Whereas,

The University of San Diego is an independent Roman Catholic university committed to advancing academic excellence, expanding liberal and professional knowledge, creating a diverse and inclusive community, and preparing leaders dedicated to ethical conduct and compassionate service; Whereas, Being a Catholic university must not make USD less than a university. The University of San Diego does not have two missions, one Catholic and one academic, but rather one single mission, as articulated in its mission statement. The principles of academic freedom and shared governance are the foundation of an independent Catholic university and, as such, are essential to the mission of USD in all its facets and to its core values; Whereas, The University of San Diegos Policy 4.1 on Academic Freedom states that the University imposes no religious limitation on academic freedom. In addition, [b]ecause full academic freedom in teaching, learning, scholarly activity, and academic decision-making is a sine qua non of a university, the value of academic freedom is self evident; hence the burden of proof lies with those who would seek to limit it. Specifically with regards to academic decision-making, [t]he University recognizes the inextricable link between academic freedom and shared governance. . . . When exercising its authority under those policies, the University should give primary weight to the judgment of the faculty; Whereas, The University of San Diego endorses the statement of academic freedom set forth in the 1940 Statement of Principles on Academic Freedom and Tenure co-authored by the American Association of University Professors and the Association of American Colleges. Specifically, the 1940 Statement extends the protections of academic freedom on university teachers speech as citizens and states that [w]hen they speak or write as citizens, they should be free from institutional censorship or discipline Thus, no member of the faculty, or persons the university invites to join with the faculty in pursuing their academic mission, can be subject to institutional censorship due to her/his public statements and political beliefs; Whereas, The principle of academic freedom encompasses the freedom of speechregardless of the forum or medium in which it is publishedof those who join the university in academic pursuits as public intellectuals; Whereas, The right of the students and faculty of the University of San Diego to hear diverse viewpoints is protected by the universitys Academic Freedom and Diversity Policies, and by USDs institutional commitments. The university has an obligation to uphold its commitment to academic freedom especially in situations in which political or Page 1 of 4

University Senate Resolution December 6, 2012

ideological pressure from outside the university community attempts to prevent certain views from being expressed on campus; Whereas, The wishes of donors or benefactorsor the stated interpretation of said wishes by the university administrationmust not limit or impede in any way the full exercise of academic freedom in teaching, learning, scholarly activity, or academic decision-making in the university community; Whereas, No academic unit of the university can be excluded or exempt from the protections of academic freedom; Whereas, The Frances G. Harpst Center for Catholic Thought and Culture (CCTC) is an academic unit of USD that reports to the chief academic officer of the university, the Executive Vice President and Provost. The mission, roles and activities of the center and the composition of its Advisory Council make evident the academic nature of CCTCs pursuits; Whereas, On October 27, 2012, President Mary Lyons rescinded an invitation to Dr. Tina Beattie, professor of Catholic Studies and director of the Digby Stuart Research Center for Religion, Society, and Human Flourishing at the University of Roehampton in London. Dr. Beattie had been invited to give the second annual Emilia Switgall lecture and to be a visiting fellow at the CCTC; Whereas, President Lyons initially stated her rationale for rescinding the invitation to Dr. Beattie as follows: On August 13th, 2012, Dr. Beattie became the signatory of a widely distributed, public letter urging Catholics to dissent from official Church teaching. . . . It is my considered judgment that Dr. Beatties decision to exercise her office as a Catholic theologian and sign a public document dissenting from the Churchs official teaching is what led me to rescind the invitation (Letter to the Chair of University Senate, November 2); Whereas, The presidents decision received the attention of the national and international press which generally characterized the decision as an attack on academic freedom. The University of San Diegos international and national reputation was damaged due to the Presidents decision and her published rationale; Whereas, The Presidents actions have led to the criticism of USD in the academy both nationally and internationally. In her letter of November 13, 2012, to the Chair of the Academic Assembly of the College of Arts & Sciences, President Lyons acknowledged that her decision continues to leave many very thoughtful and serious academics, students and othersincluding theologiansboth on our campus and beyond questioning our universitys commitment to Academic Freedom; Page 2 of 4

 Whereas, The American Association of University Professors (AAUP) has expressed serious concerns about the presidents decision in a letter addressed to President Lyons on November 5, 2012. Perceiving a pattern of decisions by President Lyons that undermines their confidence in USDs commitment to academic freedom, AAUP may place USD on its censure list of institutions that are not observing the generally recognized principles of academic freedom and tenure; Whereas, The Presidents decision resulted in an inquiry and letter of concern by the national Executive Committee of the Academic Honor Society Phi Beta Kappa. In a letter to President Lyons, Secretary John Churchill reminded the University of San Diego of its obligation to uphold its commitment to academic freedom and stated that [o]ne of Phi Beta Kappas central values is academic freedom. Our concern is not only for faculty interactions with students in the classroom setting, but also for the maintenance of a broad campus climate open to a diversity of perspectives on important issues. The University of San Diego had committed to Phi Beta Kappas Freedom of Expression Guidelines which protects [s]peech on campus by non-members of the college or university community; Whereas, Professor Mike Davis of the University of California, Riverside, has announced his resignation from his appointment to the Knapp Chair of Liberal Arts at USD in response to President Lyons decision; Whereas, The Presidents decision has already produced and may continue to produce a negative impact on recruitment and retention efforts of both students and faculty at USD; Whereas, On November 13, 2012, the Academic Assembly of the College of Arts & Sciences approved a resolution with a substantial majority (99-16-19) that declares a loss of confidence in the Presidents leadership; Whereas, The Presidents decision and subsequent actions have disrupted academic life on campus by generating protests by students and faculty, and by producing a negative impact on teaching, learning, and scholarly activity at USD; Whereas, The Presidents decision has created a climate of apprehension and distrust in which self-censorship has the potential to hinder independent thinking, free inquiry, and critical dialogue on controversial issues, especially in the case of students and untenured faculty; Whereas, President Lyons public communications regarding the rescission of the invitation to Dr. Beattieincluding e-mails, letters, and comments at the Senate meeting of November 15, 2012have provided neither sufficient clarification of the process leading to the rescission, nor any compelling justification for her decision, nor any measures to effectively reverse the damage done by her decision; Page 3 of 4

Whereas, The Presidents evolving justification of her decision and her response to the Academic Assemblys request that Dr. Beattie be re-invited has failed to restore confidence in the universitys commitment to academic freedom. In her letter of November 13, President Lyons endorses renewing the invitation to Dr. Beattie without conferring upon her an honorary affiliation with the University. Academic freedom is subverted by any sanction based upon a scholars published views, regardless of the scope of the sanction. The Presidents initial decision to rescind the invitation, as well as her later decision to maintain the invitation but abrogate any honorary status that it may confer (either real or perceived), equally impose an undue sanction on Dr. Beattie; Whereas, In accordance with its constitution, the University Senate is a primary voice for the academic community of USD, and its purposes include concerning itself with, and contributing to, the development of a University based upon excellence in all respects, as well as formulating, supporting, and advancing policies of sound education, fair and just administration, and prudent fiscal management. The Senate has jurisdiction to accomplish its purposes, provided that matters at issue be of University-wide interest or concern and not essentially intra-school, whether by tradition or agreement; Now, therefore, be it Resolved, That, despite the Presidents actions, the Senate reaffirms the facultys resolute commitment to the principles of academic freedom and shared governance, in accordance with existing USD policies, and to the universitys mission; Resolved, That the Senate finds President Lyons decision to rescind the invitation to Dr. Beattie and her evolving justifications for this action to be incompatible with the principles of academic freedom and shared governance, and inconsistent with the mission of the university; Resolved, That the University administration should strictly abide by the principles of academic freedom, shared governance, and diversity as defined in existing USD policies and as understood in the spirit of this resolution. (Vote: 17 Approve; 4 Oppose; 3 Abstain)

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