‘The most important indication of bias is your own feelings,” the University of Michigan advises students. It then urges them to report on their peers, anonymously if they prefer, “and to encourage others to report if they have been the target or witness of a bias incident.”
The Bias Response Team is there, ready to investigate and mete out justice. More than 200 American campuses have established similar administrative offices to handle alleged acts of “bias” that violate no law. A federal lawsuit filed Tuesday against the University of Michigan is the first in the nation to challenge the constitutionality of these Bias Response Teams.
The case is brought by Speech First, a membership group primarily made up of college students, alumni and their families. It alleges that Michigan’s student code and Bias Response Team violate the First Amendment by threatening to penalize protected expression. “Even apart from any punishments that may result at the end of the process,” the lawsuit argues, the team’s existence has a chilling effect on speech. Speech First seeks a permanent injunction prohibiting the Bias Response Team from investigating students.
University spokeswoman Kim Broekhuizen said the Bias Response Team has operated “for a number of years, and we have certainly not seen it chill speech here.” Team members include top administrators and campus law enforcement. Despite repeated inquiries, no one from the team was available to answer questions.
Students found responsible for a “bias incident” face discipline, which ranges from training sessions to suspension or expulsion. As for what constitutes bias, that’s vague—unconstitutionally so, argues Speech First. The existence of an offended party can be sufficient to prove “bias.” The team warns potential offenders that bias “may be intentional or unintentional.” Similarly, the student code prohibits “harassment,” which it defines as “unwanted negative attention perceived as intimidating, demeaning or bothersome to an individual.” Here, subjective perception serves as evidence.
What if the expression of a controversial or unpopular opinion bothers someone? Under the University of Michigan’s rules, “the most sensitive student on campus effectively dictates the terms under which others may speak,” Speech First says. Since April 2017, students have reported more than 150 bias incidents. These include complaints about social-media posts, drawings, comments, phone calls and even “intentional item placement”—whatever that means. The Bias Response Team has also investigated speech or other expression even when it occurred off-campus.
These details come from the bare-bones bias-incident log the university publishes online. I wanted a deeper look, so two years ago I requested a year’s worth of bias reports and the notes from any investigation or response. The university thwarted this inquiry by imposing a fee of more than $2,400 for the public records. But the log shows that in one reported incident of verbal bias in the classroom, the Bias Response Team said it referred a university employee to administrators who “shared concerns with the academic department involved.” In several other cases, the Bias Response Team determined that some reported acts of verbal bias could constitute sex discrimination under Title IX, referring them to the Office of Institutional Equity.
Even if the Bias Response Team doesn’t officially discipline an alleged bias offender, its handling of the incident can chill speech, as a recent case at the University of Northern Colorado illustrates. Adjunct professor Mike Jensen had asked his students to read Greg Lukianoff and Jonathan Haidt’s “The Coddling of the American Mind” and debate controversial subjects, including gay marriage and transgender issues. CONTINUE AT SITE
