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In latest Intrusion on Academic Freedom, Tenure Review Could Be Tied to How Professors Teach Race

November 4, 2022 | FlaglerLive | 15 Comments

Watch what you say. (UCDavis)
Watch what you say. (UCDavis)

A controversial law designed to restrict the way certain race-related topics can be taught in Florida classrooms could factor into a new tenure-review process for university professors, under a proposal that higher-education officials will consider next week.

The proposed regulation links two laws that the Legislature and Gov. Ron DeSantis approved this year.

One of the laws allowed the state university system’s Board of Governors to adopt a regulation that would require tenured professors to undergo a “comprehensive post-tenure” review every five years.




The board on Nov. 10 is slated to consider a draft of the regulation. The proposal lays out criteria that would be included in professors’ reviews and makes clear that compliance with the race-related instruction law would be considered.

The race-related instruction law (HB 7), which DeSantis dubbed the “Stop Wrongs to Our Kids and Employees Act,” or “Stop WOKE Act” — was one of the most-contentious issues of the 2022 legislative session and has drawn federal-court challenges. The law enumerates several concepts that would constitute discrimination if they were included in instruction.

For example, the law targets instruction that “compels” students to believe that they bear “personal responsibility for and must feel guilt, anguish, or other forms of psychological distress because of actions, in which the person played no part, committed in the past” by members of the same race or sex.

The proposed tenure-review regulation would make “any violation” of the Stop WOKE law one of seven criteria that would be considered. If faculty members’ performance is deemed unsatisfactory, they could face termination.

Faculty members would receive a “performance rating” under the process. Deans would recommend ratings, which could be accepted, rejected or modified by university chief academic officers.

“For each faculty member who receives a final performance rating of ‘does not meet expectations,’ the appropriate college dean, in consultation with the faculty member’s department chair, shall propose a performance improvement plan to the chief academic officer,” the proposal said.

Professors who are directed to follow improvement plans would be given up to a year to meet requirements laid out in the plans.

“Each faculty member who receives a final performance rating of ‘unsatisfactory’ shall receive a notice of termination from the chief academic officer,” the proposal also said.




The United Faculty of Florida has strongly opposed the race-related instruction law. The union in July published an article on its website titled, “HB 7: What UFF Members Need To Know About The “Stop WOKE Act,” calling the law “horrendous” and advising faculty members about its potential impacts.

“Please know that if you, as a UFF member, experience any discipline, harm, or other adverse action from your supervisor or institution in response to your attempts to navigate the prohibitions in HB 7, you should immediately contact your local union leaders for support,” an introductory part of the post said.

Democrats who opposed the measure during the legislative session argued, in part, that it was being pushed by DeSantis for political reasons, as the governor has made his fight against critical race theory and “indoctrination” in schools a linchpin of his education agenda.

The tenure-review law (SB 7044) was sponsored by former Sen. Manny Diaz, R-Hialeah, and Sen. Ray Rodrigues, R-Estero. Diaz later left the Legislature to become state education commissioner, while Rodrigues next week will become chancellor of the university system.

Part of the proposed regulation suggests that tenured university employees’ political views would not be a factor in the performance reviews.

“The review shall not consider or otherwise discriminate based on the faculty members’ political or ideological viewpoints,” the proposal said.

–Ryan Dailey, News Service of Florida

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Reader Interactions

Comments

  1. RacismExists says

    November 4, 2022 at 11:36 am

    Not teaching the truth about our racist past doesn’t erase it. It emboldens it and makes it grow. It pulls that hate out in the open where it breathes and lives anew. This world sickens me. America is inherently racist. And it’s not just white people that are racist. Everyone can be and don’t say that’s not true. Admit it, when you’re walking at night and you’re by yourself, if you see a group of black men, you clutch your keys a bit tighter, grip your purse firmer, and then think to yourself, “My God, what is wrong with me.” That moment? Would you do that for a group of white men? I would but just because I despise men. But just examine yourself when you’re alone at night or even during the day. Do you do an extra eye swipe toward people that don’t look like you? Yeah you do. Everyone does. That is the definition of inherent.

  2. wow says

    November 4, 2022 at 12:33 pm

    More FREEDOM brought to you by the GOP. Mark of a dictator is chipping away your freedom while telling you how free you are.

  3. Timothy Patrick Welch says

    November 4, 2022 at 1:09 pm

    Radical employees should be weeded out.

  4. Joe D says

    November 4, 2022 at 3:59 pm

    Wow! Nothing like teaching with a dagger hanging over your head. Gov DeSantis and the rubber stamp Florida Legislators have really struck a blow against freedom of expression…again!

    Historically, when a Governmental COUP occurs ( regardless of the country), the first thing they do is arrest the professors and close the universities ( can’t have all that free speech and open thoughts floating around to challenge the new power). The next process is to arrest all the lawyers ( can’t have THAT group around instructing the general population about what their TRUE RIGHTS are, can we)?

    We’ve already closed the mouths of Florida’s elementary, middle and even high school teachers ( no young adult free thinkers can be allowed to see /decide the truth for themselves). Haven’t we seen enough teacher vacancies due to Covid fears from forcibly unmasked schools, and now fear of being reported/fired/arrested (? Not yet?) for mis – stepping the new teaching curriculum restrictions ( let’s run additional quality educators out of Florida schools ). We can bring in “temporary “ and “substitute” teachers who in many case have either only graduated high school or only graduated with a BA degree ( in ANYTHING, not a BA in EDUCATION), then let us fast track them to allow them to be a BODY in front of a class!

    To my knowledge almost NO US College has a post tenure review unless there are serious illegal behaviors involved ( theft, assault, rape, murder etc)! The best way to “dumb down” the quality of Florida higher education for our future students is to have QUALIFIED professors exit the STATE college system, and possibly the PRIVATE Florida colleges, because they fear looking over their shoulders daily for someone to feel “offended” by what they teach in class, and COMPLAIN. That’s what classroom discussion is designed to do, bring to light different opinions. Accept that on some issues we might have to “agree to disagree.” A situation that doesn’t appear to be reachable today in this sadly polarized country. Now it’s “if you don’t agree with me, I’m going to punish you in a way that you (and anyone else watching my BULLYING), will NEVER dare oppose me again, because I’ll make sure your rights, speech, livelihood and financial future will be destroyed.”

    I can’t believe we are back in the 1950’s during the McCarthy trials, where anyone who disagreed /opposed the general opinion was labeled a COMMUNIST, and their ability to work was blacklisted! We aren’t too far away from that point again….how SAD for the country…how SAD for our CHILDREN!

    AGAIN the old saying: “Those that fail to LEARN from the past are DOOMED to REPEAT it.”

    Now, I”m expecting the usual HATE speech, differing opinions seem to unleash…

  5. Joe D says

    November 4, 2022 at 6:40 pm

    Wow, and EXACTLY WHO decides they are Radical?….

    Because they don’t agree with .. YOU?

    We are talking about fully adult COLLEGE students , not young children here. If they can’t have open and disparate conversations in class at THAT age, when can they decide for themselves. We’re REALLY DOOMED!

    For Generations in the US, women couldn’t own property, manage their own affairs or VOTE, because the ESTABLISHMENT felt women were too FRAIL and WEAK MINDED to make important decisions about their own lives without a man overseeing: (father, brother, husband, son).

    Sounds like we’re headed back 100 years! REALLY SAD!

  6. Whathehck? says

    November 5, 2022 at 1:08 am

    Thank you Joe D. for your comments. We are living in a scary world. Our dear Democracy is being eroded one teacher at a time, one intellectual at a time.

  7. Greg says

    November 5, 2022 at 6:04 am

    Teaching history is good. Trying to make someone feel responsible for the actions of another is wrong. I am not responsible for what happed 100 years ago, or last week, if I did not do it. Stop trying to divide america even more that it is. America is bringing destroyed from within.

  8. jake says

    November 5, 2022 at 6:41 am

    “One of the laws allowed the state university system’s Board of Governors to adopt a regulation that would require tenured professors to undergo a “comprehensive post-tenure” review every five years.”

    As it should be.

  9. Edith Campins says

    November 5, 2022 at 6:59 am

    Taking control of every aspect of our lives. So much for the party of less government. We are on the path to becoming a dictatorship.

  10. Michael Cocchiola says

    November 5, 2022 at 10:59 am

    Hey, Tim… are you defining “radical” as one who teaches facts and truth and prepares students for the tough global economy they’ll have to compete in? As opposed to teaching what DeSantis, Moms for Lunacy and other extremist Republicans want, like the earth is only 6,000 years old, humans arrived in their current form by the hand of a supernatural, all-powerful deity, and America was that god’s gift to white men? Oh, and students don’t really need to learn science, history, math or the humanities because that’ll make them too smart to be Republican.

    Careful with what you may want. You dumb down Americans enough and China and India will carve this country like a turkey and gobble us up for lunch.

  11. Deborah Coffey says

    November 6, 2022 at 7:11 am

    Well, you obviously like Fascism at its finest. Should you try living in Russia for a while before making a decision like this?

  12. Laurel says

    November 8, 2022 at 3:20 pm

    Give TPW a trophy, knee pads, wrist pads, a helmet, a bible and push him out into the world.

    Republicans are calling anyone who isn’t far right “radical.” They don’t think the guy with four, full sized flags, on his truck, that read obscenities about the current President of the United States is radical. They don’t think a guy raiding a pizza parlor for pedophiles, because the internet told him to, is radical. They don’t think a politician shooting hogs from a plane for recognition is radical. They don’t think government regulation of peoples’ bodies is radical. They don’t think book banning is radical. They don’t think White Christian Nationalism is radical. They don’t think crapping on the floor of the Capital is radical. They don’t think that indoctrination of their religious views on other peoples’ children is radical. They don’t think attacking Paul Pelosi is radical. They don’t think hanging the Vice President of the United States is radical. They don’t think armed vigilantes loitering around polling boxes is radical.

    No, they call this “freedom.”

    They don’t care much for smart people, either. Dumb them down in schools. Leave out history and civics. That makes them easier to control.

  13. Laurel says

    November 8, 2022 at 3:32 pm

    Joe D.: You just summed up Trump. Without a doubt, the most extreme example of an over inflated ego I’ve ever witnessed. DeSantis is not far behind.

    My gosh, I almost wish DeSantis and Trump would run against each other for President. Then maybe, just maybe the loyal followers would finally get it and see it’s about power and ego, not patriotic, not for what’s good for us. The kicker is, these two men are so blatantly full of bull, and don’t try to hide it, that it makes me sad for the current state of thought process in our country.

    These politicians know what they are doing, and they don’t care.

  14. Laurel says

    November 8, 2022 at 3:43 pm

    Jake: Please explain exactly why.

    I see that qualified people, with extensive backgrounds in education, leaving the schools. Who do you believe will replace them? Soldiers, as DeSantis wants? Uneducated people to dumb down the masses further?

    Maybe I’ll come up with my own conspiracy theory. Kids are already afraid of schools as they are no longer safe places to be with shootings that have become the new norm. Books banned by women who do not have kids in school. Uneducated people to replace teachers and professors (all of a sudden). A specific religion indoctrinated into class. Add it all up and it’s a dystopian world come to life, pushed by one political party that wants all control.

    Please Jake, tell me why this is as it should be.

  15. Laurel says

    November 8, 2022 at 3:46 pm

    EC: The GOP no longer exists with the exception of a handful of true Americans, whose careers are being squashed by they cult that took over this party.

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