We welcome HEA - we can only hope that they have learnt something

We welcome the visit to this blog by the Higher Education Academy on April 29, 2008 at 5:23pm. We can only hope that the HEA had a good look around and discovered the horror stories about institutionalised bullying in some HEIs. If they did, then they'll know that their suspension of a distinguished Professor follows a sad and normal trend. We recommend that those in power within the HEA read some interesting literature about mobbing in academia. In the meanwhile, this blog will continue to expose HEIs that ignore their own policies about dignity at work.

Academic freedom is a crucial right that must be maintained

We the undersigned wish to express our deep concern at the attack on academic freedom indicated by the Higher Education Academy’s suspension of Professor Lee Harvey as Director of Research and Evaluation. This appears to be an inappropriate use of disciplinary procedures. Many of us have worked closely with Professor Harvey and know that he has always been deeply committed to improving the quality of the student learning experience. To that end he has never been afraid to raise important issues and encourage thoughtful debate. We fear for the future of academic freedom if academic experts in any area are not allowed to express their considered opinions, even in a personal capacity. We firmly believe that academic freedom is a crucial right that must be maintained; free inquiry is not merely a right; it's a necessary element of any system that strives for progress.

Steve Aldred
Matthew Badcock
Professor David Boyd
Dr Joyce Canaan
Veronica Coatham
Matthew Cremin
Dr Haydn Davies
Gary Hazeldine
Professor Ann Hill (NTF; FHEA)
Dr Jane Hill
Professor Howard Jackson
Dave Keefe
Professor Julian Killingley
Anthony Lewis
Barbara McCalla
Alan Mabbett
Dr Bill Madhill
Dr Rob Mawby
Professor Chris Painter
Bill Roper
Professor John Rouse
Professor Douglas Sharp
Greta Shields
Cynthia Slater
Professor Philip Smallwood
Dr George Smith
Dr Neil Staunton
Graham Wright

From: http://www.timeshighereducation.co.uk

Of course they do, don't they all?

HEA draws worldwide criticism over suspension, 24 April 2008, Times Higher Education. By John Gill

Academics from around the world have joined in criticism of the Higher Education Academy following the suspension of its director of research and evaluation. Lee Harvey was suspended from the post, pending investigation, after he criticised the National Student Survey in a letter written in a personal capacity and published in Times Higher Education.

It is understood that the HEA is investigating whether he broke a clause of his contract banning him from writing letters for publication without the academy's clearance.

Dozens of academics, some from as far away as South America, South Africa and Australia, have rallied to Professor Harvey's defence after Times Higher Education reported his suspension. Via posts to the Times Higher Education website and letters to the HEA, many accuse the academy of trampling academic freedom. The suspension was "totally unacceptable", said Chris Rust, a fellow of the HEA. "I would suggest that the academy ... needs all the friends it can get," he added.

John Rouse, dean of law, humanities, development and society at Birmingham City University, said he was "shocked, astonished, appalled" by the suspension. In a letter to Bob Burgess, HEA chairman, he said: "This reflects badly on the HEA's attitude to academic freedom."

Carmen Fenoll, former pro vice-chancellor of the University of Castilla-La Mancha in Toledo, Spain, urged the HEA to rethink its position. "This is not in the benefit of this prestigious institution," she said.

Orlando Albornoz, a professor at the Central University of Venezuela, said: "It is devastating news for scholars living in countries like Venezuela ... I feel sorry about what has happened in this case in Great Britain, which we still look upon as a place of academic freedom."

Catherine Rytmeister, a higher education researcher writing from Sydney, Australia, said Professor Harvey "must be reinstated without delay".

The HEA said it had "full and fair" disciplinary procedures and supported academic freedom.

See: http://www.timeshighereducation.co.uk/story.asp?storycode=401505
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Of course they do, don't they all have "full and fair" disciplinary procedures...

Did they or did they not... and 'tick box' exercises

No automatic adverse inference for failing to complete discrimination questionnaires

In D’Silva v NATFHE & Others, Mr D’Silva, a university lecturer and member of the National Association of Teachers in Further and Higher Education (NATFHE) union, claimed the union had discriminated against him on grounds of race in the way it handled his applications for legal assistance in bringing discrimination claims against Manchester Metropolitan University. His complaints were dismissed by the Employment Tribunal. He appealed to the Employment Appeal Tribunal (EAT). His appeal included a claim that the Tribunal had refused to draw adverse inferences of discrimination from the alleged failure of the union to fully answer a Race Discrimination Act 1976 questionnaire.

The EAT dismissed Mr D’Silva’s appeal. It held that failure to answer a questionnaire, or indeed to provide other information or documents, does not automatically raise an inference of discrimination. While these are matters from which an inference can be drawn, it held that the drawing of inferences from such failures is not a "tick-box exercise". It is necessary in each case to consider whether, on the facts, the failure in question is capable of constituting evidence supporting the inference that the respondent acted discriminatorily in the manner alleged and, if so, whether, in the light of any explanation supplied, it does in fact justify that inference.

The EAT suggested that if a claimant pursues this point in circumstances where it is obvious that the failings have no bearing on the question of discrimination, he or she runs the risk of being penalised.

From: http://www.mondaq.com and: http://www.personneltoday.com

Timing is everything when you are stating the obvious...

On a day that UCU was in court (see: UCU in court) and a major issue relating to academic freedom of expression has been exposed at the HEA - UCU for the time being does not seem to have an opinion on this, what does UCU do? It releases an important report on college staff dissatisfaction. The report itself is worth reading, although there is nothing terribly new. Some highlights:

• 86% of college teaching staff responding feel they make a valuable contribution to society
• half do not feel valued by their employers
• only 22% believe they are rewarded adequately
• 51% feel they can't achieve a good work-life balance. This compares badly with other workplaces. In the UK as a whole, 66% of employees in all sectors say they can
• 51% of teaching staff say they're likely to leave FE in the next 5 years
• less than a third would recommend their college as a good place to work.
  

And what does Sally say?

'You really have to ask whether talented young people will want to enter, let alone stay, in a profession where dedication and achievement fail to command respect and adequate reward. If the government is not careful, it will find a yawning staffing gap in its skills strategy.

'Learners are very satisfied with their college lecturers. Lecturers deserve the satisfaction that comes from fair treatment, respect and just rewards.

'If the government is not careful... and so we pass the buck to the government after having discovered and stated the obvious when over at THES comments - many from other countries - take on the HEA (a body answerable to Universities UK, i.e. the bosses). What a radical union and how scared HEA must be of UCU! The government is not careful Sally, so what are we going to do about it? Perhaps release another report...

Academics criticise HEA for flouting principles of intellectual freedom

The Higher Education Academy has suspended its director of research and evaluation after the publication of a letter in Times Higher Education.

Lee Harvey's letter, which he wrote in a personal capacity, criticised the National Student Survey. Academics have condemned the suspension as a restriction of academic freedom. Times Higher Education understands that Professor Harvey is accused of breaching his contract by writing a letter for publication without HEA clearance. The decision to suspend him was taken by HEA chief executive Paul Ramsden, against whom Professor Harvey had previously lodged a grievance on an unrelated matter.

Earlier in his career Professor Ramsden was involved with the pioneering student experience survey in Australia, a forerunner to the UK NSS. Professor Harvey described the NSS in his letter as a "hopelessly inadequate improvement tool".

Today, in another letter to Times Higher Education, four academics condemn the HEA's handling of the case, which they say is a "breach of academic freedom".

Lyn Fawcett, chair of the University and College Union higher education committee in Northern Ireland, said he would consider quitting as a member of the HEA if Professor Harvey were not reinstated.

He said: "One has to question the integrity of the HEA if they are not prepared to allow someone who is a specialist in an area to have an expert opinion. It also raises questions about not just academic freedom but personal freedom. That an individual should not be allowed to express an opinion in a personal capacity outside of work is a disgrace."

Another fellow of the HEA, speaking anonymously, said: "You don't shut down a debate that has never been had. There's an atmosphere of intellectual terror surrounding this that is indicative of how afraid people are to speak out about anything."

Bernard Longden, professor of higher education policy at Liverpool Hope University, said: "We talk about the need for higher education to be a 'critical community'. Is this the most effective way that it can handle criticism?" Sean Mackney, HEA deputy chief executive, refused to comment on the suspension or the prior grievance between Professor Harvey and Professor Ramsden. He said: "The academy is a strong believer in the freedom of academics to publish and say what they wish about any matter. It would not be proper for me to comment on (this case) further."

However, a member of HEA staff, speaking anonymously, said there was a "great deal of unease" in the organisation, adding: "If, as we understand, the suspension is retaliation to the letter, then it is absolutely ridiculous and actually very damaging to the academy."

From: http://www.timeshighereducation.co.uk

UCU in court

My three day adjourned case against the UCU starts again in the London Kingsway Tribunal (next to Holborn Underground) at 10 am on Monday the 20th April 2008. If any of you can attend between Mon-Wed we welcome your support.

Please make sure if you attend that you sit on the same side as my Counsel or otherwise it will send the wrong signal of support to the Tribunal.

The case is in regard to the discriminatory rule 5.6 introduced by the UCU in 2006 during the amalgamation of the Union to deny members legal aid for questioning their legal advice.

Mr Wilkin is going to give evidence first followed by the following people Ms Sally Hunt, Mr Paul Mackney, Ms Brenda Kirsch (UCU editor) and Mr Andrew Pike.

From received email.

Don't let bullies crush your zest

Workplace bullying is often subtle but can destroy a victim's health, confidence and career. Harriet Swain outlines the steps you can take to nip this growing problem in the bud and where to get help.

He's going to make some comment. Or maybe she will, and then they'll all smirk. You're just waiting for it to happen. But maybe it won't. Or maybe it will and they're just having a joke. Maybe they're right - you are paranoid.

The problem with being bullied at work is that it is often subtle, says Matt Witheridge, operations manager at the Andrea Adams Trust, which specialises in workplace bullying. "In isolation, many of the events that make up workplace bullying can be trivial - simply a remark here and there," he says. "The important thing about bullying is its persistence."

P. K., who writes a blog on university bullying, says most academics who are bullied do not realise it until their health suffers or they have lost their job or gone through disciplinary procedures. He cites a checklist of indicators that bullying is taking place, which includes the following: rumours and gossip circulate about the target ("Did you hear what she did last week?"); the target is not invited to meetings or voted onto committees; there is a collective focus on a critical incident that "shows what kind of man he really is"; there is emotion-laden, defamatory rhetoric about the target in oral and written communications; the bullies put a high value on secrecy; the target's real or imagined sins are added up to make something that cries for action.

He warns that even if one or more of these things is clearly taking place, institutions will tend to defend the person accused of bullying because he or she is an employee.

But Witheridge says the worst thing you can do is suffer in silence because by the time you realise there really is a problem it is often too late to do anything about it and you may have already suffered considerably.

He advises getting as much support and advice as you can, including from organisations such as his, from family members, who are likely to be affected by your problems, and from doctors. As well as being able to treat symptoms of stress, many GPs are becoming increasingly aware of how widespread bullying is, he says.

Roger Kline, head of equality and employment rights at the University and College Union, advises keeping a diary of everything that you regard as contributing to the bullying. You should also keep copies of all letters, e-mails and anything else, such as notes of phone calls, that help establish what is going on.

He also suggests talking to your union rep, ideally the one in your own department because he or she may be aware of a pattern of bullying. "There may be other people currently being bullied, or the individual or individuals bullying you may have a history that the rep knows about but you don't," Kline says. "It may be possible to respond collectively." If there is a conflict of interest with the rep, who may be a friend of the bully, for example, you should talk to your branch or local association secretary.

P. K. says that a good union rep may be able to save your job, but it is unlikely he or she will be able to get redress against the perpetrator of the bullying. "Remember, if it went to disciplinary action your colleagues and people you consider to be your friends will think first of their jobs and won't stick their neck out for you," he warns. Nor is there any specific law in the UK against bullying.

But Kline says it is worth checking your institution's policy on bullying and harassment or dignity at work. While he advises against following any procedure without taking advice, it is useful to know what that procedure should be.

Witheridge says that making a formal complaint becomes much easier in an institution that has a good anti-bullying strategy. The strategy should set out who should deal with the complaint, how long it should take and what exactly bullying is.

Keren Eales, spokesperson for the College and University Support Network, says if the bullying can be classed as verbal or physical abuse you may also want to report it to the police, taking with you any evidence.

But a CUSN fact sheet on the topic suggests tackling the problem informally, by speaking to or writing to the person you feel is bullying you or asking someone else to speak to them on your behalf.

Charlotte Rayner, professor of human resource management at Portsmouth Business School, says the informal approach is almost always the best one to take. She says it is important to challenge unacceptable behaviour quickly and gently and not to escalate the situation. If you are not aware of informal ways of handling bullying, such as harassment advisers or mediators, ask your institution because it may prompt them to provide such methods if they don't already have them.

But if it proves impossible to resolve the matter informally, Kline says you need to take advice on formulating a grievance. This will need to set out your concerns and say clearly what you would like done, referring to the bullying and harassment or dignity-at-work policy and reminding management of the agreed timetable.

Alternatively, you could just try to tough it out or move to another area or organisation. P. K. says: "One response is to get out fast before you lose your health and get out when you are not at knives drawn with your manager." If you do decide to stay and fight it out, be prepared for it to take time.

Meanwhile, if you see someone else being bullied, say something, Witheridge urges. "One of the worst things is bystander apathy when people in the same team see what's going on and keep their head down because they don't want to attract similar attention."

From: http://www.timeshighereducation.co.uk

Now there's a thought

HR is like many parts of modern businesses: a simple expense, and a burden on the backs of the productive workers ... They don't sell or produce: they consume. They are the amorphous support services." So wrote Luke Johnson recently in the Financial Times. He went on: "Training advisers are employed to distract everyone from doing their job with pointless courses." Mr Johnson is no woolly-minded professor. He is in The Times Power 100 list, he organised the acquisition of PizzaExpress before he turned 30 and now runs Channel 4.

Why has human resources acquired such a bad public image? Like most groups, those in HR are intent on expanding their power and status, hence the name change from personnel. As personnel managers, they were seen as providers of a service and even, heaven forbid, as being on the side of the employees. As HR they become part of the senior management team, and see themselves as managing people.

My concern is the effect that that change is having on science. The problem with HR people managing science is that they have no idea how it works. They think every activity can be run as though it were Wal-Mart. That idea is old fashioned even in management circles. Good employers know that people work best when they are not constantly harassed and when they feel that they are assessed fairly. If the best people don't feel that, they just leave. That is why the culture of managerialism and audit will in the end do harm to any university that embraces it…

The "unrepentant capitalist" Luke Johnson also said in the FT: "I have radically downsized HR in several companies I have run, and business has gone all the better for it." Now there's a thought.

From: http://www.timeshighereducation.co.uk

Oh, Kingston, Kingston...

The following is a message received from a current student at Kingston University, which reveals the endemic culture of bullying, and which has extended to infect the lives of students. Names and other identifiers have been deleted at the request of the student, who fears retribution:

"I would like to remain anonymous until at least after I graduate but bullying within Kingston University is not just limited to academic staff. Students particularly postgraduate students are bullied if they raise any grievance about the way that the university is run, some are threatened with suspension from their course. A part time [DEPARTMENT DELETED] professor, [NAME DELETED] I think his name is, has made allegations to his students about the bullying of staff/postgraduate students including to the point that several of them left/dropped out.

The university would often use technicalities to suspend students, one student who had a grievance about the university was suspended for a week because he forgot to update a change in his term time address for example. There is an article in this issue of The River [student newspaper] that claims one student was bullied by her fellow students and when she made a formal complaint she was suspended from her course for a day, the reason being lack of attendance (she wasn't attending because she was getting bullied).

One way to test what I am saying is to make a FOI request for reasons why students have been suspended from the university and watch them either delay or not honour it. It is widespread.

The student union lacks enough independence from the university to deal with this issue. The [NAME OF CLUB DELETED] club was threatened with having its funding removed if it didn't remove one student from it. This often encourages the clubs and societies to take matters into their own hands and encourages student members of these clubs to intimidate members of the club into leaving. Bullying does not only occur among academic staff. It seems to be almost institutional."