When Professors are Accused of Bias-Motivated Conduct
| | Student Rights
Expectations about the college environment are becoming increasingly contradictory. On the one hand, college is a place where students are expected to broaden their horizons, learn new concepts, and learn to think critically. On the other hand, students are told that college should be a safe environment where they feel supported and protected. And increasingly, when people express their thoughts or beliefs, others feel threatened or offended.
Much of the attention on campuses has focused on student debate and on freedom of speech weighed against students’ rights to an environment free from discrimination and bias. But what happens when a professor, coach, or other authority figure on campus is accused of bias-motivated conduct or similar forms of discrimination? How are their rights balanced against the rights of students?
Understanding Rules About Bias- Motivated Conduct
When someone commits an act motivated by bias or prejudice, it is considered bias-motivated conduct. Doing something to help one group of people usually indirectly harms others who were not given the same assistance, so even a “positive” action can be treated as negative, bias-motivated conduct.
In situations where the bias or prejudice that provoked the action stems from a protected characteristic, bias-motivated conduct violates school rules and, sometimes, the law as well. Bias is a form of discrimination prohibited by campus rules and frequently by federal and state laws as well. Protected characteristics include:
- Race and color
- Ethnicity and national origin
- Religion
- Sex (which frequently includes gender identity and sexual orientation)
- Disability
- Age (over 40)
Schools can and frequently do add further protected characteristics to their anti-discrimination policies. Political beliefs may be a protected factor, so conduct interpreted as harmful to those of a particular political belief may be viewed as a violation of the rules regarding bias-motivated conduct. Even if political beliefs are not specifically protected by a school’s code of conduct, they are so frequently tied to protected factors such as religion, ethnicity, and gender ideology that it is not a big stretch to view political actions or speech as bias-motivated conduct.
When Self-Expression is Treated as Misconduct
Although school policies may officially state that freedom of expression is permitted and that expressing a point of view does not constitute a bias-related incident, the conduct of disciplinary tribunals often shows that this is merely lip service to the concept of free speech. Students get penalized for expressing personal beliefs. But professors and other faculty and staff members tend to be penalized much more severely.
Schools often want to make a statement when a professor receives public attention for expressing an unpopular belief. And in this day and age, public attention comes quickly. A remark made in a lecture or class discussion that is recorded on a student’s phone can be taken out of context and shared on social media, quickly spreading and often generating outrage that a school does not want. Opinions expressed on campus can be scrutinized and penalized just as severely as those that arise in class. There seem to be few “safe” places to express personal opinions.
Balancing Rights Between Students and Faculty
While some schools are quick to fire a professor who says something unpopular, others sweep transgressions under the rug and paint the students as the problem. Professors should be held accountable for misconduct that truly violates school policies.
Tenured professors sometimes act as if they are above the law and can do anything without worrying about disciplinary action. They may refuse to admit students to an advanced program if the students aren’t willing to tolerate demeaning jokes. They may deliberately grade students negatively if those students express sympathy with a group the professor opposes. They may “jokingly” insist on quid pro quo favors so frequently that the suggestions become harassment. There are many ways professors can cross the line into inappropriate conduct, and students need appropriate avenues to address these violations of their rights. But when schools fail to take their complaints seriously, it can be hard to see a way out.
Taking Action to Protect Your Rights
Whether you have been accused of wrongdoing and need to defend yourself or you have suffered because of a professor’s or coach’s harmful actions and you want to enforce your rights by filing a complaint, assistance from an experienced attorney can make all the difference in the outcome.
The consequences of a campus disciplinary proceeding can have long-term ramifications for complainants and respondents, and it can be difficult to obtain the best possible outcome from the investigation and adjudicatory process without the advice and guidance of an attorney who understands how to make the most of campus proceedings.
Schools are required to provide a certain measure of due process to faculty and students accused of wrongdoing, but the extent of the protection can vary widely. Whether you are pursuing a complaint or defending against accusations, an attorney familiar with enforcing rights on campus can analyze the requirements laid out in school policies and determine whether the school followed requisite procedures or whether the procedures themselves are flawed.
If you fail to take robust steps to protect yourself, the consequences can haunt you far into the future. For faculty and staff found responsible for wrongdoing, the consequences can end career dreams. For complainants whose accusations are ignored or belittled, the damage to self-esteem can be hard to overcome. In either case, when your rights are not protected during a proceeding, your reputation can be damaged to the point of no return.
Protect Your Rights with an Experienced Legal Team
In our decades of experience protecting the rights of students, faculty, and staff on campus, we’ve seen time and time again how important it is to have the right legal advice as soon as a problem arises. It is never too soon to consult a knowledgeable attorney to protect your rights.
If you have a concern, we invite you to schedule a confidential consultation with Nesenoff & Miltenberg to discuss how we can safeguard your rights and your future.