John Stuart Allen Papers, USF Archives Box 4 Folder 2

Citation
John Stuart Allen Papers, USF Archives Box 4 Folder 2

Material Information

Title:
John Stuart Allen Papers, USF Archives Box 4 Folder 2
Series Title:
Florida Legislative Investigation Committee (Johns Committee)
Creator:
Allen, John Stuart 1907-1982
Place of Publication:
Tampa, Florida
Publisher:
University of South Florida
Publication Date:
Language:
English
Physical Description:
1 folder

Subjects

Subjects / Keywords:
Academic freedom -- Florida -- Charlotte ( lcsh )
History -- Tampa (Fla.) -- 20th century ( lcsh )

Notes

Original Version:
USF Archives Box 4 Folder 2

Record Information

Source Institution:
University of South Florida
Holding Location:
University of South Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
A49-00036 ( USF DOI )
a49.36 ( USF Handle )

Postcard Information

Format:
Mixed Material

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PAGE 1

INTER-OFFICE MEMORANDUM DATE: __ FROM: USF Chapter, AAUP TO: President Allen SUBJECT: Academic Freedom The University of South Florida Chapter of the American Association of University Professors at a meeting on this date passed the following resolution: The University of South Florida Chapter of the American Association of University Professors subscribes to the 1940 "Statement of Principles on Academic Freedom and Tenure" of the national Association. Institutions of higher education are conducted for the common good and not to fUrther the interests of either the individual teacher or the institution as a whole. The conunon good depends upon the free search for truth and its free expression. We also subscribe to the principle emmciated in the University of South Florida "Staff, Faculty, and Advisors' Handbook, 1961-63", pages 34-35. The University of South Florida insists on and protects the rightl of its staff and faculty to teach their subjects consistent with their own ideas of truth 11To teach their subjects" involves the totality of the instructional program designed by and under the supervision of the instructor. We interpret this as including selection of appropriate readings and audio-visual aids and use of community resou;rces as well as the conduct of class sessions. If in the judgment of an instructor a person not on the university staff can make a unique contribution to the course, we feel that the instructor should be free to invite this person to speak to his class. In regard to principles of academic freedom, we draw no distinction among the use of assigned readings, filmed or taped interviews, or live speakers as educational resources. Any or all of these might be termed controversial and to prohibit use of one kind of resource opens the door to the prohibition of the use of others. Therefore, we regard the cancellation of Jerome Davis! lecture to "The American Idea" classes to be a violation of the basic principle of academic freedom, and we respectfully request the reconsideration and clarification of the classroom rights and responsibilities of the teacher at the University of South Florida. Donald R. Harkness President, USF Chapter, AAUP

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PAGE 3

l -UNIVERSITY OF SOUTH FLoRIDA CHAPTER AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS Our Association has been asked to inform its members, and other .interested persons, as eo its views on the current investigation at the University of South Florida. With advice of counsel we have reached a definite conclusion that the investigation is presently searching into academic, and possibly private, matters far beyond the scope of the Legislative Investigating Com-mittee's purpose and legal authority. The duty of the Committee as set forth in Chapter 61-62 of the Act of the Legislature adopted last May, is limited as follows: "Section 2. It shall be the duty of the committee to make as complete an investigation as time permits of all organizations whose principles or activities include a course of conduct on the part of any person or group which would constitute violence, or a violation of the laws of the state, or would be inimical to the well-being and orderly pursuit of their personal and business acti vities by the majority of the citizens of this state, as well as the extent of infiltration into agencies supported by state funds by practicing homosexuals, the effect of on said agencies and the public, and the policies of various state agencies in dealing therewith. Such investigations shall be conducted with the purpose of reporting to this legislature of the activities of such organiza tions to the end that corrective legislation may be adopt ed if found necessary to correct any abuses against the peace and dignity of the state." Nevertheless, as long as the investigators confine their inquiry to matters in which the public appears to have a legitimate interest, and are not abus-ive, our group should in a spirit of cooperation explain to them what we are doing at the University of South Florida. Doctor Allen's statement this past Monday demonstrates the desire of every-one connected with our institution to provide a complete overall picture. It also points out the safeguards which have been adopted so that anyone who goes before the Committee should not feel he would be misquoted. We assume that the tape recordings being made by the University will be avail-able to the administration of the University and to the individual questioned, a copy of each individual's testimony being given him for his personal files; and that, as records of a closed bearing, these may not be publicly released except by mutual agreement between the faculty member and the University. Now as far as each individual faculty member is concerned, he is in no way obligated or bound legally to appear before the investigators at this stage. The question of whether to appear or not appear, whether to be sworn or not

PAGE 4

be sworn, whether to answer any questions, and whether to stay or leave is entirely up to each individual. At the present time, whatever the faculty member does is entirely voluntary. For this reason we have not recommended that anyone take along with him a witness or an attorney. Questions have been raised in the past about the Committee's authority to inquire into matters of religion, membership in organizations which are not known to be subversive (such as the N.A.A.C.P.) and other clearly private matters. Certainly any faculty member who declined to answer questions relating to such private matters would be entirely privileged to do so. If any question asked seems in his view to be beyond the pur-view of the Committee, the faculty member may so state for the record, but may consider it politic to volunteer the information nevertheless. At the present time the operations of the Committee have not reached the stage of formal committee hearings. If the Committee should decide later to hold formal hearings and to subpoena individuals to testify, it would then, of course, be time for any individual, if he so desires, to seek legal counsel of his choice. If he then refuses to answer questions pursuant to a subpoena, he can be compelled to answer pertinent and pro-per questions only by a court. The working of the law on this point ap-pears in Section 3 (2) as follows: "Should any witness fail to respond to the lawful subpoena of the committee, or having responded fails to answer all lawful inquiries or turn over evidence to this committee, the committee may file a petition before any circuit court in Florida setting up such failure on the part of said witness. On the filing of such petition the court shall take jurisdiction of the witness and the subject matter of said petition and shall direct the witness to respond to all lawful questions and to produce all documentary evidence in its possession which is lawfully demanded. The failure of any witness to respond pursuant to the order of the court shall constitute a direct and criminal contempt of court and the court shall punish said witness accordingly." We have not attempted to quote all of the applicable law to you or to give you any legal advice, but we have been asked to quote portions of the law and to explain our general position. We hope this will be helpful. May 25, 1962

PAGE 5

AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS UNIVERSITY OF SOUTH FLORIDA CHAPTER MEMORANDUM TO: FR
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Honora b l e F arris Bryant Gove rnor of F I Tallahasse e Florida Dear Gove rn or Bryant: March 9, 1962 The Unlventty of South Florida Chapter of the American Association of U niversity P rof, s sors wis hes to support the positi o n o f the uni versity pre sidents I n re lati on to t h r cent Board o f Contro l actl on r equir in g red u ction of the propose d b u dget ftor 1962-63 th first year of t r imeste r oP.ratlon The I nformation conce rning availabl e funds for merit inc r ease s for faculty had been a s accurately d termined as pouibl e having passed through a ll normal fund channe l s It thus ap ars that the posed reduction Inva de s the respon s ibility of the Board o f Control as well as that of the for t he most effective administration of our state universit i es The sala ry level s or i g i nally pro posed would have m o ve d significantly toward th e goal of making sala ri es a t Florida Institutions competitive w i th those In o t he r stG t es The re d uction in available funds will have th effect o f actually l owerIng th e annual Income of a facult y member who prev i ous l y taught I n summer schoo l as well a s in the r egular school year This will grave l y weaken ou r ability to compe te In the academic marketplace and to hold the best members of ou r present faculty W itho ut ad e quate pro vi sion for t he awar d of merit raises ou r pre si dents are severely limited In their executi on of s ound pe r sonn e l policies Flori da Is taking grea t steps f o rward in its educational plans notab ly In t he estabUshmentof th Flori da Insti t u te for Co ntinuing U nive rsity S tudi es. But the e ffe c tive operati o n of t his Institute depends on the ava ila b ility o f t h best possib l e faculty members from Individual u n lvers l t: s, p r sen t a n d pr o J e c ted Hence I t i s ex-tremely Impor ta n t t hat no t Jeopa r d ize the long-te r m s uccess of th e Insti tu t e b y weak-e ning univers i ties on whic h it depends The University of Sout h F lorida Is especially vulnera ble at this time to, any setback In I t s c ompetiti ve positi o n fac ing a s it does the necessity of b uil ding Its faculty to full In the ne xt se ver a l years. All o f us are deep l y d ev o t e d t o t he creation here of not merely a good uni ve rsity but ci great university T o approach this gaol we ha ve th e full use of_ funds made availabl e by the legi sla tur e for that purpoM \

PAGE 7

Page 12 Hon. Farris Bryant March 9 1962 Wear confident that you share our deep concern for the I -baing of Flori d 's universitl s We trust that you will consider these factors In future taction on the budget for the coming Thank you very much for your coNideratlon. Respectfully D onald R Harkness P r sident Univers ity of South Florida Cha pte r American Association of U niversity Professors \

PAGE 8

J A'n'BIITIO'N: AU. FAaJLTY State Senator Sam Gibbons will speak to an open of the American Association of University Professors oa the topic "The Leaislature and the University" Oft September 18 at 8PM ill SlOO. Every one is cordially invited to attend. Don Barkas


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