Rolph to Bowley, obtained by Inside Higher Ed, says this leave was “pending a review of the use of your Millsaps email account to share personal opinions with your students.” In the letter, Rolph told Bowley his email account access was cut off and further told him not to “engage with students.”

    The suspension dragged on, Bowley said, and three weeks in he filed a grievance against Rolph—which led to a hearing. Then, on Dec. 27, a grievance panel composed of three faculty members ruled that Bowley should be reinstated, according to a copy of the ruling that FIRE provided.

    “We recognize that Dr. Bowley has, on multiple occasions, shown poor judgment in his use of campus email,” the committee wrote. But during the hearing, Rolph couldn’t “identify a specific policy that Dr. Bowley violated,” they said. “No policy prohibiting the use of campus email to share personal opinions with students exists in either the Faculty Handbook or the Staff Handbook.”

    The panel further recommended that “Rolph issue a formal apology to Dr. Bowley” and that Bowley “be compensated for the loss of income resulting from his removal from the winter study abroad course he had been scheduled to teach.” Bowley told Inside Higher Ed that was a course in Mexico for which he would’ve been paid more than $6,000 and would have had his travel expenses covered. 

    The panel also concluded that Bowley wasn’t “afforded due process.” It said Rolph had argued that the both the staff handbook and the faculty handbook applied to faculty. It also mentioned unresolved tension between the interim provost’s confidentiality claims and Bowley’s right to the hearing, saying the “interim provost can refuse to answer substantive questions pertaining to the grievance.” (Michael Pickard, chair of the grievance panel and vice president of the college’s Faculty Council, said he couldn’t comment Thursday. Rolph didn’t respond to requests for comment.)

    Millsaps president Frank Neville rejected the grievance panel’s report and then fired Bowley on Tuesday, according to Bowley.

    Bowley and FIRE said there was an extra twist at the end: FIRE wrote on its website that Bowley was told in a meeting Tuesday that he was also fired for “not clarifying that his views were not that of the college’s. To be clear: The college fired Bowley for an offense … of which he wasn’t accused.”

    “The FIRE article is riddled with inaccuracies,” wrote college spokesperson Joey Lee in an email to Inside Higher Ed. He did not specify what those inaccuracies were.

    “Because Millsaps does not disclose information about individual employment matters for privacy and confidentiality reasons, the article is based on incomplete information,” he wrote.

    ‘A Bit Reckless’

    Was Bowley fired for more than the email? The college won’t specify, and Bowley didn’t provide a copy of his termination letter.

    David Wood, the Faculty Council president, told Inside Higher Ed he doesn’t exactly know why Bowley was fired, but he doesn’t think he should have been. Wood said he’s disappointed in the college administration and “the extreme nature of the punishment.” But he also said he’s disappointed in Bowley.

    “This is partly on him as well,” Wood said.

    Wood doesn’t believe academic freedom is under threat at Millsaps and thinks “everything was done legally and by our own rules at the college,” he said.

    (After this article was initially published Friday, Wood added in an email that he believes the “initial suspension was unfair and unsubstantiated” and that Rolph “exercised very poor judgment in banning James without a hearing.” Wood wrote that he believes “the review continued and shifted because” Rolph “realized she was wrong and had to go fishing for other reasons to fire James. The rest of her investigation I believe was done according to the rules of the Faculty Handbook.”)

    Asked whether college leaders were upset with Bowley for previous alleged transgressions, Wood said, “There’s a history there, I’ll just put it that way.”

    “James has been a bit reckless in the past, but I do not believe that being terminated was the appropriate punishment,” Wood said. “James likes to push the envelope, let me just put it that way … he’s not going to steer away from controversial issues.”

    Bowley, for his part, said that Rolph had verbally reprimanded him before for sharing with students and employees—through email—a brochure for a prayer vigil for Palestinians killed in Gaza that used the term “genocide.”

    But Bowley said the postelection email was the primary reason for his firing. Regarding any other accusations, he said, “The administration spent two months trying to find other things, and they allege that there were problems in my other class.”

    One accusation leveled at him was “lack of awareness of the status of assignments and grades for a course,” he said. But he wasn’t allowed to appear before a committee to answer such charges, he said, or access his emails and other documents to defend himself.

    He also said he’s protested the death penalty and celebrated the legalization of gay marriage and has ended up on the news for such demonstrations.

    “The idea of me pushing the envelope is me being an activist,” Bowley said. “I am an activist and people know that.”

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  • No speech for you: College fires professor for calling America ‘racist fascist country’ in email to students

    No speech for you: College fires professor for calling America ‘racist fascist country’ in email to students

    When tenured Millsaps College professor James Bowley sent an email sharing his opinion on the outcome of the 2024 presidential election, he didn’t anticipate it would result in his termination. But in a perfect storm of overreach and red tape, that’s exactly what happened. 

    On Nov. 6, 2024 — the day after the election — Bowley emailed the students in his “Abortion and Religions” class, canceling that day’s session to “mourn and process this racist fascist country.” With only three students in the class, Bowley got to know them quite well, including their political feelings, and knew canceling class would be best for those students. As Bowley told FIRE, “I just want to be caring and kind to my students, whom I knew would be troubled by the election.” Bowley wasn’t just trying to get out of work; he did not cancel the much larger first-year writing class session he taught that same day because he had no reason to know how those students felt about the election. 

    Two days later, Millsaps Provost Stephanie Rolph informed Bowley that he had been placed on temporary administrative leave pending review, for the bizarre offense of using his “Millsaps email account to share personal opinions with [his] students.” 

    That’s right: Millsaps didn’t take issue with Bowley canceling class (likely because they’d have to punish lots of people; professors cancel class for all sorts of reasons). The only cited reason was the use of his email to share personal opinions with students, which unsurprisingly is not an actual policy violation. That’s right: The college simply fabricated a policy violation so it could punish a professor for his speech. Frank Neville, president of the private college, has ignored hundreds of calls to reinstate Bowley, who was unable to do his job for over three months until yesterday, when he was eventually fired.

    Welcome to Millsaps, a labyrinth of academic bureaucracy where personal opinions may not be shared.

    Millsaps College president Frank Neville denied a committee recommendation and doubled down on Bowley’s leave being both justified and necessary, without explanation. (Barbara Gauntt / Clarion Ledger / USA TODAY NETWORK)

    Professor punished without due process

    Everything about Bowley’s treatment goes directly against Millsaps’ own fundamental principles of “freedom of speech and expression.” While Millsaps is a private institution not bound by the First Amendment, its commitment to free speech leads any reasonable student or faculty member to believe they are being promised expressive rights that align with the First Amendment. 

    Courts have recognized protection for a great deal of faculty speech on matters of public concern (say, a presidential election) because higher education depends on the wide exposure to robust exchanges of thoughts and ideas. But Millsaps’ actions here signal that it doesn’t take its own principles seriously and is making up its own standards for free speech and expression. That’s not okay with us — and it’s unfair to the students and faculty of Millsaps.

    Not only did FIRE request that Millsaps drop the investigation and reinstate Bowley, but so did more than 100 students, reportedly, (pretty impressive for a college of only about 600) and over 500 alumni. And when Bowley contested the provost’s decision to place him on leave, a grievance committee made up of faculty members determined that Millsaps couldn’t identify a single policy that Bowley had violated. The committee recommended that Bowley be reinstated immediately.

    FIRE remains by Bowley’s side, fighting for his return to teaching — and his right to share his opinions with students.

    The grievance committee, like FIRE, also found that Bowley was not afforded proper due process. Bowley was placed on leave before receiving a hearing and final determination. By doing so, the provost created an intermediary step in the process of dismissing a professor that exists nowhere in the handbooks — all without Bowley having any prior violations or disciplinary actions taken against him.

    But Neville seemed unfazed by the calls from the Millsaps community and unconvinced by the facts presented to him. On Jan. 10, Neville denied the grievance committee’s recommendation and doubled down on Bowley’s leave being both justified and necessary, without explanation.

    Calls to reinstate Bowley continued, this time reaching tens of thousands of people. But that still wasn’t enough. On Jan. 14, Bowley was told in a meeting that he was fired for not exercising restraint and not clarifying that his views were not that of the college’s. To be clear: The college fired Bowley for an offense – not clarifying that his views were not that of the college’s – of which he wasn’t accused. It’s no surprise that Bowley could not extricate himself from what Millsaps made into an impossible situation. 

    Ferris State cannot punish professor for comedic — and now viral — video jokingly referring to students as ‘cocksuckers’ and ‘vectors of disease’

    News

    It’s a joke, people. But violating faculty rights is not.


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    Even if the college had originally charged Bowley with not clarifying that his views were not that of the college’s, his email to his class still wouldn’t qualify. Whatever interest Millsaps may have in preventing faculty from purporting to speak on its behalf does not justify automatic punishment for simply not asserting that one isn’t speaking for the college. In fact, the Supreme Court has held that a teacher could not be punished for a letter to the editor he wrote in which he identified himself as a teacher at a certain school. Just because Bowley is identified as working at Millsaps (via his faculty email), doesn’t mean his speech is transformed into speech on behalf of the college. 

    Millsaps cannot overcome this principle just because it wants faculty to indicate whether views expressed “are individual or those of the institution.” Nothing in Bowley’s email can reasonably be interpreted as speaking on behalf of Millsaps, as it is commonly understood that when using their college email, faculty members are speaking for themselves rather than conveying that they speak for their employer. And here, Bowley was very clearly sharing an opinion – a criticism of an election outcome – that any reasonable person would understand as being his own opinion. 

    Bowley told FIRE yesterday: “I love Millsaps College and even more I love my students, but censorship by an administration by definition means that it is not education anymore; it is not a legitimate college.”

    FIRE remains by Bowley’s side, fighting for his return to teaching — and his right to share his opinions with students.

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