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Academia: A Presidential Resignation

Academia: A Presidential Resignation

President Gene Nichol of William and Mary was asked to step down from the position. Following is his letter to the community. It speaks for itself. What a shame.


Dear Members of the William & Mary Community:

I was informed by the Rector on Sunday, after our Charter Day celebrations, that my contract will not be renewed in July. Appropriately, serving the College in the wake of such a decision is beyond my imagining. Accordingly, I have advised the Rector, and announce today, effective immediately, my resignation as president of the College of William & Mary. I return to the faculty of the school of law to resume teaching and writing.

I have made four decisions, or sets of decisions, during my tenure that have stirred ample controversy.

First, as is widely known, I altered the way a Christian cross was displayed in a public facility, on a public university campus, in a chapel used regularly for secular College events — both voluntary and mandatory — in order to help Jewish, Muslim, Hindu, and other religious minorities feel more meaningfully included as members of our broad community. The decision was likely required by any effective notion of separation of church and state. And it was certainly motivated by the desire to extend the College’s welcome more generously to all. We are charged, as state actors, to respect and accommodate all religions, and to endorse none. The decision did no more.

Second, I have refused, now on two occasions, to ban from the campus a program funded by our student-fee-based, and student-governed, speaker series. To stop the production because I found it offensive, or unappealing, would have violated both the First Amendment and the traditions of openness and inquiry that sustain great universities. It would have been a knowing, intentional denial of the constitutional rights of our students. It is perhaps worth recalling that my very first act as president of the College was to swear on oath not to do so.

Third, in my early months here, recognizing that we likely had fewer poor, or Pell eligible, students than any public university in America, and that our record was getting worse, I introduced an aggressive Gateway scholarship program for Virginians demonstrating the strongest financial need. Under its terms, resident students from families
earning $40,000 a year or less have 100% of their need met, without loans. Gateway has increased our Pell eligible students by 20% in the past two years.

Fourth, from the outset of my presidency, I have made it clear that if the College is to reach its aspirations of leadership, it is essential that it become a more diverse, less homogeneous institution. In the past two and half years we have proceeded, with surprising success, to assure that is so. Our last two entering classes have been, by good measure, the most diverse in the College’s history. We have, in the past two and a half years, more than doubled our number of faculty members of color. And we have more effectively integrated the administrative leadership of William & Mary. It is no longer the case, as it was when I arrived, that we could host a leadership retreat inviting the 35 senior administrators of the College and see, around the table, no persons of color.

As the result of these decisions, the last sixteen months have been challenging ones for me and my family. A committed, relentless, frequently untruthful and vicious campaign — on the internet and in the press — has been waged against me, my wife and my daughters. It has been joined, occasionally, by members of the Virginia House of Delegates — including last week’s steps by the Privileges and Elections Committee to effectively threaten Board appointees if I were not fired over decisions concerning the Wren Cross and the Sex Workers’ Art Show. That campaign has now been rendered successful. And those same voices will no doubt claim victory today. It is fair to say that, over the course of the past year, I have, more than once, considered either resigning my post or abandoning the positions I have taken on these matters — which I believe crucial to the College’s future. But
as I did so, I thought of other persons as well.

I thought of those students, staff, faculty, and alumni, not of the religious majority, who have told me of the power of even small steps, like the decision over display of the Wren Cross, to recognize that they, too, are full members of this inspiring community.

I have thought of those students, faculty, and staff who, in the past three years, have joined us with explicit hopes and assurances that the College could become more effectively opened to those of different races, backgrounds, and economic circumstances — and I have thought of my own unwillingness to voluntarily abandon their efforts, and their prospects, in mid-stream.

I have thought of faculty and staff members here who have, for decades, believed that the College has, unlike many of its competitors, failed to place the challenge of becoming an effectively diverse institution center stage — and who, as a result, have been strongly encouraged by the progress of the last two years.

I have thought of the students who define and personify the College’s belief in community, in service, in openness, in idealism — those who make William & Mary a unique repository of the American promise. And I
have believed it unworthy, regardless of burden, to break our bonds of partnership.

And I have thought, perhaps most acutely, of my wife and three remarkable daughters. I’ve believed it vital to understand, with them, that though defeat may at times come, it is crucial not to surrender to the loud and the vitriolic and the angry — just because they are loud and vitriolic and angry. Recalling the old Methodist hymn that commands us “not to be afraid to defend the weak because of the anger of the strong,” nor “afraid to defend the poor because of the anger of the rich.” So I have sought not to yield. The Board’s decision, of course, changes that.

To my faculty colleagues, who have here created a distinctive culture of engaged, student-centered teaching and research, I will remember your strong and steadfast support until the end of my days.

To those staff members and alumni of this accomplished and heartening community, who have struggled to make the William & Mary of the future worthy of its distinctive past, I regret that I will no longer be part of that uplifting cause. But I have little doubt where the course of history lies.

And, finally, to the life-changing and soul-inspiring students of the College, the largest surprise of my professional life, those who have created in me a surpassing faith not only in an institution, but in a generation, I have not words to touch my affections. My belief in your promise has been the central and defining focus of my presidency. The too-quick ending of our work together is among the most profound and wrenching disappointments in my life. Your support, particularly of the past few weeks and days, will remain the strongest balm I’ve known. I am confident of the triumphs and contributions the future holds for women and men of such power and commitment.

I add only that, on Sunday, the Board of Visitors offered both my wife and me substantial economic incentives if we would agree “not to characterize [the non-renewal decision] as based on ideological grounds” or make any other statement about my departure without their approval. Some members may have intended this as a gesture of generosity to ease my transition. But the stipulation of censorship made it seem like something else entirely. We, of course, rejected the offer. It would have required that I make statements I believe to be untrue and that I believe most would find non-credible. I’ve said before that the values of the College are not for sale. Neither are
ours. Mine, to be sure, has not been a perfect presidency. I have sometimes moved too swiftly, and perhaps paid insufficient attention to the processes and practices of a strong and complex university. A wiser leader would likely have done otherwise. But I have believed, and attempted to explain, from even before my arrival on the campus, that an emboldened future for the College of William & Mary requires wider horizons, more fully opened doors, a broader membership, and a more engaging clash of perspectives than the sometimes narrowed gauges of
the past have allowed. I step down today believing it still.

I have also hoped that this noble College might one day claim not only Thomas Jefferson’s pedigree, but his political philosophy as well. It was Jefferson who argued for a “wall of separation between church and state” — putting all religious sects “on an equal footing.” He expressly rejected the claim that speech should be suppressed because “it might influence others to do evil,” insisting instead that “we have nothing to fear from the demoralizing reasonings of some if others are left free to demonstrate their errors.” And he averred powerfully that “worth and genius” should “be sought from every condition” of society.

The College of William & Mary is a singular place of invention, rigor, commitment, character, and heart. I have been proud that even in a short term we have engaged a marvelous new Chancellor, successfully concluded a hugely-promising capital campaign, secured surprising support for a cutting-edge school of education and other essential physical facilities, seen the most vibrant applicant pools in our history, fostered path-breaking achievements in undergraduate research, more potently internationalized our programs and opportunities, led the
nation in an explosion of civic engagement, invigorated the fruitful marriage of athletics and academics, lifted the salaries of our lowest-paid employees, and even hosted a queen. None of this compares, though, to the magic and the inspiration of the people — young and older — who Glenn and I have come to know here. You will remain always and forever at the center of our hearts.

Go Tribe. And hark upon the gale. Gene Nichol


Thank you, Gene Nichol, for speaking.

What greater mockery of the flag?

What greater mockery of the flag?

In the previous post, I made mention of the language of the sacred. If the government decrees that the flag is sacred, does that violate the separation of church and state?

As may be, it’s actually going to come to a vote in the Senate. We may only be able to sit and watch our government amend the First Amendment to restrict political freedom of expression.

So this seems to be the overall plan – get as much power away from the judicial branch as possible by handing it to Congress and the executive branch. Where Congress isn’t pliant enough, then disempower Congress, and focus on executive power.

The US Supreme Court ruled in 1989 that the First Amendment to the Constitution protected Americans’ right to desecrate the flag as a means of free expression. Interesting – the majority opinion was joined by Scalia.

Back in 1997, Dr. Roger Pilon, Ph.D., J.D broke with colleagues at the libertarian/conservative think tank Cato Institute in his testimony before the Subcommittee on the Judiciary of the House. It’s worth a read – here’s my favorite part:

Sir Winston Churchill captured well that essential feature of our system when he observed in 1945 that “the United States is a land of free speech. Nowhere is speech freer–not even [in England], where we sedulously cultivate it even in its most repulsive forms.” In so observing, Churchill was merely echoing thoughts attributed to Voltaire, that he may disapprove of what you say but would defend to the death your right to say it, and the ironic question of Benjamin Franklin: “Abuses of the freedom of speech ought to be repressed; but to whom are we to commit the power of doing it?”

When so many for so long have understood the principles at issue today, how can this Congress so lightly abandon those principles? It is said by some that the flag is a special case, a unique symbol. That claim may be true, but it does not go to the principle of the matter: in a free society, individuals have a right to express themselves, even in offensive ways. Once we bar such expression, however, Franklin’s question will immediately be upon us. What is more, we will soon find that the flag is not unique, that the Bible and much else will next be in line for special protection.

It is said also that the flag is special because men have fought and died for it. Let me suggest in response that men have fought and died not for the flag but for the principles it represents. People give their lives for principles, not for symbols. When we dishonor those principles, to protect their symbol, we dishonor the men who died to preserve them. That is not a business this Congress should be about. We owe it to those men, men who have made the ultimate sacrifice, to resist the pressures of the moment so that we may preserve the principles of the ages.

After all, free expression and the right to dissent are among the core principles that the American flag is meant to represent. What greater defacement of the flag can there be than to shift its meaning into something that makes a mockery of American values and rights? Freedom of expression is one of the the truest tests of our dedication to the principles that our flag is supposed to represent.

Flag Issue History – Resources

Three countries ban flag-burning – Quick! Who are they?

Iran | China | Cuba

Independence Day and Freedom

Independence Day and Freedom

In this quick review of an anti-Bush novel by Nicholson Baker, Kurt Nimmo runs down some interesting examples of what happens to people who are openly critical of the president and this administration.

  1. Richard Humphreys of Portland, Oregon, sentenced to 37 months in prison for saying God might speak to the world through a "burning Bush” at a bar.
  2. Barry Reingold, a 60-year-old San Francisco retiree, visited by the FBI for talking about terrorism and September 11th, oil profits, capitalism and Afghanistan at a local gym.
  3. A.J. Brown, a Durham North Carolina freshman attending Durham Tech with the help of an American Civil Liberties Union scholarship, had the Secret Service and Durham police knock on her door for the crime of possessing an anti-Bush poster.
  4. Dan Muller and Andrew Mandell of Voices in the Wilderness in Chicago were grilled by the police and the Post Master after they told a clerk at the post office they did not want to buy stamps bearing an image of Old Glory.
  5. Or take the case of Steve Kurtz, whose grand jury case as a bioterrorist under the Patriot Act was dropped, but who is still being charged with procurement and possession of harmless biological agents. His artwork is critical of biotechnology and transgenic contamination.

He doesn’t mention the journalist here in Atlanta, visited and threatened by the FBI for reading a published article "Weapons of Mass Stupidity" at a local Starbuck’s.

Did you ever in your life think we would have to refight these battles? Our national mood seems to echo another authoriarian regime, and Nimmo closes with this quote.

“When I hear the word culture I reach for my revolver.”
Hermann Goering

Whether you are for or against the policies of this president, our freedom of speech allows us to be critical – openly, with freedom of assembly, through print or art (just as was done during the Clinton administration). The legal – and I think rightful – line is drawn at conspiracy and threats against the President’s life.

Let’s try to hold on to the First Amendment. It is one of the ideals for which this country stands.

Happy Independence Day.