Showing posts with label ethics. Show all posts
Showing posts with label ethics. Show all posts

Tuesday, February 9, 2021

Now Available Winter 2021 Issue of Academe

 


This issue of Academe examines several “preexisting conditions” within higher education that the pandemic has thrown into sharp relief. These long-standing problems—blind spots, inequities, deficiencies in policies and practices—have been exacerbated during the present crisis, but they require more than short-term fixes.

Follow the links in the table of contents below or read the entire issue at https://www.aaup.org/issue/winter-2021. Please consider supporting our work by joiningthe AAUP. AAUP members have access to full-issue PDFs of Academe, can opt to receive the magazine by mail, and enjoy a range of other benefits.

Friday, November 1, 2019

What is the Fundamental Task of Education?: Xi Jinping's Concept of 立德树人 [Cultivating People of Moral Character] and its Implementation Through Undergraduate University Reform in 教育部关于一流本科课程建设的实施意见 [Implementation Opinions of the Ministry of Education on the Construction of First-class Undergraduate Courses]

(Pix Credit: 兰资环学院教育实践透视立德树人工程 凝心聚力锻造思想政治教育 )

Education reform has been a priority of the Xi Jinping leadership for some time.  It is a central element of "new era" theory, which links economic, political. cultural and social renovation in a tight web that each contributes to a comprehensive expression of the "new China"  under the leadership of the Communist Party.  That "new China" is a fundamentally moral project.  It elaborates a core premise that China's further economic potential can be developed only in tandem economically potent precisely because of its transposition of core socialist moral values to the constriction of society and culture as well.  That, at least, is the theory. 

But this theory requires a powerful implementation mechanism.  And that mechanism is education. Under the current leadership that sort of education reform as been high on the agenda for a number of years (e.g., Focusing on Civic Education in China--The CCP's Ideological Work Comes to the Universities: 关于进一步加强和改进新形势下高校宣传思想工作的意见). The drivers have not changed much, but the goals are far better coordinated with the comprehensive reshaping of the political-economic m0del and its cultural basis in outlook, custom and behavior. While it may be difficult to re-form the minds of current generations, a vanguard party looks to the formation of future generations for the long term transformation of the social and political order in ways that stick. To that end education acquires a more ancient form--one that starts with the moral formation of the student as the basis on which information can be both created and disseminated.  Xi Jinping theory, when turned toward education and the socialization of the young within a morally specific trajectory of socialist modernization (the morally informed development of productive forces), informs not just the way in which students are instructed, but also the context and form of that instruction as well. 

It was perhaps with that in mind that Xi Jinping set about to elaborate the fundamental task of education (习近平这样阐释教育的根本任务 ["Cultivating People of Moral Character," Xi Jinping explains the fundamental task of education] Xinhua News Agency [March 18 2019]). What is the fundamental task of education? The answer 立德树人 [Cultivating People of Moral Character] (with thanks to Flora Sapio for the translation of this quite complex and subtle term).

The concept was derived from a variety of Xi Jinping's statements put forward in a variety of context and then woven together by the Xinhua News Agency for wide distribution. Despite its subtleties, the term is both straightforward and at the same time intimately connected to the the larger projects of Chinese Social Credit (with its foundation in integrity; see "Blacklists and Social Credit Regimes in China"), and of building a rule-of-law Socialist society in the "New Era" (grounded in the 12 Core Socialist Values [社会主义核心价值观]). It was with that in mind that Xi Jinping noted an objective to "Integrate the cultivation of moral character into all aspects of ideological and moral education, cultural knowledge education, and social practice education, and run through basic education, vocational education, and higher education. The discipline system, teaching system, teaching material system, and management system should revolve around this goal.""

From that pronouncement consolidated in March 2019, only a short time passed before the publication by the Ministry of Education of implementation guidance first targeted to undergraduate education institutions and is reflected in the 教育部关于一流本科课程建设的实施意见 [Implementation Opinions of the Ministry of Education on the Construction of First-class Undergraduate Courses].  The idea is to reshape education to suit the "New Era." To that end, education is understood first as a moral project within which it is possible to infuse the most forward looking approaches to the instruction in particular fields, all understood, of course, within the moral framework that shapes the educational project in the first place.  The object is to give content to and provide a disciplined and measurable delivery system for moral character education as overseen by the vanguard as the guardians of morals, ethics, and integrity.
(用故事和事实告诉学生人生哲理,形象生动,文字配画面增强说服力,把“大德育”化身为“小水滴”,改“大水漫灌”为“精准滴灌”。涉及的内容十分丰富,包括科学知识、感恩教育、名人典故、我的中国梦、感动中国、讲评时事、国家法律法规、生活常识、教育改革与发展、传统文化、职业素养、工匠精神等,“个个都充满正能量”。"It tells students the philosophy of life with stories and facts. The image is vivid, the text is enhanced with persuasiveness, and the "great moral education" is transformed into "small water droplets". The flood irrigation is “precise drip irrigation”. The content involved is very rich, including scientific knowledge, grateful education, celebrity allusions, my Chinese dream, moving China, commenting on current affairs, national laws and regulations, common sense of life, education reform and development, traditional culture, professionalism, craftsmanship, etc., Everyone is full of positive energy."兰资环学院教育实践透视 supra.).

The idea is profound, but not unique to China (see, e.g.,Education to Meet the Labor Needs of Markets--Cuba Changes its Approach to University Education).  It reflects a certain all around approach to education that sees it intimately tied to both moral projects, and to the project of the perfectibility of humanity within the framework in which instruction acquires both meaning and direction--its rationality.  The connection between education, labor markets and political-societal socialization runs deep in the West as well. In this sense there is much that ties this approach to that of Pope John Paul II in the encyclical Fides et Ratio: On the Relationship Between Faith and Reason (discussed in Fides et Ratio: Religion and Law in Legal Orders Suffused by Faith) ("This is to say that with the light of reason human beings can know which path to take, but they can follow that path to its end, quickly and unhindered, only if with a rightly tuned spirit they search for it within the horizon of faith. Therefore, reason and faith cannot be separated without diminishing the capacity of men and women to know themselves, the world and God in an appropriate way." Fides et Ratio ¶ 16). 

The core pronouncements of Xi Jinping follow (in the original Chinese and with crude English translation. The important Implementation Opinions of the Ministry of Education on the Construction of First-class Undergraduate Courses (教育部关于一流本科课程建设的实施意见 ) also follow in English and Chinese., including the important annex on implementation (“双万计划”国家级一流本科课程 推荐认定办法).

Thursday, February 1, 2018

Compliance and the Cult of Personality in University Administration: Administrators and the "Army of Survivors" of Athletic Sex Scandals

(Pix © Larry Catá Backer 2018)


Once again the institution of the university--that newly refurbished battleship of compliance headed by heroic bands of well paid administrators  whose offices, so well larded with officials of all sorts of descriptions charged with the constant and comprehensive surveillance of university personnel and activities (other than those, perhaps, of the administrator class)--finds itself embroiled in scandal.  I am not speaking of the consequences of that scandal--in this case of the man who abused numerous young women who trusted him and who is now facing a lifetime in prison.  Rather I am speaking to the scandal of the university itself as the great exemplar of the compliance institution par excellence. I am speaking to the failure--again--of what has been sold to the public by university boards of trustees, by the political classes, and by  fat layers of well paid non-academic administrator "experts," as a university cultures built on compliance and deep surveillance, of monitoring and reporting, led by  "herioic" university presidents sitting astride their all-seeing mechanisms of control, of reporting, of surveillance, of socialization, and of record keeping.  

The model of administration that the political, economic, and intellectual classes have fashioned of the university over this past generation has resulted in the monstrosities that one sees emerging across the nation.  Bloated institutions that are more machine than human centered institutions, it is not clear exactly what it is that these factories are meant to produce other than stability, good order, and the manufacture of a product that can be consumed as it is produced.  And this new ordering is fueled by the cultivation of a cult of personality around university leadership and their managers; as if by virtue of their high salaries and august positions within hierarchically arranged employment relationships, they embody the university itself. The construct is simple and straightforward: (1) a high salaried leader (or sometimes leadership) who become the incarnation of the university--their heroic leaders whose vision, drive and charisma give life to the institution and lead it to new heights; (2) an aristocratic bureaucracy detached from from the operational hierarchies of production, whose role is to protect the institution and its leaders and to discipline the productive forces of the university through risk reduction compliance regimes; (3) a legitimating structure of "rule of law" regulations that actually legalize systems of administrative discretion against abuses of which there is little remedy.  This model is the most efficient way of coordinating the institution of the university with that of enterprises and the state to produce a useful interlocking governance mechanism.  

That combination of cult of personality around "leaders" and an institutional framework grounded in compliance as a bureaucratic organism has proven to be quite useful in managing the smaller irritations of institutional life--at great expense and against the increasingly fungible bottom layers of the academic employment pool.  It has not, however, proven particularly useful when deployed against itself--when it is tested against its greatest challenge--to monitor, report and contain reprehensible behavior at the highest levels.  Time and again, it now seems, over the last decade certainly, the most elaborate machinery elites create to enforce and socialize compliance with consensus norms can do little to protect us against the depredations of the elites themselves. It is not for nothing that the worst scandals of the last decade have tended to involve people at the higher levels of the machinery designed to contain their excesses and bad conduct.  And yet universities built on cults of personality and on aristocratic bureaucracy will inevitably fail to meet the objectives these elaborate and expensive institutional machines were meant to manage.   

Harsh words but to some extent well deserved. They are not targeted at a particular institution or a particular individual. Rather they reflect thoughts about general social and institutional movements throughout academia that show up along a broad spectrum of related behaviors  in many institutions. That prompts the hope that it may be time to consider dispassionately the model so dear to those with money and the power to shape the institution of the university.  That this will be done is unlikely, but that it ought to be attempted--and by without conflict of interest, is a hope that is worth retaining.  What we will get is more of the same.  The elite will sacrifice a President (the downside of cults of personality) and put up another along the same model--after a wrenching period of formal self examination that will produce even more aristocratic bureaucracy and precious little effective protection against the people now more empowered than ever to protect us against themselves. Reporting on a recent event that prompted these very general thoughts follows. 

Friday, September 1, 2017

Revoking PhDs: Questions But No Answers Around the Value of Transparency, Robust Research Communities, and the Construction of Culpability for Senior Researchers




It was reported that a "U of Arizona professor’s Ph.D. is withdrawn after her findings on violent video games are questioned. Some wonder why her mentor and co-author, a senior scholar, has not shared the blame." Colleen Flaherty, "Revoking a Doctorate," Inside Higher Education (September 1, 2017). Ms. Flaherty reports:
Ohio State University took the extraordinary step of revoking a graduate’s doctorate last week. Now her future at the University of Arizona, where she is an assistant professor of communication, is unclear. Jodi Whitaker’s problems started in 2015, after scholars in two countries noticed irregularities in the data in her 2012 paper on video games. The study in Communication Research, called “‘Boom, Headshot!’ Effect of Video Game Play and Controller Type on Firing Aim and Accuracy,” found that playing a violent video game improved real-life shooting skills. Initially, it was something of a boon for both Whitaker, then still a graduate student at Ohio State, and her co-author and dissertation committee chair, Brad J. Bushman, the Margaret Hall and Robert Randal Rinehart Chair of Mass Communication there. That’s because Bushman served on President Obama’s committee on gun violence and his research challenges what he calls myths about violence, including that violent media have a trivial effect on aggression.

But Patrick Markey, a professor of psychology at Villanova University -- whose own findings on video games clash with Bushman’s -- soon challenged the paper, as did Malte Elson, a postdoctoral researcher in educational psychology at Ruhr University Bochum in Germany. Together they alerted the Committee of Initial Inquiry at Ohio State to what they called irregularities in some of the variables of the data set. The values of questioned variables could not be confirmed because the original research records were unavailable, according to Communication Research, which in 2016 decided that a retraction was warranted.

Bushman was cleared of wrongdoing by Ohio State, but he agreed to the retraction. He also agreed to the retraction of another paper in which Whitaker was not involved -- one finding that watching violent cartoons inhibits children's learning -- earlier this year, as reported by Retraction Watch. Data on a second 2016 paper by Whitaker and Bushman (on which Bushman was the lead) also have been corrected; that study found that "catharsis beliefs" attract people to violent video games.

But Whitaker, the 2012 paper’s lead author, was found responsible for the errors. And Ohio State’s Board of Trustees voted unanimously last week to revoke her doctorate, granted in 2013.
With the strong caveat that I am not privy to the evidence adduced nor to the proceedings, here are some initial thoughts on potentially important implications that may flow from this altogether sad events:

Sunday, February 12, 2017

What is the University?: De-Centering Education in an Age of Risk and Regulatory Management


(Pix © Larry Catá Backer 2017)


People constantly ask variations of the question--What is the University? --usually as a rhetorical throat clearing to put forward some sort of ideological position that advances a particular agenda in the service of quite specific objectives.  That is to be expected, of course. But it is not the subject of this post.

Rather, the more interesting answer to this question ought to start with a more fundamental set of questions: (1) what are the objectives of regulatory society? and (2) how has the university changed to resemble and amplify greater society.  Asked in this way, the answer becomes much more interesting than the ideology-by-other-means discussion that tends to put off everyone but their advocates. 

The answer to these questions might be gleaned by the resources that universities increasingly devote--not to knowledge production and dissemination--but to the regulatory control of their stakeholder populations (students, faculty, staff and others that affect the university and its operations) either  for its own account or as a pass through institution administering privatizing regulatory demands of superior public institutions (usually state and federal governments). A recent communication from the President of Penn State University perhaps nicely illustrates the trend--not because it stands out but for precisely the opposite reason, for the way in which it reflects standard practice among universities, for the way it applies consensus within higher education about the regulatory role of the university. Indeed one might expect this to serve as a standard generic letter of its kind issued in some variation by many similarly situated high officials. It is for that reason that the communication is most interesting.

This post considers the larger societal consequences of the changes suggested, as a general matter and in common with other universities, by that communication.  The object is neither to condemn or praise the tend--but rather to notice them and consider what they might say about the character and function of the university generally in early 21st century America. The communication is reproduced below and is followed by some brief thoughts.

Monday, July 18, 2016

Just Because it is Legal Doesn't Make it Right--The Extension of University Control of Employee "Outside Business Activity"

(Pix © Larry Catá Backer 2016)


The evolution of the legal rules constraining the terms  through which labor may be purchased in the West had seen a long evolution--from villeinage and indenture (slavery for some) to service in the form of the sale of labor to a master who is empowered by law to manage and control the person whose services have been purchased.  That employment relation, that relationship between master and servant is hierarchical and personal in a way that the relationship between investor and enterprise is not--capital is invested but not purchased and performs no service beyond offering the value obtained and a forbearance of repayment for a time certain. Echoes of the the more comprehensive notions of service, and of the role of the servant, remain visible today in the scope of discretionary authority the law permits to a "master" to regulate the non working lives of employees to the extent it might interfere with its business and operations--as those are conceived by the employer. For at will employees, of course, the legal master-servant relation is to permit the master (though technically both have the power) to terminate employment for any reason--and in the master's case, to condition employment on a host of criteria, subject only to the constraints of other law, contract, or at the extreme, constitutional limitations. 

The master-servant relationship exits within the university as well.  For faculty, however, the operation of the master-servant relation has been constrained both by contract and by the scope of the interpretation of the twin principles of academic freedom and shared governance.  These have sometimes proven to be strong protection in the absence of statute or policy.  Other times, their protection has been somewhat less powerful.  Beyond the legal constraints lie a powerful policy conversation that has been shaping the societal consensus relating to the propriety of the exaction of conditions for work that touch on the non working life of the employee. These have tended to push toward a growing societal disapproval of the assertion of employer power reaching into the private lives of employees. At the same time, universities across the United States have sought to expand the boundaries of the definition--and thus the protection--of their interests in the intellectual prowess represented by the individuals whose services they have purchased for the provision of customary teaching, research and service duties.  Where once universities were principally concerned about the protection of its interests in the face of patents and related innovation and the opening of businesses by mostly scientists and engineers seeking to exploit ideas nurtured through the university, and to constrain the scope of professional practice by its lawyers, architects, musicians, etc., now the university seeks to control well beyond these simple and direct activities.  It is at the intersection of these two opposing societal movements that university policy relating to the control of faculty outside business activity meet.

Many of these issues have been dealt with relatively uniformly by contemporary large research universities across the United States.  This post considers one hypothetical example of this effort in that light and the Commentary of Professor Hypothetical in light of that effort.  It is a hypothetical example only; but it presents issues that touch on such efforts across the nation.  As a generic model it will be presented as the efforts of Public University (PU), a land grant University in the State of Republic,  in the development of a Labor Policy (LRX) that seeks to manage employee business activities in the context of a new model. 

Saturday, April 16, 2016

Diversity at Penn State: Reports of the Joint Diversity Awareness Task Force--Moving Forward Embedding Divesity Policy--Advisory/Consultative Report




(Pix © Larry Catá Backer 2016)

It has been my great honor to serve as the Chair of the Penn State University Joint Diversity Awareness Task Force (JDATF). JDATF was charged this past April by our Provost and the University Faculty Senate Chair to consider a number of important diversity initiatives at Penn State (Charge (PDF); Members). Our work over the academic year has produced four reports with recommendations for substantial changes in a number of areas.

Presented March 2016 for consideration by the PSU Faculty Senate April 2016:
1. US/IL Courses Survey--Recommendations (Legislative; and Advisory/Consultative)
2. Diversity Best Practices
3. Moving Forward Embedding Diversity Policy

Presented February 2016 and Approved by the PSU Faculty Senate March 2016
4. Moving Forward
Each of the next several posts will provide links and the text of the reports to be considered by the Penn State Faculty Senate on April 19. An "after action" report will follow Senate action on the 29th--action which I hope will be positive.

This post includes the Report, Moving Forward Embedding Diversity Policy, which was prepared by our Substantive Policy Recommendation  Sub-Committee.


Monday, March 7, 2016

At the Borderlands of Ethics: Soft Retaliation and Unethical Exercises of Administrative Discretion

(Pix © Larry Catá Backer 2016)

Most universities now have fairly broad policies against retaliation.  In many cases they are tied to the emerging protections for whistle blowing (broadly understood including sometimes harassment, discrimination and sexual misconduct claims or reporting) (e.g., Ohio State, Indiana, Maryland, Rutgers, Chicago (here and here), criticized here, here and here).   Sometimes they are bound up in codes of conduct (see, e.g., here).

But this construct of retaliation protection tends to hide a more pernicious class of retaliation--retaliation that is clothed in the exercise of administrative discretion.  That retaliation is characterized by one principal characteristic--it refers to the exercise of administrative discretion against an individual motivated in whole or in part by personal animus rather than by institutional considerations. The dean who uses rules and discretion as an excuse to punish or otherwise discipline a faculty member who offends, opposes or otherwise fails to do the bidding of a dean is both a well known pattern in the academy and one well tolerated as part of the "rules of the game."  The effect can be pernicious--as evidence from recent actions within the scientific research activities of the US Department of Agriculture suggest (Steve Volk, "Was a USDA Scientist Muzzled Because of His Bee Research,"The Washington Post March 3, 2016)

This post considers some of the more common forms of the exercise of administrative discretion for personal rather than institutional reasons and suggests the possibilities that impunity on such personalized management be curtailed by reference to university ethics codes transparently applied.  

Sunday, May 17, 2015

Do University Administrators Have an Ethical Obligation in Developing and Defending Decisions on Benefits?

(Pix (c) Larry Catá Backer 2015)


The first decades of the 21st century has seen the rise of ethics as an important tool for university governance.   These serve both as guiding principles for conduct and as rules, the violation of which may indicate more serious breach.  

Indiana University, a respected member of the CIC (Committee on Institutional Cooperation) provides an example of the approach state and state assisted universities have come to embrace respecting the application of ethics to the conduct of university personnel. See Indiana University, Principles of Ethical Conduct (the "Ethics Principles"). Unlike other CIC universities, Indiana University sought and obtained the approval of the relevant university faculty governance institution before final approval by the Indiana University Board of Trustees. And that, perhaps, marks the ethical practices of Indiana University beyond the words of the Ethics Principles themselves, in the sense that they appear to practice what they preach. 

This post considers briefly the contours of Indiana's Ethics Principles as an exemplar, and then attempts to apply it to sketch out the boundaries of ethical conduct that may constrain administrators when they  seek to develop and defend decisions related to university benefits for employees. To that end a hypothetical is considered.  The discussion may be useful to other CIC institutions considering ethics principles--Penn State University, Ohio State University, Rutgers, etc.


Saturday, September 6, 2014

A Statement on Civility From Administrative Elites at Penn State--Civility and Its Discontents in the Academy; Defining the Space and Terms of Debate Within or Beyond Social Norms

The issue of civility has become a more interesting subject for debate within and among universities.  No less so, it seems, among University administrators and their associated elites. I have written generally about the topic of civility within the academy in the past.  See HERE. Others have discussed the issue in the context of movements toward cultures of civility in other universities.  See The Order of Civility (Sept. 7, 2014).

The issue appears to have reached the highest levels of administration at Penn State.  I include below the "Dear Friends" letter on civility widely circulated and signed or affirmed by a large host of persons holding administrative or related positions at Penn State, a commentary by Onward State and the Penn State President's reply. 




(Pix (c) Larry Catá Backer 2014)

I would be curious to hear reactions beyond those in Upward State.  The letter can be understood from a variety of perspectives and might imply any number of things--but it is unclear whether the virtues of Kremlinology would be useful here.

I only note that beyond its signatories--among whom there was no doubt discussion of some sort, enough to satisfy its participants--I do not recall any discussion of the topic, nor any effort to engage the university community in the premises underlying its message or messages sought to be conveyed in these communications, worthy as they may be.  Beyond the basic and quite laudable notion, which ought to be embraced by all, that our social norms posit that social conventions on discourse are a necessary element in discussion among stakeholders in an organization, it is not clear whether respect requires more. It is less clear to what standards the excellent statements produced allude, or who would police them--it certainly ought to be troublesome if the power or prerogative to control the terms of debate and to judge participation for breaches of the boundaries of civility is vested unevenly among those involved in debate.  More troublesome perhaps might be a system of civil discourse grounded first in an invitation within a hierarchically arranged system for civil exchange  irrespective of place on the hierarchy and second an insistence that only those at the top of the hierarchy were authorized to set the tone, impose boundaries and judge the conformity of expression of those below to standards that they wholly control. It would be useful to consider the approaches of other institutions even as Penn State seeks to assume a leadership role in this area.

I am partial to this definition of civility:
Civility is about more than just politeness, although politeness is a necessary first step. It is about disagreeing without disrespect, seeking common ground as a starting point for dialogue about differences, listening past one’s preconceptions, and teaching others to do the same. Civility is the hard work of staying present even with those with whom we have deep-rooted and fierce disagreements. It is political in the sense that it is a necessary prerequisite for civic action. But it is political, too, in the sense that it is about negotiating interpersonal power such that everyone’s voice is heard, and nobody’s is ignored. (Institute for Civility in Government
The difficulty, though, is that civility operates in this context only where there is an equivalence of power relationships, or robust systems of accountability and constraints on discretionary authority to construct a system of civility that  conforms to the model formally but which masks a regime of servility, one in which fear of reprisal or marginalization occupies an important place. In any case we should applaud the invitation to begin a discussion on the topic--and for that we can be grateful to those individuals identified in the "Dear Friends" letter. 

Perhaps this is a useful topic for a Senate forensic.


Monday, May 12, 2014

On the Limited Promise of Whistle Blower Protection Statutes for University Employees--Narrow Scope and Traps for the Unwary


 (Pix (c) Larry Catá Backer 2014)

We were recently informed (because the Federal government required such disclosure if for no other reason; e.g. 41 U.S. Code § 4712(d);  Notice of Implementation of Pilot Program for Enhancement of Employee Whistleblower Protections Notice Number: NOT-OD-14-068, March 7, 2014) as follows:
Congress has enacted new whistleblower protections effective July 1, 2013. The enhanced protections apply to any employee of a federal grant recipient such as Penn State who works on a federal grant, subgrant or subcontract. The statute (41 U.S.C. §4712) states that an "employee of a contractor, subcontractor, grantee [or subgrantee] may not be discharged, demoted, or otherwise discriminated against as a reprisal for 'whistleblowing.'" More information (as summarized by the National Institute of Health) can be found at http://grants.nih.gov/grants/guide/notice-files/NOT-OD-14-068.html.
On the verge of exuberance over this new set of protections, I took a moment to carefully consider the scope of this protection and the framework within which it might be asserted.  What I found, as I have found before in other context (e.g., Backer, Larry Catá, The Sarbanes-Oxley Act: Federalizing Norms for Officer, Lawyer and Accountant Behavior. St. Johns Law Review, Vol. 76, pp. 897-952, 2002) is that whistleblower statutes continue to be constructed more as gesture than as a functionally effective set of protections for workers.  This new set of "protections" little different from the pattern already well established in federal law provides the appearance of protection that masks a narrow scope and a set of traps for the unwary.

This post considers the scope of this new protection  for employees of universities who work on a federal grant, subgrant or subcontract and the traps they resent for people who mistakenly believe they "whistleblow" under its protection. It suggests that while this provision serves as a lovely gesture, it provides substantially less robust protection for employees seeking to use its provisions. 


Monday, September 16, 2013

Penn State, Wellness and the Relationship With Third Party Service Providers

The Penn State University faculty Senate is moving toward its special meeting to vote on a resolution relating to the suspension of the Penn State Wellness program and the institution of a more robust engagement basis for structuring any future program,. (e.g., Special Faculty Senate Meeting to Consider Penn State Wellness Program: Announcement of Meeting of Senate Council to Review the Petition Along With Petition Text).  

(Pix (c) Larry Catá Backer 2013)


In that connection, it may be useful to consider not only the relationship among university stakeholders, but also between the university and its external partners, particularly Highmark.  To that end this post republishes the 2007 announcement of the current basis of that relationship and its collateral effects.  Further detail may be useful in judging this relationship and its consequences for the way in which the Wellness Program was developed, structured and operationalized.