At the Spring 2023 Plenary Session of the Academic Senate for California Community Colleges (ASCCC), proposed resolution 13.04R S23 to define academic freedom in Title 5 regulations generated significant discussion. [1] Five proposed amendments accompanied the proposed resolution, reflecting the sense of urgency around protecting academic freedom and perhaps suggesting some uncertainty and lack of clarity among ASCCC member senate representatives. Ultimately, the resolution and associated amendments were referred to the ASCCC Executive Committee for further research and to report back by the Fall 2023 Plenary Session without a vote on passage.
Definition of Academic Freedom
The American Association of University Professors (AAUP) “1940 Statement of Principles on Academic Freedom and Tenure” offers a widely used definition of academic freedom. This definition covers three basic areas of academic freedom for faculty:
- Freedom in research and publishing results;
- Freedom in the classroom in discussing their subject; and
- Freedom from censorship or discipline when speaking as independent citizens. (AAUP, 1940)
Defining academic freedom and its limitations is an incredibly rich, nuanced field with extensive room for further discussion and exploration.
Proposed Resolution 13.04R S23 to Define Academic Freedom in Title 5
In its whereas statements, Resolution 13.04R S23 pointed to the lack of a statewide definition of academic freedom. Therefore, the California Code of Regulations Title 5 §51023 mandate that community college district governing boards adopt a policy statement on academic freedom results in a wide range of inconsistent policies on academic freedom in the California Community Colleges system. Capitalizing on recent legislative recognition of the importance of academic freedom with California Senate Resolution 45 (Min, 2021), the resolved statement of Resolution 13.04R S23 directed the ASCCC to “work with the California Community Colleges Chancellor’s Office to revise California Code of Regulations Title 5 §51023 to include a definition for academic freedom needed by California community colleges to establish a standard for their curriculum and classrooms.” Amendments to the resolved statement largely promoted use of the AAUP statement on academic freedom as a base from which to construct a more modern statement regarding academic freedom that reflects the landscape today. An additional request was to provide an explanation of the associated responsibilities and professional ethics related to academic freedom.
ASCCC Papers and Resolutions on Academic Freedom
Academic freedom has been the subject of numerous ASCCC position papers, resolutions, Rostrum articles, and discussions. The position paper Protecting the Future of Academic Freedom During a Time of Significant Change (ASCCC, 2020) provides a definition of academic freedom and goes into depth on each of the three components outlined in the AAUP statement, discusses the importance of academic senates and faculty unions working together, and offers other considerations. The paper also provides specific recommendations for local academic senates and additional recommendations for academic senates in collaboration with union colleagues. A previous position paper, Academic Freedom and Tenure: A Faculty Perspective (ASCCC, 1998), provides an additional resource. The 2020 paper updated the 1998 paper as requested through resolution.
With Resolution 19.05 S96, the ASCCC adopted the “1940 Statement of Principles on Academic Freedom and Tenure.” [2] The ASCCC is listed as an endorser of the AAUP 1940 statement on the AAUP website, with an adoption year of 1996 (AAUP, n.d.). The ASCCC position papers Academic Freedom and Tenure: A Faculty Perspective and Academic Freedom, Privacy, Copyright and Fair Use in a Technological World (ASCCC, 1999) came from discussions regarding academic freedom and from resolutions requesting these resources.
More recently, ASCCC Resolution 06.02 F20 requested that the ASCCC do the following:
- work with system partners to include academic freedom into California Education Code;
- work with the University of California and California State University Academic Senates to incorporate into graduate education the principles and importance of academic freedom, tenure, and governance;
- collaborate with the Student Senate for California Community Colleges to support and develop a statement regarding student academic freedom; and
- provide guidance to faculty and colleges on academic freedom in a digital age with a focus on anti-racism.
In addition, Resolution 06.02 S22 supported California Senate Resolution 45 (Min, 2021), which recognizes that “academic freedom is foundational for the free flow of knowledge, ideas, and governance on college campuses” and supports academic freedom. [3] The same ASCCC resolution also requested the explicit inclusion of academic freedom into California Education Code.
The ASCCC holds an annual legislative and advocacy day when ASCCC Legislative and Advocacy Committee members and ASCCC Executive Committee members meet with legislators to discuss ASCCC legislative priorities. For the 2023 legislative and advocacy day, legislative priorities featured including academic freedom in California Education Code. Reactions from legislators were mixed: some supported the proposal, some felt that such a definition was not required in California, and still others suggested perhaps another path over which the ASCCC would have more control, such as including academic freedom in Title 5.
Increased interest in academic freedom is reflected in the referred resolution 13.04R S23 and its numerous associated amendments. The large number of previous papers, resolutions, and Rostrum articles related to academic freedom over the years reflect the importance of this topic to faculty. The ASCCC adopted the AAUP “1940 Statement of Principles on Academic Freedom and Tenure” in 1996, and recent resolutions have requested the inclusion of academic freedom in California Education Code. Thus far, discussions with legislators have not yielded a sponsor for such a bill.
References
Academic Senate for California Community Colleges. (1998, Spring). Academic Freedom and Tenure: A Faculty Perspective.
Academic Senate for California Community Colleges. (1999, Fall). Academic Freedom, Privacy, Copyright and Fair Use in a Technological World.
Academic Senate for California Community Colleges. (2020, Fall). Protecting the Future of Academic Freedom During a Time of Significant Change.
American Association of University Professors. (1940). 1940 Statement of Principles on Academic Freedom and Tenure.
American Association of University Professors. (n.d.). Endorsers of the 1940 Statement.
1. The full text of the referred resolution Define Academic Freedom in Title 5.
2. Full text of all ASCCC resolutions.
3. The full text of SR 45 (Min, 2021).