the Chancellor, Provosts/Vice Presidents for Academic Affairs, and campus Senate
Chairs.
RATIONALE: The Preamble, The Constitution of the Academic Senate, The
California State University, specifies that the Constitution is adopted by the faculty
of the CSU “in order to exercise its rights and fulfill its responsibilities in the shared
governance of the University.” In setting forth these rights and responsibilities in
subsequent Articles, at no point does the Constitution reference the important role
of the ASCSU in safeguarding and preserving the principles of academic freedom
for the faculty it serves throughout the CSU system. The purpose of this amendment
is to remedy this serious omission in the Constitution.
The American Association of University Professors (AAUP) 1940 Statement of
Principles on Academic Freedom and Tenure and its 1970 Interpretive Comments
sets forth the most widely accepted and understood statement of academic freedom
for higher education. The 1940 Statement was developed as a joint project by the
AAUP and the Association of American Colleges (now the Association of American
Colleges and Universities). In 1966 the AAUP, the American Council on Education, and
the Association of Governing Boards of Colleges and Universities jointly formulated a
Statement on Government of Colleges and Universities which was formally recognized
by the executive bodies of each group. That statement incorporates, by reference, the
1940 Statement of Principles on Academic Freedom and Tenure. In 1969, a joint
committee of the AAUP and the Association of American Colleges developed
Interpretive Comments on the 1940 Statement, which were adopted by the Council
of the American Association of University Professors in April 1970. In addition
Section 3561(c) of the Higher Education Employer-Employee Relations Act (HEERA)
encourages the free exchange of ideas among faculty, students, and staff, and
goes on to state: “All parties subject to this chapter shall respect and endeavor
to preserve academic freedom in the …California State University.” In 1971 the
CSU Board of Trustees affirmed their commitment to the principles of academic
freedom and referenced the AAUP 1940 Statement of Principles on Academic
Freedom and Tenure from which the Board’s own policy was extracted.
CSU Board of Trustees statement on Academic Freedom (RFSA 71-11).
For decades, the ASCSU has been a strong supporter of academic freedom. In 2004,
the ASCSU affirmed its endorsement of the (AAUP) 1940 Statement of Principles on
Academic Freedom and Tenure and its 1970 Interpretive Comments.
Given the recognized importance of preserving and safeguarding academic freedom
within higher education, and the unwavering commitment of the ASCSU to advancement
of academic freedom in the CSU, this principle must be articulated within the
Constitution of the ASCSU and regularly monitored as circumstances generate new
interpretations. As the AAUP contends, “The 1940 Statement is not a static code but a
fundamental document designed to set a framework of norms to guide adaptations to
changing times and circumstances.” Given the nature of shared governance in the CSU,
any future developments which require new interpretations of the principle of academic
freedom could be discussed by the ASCSU for formulating recommendations to the
Board of Trustees, which has the authority over adoption and implementation of the
ASCSU recommendations.
This resolution addresses concerns raised by the CSU General Counsel following campus
approval of an amendment previously proposed to accomplish this goal (AS-3003-11/FA [Rev]).