Middlebury College Tag

Based on its Quarterly publication, the American Studies Association as of last year had 80 Institutional Members. Since ASA announced its academic boycott of Israel, we have confirmed that 6 universities have dropped their Institutional Memberships, while 11 more have denied being Institutional Members despite being so listed. The updated list appears at the very bottom of this post. While over 190 university presidents have denounced the ASA academic boycott of Israel, many have decided either to keep the membership or to leave the decision to individual American Studies Departments.  Some others are switching the membership listing to their American Studies Departments, rather than the full University name. Anything other than a full termination of Institutional Membership, however, opens up the universities to legal liability for national origin discrimination under Title VII of the Civil Rights Act of 1964. That potential liability is explained in a recent article by two attorneys at the Seyfarth Shaw law firm. Seyfarth Shaw is an 800+ international law firm with a 380+ attorney labor and employment law practice. On January 7, 2014, two Seyfarth Shaw attorneys published an article regarding the potential liability of university employers arising out of the ASA academic boycott. In their article, they make points similar to those I made in my challenge to ASA's tax-exempt status: The boycott constitutes national origin discrimination. While I approached it from the angle of whether such discrimination is a valid tax exempt purpose (it's not), the Seyfarth Shaw lawyers approached the problem from the perspective of employer liability under Title VII. Here are relevant portions of the Seyfarth Shaw analysis (emphasis added), including the recommendations of dropping institutional membership in ASA and evaluating whether boycott advocates can serve on hiring and tenure committees.

The President of Middlebury College issued one of the most stinging rebukes to the American Studies Association anti-Israel academic boycott: “the vote is a sad reflection of an extreme and hateful ideology of some members of the academy …. I urge others in the academic community to condemn the ASA boycott and reaffirm their support for academic freedom.” Now the American Studies Program at Middlebury College has followed suit by issuing an Open Letter to ASA's President and Executive Committee. (H/t Inside Higher Ed) The Middlebury professors made one of the points I made in the challenge to ASA's tax-exempt status, that the ASA mission as expressed in its Constitution does not include the anti-Isrel political activism which now dominates ASA.  The Open Letter reads, in part (emphasis added):

Below is an open letter to the President and Executive Committee of the American Studies Association. Though written by faculty at Middlebury College, we hope that many other institutional members of the ASA, American Studies programs, individual members, and present and former officers of the organization will support the letter’s call for discussion of the ASA’s mission statement.... To the President and Executive Committee of the American Studies Association: .... The American Studies Program at Middlebury does not support, and will not honor, the American Studies Association’s resolution to boycott academic institutions in Israel.... Beyond our concerns about the merits of academic boycotts in general (and this one in particular), we are concerned that the ASA resolution is inconsistent with the stated mission of the organization. The ASA seems to be neglecting, or at the very least interpreting in a particularly tendentious way, the language of its own constitution. Effectively a mission statement, Article I, Section 2 of the ASA constitution reads:

Sec. 2. The object of the association shall be the promotion of the study of American culture through the encouragement of research, teaching, publication, the strengthening of relations among persons and institutions in this country and abroad devoted to such studies, and the broadening of knowledge among the general public about American culture in all its diversity and complexity.