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Brandeis University: Professor Found Guilty of Harassment for Protected Speech

Brandeis University declared a professor guilty of racial harassment and placed a monitor in his classes after he criticized the use of the word "wetbacks" in his Latin American Politics course. Professor Donald Hindley, a nearly 50-year veteran of teaching, was neither granted a formal hearing by Brandeis nor provided with the substance of the accusations against him in writing before a verdict was reached. Determined not to be branded as a racial harasser simply for using a word in the process of explaining it, Hindley appealed the decision. Provost Marty Krauss pointedly ignored various responsibilities to consult with the Faculty Senate and Krauss' assertion of arbitrary administrative power angered the Faculty Senate, which has refused to peacefully surrender its bargained-for rights and led to a total meltdown of faculty-administration relations. Hindley has also alleged that he was targeted for his political views including his pro-Palestinian advocacy. The unwillingness of the administration to reach a resolution in this case has led FIRE to place Brandeis University on its Red Alert list as one of the worst of the worst abusers of liberty on campus.

Case Materials

• "FIRE 2010 U.S. News Letter to President Reinharz," January 7, 2010
• "Full-page Advertisement in 'The Brandeis Hoot'," February 13, 2009
• "Brandeis University in Hard Times: No Better Time to Heal Free Speech Wounds," February 3, 2009: Brandeis University's administration is in quite a pickle trying to maintain the trust of faculty members and students as it takes action to survive the economic downturn. The most controversial action has been the announced closing of Brandeis' Rose Art Museum in order to sell off approximately $350 million of the museum's holdings. In these times, one would think that President Jehuda Reinharz would be doing everything he can to heal the wounds that have made it difficult for faculty members and students to trust his administration. Perhaps the most important such wound involves the case of Professor Donald Hindley, who after almost 50 years of teaching was subjected to a classroom monitor and a finding of guilt for racial harassment because he had critiqued the term "wetbacks" in his Latin American Politics course. Brandeis needs to put an end to more than a year's worth of sustained faculty and student outrage over the treatment of Professor Hindley.
• "FIRE Exposes Unrepentant Abusers of Liberty in ‘U.S. News’ College Rankings Issue," August 25, 2008: The 2009 edition of U.S. News and World Report's America's Best Colleges issue, released today, includes a full-page advertisement from FIRE highlighting the five colleges and universities that have earned FIRE's Red Alert distinction for being the "worst of the worst" when it comes to liberty on campus. Students should think twice before choosing to attend Red Alert schools, which include Brandeis University, Colorado College, Johns Hopkins University, Tufts University, and Valdosta State University.
• "US News and World Report FIRE ad," August 25, 2008
• "FIRE's Letter to Brandeis Trustee Kenneth S. Kaiserman," July 21, 2008
• "FIRE's Letter to Brandeis University President Jehuda Reinharz," July 9, 2008
• "Brandeis’ Inexplicable War Against Its Faculty," July 3, 2008
• "Brandeis University Committee on Faculty Rights and Responsibilities: Report from May 15 Faculty Meeting," May 22, 2008
• "Final Faculty Meeting Senate Chair Report, May 15, 2008," May 15, 2008
• "Brandeis Faculty Senate Minutes, May 1, 2008," May 1, 2008
• "Report from the Committee on Faculty Rights and Responsibilities, Brandeis Faculty Meeting," April 10, 2008
• "Statement by Provost Marty Krauss," April 10, 2008
• "Brandeis Faculty Senate Minutes, March 13, 2008," March 13, 2008
• "Brandeis University Faculty Senate Meeting Minutes, January 31, 2008," February 6, 2008
• "FIRE's Letter to Brandeis University's Board of Trustees, Feburary 5, 2008," February 5, 2008
• "Editorial: There is such a thing as bad publicity," The Brandeis Hoot, February 1, 2008
• "The Provost Statement, January 29, 2008," January 29, 2008
• "Brandeis University Tramples Free Speech and Academic Freedom," January 23, 2008: Brandeis University declared a professor guilty of racial harassment and placed a monitor in his classes after he criticized the use of the word "wetbacks" in his Latin American Politics course. Professor Donald Hindley, a nearly 50-year veteran of teaching, has neither been granted a formal hearing by Brandeis nor provided with the substance of the accusations against him in writing. Hindley has turned to FIRE for help.
• "Brandeis University Non-Discrimination and Harassment Policy," January 23, 2008
• "Brandeis University Faculty Handbook," January 23, 2008
• "Report from Committee on Faculty Rights and Responsibilities, December 19, 2007," December 19, 2007
• "FIRE Letter to Brandeis University President Jehuda Reinharz, December 12, 2007," December 12, 2007
• "Report from Committee on Faculty Rights and Responsibilities, December 10, 2007," December 10, 2007
• "Report from Committee on Faculty Rights and Responsibilities, November 29, 2007," November 29, 2007
• "Brandeis University Faculty Senate Resolution, November 8, 2007," November 8, 2007
• "Letter from Provost Marty Krauss to Professor Donald Hindley, October 30, 2007," October 30, 2007
• "Letter from Director of Employment Jesse Simone to Professor Donald Hindley, October 30, 2007," October 30, 2007

Blog Entries

• "Brandeis Student Column Assails Politically Correct Culture, Criticizes Hindley Punishment," by Peter Bonilla, November 24, 2010
• "Red Alert at Brandeis University: Administration Must Clear Professor's Name," by Samantha Harris, September 9, 2010
• "Still Looking for a New Year's Resolution, Red Alert Schools?," by Peter Bonilla, January 14, 2010
• "Former FIRE Intern: Brandeis Must Reform Its Ways to Get Off Red Alert List," by Luke Sheahan, September 29, 2009
• "President Who Made Brandeis University a FIRE 'Red Alert' School Resigns," by Adam Kissel, September 25, 2009
• "FIRE Intern, Student Leader Both Defend Faculty and Student Rights in Brandeis Student Newspaper," August 28, 2009
• "How Can Brandeis University Get Off FIRE’s Red Alert List?," by Peter Bonilla, August 26, 2009
• "FIRE Shines a Light on Brandeis University in 'Huffington Post' and Full-Page Ad," by Robert Shibley, February 13, 2009: FIRE is applying Supreme Court Justice Louis Brandeis' maxim "sunlight is the best of disinfectants" to his namesake university in a big way today. First, an article by FIRE President Greg Lukianoff in The Huffington Post discusses Brandeis' refusal to apologize for its treatment of tenured Professor Donald Hindley, who was found guilty by the university of "racial harassment" for using the term "wetbacks"—in the context of criticizing the term—in his class. FIRE also took its argument straight to Brandeis' students with a full-page advertisement in the Brandeis Hoot student newspaper reminding students of Justice Brandeis' commitment to free speech and encouraging them to demand that the administration reverse its shameful decision in Professor Hindley's case. FIRE will continue to pressure Brandeis until it takes steps to remove itself from FIRE's Red Alert list of the worst offenders against liberty on campus.
• "Reply to Comment on Brandeis Case," by Adam Kissel, February 12, 2009
• "Silverglate and Creeley on Brandeis Scandal in ‘Minding the Campus’," by Greg Lukianoff, February 10, 2009
• "FIRE Op-Ed: Brandeis Administration Must Demonstrate Integrity to Avoid Calamity," February 10, 2009: With two new op-eds, FIRE staffers launched a renewed campaign against Brandeis University's leadership, which has been under heavy fire over the past few weeks for its mishandling of the Rose Art Museum controversy. In a powerful op-ed in today's edition of The Justice, Adam Kissel discusses the ongoing tempest at Brandeis regarding the future of the Rose Art Museum and what it reveals about the viability of President Jehuda Reinharz's administration at Brandeis. Adam explains that the current uproar on campus is a part of a larger crisis of leadership evidenced by the school's treatment of Professor Donald Hindley. To move forward and begin rebuilding its reputation, Brandeis should rescind its finding against Hindley. In a separate article on Minding the Campus, Will Creeley and Harvey Silverglate locate the common thread between Reinharz's handling of the Rose Art Museum crisis and Professor Hindley's mistreatment: Reinharz's arrogance and heavy-handed administration.
• "Brandeis University in Hard Times: No Better Time to Heal Free Speech Wounds," by Adam Kissel, February 2, 2009
• "Brandeis Backs Down on New Free Speech Issue," by Adam Kissel, February 2, 2009
• "Brandeis Students Struggle with JuicyCampus and Anonymous Speech," by Robert Shibley, December 9, 2008
• "Student Op-Ed Blasts Brandeis for Continuing Hindley Affair," by Luke Sheahan, November 7, 2008
• "Condemnations Continue for Brandeis Administration," October 27, 2008
• "Brandeis Students Start Three New Organizations to Protect Their Rights," by Luke Sheahan, October 21, 2008
• "‘Wetbacks’ Case Still Roiling Brandeis," by Adam Kissel, September 26, 2008
• "Nat Hentoff on Brandeis: ‘The Most Outrageous Case of All’," by Peter Bonilla, September 24, 2008
• "Brandeis Hires University Defender to Teach about ‘Racially Harassing Speech’," by Adam Kissel, September 22, 2008
• "FIRE Uses Facebook to Target Worst College Offenders," September 17, 2008
• "Brandeis Faculty, Administration Still at Odds," September 11, 2008
• "How Can Brandeis University Get Off FIRE's Red Alert List?," by Adam Kissel, August 26, 2008
• "Where is the Alumni Outrage Over the Brandeis Administration’s Shameful Behavior?," August 20, 2008: The Brandeis University administration continues to maintain public silence about its unfair treatment of Donald Hindley, a beloved professor of nearly 50 years who had a monitor placed in his classroom after he critiqued the term "wetbacks" in class. President Jehuda Reinharz has never responded to FIRE's letters. Why have Brandeis's alumni chosen not to confront Reinharz and Provost Marty Krauss as the faculty and many students have done? While the faculty and the press (including national media and both student newspapers) have come to the defense of Hindley, where are notable trustees and alumni such as Mitch Albom, Sidney Blumenthal, Martin Peretz, Robert Zimmer, and Vartan Gregorian?
• "Now I’m Offended," by Jake Summerhays, July 22, 2008
• "Brandeis Alumnus Blasts University for Treatment of Professor," by Luke Sheahan, July 11, 2008
• "FIRE Calls on Brandeis to Resolve Faculty Revolt," by Adam Kissel, July 10, 2008: Given the unprecedented revolt of faculty and students at Brandeis University, FIRE has called on President Jehuda Reinharz to rescind the ill-conceived finding of guilt against Professor Donald Hindley in order to restore order and Brandeis University's good name. This revolt has involved multiple unanimous faculty resolutions against the administration, faculty reports demonstrating that Brandeis administrators violated Professor Donald Hindley's academic freedom and due process rights, the withdrawal of faculty support for the school's harassment policy, the suspension of hearing new faculty grievances, and withering public attention. The faculty is rightly concerned about the "chilling atmosphere concerning free speech" at Brandeis since Provost Marty Krauss placed a monitor in Hindley's classes and threatened him with termination after he criticized the term "wetbacks" in class. FIRE is asking the 160 recipients of copies of our letter to contact President Reinharz and urge him to end this sorry chapter of Brandeis's history.
• "Brandeis’ Inexplicable War Against Its Faculty," by Adam Kissel, July 3, 2008
• "Brandeis University “Honored” in 'The Boston Phoenix’s' 2008 Muzzle Awards," by Peter Bonilla, June 30, 2008
• "Faculty Rights vs. Provostal Abuses at Brandeis," by Adam Kissel, May 22, 2008
• "Brandeis Faculty Continues to Revolt in ‘Wetbacks’ Case," by Adam Kissel, May 19, 2008
• "“Muzzle Tov” to Brandeis and Valdosta State from Greg," April 11, 2008
• "Demonstration at Brandeis Today—Red Alert in Action," by Adam Kissel, April 10, 2008
• "Associated Press, Harvey Silverglate and Blogosphere Cover the Jefferson Muzzles," April 10, 2008
• "Brandeis Faculty Senate Excoriates Administration, Revolts," by Adam Kissel, March 26, 2008
• "Editorial Warns of Brandeis’s Waning Reputation Over Speech Controversies," by Adam Kissel, March 26, 2008
• "Brandeis Student Press Critiques More Violations of Free Speech," March 7, 2008
• "Brandeis Faculty Step Up to Defend Academic Freedom, Attack Administration," by Adam Kissel, February 7, 2008
• "FIRE Alerts Brandeis Trustees to Hindley Case," by Adam Kissel, February 6, 2008
• "The Case of Donald Hindley: Eerily Familiar, Inexcusably Handled," by Greg Lukianoff, February 1, 2008
• "‘The Brandeis Hoot’ Seeks Answers from Administration," February 1, 2008
• "After Brandeis Response, Professor Volokh Asks Tough Questions," by William Creeley, January 30, 2008
• "FIRE in the Brandeis Student Press," by Azhar Majeed, January 30, 2008
• "Brandeis Provost Misrepresents Its Prosecution of Professor's Classroom Speech," by Adam Kissel, January 29, 2008
• "Professor Condemns Brandeis’s Treatment of Donald Hindley," by Samantha Harris, January 28, 2008
• "FIRE Speaks About Brandeis on WBZ Radio Tonight," by Greg Lukianoff, January 25, 2008

Media Coverage

• "Brandeis University Called Out for Free Speech Abuses in Its Student Newspaper,"
  by Greg Lukianoff, The Huffington Post, August 26, 2009
• "Will the real Brandeis please stand up?,"
  by Greg Lukianoff, The Huffington Post, February 12, 2009
• "J. Peter Freire: Attach strings to college donations,"
  by J. Peter Freire, The Providence Journal, February 11, 2009
• "OP-ED: University should solve censorship issue,"
  by Adam Kissel, The Justice, February 10, 2009
• "When speech isn’t free,"
  Boston Herald, February 1, 2009
• "The Hindley case: Not over yet,"
  by Daniel Ortner, The Brandeis Hoot, November 7, 2008
• "Editorial: Brandeis shames itself,"
  The Providence Journal, October 25, 2008
• "HENTOFF: Fear and intimidation at Brandeis U.,"
  by Nat Hentoff, The Washington Times, September 29, 2008
• "Brandeis University dishonors its name,"
  by Nat Hentoff, WorldNetDaily, September 24, 2008
• "Justice Brandeis would be proud … or would he?,"
  by Harvey Silverglate, The Phoneix, April 8, 2008
• "EDITORIAL: We didn't start the FIRE: Future of free speech at stake,"
  The Justice, March 25, 2008
• "Free speech 'dead' on campuses,"
  by Anya Bergman, The Justice, March 18, 2008
• "FIRE founder discusses speech,"
  by David Pepose, The Brandeis Hoot, March 14, 2008
• "Prof investigated for offensive class remark,"
  by Kimberly Wexler, The Daily Free Press, February 6, 2008
• "ACLU statement criticizes Provost,"
  by David Pepose, The Brandeis Hoot, February 1, 2008
• "FIRE publishes report on Hindley,"
  The Justice, January 29, 2008
• "Ethnic sensitivities threaten academic freedom,"
  by Joe Murray, The Bulletin, January 28, 2008
• "Shhh! Free speech crackdown on campus,"
  by Margery Eagan, Boston Herald, January 27, 2008
• "Brandeis professor says his right to free speech violated,"
  by Stephanie Siek, The Boston Globe, January 25, 2008
• "Civil liberties group defends Hindley,"
  by David Pepose, The Brandeis Hoot, January 25, 2008
• "Prof fights reprimand for ‘wetback’ reference,"
  by Marie Szaniszlo, Boston Herald, January 25, 2008
• "Slang term use lands professor in hot seat,"
  by Eric Athas, The Daily News Tribune, January 25, 2008
• "Prof in trouble for blasting ‘wetbacks’ slur,"
  WorldNetDaily, January 24, 2008
• "Professor takes heat over wetbacks stance,"
  Newsmax.com, January 24, 2008
• "Censorship at Brandeis, again,"
  by Harvey Silverglate, The Phoenix, January 24, 2008
• "Brandeis professor under fire for description of racial epithet,"
  by Mark Pratt, The Boston Globe, January 24, 2008
• "Harassment vs. academic freedom, round two,"
  by Andy Guess, Inside Higher Ed, January 24, 2008
• "Prof in trouble for blasting ‘wetbacks’ slur,"
  WorldNetDaily, January 24, 2008
• "Brandeis professor under fire for description of racial epithet,"
  by Associated Press (AP), Eyewitness News WPRI, January 24, 2008