Chronicle of Higher Education
kent greenfield
Letter-Writing Campaign Seeks to Persuade Trustees to Open Campuses to Military
Recruiters
By SARA LIPKA
The American Council of Trustees and Alumni announced on Wednesday a campaign
to urge trustees to guarantee military recruiters' access to their campuses,
even if university officials have sought to block the recruiters.
The law schools at Columbia, Harvard, and Yale Universities, among other institutions,
have attempted to bar military recruiters from their campuses on the grounds
that the armed forces discriminate against gay men and lesbians, a practice
not in keeping with the universities' nondiscrimination policies. The trustee-and-alumni
group called the universit ies "hypocritical" for still accepting
hundreds of millions of dollars in grants and contracts from government agencies.
"These elite institutions offer a perfect case study in Hypocrisy 101.
Either they should reject federal money because of their convictions, or let
recruiters on campus, now and forever," Anne D. Neal, president of the
group, said in a written statement. Administrators' decisions to limit the access
of military recruiters is a form of "political activism," she said.
The question of whether colleges may ban recruiters without risking their federal
funds is currently before the U.S. Supreme Court. The justices will hear arguments
on December 6 in a case that pits the Defense Department against the Forum for
Academic and Institutional Rights, whose members include various law schools
and faculties (The Chronicle, May 3).
Last November the U.S. Court of Appeals for the Third Circuit declared unconstitutional
the 1994 law that gives federal agencies the power to withhold funds from colleges
that restrict military recruiters' access to their students (The Chronicle,
December 10, 2004).
Regardless of the Supreme Court's decision in the case, the access of military
recruiters "is an issue that trustees should address seriously because
it does directly implicate the rights of students to have information about
possible careers" and "to learn to think for themselves," said
Ms. Neal in an interview.
This week her group is sending approximately 50 letters to individual trustees
at Harvard, Yale, Columbia, and Stanford Universities, urging the board members
to ensure equal access for all recruiters, "whether or not employers' policies
mirror those of the university."
Kent Greenfield, a professor of law at Boston College and founder of the Forum
for Academic and Institutional Rights, which brought the lawsuit in the case
now before the Supreme Court, said he found it "unfortunate that advocates
for universities and institutions of higher learning believe that such institutions
ought to be an arm of the federal government."
"Every other academic institution or collective body that has weighed in
has weighed in on our side, on the side of the First Amendment," he said,
citing supporting briefs filed by the American Association of University Professors
as well as various universities and groups of law professors. "It's simply
not the law and shouldn't be the law that the government can force people to
waive their constitutional rights as a condition of federal funding," he
said.
While they await the Supreme Court's decision, many institutions have responded
to pressure from federal agencies by allowing military recruiters back on their
campuses (The Chronicle, September 23). Just three institutions -- New York
Law School, Vermont Law School, and the William Mitchell College of Law -- have
stood their ground and lost some federal funds, according to Mr. Greenfield.
The American Council of Trustees and Alumni will continue its letter-writing
campaign in the following weeks, said Ms. Neal. Her group, which was founded
in 1995 by Lynne V. Cheney, the former chairman of the National Endowment for
the Humanities, includes representatives of all of the institutions whose trustees
will receive letters, Ms. Neal said.
In her statement, Ms. Neal calls on trustees "to stop administrators and
faculty from playing politics and to take a strong stand in favor of access
to military recruiters."