The College Fix thecollegefix.com 13 Jan, 2021 09:30 am

New paper warns universities use legal tricks to silence controversial professors

New paper warns universities use legal tricks to silence controversial professors
‘Scholastic Gag Orders.'

p p ‘Scholastic Gag Orders’ Non-disparagement agreements and mandatory arbitration clauses are being increasingly used, most notably by private Christian colleges, as a cudgel to silence controversial professors and force them to leave campus quietly, according to a new policy paper.It is titled: “Scholastic Gag Orders: NDAs, Mandatory Arbitration, and the Legal Threat to Academics.” Mandatory arbitration clauses force people in contract conflicts to settle disputes without going to court, and instead to use an arbitrator.Although they were initially legalized to help businesses, mandatory arbitration clauses are now being used to silence professors, Baskerville argues.

Jenna Robinson, president of the Martin Center, said she believes that this is an important issue for higher education because mandatory arbitration clauses are “a method of suppressing free speech that’s flying under the radar right now.Another refused to sign but is reluctant to talk because his case is covered by mandatory arbitration.

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