09 Jun Liability: the new barrier to higher education?

Recently, the University of Washington has made notice that it will be adding a “check box” for past violent criminal offenses in the application which would require an extra step in the application: a written explanation by the hopeful student that would then be reviewed by a separate committee. There has been push back, but the more fascinating tactic to push forward has been one of “safety and security” on campus. Frankly, my biggest safety concerns have been from mentally unstable students, who, by law cannot be (and nor would i ever advocate that they should be) denied access to the University. But because somehow (and i am hard pressed to find out who blabbed and how – a question nobody has asked) three students were admitted last year who have convictions for violent crimes, sending ripples of panic and fear toward the administration, this has emerged as the response. I am pointedly saying that these ripples were not sent into the student body – indeed, i find it hard to imagine that anyone really cares that much beyond those who have no concern for privacy of others.

What does keep surfacing in the conversations being had in listservs and online is one of “liability.” Well, that’s refreshing honesty form the UW Administration. But i return to my first concern – and point out that there are only three things that they could possibly do to mitigate liability:

1. deny entry of students
2. “warn” students, instructors, and faculty
3. offer greater social service and support services

Responding to #1: Clearly, the administration is leaning on the more than ample evidence that even asking a question like this on an application is going to limit some people from applying. There is no shortage of research on this. When did the State University system decide to become a gatekeeper against re-integration? The State University system was set up with the idea that everyone has a right to education – not just the select and primed few. Already, there are barriers to university in place – federal loans and grants are not accessible to anyone with a drug offense; SATs, the entrance exams are skewed and biased, disproportionately effecting low SESs and PoCs; success in university is dependent upon much more than academic ability, etc.

Responding to #2: Absolutely not. Privacy is absolutely paramount. Individuals cannot and should not be judged on who they were, but on who they are. Nor do i have any interest in teaching in a culture of fear. Our students come to learn, not to be judged. They come to expand, not to be shoved in tiny boxes. I already have extreme difficulty with the penal system as a form of “rehabilitation” – i certainly don’t believe that it needs to follow people around for the rest of their lives. Time served is time served. If that was deemed the appropriate punishment – no matter how much i may disagree – then they are done being punished, and i will not be made party to the continuation of punishment, to an extended economy of oppression.

Responding to #3: Clearly the University has very little interest in the welfare of their “at-risk” students or those who come in contact with them. During a particularly trying quarter, i ended up in the Ombudsperson’s office after trying every other avenue i could think of. My only recourse, i was told, was to file a formal complaint that would go on the student’s permanent record. With enough of these complaints, the student could be expelled. I refused to file. All i was looking for was help for the student and guidance on how better to serve him/her. The University’s response was to put them on the short-list to expulsion.

Perhaps most distressing to me and at least a few of my colleagues is the fact that, because of racial profiling and other criminal justice systemic behaviours, low SES, housing-insecure, PoCs, and other already-marginalized groups are disproportionately apprehended, detained, and convicted in the U.S. Interestingly, by their own admission, the University of Washington is falling severely behind in diversity, at least in graduate student diversity (comparative data on undergrads was a little more difficult to find). But let’s keep it real, folks – it is, after all, about the University’s liability, not as the feel-good intro to the Diversity page would suggest:

At the University of Washington, diversity is integral to excellence. The University values and honors diverse experiences and perspectives, strives to create welcoming and respectful learning environments, and promotes access, opportunity, and justice for all. Valuing and honoring diversity.  It’s the Washington way.