Academic Freedom For Colleges and Universities
A prominent feature of the English university concept is the freedom to appoint faculty, set standards and admit students. This ideal may be better described as institutional autonomy and is distinct from whatever freedom is granted to students and faculty by the institution.
The Supreme Court of the United States said that academic freedom means a university can "determine for itself on academic grounds:
- who may teach,
- what may be taught,
- how it should be taught, and
- who may be admitted to study."
In a 2008 case, a Federal court in Virginia ruled that professors have no academic freedom; all academic freedom resides with the university or college. In that case, Stronach v. Virginia State University, a district court judge held "that no constitutional right to academic freedom exists that would prohibit senior (university) officials from changing a grade given by (a professor) to one of his students." The court relied on mandatory precedent of the U.S. Supreme Court case of Sweezy v. New Hampshire and a case from the fourth circuit court of appeals. The Stronach court also relied on persuasive cases from several circuits of the courts of appeals, including the first, third, and seventh circuits. That court distinguished the situation when a university attempts to coerce a professor into changing a grade, which is clearly in violation of the First Amendment, from when university officials may, in their discretionary authority, change the grade upon appeal by a student. The Stronach case has gotten significant attention in the academic community as an important precedent.
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