Tag Archives: regulation

Sam’s on campus, but is the campus onto Sam?

A version of this article first appeared on *HE: Policy and markets in higher education, published by Research Fortnight on 5th July 2018. 

It might have been mildly embarrassing for the Minister of State for Universities, Science, Research and Innovation, Sam Gyimah, to have to retract his accusation a couple of weeks ago, that a lecturer at King’s College London had been reported for spreading ‘hate speech’ during his history lectures, but the evidence was against him. Unfortunately, like some more of Mr Gyimah’s more volatile claims on stifling of freedom of speech in universities, this had proved impossible to verify.

However, rather than being reassured that Gyimah has had to back away from citing unsubstantiated anecdotes, perhaps we should be concerned that this behavior fits a pattern in modern politics, of pushing at the boundaries of credibility knowing that some fabrications will stick if they are repeated often enough. In this case, academics, universities and freedom of speech itself are all damaged by these allegations.

Sam Gyimah has styled himself as rather a champion-protector of freedom of speech on campus, and has already hosted a free speech summit for universities, urging leaders to stamp out ‘institutional hostility to unfashionable views’ and to take stronger action against ‘safe spaces’ and ‘no-platform’ policies that he alleges have appeared on campuses.

It is perhaps convenient that the minister has overlooked the actions of a member of his own party whose partisan interest in the university curriculum recently caused controversy. Last October, a few months prior to Gyimah’s appointment, Chris Heaton-Harris, MP wrote to vice-chancellors asking for the names of any professors involved in teaching courses in European Studies which might have a bearing on Brexit. He suspected that such courses were being taught from a point of view which might lean towards Remain.

It was probably a futile gesture designed to draw attention to some politicians’ belief that all academics are left leaning. This fear seems to have its origin in the ongoing US culture wars, and a recent study which found that 60 percent of professors identify as liberals, while a mere 12 percent identify as conservative. Despite allegations of ‘group think’ and lack of political diversity, there is no real evidence in the UK, apart from anecdotes such as the one dismissed by King’s, to indicate that political orientations translate into bias in the classroom. There is nothing to suggest that issues like Brexit are taught in a way which is not entirely evidence-driven, nor is there anything to suggest that students are not free to argue with their lecturers.

Nevertheless, Sam Gyimah has kept his attention on this issue and fully embraces his new ministerial role with a sharper focus on students than any of his predecessors. He does occasionally, though, give the impression that, far from being even-handed, he is rather invested in being minister primarily for conservative students. He has openly stated that his ‘Sam on campus’ tours have been intended to bestow on the Tories the kind of appeal elicited by Labour politicians, and especially Jeremy Corbyn.

The first concerns about a new kind of partiality within government were raised when, on January 1st 2018, it was announced that provocative conservative commentator, Toby Young, would be serving on the board of the Office for Students, and that Ruth Carlson, a hitherto unknown name, had been selected as the board member for the student experience when, according to a written answer from the Minister to Kevin Brennan, MP,  she had not even been among the original applicants considered appointable. Her chief virtue seemed to be that she had no connection with the National Union of Students. Even though Young resigned, the episode led to accusations that the new Office for Students was little more than an office for state control.

 

These developments are all the more disconcerting if we consider some recent precursors in the US. In February 2017, a state senator in Iowa introduced a bill into the state’s legislature. The bill, SF 288, aimed to ensure that ‘hires’ – and this targeted just new academic recruits – at the state’s universities should reflect equal proportions of liberals and conservatives. The purpose of the bill, according to its sponsor, Republican state senator Mark Chelgren, was an attempt to counter the ‘liberal slant’ at the state’s three public universities, and its wording specified the exact proportions to be achieved:

“A person shall not be hired as a professor or instructor member of the faculty at such an institution if the person’s political party affiliation on the date of hire would cause the percentage of the faculty belonging to one political party to exceed by ten percent the percentage of the faculty belonging to the other political party, on the date established by the board for determining the political party composition of the faculty.”

Notwithstanding debates in the US about affirmative action for under-represented groups, this seems like an unnecessary privileging of a group which does not lack political clout.

UK readers may be wondering how university hiring committees would be made aware of political affiliations. The answer lies in the voter registration processes of many states in which voters need to register with a particular party – Republican or Democratic – if they wish to participate in that party’s primary elections. The bill specified that those records would be made available to the state board of regents which governs the state-funded higher education institutions. However, the measure was opposed by the board of regents and the bill failed to proceed.

At around the same time, a Republican state senator in North Carolina, Ralph Hise, was tabling a similar measure in his state legislature, requiring faculty members across the UNC system to “reflect the ideological balance of the citizens of the state,” plus or minus two percentage points.

So, when a minister alleges political bias in universities, or condemns political activism within them, or when the Office for Students threatens to fine universities for alleged failure to protect freedom of speech (even as they must abide by the Prevent Strategy), this echoes the more extreme political interference attempted in Iowa and North Carolina. Even the sanctions resonate with Office for Students discourse. This from North Carolina sounds familiar:

“If the accreditors conclude that something is amiss, they could sanction individual UNC campuses, which would endanger the ability of those campuses to attract research funding, facilitate financial aid, and compete nationally and internationally for faculty and students.”

And indeed, we see on 20th June, a tweet from the Office for Students clearly stating a threat to intervene in universities’ pay structures when they deem a vice chancellor’s pay to lack justification.

OfS threaten VCs

In Iowa, these assaults on university autonomy have come hard on the heels of repeated pressure to rescind tenure and end faculty collective bargaining. But in the UK, we no longer have even the nominal protection of tenure, and assaults on collective bargaining and benefits are well underway. Much of the sector is now staffed with casualized labour – exactly the kind of employees likely to police their own teaching and publications for apparent political bias. The field has been cleared for dirigiste policies.

It seems disingenuous to venerate university autonomy, as Gyimah did at the February 2018 launch of the Office for Students, when your regulatory regime is predicated on attempts to curb it. If the threat of tenured radicals has been seen off in the UK, then a new one has been installed. Not, as Gyimah might imagine, in the form of NUS militants, but in the form of a regulatory body which has control and political entryism as its priorities.

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The Office for Students: Ten reasons why it is not for students at all

The Office for Students (OfS) is the new regulatory body for universities and higher education providers in the UK.  To date it has had a short and rather volatile history. Below is a collection of the main issues which students and academics should be aware of.

  1. The OfS will ensure that the Teaching Excellence Framework (TEF) becomes even more prominent for universities who are to be assessed on their ‘outcomes’. However, the TEF is relatively untested, and its critics charge that it will not diagnose poor teaching any more than it will uncover excellent teaching. It is not designed for these tasks since no teaching is actually observed. Teaching quality is inferred from proxy measures which have a very distant and disputed relationship with teaching. See this blog from Dorothy Bishop, and this previous one from me.
  2. The TEF will not incentivise universities to prioritise teaching. Unlike the REF (Research Excellence Framework) which has, arguably, recognised and rewarded excellence in research wherever it is found (notwithstanding Derek Sayer’s well-founded objections), a very different set of circumstances obtain for the TEF. Let’s take an example. Several universities have seen fit to cut courses in Modern Languages in response to falling student demand. Languages other than English and Irish Gaelic will soon no longer be taught in Northern Ireland, so how would an undisputed finding of excellent teaching affect that decision? Will universities channel funding to support excellent teaching wherever it is found? I predict they will not, and that is because funding follows the student. It is a formula designed to disrupt the traditional right of universities to make autonomous decisions about course provision based on the current state of knowledge and discovery. The fact is, when university curricular decisions are outsourced to the caprice of 18 year olds, there is little point in trying to pretend any other factor counts. If you have decided to expand a course because it attracts funding and international students, then no amount of poor National Student Survey scores will not dislodge that conclusion.
  3. Ergo, poor teaching will be condoned and concealed by universities in the flawed and distorted market of UK higher education. The TEF is still useful to universities as it offers a justification for getting rid of unconventional academics who are disliked by managers.
  4. The Office for Students seems to fixate on issues which don’t really register as important for students. Amatey Doku, NUS Vice President for Higher Education, answered questions from The Joint Committee on Human Rights – a Select Committee of both Houses of Parliament on 17th January 2018. Here he exposes the mythology of a crisis of freedom of speech in universities which is not top of students’ priorities.Amatey Doku
  5. The Office for Students has no representative from the National Union of Students on the board. This is in spite of promises from Theresa May that the NUS would work in consultation with the new regulatory body. The sole student representative, Ruth Carlson, is relatively unknown. The circumstances of her appointment are not clear, but the new minister for higher education, Sam Gyimah, revealed that she was chosen from outside of the pool of three candidates considered appointable by the interview committee. We can only speculate what advantages Ms Carlson’s appointment might confer on the board of the OfS, but expertise in student representation does not appear to be among them. She is studying civil engineering, however, and this might plug a gap on the board (see 6).
  6. Not a single other scientist or engineer has been selected for the board.
  7. The Office for Students’ mission is defined in Chapter 2 para 37 of Success as a Knowledge Economy, the government White Paper published in May 2016.

“The OfS will be explicitly pro-competition and pro-student choice, and will make sure that a high quality higher education experience is available for students from all backgrounds. For the first time, we will put the interests of the student at the heart of our regulatory landscape. By enabling better student outcomes, we will also protect the interests of taxpayers and the economy”.

But the suspicion at this point is that the government’s understanding of competition and choice is restricted to the introduction of new private providers into the system. The fear is that they will choose to provide cheap-to-teach courses, like law and business, and this will further restrict the choices available to students. This concern is grounded in the fact that among the members of the board are Carl Lygo, former VC of BPP University, part of the Apollo Group which includes the for-profit University of Phoenix in the USA. The rest of the appointees can be seen here  and we note that private sector and business professionals predominate over practitioners in higher education.

8. There are real doubts about how the quality of higher education courses will be protected by the new regulator. The OfS will oversee the award of university title to new HE providers – a privilege currently only bestowed by the Privy Council. The OfS has already shown signs that it may tolerate a less rigorous pathway to university status than we see with current arrangements. Alarm bells rang for many academics when the UA92 Manchester United Academy was announced. The new regulatory arrangements allow for degree awarding powers to be issued with no demand for a track record of quality teaching and assessment under the supervision of an established university.  OfS will also be able to revoke the title of university for those institutions it deems to be failing. The current quality assurance system works with universities if they are seen to be in need of improvement, but students now might start studying at a university, only to find their institution downgraded or fined into bankruptcy.

9. The OfS has already demonstrated poor judgement in its attempt to appoint Toby Young to the board. Given the structures outlined in the White Paper, this appointment must have been overseen by ministers (namely Jo Johnson), and Young would have been interviewed by Sir Michael Barber, the Chair of OfS. The appointment of student representative, Ruth Carlson (see point 5 above) seems similarly unorthodox. This action has alienated most parts of the sector, as we can only assume it was meant to. We need an independent regulator which can work with universities, not antagonise them for the sake of it.

10. Jo Johnson, the previous minister for higher education, has suggested that it will be within the remit of OfS to issue financial penalties to universities which award ‘too many’ firsts and 2.1 degrees. Firstly, as I argue (in a forthcoming piece), there is no firm basis for charging universities with grade inflation. Secondly, there is no suggestion at the moment what might constitute ‘too many’. If the OfS does interfere with universities’ cherished independence and academic judgement in this manner, it is unlikely to make many friends among students it counts as its central constituency.

The unease which has greeted the launch of the OfS has prompted Alistair Jarvis, Chief Executive of Universities UK, the vice chancellors’ representative body, to write of the recent consultation document from the OfS, “The tone of the document is, in places, confrontational and appears preoccupied by short-term political concerns rather than the larger long-term task of creating a credible, independent regulator”.

The OfS has shown itself to be willing to pursue moral panics that vice chancellors feel originate with a government piqued by perceived opposition to its agenda (especially Brexit).  Many of the rest of us resent the ideologically motivated campaign in both government and media circles which is unsympathetic to dearly held academic values such as education for the public good and worry that the OfS is merely another vehicle by which to instigate this. I for one share Alistair Hudson’s hope that, “In the months ahead, it will be necessary for the OfS to establish itself as a mature, fair and accountable regulator that uses its powers to support students through proportionate regulation and judgement.” Sadly, the shortcomings exposed by its initial actions have meant that OfS has probably exhausted any goodwill it might otherwise have been able to claim.