7.4.3 Statement of Academic Freedom (FAM IV.C)
Purpose of the Statement of Academic Freedom
The purpose of this statement is to promote public understanding and support of academic freedom and tenure, and agreement upon procedures to assure them at the College of Charleston.19
Institutions of higher education are established for the common good and not to further the interest of either the individual faculty member or the institution as a whole. The common good depends upon the free search for truth and its free exposition. Academic freedom is essential to these purposes and applies to both teaching and research. Freedom in research is fundamental to the advancement of truth. Academic freedom in its teaching aspects is fundamental for the protection of the rights of the faculty member in teaching and of the student in learning. Academic freedom carries with it duties correlative with rights. Tenure, by providing job security, allows for:
- freedom of teaching and research and of extramural activities and
- a sufficient degree of economic security to make the profession attractive to men and women of ability.
The freedom and economic security provided by tenure are indispensable to the success of the College of Charleston in fulfilling its obligations to its students and to society.
Statement of Academic Freedom
The faculty member is entitled to full intellectual freedom in research and in the publication of the results, subject to the adequate performance of their other academic duties; but undertaking research for pecuniary return must be based upon a prior understanding with the academic administration of the institution, and requires written authorization by the President before it may be undertaken. (See Section V.G.) (Rev. Aug. 2018)
A faculty member is entitled to freedom in the classroom in discussing their subject, but must not introduce into teaching controversial matter which has no direct relation to the subject. (Rev. Aug. 2018)
A faculty member is entitled to freedom to address any matter of institutional policy or action whether or not as a member of any agency of institutional governance. The faculty member’s action is free from institutional discipline or restraint, save for statements or actions that violate the College’s Code of Professional Conduct and Statement of Professional Ethics (FAM IV.B).
The College faculty member is not only a member of a learned profession and an officer of an educational institution but also a citizen. When a faculty member speaks or writes as a private citizen, they are free from institutional censorship or discipline. However, the special position of a college faculty member in the community carries with it special obligations. As a person of learning and an educational officer of the College, a faculty member is expected to bear in mind that the public may judge the academic profession and the College of Charleston by their utterances. Hence, a faculty member is required at all times to be accurate, to exercise appropriate restraint, to show respect for the opinions of others, and to make every effort when writing or speaking as a private citizen to indicate that they are not an institutional spokesperson. (Rev. Aug. 2018) (Approved by the Committee on the By-Laws and the Faculty/Administration Manual, Feb. 2011; Faculty Senate Apr. 2011; and the Provost.)
Academic Freedom and Protection Against Discrimination20
- All members of the faculty, whether tenured or not, are entitled to academic freedom as set forth in the 1940 Statement of Principles on Academic Freedom and Tenure, formulated by the Association of American Colleges and the American Association of University Professors.
- All members of the faculty, whether tenured or not, are entitled to protection against illegal or unconstitutional discrimination by the institution, or discrimination on a basis not demonstrably related to the faculty member’s professional performance, including but not limited to gender, sexual orientation, gender identity or expression, age, race, color, religion, national origin, veterans’ status, genetic information, or disability, as proscribed by law and described in the College’s policy on Prohibition of Discrimination and Harassment, Including Sexual Harassment and Abuse.
Complaints of Violation of Academic Freedom or of Discrimination in Non-reappointment
If a faculty member on probationary or other non-tenured appointment (including adjuncts) alleges that a decision against reappointment was based significantly on considerations violative of academic freedom or governing policies concerning illegal or institutional discrimination by the institution on the basis of gender, sexual orientation, gender identity or expression, age, race, color, religion, national origin, veterans’ status, genetic information, or disability, such a faculty member may file a grievance with the Faculty Hearing Committee. (See Art. X.I. for procedures.) (Rev. Aug. 2018)
Academic Freedom for Administrative Personnel Holding Faculty Status
The foregoing regulations apply to administrative personnel who hold faculty status and rank, but only in their capacity as faculty members. All other unclassified academic administrators who allege that a violation of academic freedom or improper discrimination contributed to a decision to terminate their appointment to an administrative post, or not to reappoint them, are entitled to the procedures set forth in Section IV.A.
Political Activities of Faculty Members
As responsible and interested citizens in their community, faculty, staff and unclassified administrators of the College should fulfill their civic responsibilities and are free to engage in political activities.
The College policy related to such matters is that the holding of county, municipal and other local offices is generally permitted. However, the holding of such an office must not conflict with the performance of the faculty member’s assigned College duties. If, at any time, it appears that there is a conflict or substantial interference with assigned duties, the College has the right to claim a conflict of interest or substantial interference and request that the faculty member either resign the political post or take leave without pay from the College. Further, this also applies if any of the political duties give the officeholder an exercise of control over the College or any of its activities through financial support, direction of academic research, extension functions or employment of personnel.
Where a faculty or staff member in the Academic Affairs Division seeks county, state or federal government political office, the faculty or staff member must discuss said candidacy with the Provost before becoming a candidate. The purpose of this discussion is to try to determine, in advance, whether a conflict of interest or substantial interference with assigned duties would result. If it is determined it would, the Provost will recommend to the President that the candidate be granted leave without pay for the duration of an election campaign and/or term of office before the date of officially taking office. The terms of such leave of absence will be set forth in writing and the leave will not affect unfavorably the tenure status of a faculty member, except that time spent on such leave will not count as probationary service unless otherwise agreed to. (See “Statement on Professors and Political Activity,” AAUP Bulletin 55 [Autumn 1969]: pp. 388-89.) The President has the sole discretion to accept or reject the request for a leave of absence. (Rev. Aug. 2018)
Academic Freedom for Graduate Students
In no case will a graduate or teaching assistant be dismissed without having been provided with a statement of reasons and an opportunity to be heard before a duly constituted committee. (A dismissal is a termination before the end of the period of appointment.) A graduate or teaching assistant who establishes a prima facie case to the satisfaction of a duly constituted committee that a decision against reappointment was based significantly on considerations violative of academic freedom, or of governing policies against improper discrimination as stated in Section IV.A (above), will be given a statement of reasons by those responsible for the non-reappointment and an opportunity to be heard by the Faculty Grievance Committee.
Other Academic Staff
- In no case will a member of the academic staff who is not otherwise protected by the preceding regulations which relate to dismissal proceedings be dismissed without having been provided with a statement of reasons and an opportunity to be heard before a duly constituted committee. (A dismissal is a termination before the end of the period of appointment.)
- When a member of the academic staff feels that their nonreappointment is the result of a violation of academic freedom or discrimination (see Sections IV.A and IV. C), the individual may bring the matter before the Faculty Hearing Committee. If the committee finds that the facts, as preliminarily stated in the grievance, indicate that either a violation of academic freedom or discrimination significantly contributed to this non-reappointment, then the individual will be provided a statement of reasons for the non-reappointment by the individual or department responsible for the non-reappointment. Thereafter, the individual will also be provided a reasonable opportunity to have this grievance heard by the committee. (Rev. Aug. 2018)
19 Section C, Statement of Academic Freedom, parts 1 and 2 are based directly upon and quote liberally from the “1940 Statement of Principles on Academic Freedom and Tenure” and 1970 Interpretive Comments published in
Policy Documents and Reports, Third Printing, January 1977 by the American Associations of University Professors.
20 These sections, IV.C. 3 through 8 are taken directly from and quote 1982 Recommended Institutional Regulations on Academic Freedom and Tenure sections 9 through 14, pp. 28-29, AAUP Policy Documents and Reports, except
these sections have been aligned with the contents of the College’s policy on Prohibition of Discrimination and Harassment, Including Sexual Harassment and Abuse.