The Dean's letter is here: Download Request for Hearing Board Formation for Amy Wax-- PENNCHARGES. The AFA has now sent a letter to the Penn President in response. A few observations of my own:
1. The AFA is correct that the bulk of complaints in Dean Ruger's letter pertain to extramural speech by Professor Wax, speech that is clearly protected under Penn's own rules, which incorporate the AAUP definition of academic freedom. Offensive extramural speech--of which there is a lot in this case--can not be the basis for sanction under AAUP rules. Many opinions academics hold are offensive to small or large segments of the general public. If that is to suffice for discipline, then academics will have no right to extramural speech on matters of public interest.
2. The AFA letter, however, neglects the fact that some of the allegations concern not extramural speech, but speech and actions in the classroom; and some concern extramural speech on matters that impact the functioning of the school. In the former category is the fact that Professor Wax invited an infamous (and unabashed) racist, Jared Taylor, to speak in her class and have lunch with her students. It is dubious that the decision to host Mr. Taylor in her classroom can be defended on academic freedom grounds, as a professionally sound choice given academic standards in law teaching. It also has the potential to implicate violation of anti-discrimination norms, to which the law school is bound (although one would need more details to say for sure). In the latter category is Professor Wax's public disparagement of the academic competence of her Black students, which I have addressed before. Disciplinary action for both of these incidents would not violate principles of academic freedom (indeed, Wax has already been disciplined for the latter incident).
3. Dean Ruger's letter gives a misleading characterization of an outside investigation of complaints about Professor Wax by former Penn students. The outside report was prepared by law professor Daniel Rodriguez, the former Dean of the law schools at Northwestern University and University of San Diego. (I have read the report, but do not have permission to share it in its entirety.) Professor Rodriguez interviewed dozens of alumni to determine whether Professor Wax made remarks to students that were "derogatory" and "harmful." (The report contains a nuanced discussion of the question of "harm.") His investigation found that Professor Wax made some remarks that were reasonably understood as both derogatory and harmful, but he also found insufficient evidence in suport of several other allegations. He also took no position on whether these remarks (mostly occurring outside the classroom, in small group interactions) violated Penn policies. He also noted he found no evidence of discriminatory conduct by Professor Wax.
Recent Comments