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April 15,
2005
Members
of the Senate Education Committee:
I write
to urge you to oppose SB-5, the measure popularly
known as the “student bill of rights.”
I write
from my perspective as chair of the Berkeley campus’s
Department of History (ranked No. 2 in the nation by US News
and World Report in their recent evaluation) and as the author
of several studies in the history of higher education. I was
the chief organizer of the conference at Berkeley revisiting
the “loyalty oath” controversy of more than 50 years
ago, in which I enlisted four former UC Presidents (Clark Kerr,
David Saxon, David Gardner, and Jack Pelteson) for a symposium
I chaired. I speak also as a Berkeley Ph.D. (1970) and a product
of the public schools of California. I am also a member (and
chair-elect) of the academic freedom committee of the American
Association of University Professors.
I would
be testifying in person at your hearing on Wednesday but I have
a class to teach on my own campus, and I do not think it right
to cancel the class even for the purpose of appearing before
you. Hence this mailing.
All institutions
are imperfect, but the bill before you does not help
us to diminish the imperfections of our universities
and colleges, and if enacted could easily create new
imperfections.
Why doesn’t it help us? Briefly, because we already
have in place procedures for protecting students against intimidation
and for making sure that classroom instruction and indeed the
entire research programs of academic departments reflect the
entire domain of warranted truths in any discipline. I want
to elaborate on this point below.
But first
a brief answer to a second question: How do bills of
this type risk the creating of new imperfections? By
inviting non-professional criteria for evaluation, by encouraging
the false idea that the content of teaching and research can
be helpfully classified in popular political categories, and
by inviting costly litigation.
Now let
me elaborate on the procedures we already have to deal with
complaints that academics are not meeting their obligations.
Not only do we have grievance procedures and institutionalized
responsibility for examining on an ad hoc basis complaints of
unprofessional conduct. Beyond that, and more importantly, department
chairs, deans, provosts, and faculty review committees are continually
involved in maintaining the professionalism of all academic
programs. Appointments, promotions, merit reviews of individual
faculty, and regular reviews of departments and schools enable
academia to regulate itself in response to the progress of learning
in given fields.
"Professionalism”
is the key. All professions are imperfect, as I say, but it
is professionalism that has made Berkeley one of the finest
universities in the world and my own department rivaled only
by Yale and Princeton in my discipline. People who really know
the subject matter being taught are the best qualified to decide
what presentation is “balanced,” or “biased,”
or in any other way unprofessional. When the charge is made
that some instructor is acting unprofessionally, or that a given
program does not reflect the full panorama of knowledge in the
relevant fields, we have a set of interlocking circles of review
to address the problem. Let me explain how this works.
Any particular
disciplinary community exists within what we might see as a
series of concentric circles of accountability in an informal
but vitally important structure of cognitive authority. This
structure of cognitive authority is imperfectly understood by
many of academia’s critics, yet it is the foundation for
“peer-review” throughout the learned world. In order
to maintain its standing in the learned world as a whole, a
given community must keep the communities nearest to it persuaded
that it is behaving responsibly, and it must also, partly through
the support of these neighboring communities, diminish whatever
skepticism about its operations might arise in more distant
parts of the learned world, and beyond, in the society which
scientists and scholars do, after all, serve. So the structure
of cognitive authority moves out from particle physics to physics
to natural science to science to the learned world as a whole,
and then to the most informed members of the public. The farther
you get from the technical particulars of the field, the less
authority you have to decide what should be going on, but in
a democratic society there is some authority distributed all
the way out. It is the job of deans and provosts and faculty
review committees to keep abreast of these trans-disciplinary
conversations, and to pressure particular departments and schools
to change their way of doing things—to achieve, indeed,
balance— when and if the parts of the learned world most
qualified to judge are truly dubious about their research programs
and their attendant teaching and public service activities.
Do academics
always get it right? Of course not. But the kinds of anecdotal
evidence brought up repeatedly by advocates of SB-5 and other
bills like it in other states miss the point. Even when particular
cases of bad conduct by faculty prove to be true (as often they
do not!) we need to remember that all professions have problems
with the enforcement of their own norms, AND that the academic
professions are among the most self-correcting and flexible
of professions because of the frequency of institutionalized,
cross-disciplinary reviews. Academia serves society, but it
does so the most effectively if its autonomy is respected rather
than undercut by state authority.
The University
of California, of all of the institutions in our state, is one
of the most effective. The Berkeley campus was just rated second
only to Harvard in all of the world’s universities in
an evaluation carried out by the Times of London (and even ahead
of Harvard in the reputation of its faculty). What more can
we do to prove to you that we are doing our job well? I am proud
to be part of this institution, and I hope that you share enough
of my pride in it to protect it from being damaged by this bill.
If it ain’t broke, don’t fix it.
Yours,
David A. Hollinger
Preston Hotchkis Professor
UC Berkeley
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