YPSILANTI, Mich – Eastern Michigan University (EMU) is facing a lawsuit for suspending a professor who responded to the racist graffiti around campus.
Mark Higbee, a professor of American History at EMU is filing a lawsuit against the President of the university, the Board of Regents and the university itself after being suspended for one semester without pay.
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Higbee is filing on the basis that his post was protected under the First Amendment's right of free speech an is seeking $75,000 in damages for economical and emotional distress.
In the fall of 2016, EMU's campus had been the target of racist graffiti targeted towards African-Americans with "KKK" and "the n-word." sprayed on Ford Hall. On Oct. 24, 2017, Higbee wrote the following on the EMUTALK Facebook page:
"EMU Administrators, a small group of well paid white guys in suits (plus one woman and a few lower level "HN in C" functionaries), lacked the insight to imagine that they could ever, possibly, be remotely seen as responsible for institutional racist practices. And so they continued to act as the aggrieved party, needlessly alienating students who objected to racism. Why EMU officials, earning six figures or more, took this stance can only be explained by a combination of 1. ignorance about what racism is, 2. overconfidence that they are the good guys, 3. a lack of knowledge generally."
On December 13, 2017, Eastern Michigan University suspended Higbee without pay for one semester, required him to attend and complete a one-on-one training session with a professional consultant and banned Higbee from the campus and the university's e-mail system.
Higbee, a member of the Eastern Michigan University Chapter of American Association of University Professors, grieved the suspension and discipline. The grievance went into arbitration, which was held on March 14, 2018 and April 11, 2018. On July 23, 2018 arbitrator Barry Goldman reversed the decision to suspend and discipline Higbee.
Here is a statement from EMU:
"The University stands firmly behind the disciplinary action taken against Professor Higbee and will defend itself vigorously in this matter. The First Amendment does not protect Professor Higbee's use of a racial slur in this context. Specifically, Professor Higbee's statements represent an egregious violation of University employment standards and core values, which serve to uphold important ideals and principles such as excellence, respect, inclusiveness, responsibility and integrity. These values are designed to provide an overview of appropriate behavior, and serve to protect the greater University community from inappropriate conduct by any University employee. Words used in the workplace matter, whether issued in person or via an online EMU-centric forum. The fact that the posts in question were issued during Dr. Higbee's posted office hours reinforces the legitimacy of the University's decision. The University stands behinds its actions in this matter. There is no place on our campus for this kind of conduct.
"Core values :
"Excellence – We provide an exceptional environment to our faculty, staff, and students. We improve our performance continuously and strive to be the best in everything we do.
"Respect – We care for our people, communities and the environment and show respect for the dignity of the individual.
"Inclusiveness – We create an environment that supports, represents, embraces and engages members of diverse groups and identities.
"Responsibility – We are accountable – individually and in teams – for our behaviors, actions and results. We keep commitments.
"Integrity – Integrity and transparency are critical to our institutional effectiveness. We pursue the highest level of personal, intellectual, academic, financial and operational integrity within the University community."