Editorial: Academic freedom in cross hairs

Friday, Aug. 31, 2001 | 4:02 a.m.

Marcella McClure was quite a catch for UNLV. In 1993 the university was working to boost its research arm and McClure, an eminent biologist in her specialized field of molecular virology, was hired by UNLV as an assistant professor. She landed UNLV a $1.4 million grant from the National Institutes of Health, and received excellent evaluations for three years.

McClure seemed to be a shoo-in for tenure, which offers job security and allows professors more freedom to tackle research or teaching that may be controversial. But her bid for tenure was rejected in 1997, effectively dead-ending her career at UNLV. As the Sun's Jennifer Knight reported last week, that controversial rejection prompted McClure to file a lawsuit, which has now reached the Nevada Supreme Court.

This is a court case that raises serious questions about UNLV's commitment to academic freedom. McClure, who no longer works at UNLV, says that the head of the biology department, Penny Amy, manipulated the tenure review process to have McClure judged by a different set of rules than were applied to others. Amy added collegiality -- how someone gets along with others -- as a requirement just for McClure's tenure review. McClure contends Amy was motivated by personal animosity against her, an allegation that UNLV's legal team doesn't deny. That admission is disturbing enough, but UNLV's lawyers also assert that simply disliking someone is an acceptable reason for the university to deny tenure.

If the university were to win this case, a dangerous precedent would be set. Martin Snyder, director of academic freedom for the American Association of University Professors, says his association opposes using collegiality as the basis for a tenure decision because it would stifle academic freedom. "It becomes a kind of tool to enforce conformity," Snyder said. "It says that people need to act the same. People need to speak the same. It begins to constrain the kinds of diverse opinions, which make academics fruitful and interesting, and instead makes them afraid to be different."

If the Nevada Supreme Court were to uphold the university's position, professors who are in line for tenure would suddenly have to be very careful in what they say, especially around faculty members who are on a tenure review panel. And if the university is willing to reject someone for personal reasons, which can include all kinds of bias, then that same institution surely wouldn't look favorably upon a faculty member whose views were outside the conventional wisdom.

UNLV has talked for years about wanting to improve its academic reputation. But it's not enough to simply raise more money and spend it on new buildings and research facilities. The university also must ensure that it fosters an academic setting that encourages people to speak up and take chances if it wants to attract high-quality teachers and researchers. Universities aren't supposed to be places where faculty and students walk on egg shells as they discuss ideas.

Many of the best and brightest students from around the world seek admission to U.S. universities, which are considered models of excellence and innovation. One of the principal reasons for this is the insistence by prestigious universities that a premium be placed on academic freedom. Controversial and, yes, even heretical ideas, can be found on the campuses of great universities.

McClure has since moved on to Montana State University, where she says she is on track for tenure. If UNLV truly wants to erase this stain from its reputation, it would settle this matter with McClure and move on, too. If UNLV truly wants to achieve excellence, it has no business supporting tenure policies that infringe on academic freedom.