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Posts tagged as “Bias Response Team”

Student Conduct Office drops charges after FIRE free-speech investigation

11/28/2017: Just thought I’d repost this classic. 8/26/14: Four word joke nets UO student five unconstitutional bad-conduct charges: Saul Hubbard has an excellent report on this in the RG. Peter Bonilla of FIRE notes: “Universities have never prevailed in court when defending their [anti-free speech] codes,” he said. “Every single time there’s…

Ojai Music Festival calls on Eugene Mayor to help OBF secede from UO

9/22/2017: Bob Keefer has the latest in the EW here:

Thomas W. Morris, artistic director of the Ojai Music Festival in California, has urged Eugene Mayor Lucy Vinis to help the beleaguered Oregon Bach Festival secede from the University of Oregon and become an independent non-profit organization.

In a letter emailed today (Sept. 22), Morris wrote that the sudden and unexplained firing of OBF artistic director Matthew Halls on Aug. 24 harms not only the Oregon Bach Festival but hurts the image of Eugene itself. …

Uh, thanks for trying to help Mr. Morris, but the City of Eugene couldn’t even manage to keep the Jacobs Art Gallery open, or run the Mayor’s Art Show.

Also see this RG letter from longtime UO supporter Tom Bowerman:

I agree with the bulk of written commentary about the University of Oregon’s dismal explanation of Matthew Halls’ dismissal. My position began to solidify on reading UO’s written explanation, which seemingly explained nothing.

There is a pattern here and it has consequences, especially regarding some of the fiscal and reputational costs to the university. My thought in reading the UO’s explanation was: How much does the public relations team get paid for type of work? And the settlement costs?

Couldn’t these costs, across the broader pattern, in the millions, be better spent on education quality? …

And the UO PRO has now updated the PR log with some recent requests from journalists for more Bach docs.

9/18/2017: Did OBF’s Janelle McCoy run a harassment investigation on Matthew Halls?

If so it would probably be a violation of UO policy (see below), which requires that those receiving “credible information” of racial harassment report it to AAEO, which then decides on the investigation, etc. And yet the most likely interpretation of this new NYT report regarding the grits joke and the implications for the Bach Festival of the subsequent firing of Halls is that Ms McCoy decided to investigate Mr. Halls herself:

Mr. Mobley said he had thought no more of it until several days later, when he got an email from Ms. McCoy asking about the conversation, which had apparently been overheard and reported. “These insensitivities should not be tolerated,” she wrote in the email, which was obtained by The New York Times.

Mr. Mobley replied to her that while the broad outlines of the story were true — Mr. Halls had indeed spoken in a drawl — it was “not quite put together correctly.” He noted that he and Mr. Halls often teased one another.

“Trust me,” he added, “it’s been a couple patrons and audience members who’ve unknowingly said pretty insensitive things. Not Matt.”

The story was picked up by British media outlets. But Tobin Klinger, a spokesman for the university, said that the conversation with Mr. Mobley had not been a factor in Mr. Halls’s firing. And a lawyer for Mr. Halls, Charese Rohny, said that Mr. Halls “was never presented with anything that required a response” regarding any inquiry before he was fired.

Given Klinger’s truthiness record, his statements get a weight of 0.00, and reporters are making public records requests to try and find out what really happened. UO has not been listing these requests on the official log – a new low in official UO transparency, and one which perpetuates the selective leaks, official innuendo, and unofficial rumors which have characterized this mess.

The last OBF request was Bob Keefer’s, for the Halls contract and termination letter:

The relevant policy is here. Some excerpts (emphasis added):

III. Responsible Employees Reporting Obligations

Except as provided for in the Student Sexual and Gender-Based Harassment and Violence Complaint Response (Student Complaint Response Policy), Responsible Employees who receive Credible Evidence of Prohibited Discrimination, Harassment or Sexual Harassment involving an Employee, Student or Campus Community Member are required to promptly report that information as follows:

1. If the Credible Evidence relates to Sex Discrimination of a Student, Responsible Employees should report any information received to the Title IX Coordinator or to the Office of Crisis Intervention and Sexual Violence Support Services. (Note: The Student Complaint Response Policy applies to information disclosed by a student reporting sex discrimination and sexual harassment, including sexual violence. That policy may provide for different reporting obligations depending on the status of the employee receiving the report. Employees who receive reports of sex discrimination (including sexual harassment and sexual violence) against a student should reference the Student Complaint and Response Policy in order to determine their reporting obligations.)

2. In all other instances, Responsible Employees should report any information received to the Office of Affirmative Action and Equal Opportunity (AAEO).

Employees should be aware that AAEO is tasked with ensuring compliance with this policy and state and federal law.  Therefore, while AAEO will work with employees, students and campus community members to ensure that they understand their complaint options, are protected from retaliation and are provided with interim measures as appropriate, AAEO employees are not advocates for individuals participating in the process.

The relevant definitions in the policy are:

A. Prohibited Discrimination is defined as any act that either in form or operation, and whether intended or unintended, unreasonably discriminates among individuals on the basis of age, race, color, ancestry, national or ethnic origin, religion, service in the uniformed services (as defined in state and federal law), veteran status, sex, sexual orientation, marital or family status, pregnancy, pregnancy-related conditions, disability, gender, perceived gender, gender identity, genetic information or the use of leave protected by state or federal law. “Unintentional discrimination” is a concept applicable only to situations where a policy, requirement, or regularized practice, although neutral on its face, can be shown to have disparately impacted members of a protected class. The concept is inapplicable to sexual or other forms of harassment which, by definition, result from volitional actions.

B. Discriminatory Harassment is defined as any conduct that either in form or operation unreasonably discriminates among individuals on the basis of age, race, color, ancestry, national or ethnic origin, religion, service in the uniformed services (as defined in state and federal law), veteran status, sex, sexual orientation, marital or family status, pregnancy, pregnancy-related conditions, physical or mental disability, gender, perceived gender, gender identity, genetic information or the use of leave protected by state or federal law and that is sufficiently severe or pervasive that it interferes with work or participation in any university program or activity, including academic activities because it creates an intimidating, hostile, or degrading working or university environment for the individual who is the subject of such conduct, and where the conduct would have such an effect on a reasonable person who is similarly situated.

H. Credible Evidence: Credible Evidence is evidence of the kind that prudent people would rely on in making personal or business decisions, which is not obtained: (1) during public awareness events (For example, “Take Back the Night,” and “survivor speak outs”);  (2) as part of an Institutional Review Board-approved human subjects research protocol focused on Prohibited Discrimination; or (3) in the context of a required classroom assignment. (Note: If a faculty member believes that a classroom assignment may illicit a disclosure that would trigger obligations under this policy, the faculty member should make clear to students that an account provided in response to a classroom assignment, without more information, will not result in the university taking any action in response to the disclosure. This means that the university will not investigate the incident, offer interim measures or otherwise take step to remediate the behavior.)

K. Campus Community Member: Campus Community Member means a person participating in a university-sponsored program or activity, attending or wanting to attend an event on university owned or leased property, an independent contractor or vendor, a volunteer, a person applying for admissions, a person applying for employment, or a campus visitor or a person living on university-owned property. The term Campus Community Member excludes Employees and Students.

9/15/2017: RG calls for UO Trustee Ann Curry to investigate Matthew Halls firing

“Bach Debacle”, here:

…  UO President Michael Schill could appease both groups of stakeholders by appointing a handful of university regents — perhaps headed by television journalist Ann Curry — to investigate. That, after all, is their job — to “supervise, coordinate, manage and regulate the UO,” a public university that, at least in this matter, is operating in a very private mode.

If, as the UO asserts, Halls’ firing had nothing to with the remark that he made to Mobley, the investigation can confirm as much. That would go a long way in restoring people’s lost faith in the UO.

Conversely, if it turns out Halls was fired because of the remark, the investigation would give the university the opportunity to come clean, hold accountable those who spun a different story and take the appropriate action to start anew with OBF.

Finally, if Halls — a private contractor, not a UO employee — was fired for crossing some ethical line, the investigation would bring that to light, too. …

And if the latter should be true, they could explain why whatever it is that Halls did was so bad he had to be fired immediately, but not so bad that UO could agree to keep it secret from his other current and potential employers.

9/13/2017: UO to pay Matthew Halls $90K for non-disparagement & gag-rule

The agreement is here. The RG’s Saul Hubbard has much more on this deal here.

It includes a promise by UO to give Halls 24 hours notice of public records requests. I’ve heard rumors of a request to UO for emails etc that might shed light on why whatever it was that Halls did was so bad he had to be fired immediately, but not so bad that UO had an obligation to warn his other employers and potential employers.

But so far there’s nothing in the Public Records Office log except the RG’s request for the contract and termination letter, which Hubbard posted earlier. So until new light has been shed on this, we’re stuck with the hypothesis that he was fired for disparaging comments about southern cuisine.

9/13/2017: UO to pay Matthew Halls $90K for non-disparagement agreement and 24-hour gag rule:

That’s from tweets from NY Times classical music and dance reporter Michael Cooper:

9/12/2017: Bach Festival’s fate passes from Blandy and the PR flacks to the lawyers

Youtube: Chicago Prof Geoffrey Stone lectures UO Law School on free speech

Is free speech on campus dying?

If so, it’s still kicking. Friday’s engaging talk by Geoffrey Stone from Chicago Law laid out and put to rest the arguments against free speech and academic freedom one by one, then finished them off with his responses to audience questions about the increasing use of hate speech by conservatives, and safe spaces for our increasingly diverse students.

Free Speech on Campus: A Challenge for Our Times

Friday, February 17 at 4:00pm

University of Chicago warns students there is no safe space from new ideas

Scott Jaschik in InsideHigherEd:

Looking for safe spaces on campus or trigger warnings on a syllabus?

Incoming students at the University of Chicago have been warned they won’t find either in Hyde Park.

They all received a letter recently from John Ellison, dean of students, which went beyond the usual platitudes of such letters and made several points about what he called one of Chicago’s “defining characteristics,” which he said was “our commitment to freedom of inquiry and expression.” Ellison said civility and respect are “vital to all of us,” and people should never be harassed. But he added, “You will find that we expect members of our community to be engaged in rigorous debate, discussion and even disagreement. At times this may challenge you and even cause discomfort.”

To that end, he wrote, “Our commitment to academic freedom means that we do not support so-called trigger warnings, we do not cancel invited speakers because their topics might prove controversial and we do not condone the creation of intellectual safe spaces where individuals can retreat from ideas and perspectives at odds with their own.”

The letter referred to a website where Chicago maintains a report on academic freedom and its centrality to the university. …

Chicago has been getting a lot of free publicity for their defense of free speech lately, while UO has been hyping the Olympics.

The truth is that UO actually has better policies than Chicago – but our administration’s history of implementing them is weak, and as a result the Foundation for Individual Rights in Education gives our prospective students a “Red Light” warning. More here and here:

Screen Shot 2016-08-26 at 12.39.19 PM

The Foundation for Individual Rights in Education has a press release here on Chicago’s free speech efforts:

University of Chicago Reforms All Speech Codes, Earns FIRE’s Highest Free Speech Rating

CHICAGO, April 26, 2016—The Foundation for Individual Rights in Education (FIRE) is excited to announce the latest university to earn its highest, “green light” rating for free speech: the University of Chicago (UC). In cooperation with FIRE, UC revised all of its speech codes to join an elite group of colleges and universities that maintain policies respecting student and faculty free expression rights and meeting First Amendment standards. …

Here’s my take – sorry, long story:

In January 2015 Chicago announced the Report of the Committee on Freedom of Expression, chaired by Geoffrey R. Stone, Edward H. Levi Distinguished Service Professor of Law. The full text of his windy and self-congratulatory report is here. The gist:

From its very founding, the University of Chicago has dedicated itself to the preservation and celebration of the freedom of expression as an essential element of the University’s culture. In 1902, in his address marking the University’s decennial, President William Rainey Harper declared that “the principle of complete freedom of speech on all subjects has from the beginning been regarded as fundamental in the University of Chicago” and that “this principle can neither now nor at any future time be called in question.” Thirty years later, a student organization invited William Z. Foster, the Communist Party’s candidate for President, to lecture on campus. This triggered a storm of protest from critics both on and off campus. …, …, …

In a word, the University’s fundamental commitment is to the principle that debate or deliberation may not be suppressed because the ideas put forth are thought by some or even by most members of the University community to be offensive, unwise, immoral, or wrong-headed. It is for the individual members of the University community, not for the University as an institution, to make those judgments for themselves, and to act on those judgments not by seeking to suppress speech, but by openly and vigorously contesting the ideas that they oppose. Indeed, fostering the ability of members of the University community to engage in such debate and deliberation in an effective and responsible manner is an essential part of the University’s educational mission. …, …, …

Actually, that’s a lot of words.  The University of Oregon Senate and President Richard Lariviere said it less pompously, more forcefully, and five years earlier in UO’s 2010 Freedom of Speech and Inquiry Policy. The full text:

Dietz story reveals more about the renamed Bias Education & Response Team

The RG has a long article on the Bias Response Team here, explaining the history of its formation under Dave Frohnmayer along with some details of the current controversy over campus BRT’s and academic freedom. Frohnmayer was especially sensitive on racial issues, having recently lost a case over discriminatory hiring of JH administrators. The RG story on…

UO Bias Response Team v. Journalism School’s Free Speech Champ Tim Gleason

6/6/2016 update: Diane Dietz is here and there will be a recording posted somewhere, so I’m skipping the live-blog. Very glad to see the J-School organize this, and I thought the panel did a good job addressing the pros and cons. It was amusing to hear former UO journalism dean Tim Gleason talk…

UO Public Records Office doesn’t think the public has an interest in Bias Response docs?

The Foundation for Individual Rights in Education has the story here: University of Oregon on ‘Bias Response Team’: Nothing to See Here By Adam Steinbaugh May 27, 2016 This month, a number of commentators have criticized the University of Oregon’s (UO’s) bias incident reporting system—an online tool to report perceived…