Brandeis University: Professor Found Guilty of Harassment for Protected Speech

Case Materials

• "FIRE Exposes Unrepentant Abusers of Liberty in ‘U.S. News’ College Rankings Issue," FIRE Press Release, 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," Robert Shibley, 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," FIRE Press Release, 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 Students Struggle with JuicyCampus and Anonymous Speech," Robert Shibley, December 9, 2008
• "Student Op-Ed Blasts Brandeis for Continuing Hindley Affair," Luke Sheahan, November 7, 2008
• "Condemnations Continue for Brandeis Administration," Brandon Stewart, October 27, 2008
• "Brandeis Students Start Three New Organizations to Protect Their Rights," Luke Sheahan, October 21, 2008
• "‘Wetbacks’ Case Still Roiling Brandeis," Adam Kissel, September 26, 2008
• "Nat Hentoff on Brandeis: ‘The Most Outrageous Case of All’," Peter Bonilla, September 24, 2008
• "Brandeis Hires University Defender to Teach about ‘Racially Harassing Speech’," Adam Kissel, September 22, 2008
• "FIRE Uses Facebook to Target Worst College Offenders," Brandon Stewart, September 17, 2008
• "Brandeis Faculty, Administration Still at Odds," Brandon Stewart, September 11, 2008
• "How Can Brandeis University Get Off FIRE's Red Alert List?," Adam Kissel, August 26, 2008
• "Where is the Alumni Outrage Over the Brandeis Administration’s Shameful Behavior?," Brandon Stewart, 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," Jake Summerhays, July 22, 2008
• "Brandeis Alumnus Blasts University for Treatment of Professor," Luke Sheahan, July 11, 2008
• "FIRE Calls on Brandeis to Resolve Faculty Revolt," 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," Adam Kissel, July 3, 2008
• "Brandeis University “Honored” in 'The Boston Phoenix’s' 2008 Muzzle Awards," Peter Bonilla, June 30, 2008
• "Faculty Rights vs. Provostal Abuses at Brandeis," Adam Kissel, May 22, 2008
• "Brandeis Faculty Continues to Revolt in ‘Wetbacks’ Case," Adam Kissel, May 19, 2008
• "“Muzzle Tov” to Brandeis and Valdosta State from Greg," Erin Osovets, April 11, 2008
• "Demonstration at Brandeis Today—Red Alert in Action," Adam Kissel, April 10, 2008
• "Associated Press, Harvey Silverglate and Blogosphere Cover the Jefferson Muzzles," Erin Osovets, April 10, 2008
• "Brandeis Faculty Senate Excoriates Administration, Revolts," Adam Kissel, March 26, 2008
• "Editorial Warns of Brandeis’s Waning Reputation Over Speech Controversies," Adam Kissel, March 26, 2008
• "Brandeis Student Press Critiques More Violations of Free Speech," Erin Osovets, March 7, 2008
• "Brandeis Faculty Step Up to Defend Academic Freedom, Attack Administration," Adam Kissel, February 7, 2008
• "FIRE Alerts Brandeis Trustees to Hindley Case," Adam Kissel, February 6, 2008
• "The Case of Donald Hindley: Eerily Familiar, Inexcusably Handled," Greg Lukianoff, February 1, 2008
• "‘The Brandeis Hoot’ Seeks Answers from Administration," Erin Osovets, February 1, 2008
• "After Brandeis Response, Professor Volokh Asks Tough Questions," William Creeley, January 30, 2008
• "FIRE in the Brandeis Student Press," Azhar Majeed, January 30, 2008
• "Brandeis Provost Misrepresents Its Prosecution of Professor's Classroom Speech," Adam Kissel, January 29, 2008
• "Professor Condemns Brandeis’s Treatment of Donald Hindley," Samantha Harris, January 28, 2008
• "FIRE Speaks About Brandeis on WBZ Radio Tonight," Greg Lukianoff, January 25, 2008

Media Coverage

• "The Hindley case: Not over yet," 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.," Nat Hentoff, The Washington Times, September 29, 2008
• "Brandeis University dishonors its name," Nat Hentoff, WorldNetDaily, September 24, 2008
• "Justice Brandeis would be proud … or would he?," 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," Anya Bergman, The Justice, March 18, 2008
• "FIRE founder discusses speech," David Pepose, The Brandeis Hoot, March 14, 2008
• "Prof investigated for offensive class remark," Kimberly Wexler, The Daily Free Press, February 6, 2008
• "ACLU statement criticizes Provost," David Pepose, The Brandeis Hoot, February 1, 2008
• "FIRE publishes report on Hindley," Noah Bein, The Justice, January 29, 2008
• "Ethnic sensitivities threaten academic freedom," Joe Murray, The Bulletin, January 28, 2008
• "Shhh! Free speech crackdown on campus," Margery Eagan, Boston Herald, January 27, 2008
• "Brandeis professor says his right to free speech violated," Stephanie Siek, The Boston Globe, January 25, 2008
• "Civil liberties group defends Hindley," David Pepose, The Brandeis Hoot, January 25, 2008
• "Prof fights reprimand for ‘wetback’ reference," Marie Szaniszlo, Boston Herald, January 25, 2008
• "Slang term use lands professor in hot seat," 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," Harvey Silverglate, The Phoenix, January 24, 2008
• "Brandeis professor under fire for description of racial epithet," Mark Pratt, The Boston Globe, January 24, 2008
• "Harassment vs. academic freedom, round two," 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," Associated Press (AP), Eyewitness News WPRI, January 24, 2008

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