It is never a small matter when a professor is put on academic leave. The Maricopa County (Ariz.) Community College District recently suspended Professor Walter Kehowski for violating MCCCD’s EEO policy and policies limiting e-mail usage. But are email policies being used to remove somebody that could not have been remove in another way? That is a fight that could be headed to the courts.
The particular issue is an email sent by Kehowski just before Thanksgiving that contained George Washington’s “Thanksgiving Day Proclamation of 1789” and a link to its source on Pat Buchanan’s web log. The email contained the statement "I apologize if I preempted The Diversity Office in posting this." That could be interpreted as an admission that he knew that the email could be considered controversial.
The email was reportedly sent to a distribution list used for announcements. On the surface, this email could be a violation of the email policy clearly prohibit “[m]ailings to large numbers of people that contain unwanted solicitations or information.”
But, is there more to the story?
POINT ONE: The Arizona Republic reports that Kehowsi has a history of sending out controversial emails. In the past, he reportedly emailed employees several Internet links that contained statements about Hispanics. Titles on the Web sites included, "Mexicans Think U.S. Belongs to Them!" and "Mexican Double Standard." It article says that it led to debate over academic freedom and how far professors can go in expressing opinions.
"School administrators said his postings were abrasive and divisive, but said they could do little to prevent professors from expressing their views outside class," the Arizona Republic said.
POINT TWO: "MCCCD employees commonly use the “announcements” listserv to send out unsolicited information. Recent e-mails sent over this very listserv include an advertisement for purchasing goats for orphans in Uganda, quotes about Women’s History Month, and a reminder about the health benefits of eating bananas. To FIRE’s knowledge, not one of the senders of these e-mails has been forced to cease teaching or threatened with dismissal," reported the Foundation for Individual Rights in Education, which was contacted by Kehowski for help.
Is it possible that the Maricopa County (Ariz.) Community College District wanted to terminate Kehowski and needed a justification to do so? That is certainly what FIRE believes. (I have no way to know.)
But the only way to eliminate that argument is to show that the email policy is consistently used and enforced. In that way, it is clear to employees and others what the limits might be.
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