Statement on Diversity

Presented to Education Committee of the Board of Regents, UW-Madison, April  10,  1997I have been granted 5 minutes to make a presentation on diversity. I must be brief — 575 words is all I can squeeze in.

My urgent recommendation is that the Board of Regents act quickly to establish an independent-minded group to undertake a thorough reexamination of diversity policy and programs in the University of Wisconsin System. The reasons for urgency should be apparent.

  • The Design for Diversity program, now in the 9th year of operation, must be reviewed and reconsidered during its 10th year.
  • The UW-Madison is poised to begin an accelerated minority recruitment/retention program, recommended by a coalition of minority groups pushing its own special-interest agenda. It calls for reaching proportional representation of freshman minority students by the year 2000.
  • Faculty, administrators, staff, and even students avoid open public discussion of diversity for fear of being called insensitive, racist, disruptive, in of all places, a university setting.
  • And, perhaps I should add, the legal implications of the Hopwood case in Texas over race-based admissions practices in its Law School.

But five minutes is not enough time to flesh out this proposal. Five minutes affords no time to analyze the intellectual underpinnings of the University of Wisconsin System’s quarter-century diversity policy, appraise its success, and point up the new problems it has created. Five minutes offers no possibility to present illuminating new data to inform us about the effects of diversity policy and its prospects. Five minutes gives no chance to begin a reflective discussion of diversity and alternatives to it. Five minutes gives no opportunity to sketch the pervasive fear surrounding public discussion of diversity among both its opponents and its proponents. And, five minutes provides no time to explain how diversity policy stigmatizes many minority students through a lower admission standard for minority applicants..

This issue is much too complex to be reduced to a 5-minute summary. There must be time for statements and counter statements, to hear all sides, to analyze what went wrong and why, to explore new possibilities, to fashion a new consensus. And, we clearly need more reason and less passion. Indeed, diversity is truly the most sensitive and polarizing topic I have encountered during my more than 40 years of teaching. Requiring anyone to speak in a 5-minute sound bite only heightens these sensitivities and impedes fruitful discussion of this complex topic.

Can much be learned about diversity from this year’s Design for Diversity report which is before you? The answer, I am afraid, is no. What should we make of the small reported increase in minority freshman enrollment? Do the many programs mentioned in the report succeed in enlarging the pool of applicants? Does the Design for Diversity’s record justify last year’s spending of $18.6 million? By how much has a decade of Design for Diversity expenditures — totaling about $130 million since its inception — boosted enrollment of qualified minority students? And, where is the much discussed accountability for diversity programs? Who have been accountable? In what ways?

More questions. Might Design for Diversity funds be spent more effectively? I would say yes, certainly at UW-Madison. Why not augment the budget of our desperately underfunded library system? Why not hire more faculty to help implement the new general education writing requirements approved with much fanfare several years ago? Why not accelerate efforts to equip classrooms with new instructional technology to enhance student learning?

My five minutes is up. There is no more time. Nevertheless, I do look forward to another day when there will be more time to discuss higher education’s most vexing issue — diversity.

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To Create a Successful Diversity Policy, Level The Field

Reprint from the Badger Herald, April 4, 1997“If you are critical of diversity policy and believe it doesn’t work, don’t you think you have an obligation to suggest how to improve it.” This frequent question to me reflects annoyance with my criticisms of UW-Madison’s near-sacred commitment to the elusive goal of racial/ethnic diversity.

How should I respond to this challenge? If the problem of increasing minority enrollment could be solved easily, somebody would surely have found the answer long ago. There are any number of stubborn problems we just don’t know how to fix, and this may be one of them. Despite 25 years of trying, minority enrollment growth has kept pace but not increased relative to the growing pool of minority high school graduates. This is not for lack of effort. Over the years countless reports to the Faculty Senate have grappled with this issue and offered recommendations for new and more vigorous action.

What emerges from these reports and news articles is a distinctive and repeated cycle that goes like this. Previously established goals and timetables are not met. Student groups mobilize to push for increased University action. Recruitment/retention policies and procedures are reexamined by faculty committees. Strong minority group pressures shape the development of more and “better” programs. New appointments are made to invigorate implementation of these programs.

In the aftermath, faculty members, administrators, and minority student groups all feel good. Time passes. No gains occur. The cycle repeats itself.

The latest cycle began last spring. The Civil Rights Defense Coalition, a special interest group of student minority organizations, detailed the failure of UW-Madison’s latest effort, the 1994 Madison Commitment. It also pushed a new goal and a timetable for reaching that goal — the year 2000. Under pressure, the Chancellor agreed to the CRDC’s goal and timetable. Then, last fall, the CRDC offered a 17-point plan to improve minority recruitment/retention programs. The Chancellor and various faculty committees subsequently endorsed this plan. Now, with almost certain passage of the University Committee’s Resolution on Diversity at next Monday’s Faculty Senate meeting, the UW-Madison will find itself committed to a renewed quest for diversity, this one framed by the CRDC.

What is the likelihood of success? Proponents of diversity are optimistic. They contend that this time the UW-Madison can and will achieve its goals. Not only has it learned from past mistakes, but new strategies are in place and new programs are being mounted. This, of course, has been said before — many times. If the best predictor of the future is past experience, nobody should be optimistic. The record of the past, unfortunately, is a record of failure: disappointing outcomes and resources squandered in an attempt to reach unreachable goals.

Are the goal and timetable attainable? Evidence shows that the CRDC goal of overall proportional minority representation among new freshmen by the year 2000 has already been met — thus, it constitutes no challenge at all. Yet, the CRDC’s real but unstated goal of proportional representation for African Americans is clearly unreachable by the year 2000 — thus, it constitutes an impossible challenge.

But rather than belabor these matters, let me offer a constructive proposal. Suppose we retain the diversity program but make one key change. Let us require, henceforth, that minority applicants meet the same admission standard required of all other applicants. This change is not inconsistent with the concept of diversity. It is, however, at odds with the prevalent view of diversity which demands a double admissions standard, with a lower standard for minorities, as the only way to meet arbitrary diversity goals and targets.

Suppose we move to a single admission standard for everyone. This modification, if widely announced, would immediately eliminate the erroneous suspicions among most nonminority students that most minority students are enrolled here only because they qualify under a lower admission standard. Nonminority students would come to realize that the admissions process is once again fair, that everyone is admitted on academic merit. Even more important, this change would remove for minorities the terrible stigma of inferiority created by lower admissions standards.

Redefining diversity in this way would also go a long way toward eliminating the much-discussed “hostile climate” for minority students at UW-Madison. Minority students who enroll would be able to compete on an equal basis with nonminority students. Efforts to assist minorities academically should be continued, along with efforts to assist disadvantaged students whatever their racial/ethnic background. The goal would be to help ensure that both well-qualified minority and nonminority entrants succeed academically.

Under this plan, UW-Madison should quickly be able to create a highly successful diversity program. It would produce talented, well-educated minority graduates at the same rate as nonminority graduates. This plan would accomplish more in attracting other well-qualified minority students than anything else we could do.

Rather than merely hoping for better performance on the diversity front, why not, for once, stack the cards in favor of a successful diversity program? Three steps are all that is required. Eliminate goals and timetables. Implement a single, uniform admission standard. Help all students who need academic help. Period.

Making such a bold change requires open debate and collective intellectual courage. Are we up to the challenge?

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Left Out of the Loop: Response to March 12 Wisconsin Week Story

Reprint from Wisconsin Week, April 2, 1997At the 3 March 1997 Faculty Senate meeting, the Chancellor criticized me directly for failing to show respect for the processes of faculty governance. Because the March 12, 1997 Wisconsin Week report failed to report both sides of the story, I am compelled to reply. I do respect the processes of faculty governance which is why I spoke out. I share even greater respect for freedom of speech, a right I can and will continue to exercise in both the public arena and university affairs.

The Chancellor’s comments were seemingly provoked by my questioning, at the 3 February 1997 Faculty Senate meeting, the Chancellor’s decision last April to agree to a specific minority enrollment goal as well as a specific timetable for reaching that goal, both proposed by a student group, the Civil Rights Defense Coalition. To the best of my knowledge, that decision was made without consulting either the Committee on Academic Affairs for Minority/Disadvantaged Students, which is designated to consider such matters, or the University Committee which is the Senate’s Executive Committee. Moreover, the Chancellor’s agreement was never brought to the Faculty Senate for its consideration or even announced to it. In my view, the Faculty Senate sets goals and timetables.

Whatever views members of the university community may express elsewhere, personal attacks should have no place in the Faculty Senate. Coming from the Chancellor, they exert an especially chilling effect on the free speech rights of every faculty member. This effect is pernicious because shared faculty governance requires the free and open exchange of ideas on both substantive issues and procedural matters. Shared faculty governance includes questioning whether governance processes are being followed not only by individual faculty members and faculty committees but also by the University Committee and the Chancellor. In the absence of an open atmosphere, we can neither learn nor test our views in this marketplace of ideas.

Universities are fragile institutions that must constantly demonstrate, both to themselves and to the public which supports them, a commitment to open inquiry. Our own guide is emblazoned on the bronze plaque at the front of Bascom Hall: “Whatever may be the limitations which trammel inquiry elsewhere, we believe that the Great State University of Wisconsin should ever encourage that continual and fearless sifting and winnowing by which alone the truth can be found.”

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The Merits of a UW Meritocracy

Reprint from the Wisconsin State Journal, March 2, 1997During the question period at the UW-Madison’s widely-reported Faculty Senate monthly meeting on February 3, problems of policy and governance emerged concerning the taboo subject of racial/ethnic diversity.

It began with questions I posed. It ended with a law professor questioning my motives and with the Dean of the College of Letters and Science expressing his shame at the discussion taking place and concluding, “This is not the right kind of discussion to be held in a public forum.” Ironically, the Dean’s statement implies that some university education policies should not be discussed in the very forum, the Faculty Senate, where they must be discussed.

What prompted my raising the diversity issue?

The immediate cause is the apparent failure of the Chancellor and the University Committee to safeguard the faculty’s role in shared governance. More than two years ago, Chancellor Ward, in unveiling a remodeled version of former Chancellor Shalala”s “Madison Plan,” described the new “Madison Commitment” as a faculty-driven plan that would solve the minority enrollment problem. The administration stated explicitly that no goals or timetables were implied.

But subsequently, the Chancellor, without attempting to secure faculty concurrence yielded to the demand by the student Civil Rights Defense Coalition . He unilaterally agreed that the campus would reach proportional representation of minorities by the year 2000. This action, taken last spring, and the University Committee’s failure to challenge it suggest a significant erosion of faculty power.

More fundamental is the continuing commitment by the Chancellor and the UW-Madison to a diversity policy which was framed in the early 1970s. In 25 years, the program has produced no identifiable increases in minority enrollment. Faculty committees regularly decry minority underrepresentation but never probe its root causes. Instead, they urge greater effort, more staff, and increased university funding for diversity efforts. Yet, the promised results never materialize.

Recently, I checked the representation of minorities. The percentage of new freshmen minority students has exceeded the percentage of minorities among the prior year’s Wisconsin high school graduates in 9 of the last 12 years. Moreover, Asian Americans among the minority groups are overrepresented. Paradoxically, White Americans are underrepresented. Rather than the serious underrepresentation implied by the Chancellor’s action, minorities as a group have been consistently overrepresented.

The plain truth is that campus concern about diversity is not really about minorities in general but rather about African Americans. As a group, they appear to be seriously underrepresented. But is the traditional method of defining diversity representation flawed? What should count is not the percentage of minorities among last year’s high school graduating class but the percentage of minorities among last year’s high school graduates who qualify for admission at UW-Madison.

The UW-Madison admission standard is by far the toughest in the UW System. Yet, individual minority applicants unable to meet that standard can still be admitted under the lower standard that applies to minority groups. Director of Admissions Millard Storey indicated publicly in 1994 that the enrollment of African Americans would be only half as great if they were subject to the same admission standard as nonminorities.

Whereas African American high school graduates last year made up 3.8 percent of all high school graduates, they constituted perhaps no more than 1.5 percent of all applicants who meet the UW-Madison admission standard. With African Americans representing 1.7 percent of new freshmen enrollees this year, they cannot be described as underrepresented if the yardstick used is the percentage of Wisconsin high school graduates who meet the UW-Madison admission standard.

I raise the diversity issue because I care passionately about this University and its future. To succeed at what UW-Madison does best, it must recruit well qualified students, those whose past academic records indicate highly probable academic success. To maintain the University’s high standing, merit must permeate all decisions, from deciding whom to admit and how to evaluate student academic performance, to whom to hire and how to evaluate faculty for promotion. We must strive to bring the state’s ablest high school graduates to their highest level of intellectual development. We must unify our efforts to promote academic excellence.

The time has come to reexamine the effects of our diversity policy. Do we want to continue bringing to campus sizeable numbers of minority students who are unlikely to succeed academically? Do we want to continue stigmatizing qualified minority students by virtue of special admissions standards that benefit minority groups? Do we want to continue frustrating faculty, administrators, and staff by seeking to attain the unreachable goal of minority representation for each and every racial/ethnic group without regard for prior academic achievement and future promise? Do we want to continue undermining the public’s confidence in our ability to spend taxpayer funds wisely and well by pursuing the flawed targets of our current diversity policy?

These questions need to be answered before a new set of diversity proposals described by the Chancellor in yet another letter to the Civil Rights Defense Coalition are implemented. These proposals should be presented to the faculty and to the Faculty Senate so that they can be discussed openly and thoroughly. Thus, I urge the University Committee at the very least to schedule an opportunity to assess the pros and cons of both these proposals and the UW-Madison’s policy of racial/ethnic diversity. I look forward eagerly to participating.

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The Minority Recruitment/Retention Dilemma

Reprint from the Badger Herald, December 5, 1996UW-Madison’s failure, after more than two decades of organized effort to increase its enrollment of African Americans, continues to perplex faculty, students, administrators, and the public. Rather than continuing past policies and practices, the UW-Madison community needs to rethink, in a fundamental way, its minority recruitment goals and strategies.

The simple “arithmetic” of diversity indicates the impossibility by the year 2000 of bringing African American enrollment up to the proportion of African Americans graduating from Wisconsin high schools. Compared to White Americans and the other three racial/ethnic groups, only African Americans are seriously underrepresented and will continue to be so.

But, once attention is turned to academically qualified applicants, the underrepresentation of African Americans disappears. Instead, they may well be overrepresented rather than underrepresented, as an earlier analysis demonstrated. If that analysis is correct, it is essential to rethink our diversity policy.

What reasons are customarily given for the underrepresentation of African Americans at UW-Madison? Many are offered: an unwelcoming campus atmosphere, insufficient financial aid support, inadequate administrative coordination and teamwork, lack of a visible campus commitment to diversity, an uninformed and apathetic student body, insufficient special student services, and so on. Similar reasons are offered for their much higher dropout rates.

Overcoming these barriers so as to increase enrollment and decrease dropout rates for African Americans is a daunting task. A faculty senate committee on minority issues recently admitted it had discovered no magic solution to black enrollment-retention problems. Nor did the committee’s documentation provide much insight into the causes of these problems.

A student organization, the Civil Rights Defense Coalition, has been at the forefront in seeking to increase the enrollment and retention rates of minorities. Last spring it called for lowering admission standards and for increasing remedial and other special services for minority students. Their latter proposal has resurfaced again in its latest effort. Yet, both proposals are seriously flawed. The first would widen differences in college qualifications and undoubtedly increase the already high college dropout rate for African Americans. The second would divert some of UW-Madison’s already limited budget resources to help students whose academic qualifications are weak and to bolster remedial programs of questionable effectiveness. Sadly, the low academic achievement of blacks remains a stubborn social problem that goes beyond what UW-Madison can do as an institution. This is particularly true because the UW-Madison’s mission and expertise are in teaching the best students to their highest level of achievement. So, what can be done?

The first task is to focus attention on the difficult challenge of encouraging stronger academic achievement by African Americans in their homes, in the elementary and middle school grades, and especially in the critical years of high school. The Wisconsin State Journal’s Schools of Hope Project in Madison, as well as other groups elsewhere in the state and across the nation, are now trying to do this. Carefully designed research and experimentation by scholars and practitioners are also essential if we are to learn more about raising achievement among underperforming students. Research in education schools here and elsewhere focuses on this question.

The next and more immediate task is to counsel high school graduates, regardless of their racial/ethnic background and who do not have strong academic records, to enroll at institutions whose admission standards more nearly match their academic capabilities. These institutions include other UW System campuses as well as the numerous schools which are part of the Wisconsin Technical College System. The latter offers college preparatory courses, associate degree programs, and a variety of postsecondary vocational diplomas. For many minority students, attending a campus near home rather than UW-Madison may provide a more supportive environment, reduce attendance costs, and offer better access to part-time jobs. Students who are successful at these institutions always have the option of transferring to another institution as they take on more specialized study and more advanced coursework in their junior and senior years.

The third and most critical task is for the UW-Madison to rethink its minority recruitment goals and strategies. If we believe the interests of students should be given first priority, in lieu of focusing on the campus record in minority recruitment, then we need to engage in an open and honest discussion of the following options:

  1. Abolish the UW-Madison goal of proportional representation which continues to hold out false hopes to many African American high school graduates who are not academically prepared to succeed at this institution.
  2. Eliminate UW-Madison’s preferential admissions policy for minorities and thereby reduce the high dropout rate for minorities, especially African Americans, who fail to meet the regular admissions standard.
  3. Shift current funding for minority scholarships and special services to provide greater help to disadvantaged students without regard to their racial/ethnic background and thereby ensure greater equality of educational opportunity for all academically able students who face financial barriers to college attendance.

These proposals are advanced to begin a discussion that faculty, students, administrators, and the public have carefully avoided for much too long. In that discussion we must weigh the implications of continuing to espouse seemingly commendable but unrealistic goals for minority recruitment and retention. We must explore the effects of having in the past admitted many underqualified minority students who have found it difficult to profit from the kind of education the UW-Madison is best equipped to provide. We must also decide what this institution can best do if anything to expand equality of educational opportunity for disadvantaged applicants whatever their racial/ethnic background.

The great challenge facing American society and particularly the African American community is discovering how to raise the level of academic achievement of minority students at all grade levels. Only then will larger numbers of minority and particularly African American high school graduates be able to enter the UW-Madison based on their academic merit. Only then will they be able to compete on an equal basis with all other students and graduate.

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Searching For Diversity at UW-Madison

Reprint from the Badger Herald, December 4, 1996Intense concern among UW-Madison students, faculty, and administrators continues, as I am sure it should, about the low enrollment and low retention rates of African Americans. Yet, the likelihood of soon achieving substantial improvements in either of these measures is remote. To understand this statement we must go beyond notions of diversity and look at the larger problem of academic preparation.

What are the possibilities of reaching the UW-Madison’s minority enrollment goal for the year 2000, established last spring by Chancellor Ward under pressure from the Civil Rights Coalition, an activist student organization? One answer, shown in my earlier piece on “The Arithmetic of Diversity,” and made by the Chancellor himself, is that this goal has already been reached. But, another answer, or another perspective, calls for examining what would happen if all students, including minorities, were admitted on the basis of the standard admissions criteria. Those criteria include submitting ACT scores, graduating in the top half of their high school class, and completing the core academic subjects in high school.

With the available data, we can show how the application of the first two of these criteria changes the racial/ethnic pool of potential applicants. Two cases are considered. Both involve taking the ACT but one requires being ranked in the top half while the other requires being in the top quarter of the high school graduating class. The first case represents a minimum standard. The second case represents a more stringent standard that reflects more closely the characteristics of students who subsequently enroll as UW-Madison freshmen.

The impact of applying the same merit-based admission standard to all applicants, including minorities, is dramatic. For African Americans, their proportion of eligibles for admission falls from the 3.9 percent of the state’s 1994-95 high school graduates to the 2.5 percent who that same year took the ACT and ranked in the upper half of their high school class. Their proportion drops to 1.6 percent for those who took the ACT and ranked in the upper quarter of their high school class. Based on a minimum standard of being ranked in the top half of the class, African Americans are still underrepresented, with 1.7 percent of new freshmen in Fall 1995 compared to the 2.5 percent eligible for admission. Based on the more stringent standard of the top quarter of the high school, they are slightly overrepresented, with the 1.7 percent of new freshman compared to the 1.6 percent eligible for admission. Thus, applying a standard that emphasizes academic merit produces a quite different picture of the freshmen enrollment prospects for African Americans.

Thus far, little has been said about how ACT scores enter into the UW-Madison admissions process. ACT scores are employed to estimate a predicted freshman GPA for each student. This predicted value is then used with other criteria in making admission decisions. The differences in average ACT scores among the racial/ethnic groups prove to be revealing. No matter how the pool of potential applicants is defined, the average ACT score for African Americans is roughly three points below those of the other racial/ethnic groups. This difference persists among newly enrolled freshmen, with average ACT scores of 21.3 for African Americans, 23.7 for Hispanic Americans, 24.0 for American Indians, 25.6 for Asian Americans, and 26.0 for White Americans.

If the ACT scores could be used here as they are in deciding whom to admit, the percentages of eligibles among the state’s African American high school graduates would be lower. For those taking the ACT and in the top quarter of their class, the 1.6 percent figure would fall but by exactly how much we cannot say. Even if the fall were modest, to say 1.2 percent, new African Americans freshmen would be still be overrepresented.

The lower average ACT score for new African American freshmen clearly signals that for them the admission process is less selective. Indeed, minorities do benefit from preferential admissions. According to UW-Madison admissions policies, those minorities who fail to meet the standard qualifications (graduation in the upper half of their high school class and completion of core academic courses in high school) may be still considered for admission. They can be admitted “if, on the basis of other factors, they appear to have a reasonable probability of success.” Exactly what these “other factors” might be is not clearly specified.

In fact, little is known about the impact of preferential admissions. The only hint comes from a statement by the UW-Madison Director of Undergraduate Admissions as reported in The Chronicle of Higher Education (7 September 1994). That statement, made in the context of recruiting African Americans, is: “He [Millard Storey] said that without Madison’s current policy, minority enrollment could fall by as much as half.” The implications of this statement are clear. The percentage of new UW-Madison freshman African Americans who would qualify based on the standard admission criteria which emphasize academic merit could be roughly half, or 0.8 to 0.9 percent, which is below their 1.7 percent share of new freshmen enrolled in Fall 1995.

The current minority enrollment goal of proportional representation and the preferential admission standards for minorities fail to recognize the importance of academic preparation. If minority students are to perform well and subsequently graduate from this highly selective teaching-research university, they must meet the same admissions standards as do all other racial/ethnic groups. Students who are admitted under a lower standard will experience greater academic difficulty and be more likely to drop out for academic reasons. As this situation persists, the campus will continue to be criticized for not doing enough to both recruit and retain minorities. Proposals such as those by the Civil Rights Coalition calling for the campus to invest additional resources to attract and retain additional marginally qualified minority students are unlikely to produce significant results, as the experience of the last two decades demonstrates so well.

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The Arithmetic of Diversity

Reprint from the Badger Herald, November 21, 1996

Controversy over the UW-Madison’s quest for racial/ethnic “diversity” in undergraduate enrollments continues. It is fueled by our continued failure to analyze the available data in an effort to better understand the effectiveness of our efforts to recruit more minorities and to ascertain the dimensions of the pool of potential applicants. As a consequence, new plans and proposals are regularly advanced, without solid knowledge about their potential effectiveness.

We have another instance of this during the recent celebration of “(Lack) of Diversity Week.” The Civil Rights Coalition (CRC), a student group, staged a week-long series of meetings to discuss proposals addressed to Chancellor Ward that seek to improve minority student recruitment by the year 2000. This action follows the successful efforts of CRC last spring to secure the Chancellor’s commitment to raise by the year 2000 UW-Madison’s percentage of new freshman minority enrollment to equal the percentage of minorities graduating from Wisconsin’s high schools. That agreement is now described by the CRC as “a good start.”

The new CRC material goes beyond that, repeating old charges from last spring and introducing others. One is that undergraduate minority students are severely unrepresented on this campus, with students of color constituting only 9.4 percent of enrollment as contrasted to 19.7 percent at four-year colleges nationwide. Another is that UW-Madison has one of the worst records for minority recruitment in the Big 10. A third is that campus’ total minority enrollment of 10.27 percent falls short of the state’s college age population of 13.08 percent. The first comparison is not relevant, the second is questionable, and the third is simply incorrect. For this, the CRC deserves a failing grade in its research.

More important, CRC missed the obvious: the CRC goal Chancellor Ward agreed to last spring has already been met and exceeded. The goal was realized not over the four year timeline in the agreement but in less than a single year. The evidence is unambiguous. This fall minorities constitute 9.0 percent of new freshmen, thus exceeding the 8.5 percent share of minorities among Wisconsin’s 1995-96 high school graduates.

This new information should be cause for a gigantic campus celebration by the CRC, Chancellor Ward, and everyone else. The goal of proportional representation originally set by the Faculty Senate and pursued for more than two decades has finally been realized. Progress has been frustratingly slow and uneven, despite the fanfare of a succession of programs and initiatives, the most publicized being former Chancellor Shalala’s Madison Plan. Even opponents of minority recruitment goals must admit the importance of this accomplishment.

Before assuming a complete victory, several reminders are in order. One is that both the percentage figures used in measuring proportional representation fluctuate from year to year. This occurs because of changes in the number and mix of both new freshmen and the state’s high school graduates. The former reflects the University’s inability to control the precise number of those admitted who choose to enroll, either overall or for any racial/ethnic group. Thus, small fluctuations next year could change the percentages and push us back below proportionality.

The other and more serious problem is the possible ambiguity in the Chancellor’s agreement which refers to “our minority student freshman enrollment.” Exactly what does that phrase mean? The agreement could easily be construed, in light of long-standing concerns about the small numbers of African Americans students, as requiring proportional representation for each of the five major racial /ethnic groups — African Americans, Native Americans, Hispanic Americans, Asian Americans, and White Americans.

Under this interpretation, there is less reason to celebrate. Fall enrollment data indicate that Hispanic Americans are very close to proportional representation, with 1.9 percent of new freshmen compared to 1.8 percent of Wisconsin high school graduates. African Americans, however, continue to be seriously underrepresented, with 1.6 percent of new freshman compared to 3.9 percent of the state’s high school graduates. American Indians are less seriously underrepresented, with 0.5 percent of new freshman and 0.9 percent of high school graduates. Curiously, White Americans are also underrepresented, with 91.0 percent of new freshmen compared to 92.5 percent of high school graduates. Only one group stands out as being overrepresented, Asian Americans, who constitute 4.9 percent of new freshman while representing only 1.9 percent of Wisconsin high school graduates.

What if anything should be done about these imbalances? Should the campus increase its intake of new freshmen from the three underrepresented groups so as to achieve proportionality? Doing so would require a substantial increase in freshman enrollment because of the presence of so many more Asian Americans. Or should it reduce the intake of new Asian American freshman in order to make way for more African Americans, American Indians, and White Americans? A strict interpretation of proportionality that recognizes the constraints on overall enrollment would require the latter. In quantitative terms, this would mean reducing the number of new Asian American freshman from this year’s 267 to 104, with offsetting increases for the other three groups.

Many students would probably go for the first option. However, the Board of Regent’s current enrollment management policy would prevent much of any increase in overall enrollment. Substantial numbers of other students might argue that the second option would seriously reduce the number of Asian American students. The affected students would probably argue that such action discriminates against them, a minority group, many of whom have academic credentials superior to other students in both the minority and nonminority categories.

The difficulties of operating a program that seeks proportionality in the enrollment of racial/ethnic groups should be apparent. Moreover, there are strong arguments for admitting students to UW-Madison on the basis of their academic qualifications and their likely success as students. Even if minority groups are to be singled out for special consideration, some effort must first be made to determine what fraction of each racial/minority group is in some sense “qualified” to be admitted.

The evidence indicates clearly that the racial/ethnic composition of the state’s high school graduating class is a poor indicator of the proportions who qualify for admission to UW-Madison.

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UW-Madison 2001 Conference of Academic Freedom

The conference, open to students, faculty, staff, and the public at no charge, was held on Thursday and Friday, February 22nd and 23rd, 2001, at the Pyle Center. Funding for the conference was provided by the Brittingham Fund, Inc.; and members of the Organizing Committee included Professors James Baughman (Journalism), Donald Downs (Political Science), Jane Hutchison (Art History), Diane Lindstrom (History), Stanley Payne (History), and Professor Emeritus W. Lee Hansen (Economics)[Chair].

Conference Purpose

  • To engage the campus — faculty, administrators, academic staff, and students — in a reasoned discussion of campus issues dealing with academic freedom, rights, and responsibilities, and thereby enlighten the general public about the importance of these seemingly abstract concepts to the continued vitality of the university and its search for the truth.
  • To probe new and continuing academic freedom issues at the University of Wisconsin-Madison, among them the ending of the faculty speech code, the free speech issues involved in the University of Wisconsin vs. Southworth segregated free case, university-private sector partnerships such as the Reebok contract, and intellectual property rights arising as a result of increased private sector financing of university-based research and the growing commercial value of new scientific discoveries.
  • To continue the discussion of academic freedom issues that began at the 1994 Academic Freedom Conference whose purpose was the highlight then-current academic freedom issues in the context of the 100th anniversary of the Board of Regent’ famous “sifting and winnowing” statement. Among the topics included were the context and details of the famous “trial” of UW Economics Professor Richard T. Ely, the student speech code, new challenges to academic freedom, and the meaning of “sifting and winnowing” in today’s university.

Conference Organization

The conference brings together a wide ranging collection of UW-Madison faculty, academic staff, and students, as well as several outside presenters. The issues scheduled for the panels will have been explored in background papers prepared for the conference. Presenters will summarize their papers, and in some cases discussants will comment on these papers. Time is available for questions from the audience. For the schedule of sessions, authors, and titles of papers, go to the conference schedule. The end product will be a book comparable to the volume resulting from the 1994 Academic Freedom conference, namely, Academic Freedom on Trial, 100 Years of Sifting and Winnowing at the University of Wisconsin (distributed by the UW Press for the UW-Madison Office of Publications, 1998), edited by Hansen who also chaired the organizing committee for that conference.

The conference featured presentations by two nationally known experts, one Thursday morning to start the conference, and another the same evening as a public lecture (please see bios). The conference continued through Thursday afternoon, Friday morning, and concluded late Friday afternoon.

Speaker Bios

Schedule

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Academic Freedom on ‘Trial’: 100 Years of Sifting and Winnowing at the University of Wisconsin – Madison

Edited by W. Lee Hansen

Office of University Publications

University of Wisconsin-Madison, 1998


“Whatever may be the limitations which trammel inquiry elsewhere, we believe that the great state should ever encourage that continual and fearless sifting and winnowing by which alone the truth can be found.”
– taken from a report of the Board of Regents in 1894

As the debate continues over the merits of speech codes and restrictions on language and conduct, Academic Freedom on Trial examines the landmark Richard T. Ely case at the University of Wisconsin. A collection of essays and comments by economists, historians, writers, and legal experts, along with university faculty administrators, and students, this book offers an important historical perspective, as well as critical analysis of current challenges to freedom of expression. Thirty contributors examine the origins of the Board of Regents’ statement and its meaning today, including issues of free speech, hate speech codes, due process, and intellectual property rights.

In a world of increased academic specialization, weakened institutional citizenship, and busy professional and personal lives, it is important to remember that the benefits of academic freedom enjoyed by faculty members, and too often taken for granted, have not always prevailed in American higher education. These hard-earned benefits — freedom of inquiry, freedom of teaching, and freedom of speech and actions as citizens — are essential to the academic enterprise.

Clearly, the hard-won principle of academic freedom cannot be taken for granted. It must be guarded continuously and zealously if university faculty, administrators, staff, and students, as well as the State of Wisconsin and its citizens are to benefit from a shared commitment to the “constant and fearless sifting and winnowing by which alone the truth shall be found.”

There can be no academic freedom without due process, but… due process is indivisible. If, on a college or university campus, there is no substantive due process for students, the atmosphere is hardly likely to be supportive of substantive due process for professors… A campus that violates students’ free speech is not a healthy environment for the free speech of teachers.”
– Nat Hentoff, author of Free Speech for Thee but Not for Me

Order the book

View Table of Contents and Editor’s Introduction (requires Adobe Acrobat Reader)

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Sifting and Winnowing: A Recommitment to Academic Freedom

Presented at UW-Parkside’s “Sifting and Winnowing” Plaque Rededication Ceremony, November 30, 1998

The University of Wisconsin-Parkside has chosen an auspicious time to rededicate its two “sifting and winnowing” plaques. Installing these plaques and displaying them so prominently offers another protective shield that guards one of academe’s most treasured possessions, academic freedom.

I say this because fresh attacks are being mounted against academic freedom and free speech—-against everything the sifting and winnowing statement represents. These attacks come not from outside the academy. Paradoxically, they come from within. The perpetrators include faculty members, administrators, and student government leaders who want to impose their particular views on their colleagues and often on the institution itself.


Before expanding on this theme, I want to comment about my fellow economist Richard T. Ely, who was the center of the controversy that led to the famous sifting and winnowing statement.Let us go back to 1894. At that time, universities were governed by boards, such as the Board of Regents, composed of prominent citizens, many of them businessmen. Typically, neither the boards nor their members were noted for their tolerance of new ideas or of open debate about controversial issues. At the same time, faculty members in the budding field of the social sciences, made up then largely of economists, found themselves increasingly caught up in promoting reform in many arenas of public life. After developing their positions and proposals through research and observation, they began expounding their views in their writings and teaching. Not unexpectedly, they began to annoy the rich and powerful.Some academics proved to be more extreme than others, and Ely was among them. Indeed, he subscribed to what was called the social gospel, an outlook that promoted a kind of Christian capitalism. Hence, Ely was well known as a controversial figure.In the summer of 1894, only a year after Ely joined the University of Wisconsin faculty, a member of the Board of Regents lodged public charges against him. Ely was accused of teaching socialist ideas, promoting unions, fomenting boycotts, and the like. The charges gained national attention. Something had to be done. The Board of Regents appointed a committee of members to investigate. A hearing was scheduled. The Board of Regents sat in judgment. To make a long story short, the basis for these charges proved to be groundless, and Ely was exonerated.

To its credit, the Board of Regents, with the help and encouragement of UW President Charles Adams, issued a statement that included these memorable words:

WHATEVER MAY BE THE LIMITATIONS WHICH TRAMMEL INQUIRY ELSEWHERE, WE BELIEVE THAT THE GREAT STATE UNIVERSITY OF WISCONSIN SHOULD EVER ENCOURAGE THAT CONTINUAL AND FEARLESS SIFTING AND WINNOWING BY WHICH ALONE THE TRUTH CAN BE FOUND.

Some years later the graduating class of 1910 decided that the words from the Board of Regents statement should receive greater prominence. It proceeded to commission a plaque, which it then presented to the University as its class gift. This event provoked considerable controversy; indeed, the Regents thought the students were trying to embarrass them because of several academic freedom issues arising earlier that spring. In any case, the plaque was soon relegated to a storeroom. As the Class of 1910’s fifth year reunion approached, questions arose about why the plaque had never been installed. After much ado, an agreement was reached. The Board finally accepted the plaque, and it was installed at the front entrance to Bascom Hall. There it has remained, except for a brief interlude in Fall 1957 when student pranksters removed it. The plaque later turned up on Willow Drive at the west end of the campus.The statement on the plaque has received national attention because it remains perhaps the most forceful and vivid expression of a university’s commitment to the search for truth. It also affirms the right, indeed, the obligation, of faculty and students to pursue the truth through the sifting and winnowing process.

The plaque’s significance is best described by UW-Madison Professor of Oncology Waclaw Szybalski. He emigrated from Poland in 1949 and knew first-hand what can happen when the principle of academic freedom is compromised, as it was under the Communist regime. In his comments at the 1994 Academic Freedom Conference, he said:

Why is this “sifting and winnowing” statement so important? Because it so clearly and poetically states the principle of the freedom to teach and research, because it is unique, because it stresses that the University of Wisconsin will not be swayed by temporary vogues or political trends, even if they should prevail at other institutions, and because this declaration is expressed in such beautiful and moving language. Maybe I am an incorrigible idealist and romantic, even at my age, but each time I read it, I feel a tingle go down my spine and I feel somewhat emotional, I am embarrassed to admit. I am certainly a devotee of this plaque, and I walk all my visitors and collaborators to Bascom Hill, to let them read it and be inspired.

I could tell you much about the plaque and what it means. But you can find that out for yourself by reading a new 1998 book, Academic Freedom on Trial: 100 Years of Sifting and Winnowing at the University of Wisconsin. Copies can be ordered through your campus bookstore. As the editor of the book, I recommend it to you! I am pleased to add that the book just received a glowing review in ACADEME, the Bulletin of the American Association of University Professors.


Let me now touch briefly on the new threats to academic freedom and free speech, at least as they look from Madison. In fact, the number and variety of academic freedom and free speech issues on the Madison campus is unprecedented.

  • The disgraceful student disruptions of, first, the Governor, who spoke at the University’s sesquicentennial celebration on Bascom Hill in mid-September, and then California Regent Ward Connerly, who spoke about ending racial/ethnic preferences at the Memorial Union in late September; and the bizarre assertion by students of their “right to speak” through vocal disruptions that impede or prevent speakers whose views they dislike from presenting those views in reasoned discourse at campus forums.
  • The recent release of contested recommendations (by a 9-8 vote) from a faculty-staff-student special committee that call for modifying the UW-Madison’s faculty speech code, which attempts to regulate faculty speech that may be interpreted as demeaning students on the basis of their race, ethnicity, gender, etc.
  • The far-fetched claim by student government—Associated Students of Madison (ASM)—that the 5th Circuit Court of Appeals decision to let the segregated fee decision stand (meaning that students cannot be compelled to pay student fees that are used to subsidize student organizations whose positions they disagree with) undercuts the academic freedom of students and inhibits their free speech rights.
  • Continued fallout from the Reebok contract with the Athletic Department several years ago that, in its original version, contained a “no disparagement” clause. That clause in effect prevented any University employee from making negative comments about the Reebok products UW athletic teams are required to use under the contract.

Time permits me to comment on only two of these issues.

Campus Speakers

Disrupting campus speakers is hardly new at UW-Madison. The campus has a long history of such disruptions. But, such behavior is to be deplored, and it should be even more vigorously deplored by faculty, administrators, and students themselves.Two headline-grabbing disruptions occurred this fall. The first occurred when the Governor spoke at a celebration of the University’s sesquicentennial in mid-September. Several protesting students, including the leader of the UW-Madison’s student government, tried to interrupt the Governor. Two disruptive students were arrested, but the charges of disrupting the peace were later dismissed. Among the justifications given for the disruption was the absence of a student speaker in this important all-campus event, and the belief that students had a right to have their representative speak. Whether a student representative should have been invited to speak at this event is another issue. Whatever the case, the absence of a student on the podium does not sanction disruptions by aggrieved students. Students must make their case in some other way, in some other forum. What the disrupters did denied the speaker’s right to speak and also the right of listeners to hear what the speaker had to say.

The second occurred when California Regent Ward Connerly came to campus at the end of September to speak against affirmative action. A group of students had marched earlier in the day to protest both the inviting of Connerly to speak and his position on affirmative action. Student government leaders, in particular, objected to his call for eliminating racial preferences in college admissions. That evening, the protesting students appeared in force, even rehearsing their tactics in the lobby before the Union Theater’s doors opened. When Connerly took the stage and began speaking, he was booed, hissed, coughed at, hummed to, and treated to the noise of crumpling paper—all juvenile, fifth-grade tactics. After 15 or 20 minutes, he terminated his prepared and proceeded to take questions.

The disrupting students then objected to the format that had been established which required audience members to write their questions on 3×5 cards. More important, however, they objected to his responses. They quickly began shouting their disagreement. Soon, they stood and yelled even louder while at the same time raising their arms in fascist-like salutes. Finally, Connerly walked off the stage. He did later return to take direct questions from the students. As Connerly said on Wisconsin Public Radio the following day, some of the disrupting students came up afterwards to say they appreciated a chance to hear his views. When I had breakfast with him the following morning, he said that the disruptions only proved that his message is an effective one.

These seemingly isolated events add up to a larger story.

  • Fear of disruptions, by those who bring speakers to campus restricts the variety of speakers and limits opportunities for students to hear controversial views.
  • Threats of protests have led to the withdrawal of already-issued invitations to controversial speakers.
  • Knowledge that speakers may be disrupted is likely to cause some speakers to reject invitations to speak at UW-Madison.

What suffers most is respect for the diversity of ideas and the exchange of ideas that is at the core of a university and life within it. In effect, a few students deny the opportunity for many other students to hear these ideas. Condemnation of speakers—ASM condemned Connerly’s speech—is silly, but of course this is a free country. At a deeper level, however, student responses to Connerly’s visit make a mockery of the “sifting and winnowing” statement.What has come out of these events? UW-Madison Chancellor David Ward’s statement to the Faculty Senate on the Connerly episode constituted what has been described as, at best, a “tepid” defense of the right of speakers to be heard. The subsequent failure of the Faculty Senate to approve a University Committee statement restating the right of invited speakers to speak without disruption proved to be disheartening. Meanwhile, the Chancellor appointed a committee to examine these matters. That is where matters now stand.

These developments lead one to ask: Where are the articulate defenders of free speech on the Madison campus and in the City of Madison? Of course, the Wisconsin State Journal spoke out forcefully; so did the Daily Cardinal. John Nichols of the Capital Times criticized the campus administration and faculty for not taking a firm stand, but at the same time suggested that vigorous debate involves, perhaps requires, students to object as they did. The Badger Herald proved to be strangely silent, but its stance can probably be explained by the trauma endured by its editors the day after the Connerly speech. Later that evening a group of black students forced the editors to write for their immediate approval, an apology for publishing what was admittedly an offensive cartoon about the Connerly visit. Would not a published written statement by the objecting students have been a better approach than forcing a public apology?

To sum up, for its efforts to defend free speech, the campus gets at best a C-; the grade should probably be a D, but we do live in a world of grade inflation! How soon the UW-Madison can recover its commitment to the free exchange of ideas remains to be seen.

Faculty Speech Code

Several reports on the faculty speech code have just recently been released, and I have not yet studied them closely. However, having monitored their regular meetings throughout the last academic year, I am well acquainted with the majority and minority positions which are spelled out in the most recent issue of Wisconsin Week.I appreciate the concerns of both the majority and the minority that the revised faculty speech code provides more protection for faculty members. This is important because in the past few years several faculty have been put through the wringer by the university administration because of anonymous allegations they used inappropriate speech in the classroom. How these cases have been handled is a matter of great concern. Indeed, the university’s present rules are gravely deficient in providing due process for accused faculty members. This shortcoming led a group of a dozen or so faculty members to create an organization, the Faculty Committee for Academic Freedom and Rights, which lends support, including legal counsel, to faculty members who have been charged with offensive speech and similar charges.

My more fundamental objection is that both the old and new code, but especially the new code, conflate issues of harassment with issues of free speech in the classroom. The new code admittedly contains much-improved language dealing with classroom speech. However, when this language is included in faculty legislation whose title contains the word “harassment,” it virtually guarantees that infractions will be dealt with by what I call employment law rather than the legal precedents associated with free speech, and particularly speech in a classroom setting. The problem with employment law and the associated concept of a hostile workplace is that it does not apply to the classroom. Certainly, sexual harassment is taboo in employment situations; it is also taboo in a university setting, and in the relations between students and faculty. But classroom speech that may demean or offend, whether or not associated with one’s race or ethnicity, for example, is not the same thing as the use of such language in the workplace. Of course, many people, and many faculty, would like to make that connection. They want to give legitimacy to the concept of the hostile classroom as a parallel to the hostile workplace. That is overreaching. The tragedy is that this interpretation would bring the classroom under federal jurisdiction rather than leaving it for universities to handle in appropriate ways, given their focus on student learning rather than production for pay. For the majority to rest its claims on the assertion that professors have power over students through the grading system is, to my mind, an extreme view.

These two issues will be played out over the next several months. Meanwhile, other issues of parallel interest are coming to the surface. For example, the Madison campus, along with all other UW System campuses, must develop new diversity plans for the next decade. The unwillingness to tolerate open debate on this issue, even in the UW-Madison’s Faculty Senate, is deplorable. But, until we begin to talk about diversity and what it means, or should mean, we can never reach any understanding or resolution. We need to practice “sifting and winnowing” not only in our teaching and research but also in faculty governance.


My recommendation is that you stay tuned on these issues. You will be hearing more about them in the near future.In the meantime, make “sifting and winnowing” an integral part of your discourse here at UW-Parkside, in the classroom, in your research, at Department meetings, and during Faculty Senate deliberations. Constant vigilance is required for the sifting and winnowing tradition to flourish and to permit truth to emerge. Thank you.

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