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Academic Freedom / David Noble Grievance

20 Nov 07 - YUFA Wins Resounding Victory for Academic Freedom at York: Resolution of David Noble Case

by Penni Stewart, Chief Steward

After seventeen days of arbitration, stretched over three years, YUFA has won a resounding victory for academic freedom at York. On 19 November 2004, the York University Administration, jointly with Hillel at York and SPHR (Solidarity for Palestinian Human Rights), issued a media release denouncing a flyer handed out after an SPHR film event the night before. That flyer, entitled The York University Foundation: The Tail that Wags the Dog (Suggestions for Further Research), was authored by YUFA member Professor David Noble.

The media release, posted on York’s Website and also provided to major media sources, gave rise to YUFA's grievance, which alleged that the Administration had violated Articles 3 (non-discrimination), 10.01 (academic freedom) and 11 (professional responsibilities) of the Collective Agreement. YUFA argued that the media release was libelous and that it infringed Professor Noble’s freedom to, paraphrasing the words of Article 10 of our Agreement – speak, examine, question, teach, and learn and his freedom to pursue without interference or reprisal his research, creative and professional activities and to criticize the University.

In filing a grievance, YUFA sought several remedies, chief among them a declaration that the Administration had violated the Collective Agreement by publishing the media release, as well as by joining with student groups to craft the statements set out in the media release. We also requested an apology and damages. It was our contention that, in publishing and distributing the media release, the York Administration failed in its obligation under our Collective Agreement to protect and promote academic freedom.

The Arbitrator, Russell Goodfellow, agreed; in his conclusion, he writes,

“…York breached Article 10.01 of the Collective Agreement by failing to respect Professor Noble’s rights as an academic. Indeed, it may be said that York failed to extend Professor Noble even the most basic of courtesies that might reasonably be expected to be enjoyed by a faculty member. The University publicly vilified his work without first contacting him or YUFA to advise of its concerns, to investigate the matter, or to indicate what it was contemplating. Had it done so, it is at least possible that much, if not all, of what ensued could have been avoided.” 

Arbitrator Goodfellow did not accept all of YUFA’s arguments and remedies. In the end, he:

  1. declared that the Administration breached Article 10.01 of the Collective Agreement;

  2. ordered the Administration to remove the Media Release from its Website; and,

  3. ordered the Administration to pay damages to Professor Noble in the amount of $2,500.00. 

This grievance speaks to an important principle and cherished value in academic life. It is absolutely inappropriate for the Administration to use the weight of the institution against one of its own faculty members because she or he offends the political sensibilities of its executives. The Administration’s reaction went far beyond the reasoned response, to which it was entitled. Instead it acted in haste, made no effort to clarify issues with Professor Noble, impugned the motives of our colleague, and used its considerable public relations resources to make its views known. In the process, the Administration demonstrated a striking, worrying misunderstanding about the purpose of the University.

19 Dec 05 - Arbitration Adjourned

Please note that the arbitration hearing scheduled for Tuesday December 20, 2005 has been adjourned.

13 Dec 05 - Arbitrator's Interim Decision in Noble’s Arbitration

13 Dec 05 - Arbitrator Russell Goodfellow has released his decision dismissing the preliminary objections raised by the Employer during the first two days of the arbitration. This decision relates only to the Employer's preliminary objections. In dismissing these objections, Arbitrator Goodfellow stated quite explicitly that "these rulings represent no findings or determinations whatsoever that the University has breached the collective agreement or that it has "defamed" Professor Noble." The arbitration will proceed on the merits of the grievance on December 14th, 2005.

Click here for a full text of the Arbitrator's decisions.

7 Dec 05 - Communication Regarding Professor David Noble’s Arbitration

YUFA has become aware of information circulating with regard to the grievance/arbitration of Professor David Noble which does not accurately reflect YUFA’s position or the facts relating to the proceedings. YUFA would like to take the opportunity to clarify.

Current Status of the Arbitration 

The Employer has objected to the Arbitrator’s jurisdiction to hear this grievance. The parties have spent two days making legal presentations to the Arbitrator supporting their respective positions. We expect to receive the Arbitrator’s decision shortly. In the event that we are successful in resisting the Employer’s objections, YUFA will be calling evidence at the next scheduled hearing date.

Communication we have received and which have been copied to us assume that there is a gag order preventing discussion or press coverage of the proceedings. There is however no gag order to this effect. The only order made affecting communication is an order excluding witnesses which is routinely given in arbitrations and other judicial proceedings. That order precludes witnesses and those in attendance at the hearing from discussing evidence that has been heard with prospective witnesses.

There is no order excluding the press because no order has been requested and YUFA will object if such an order is sought.

YUFA has become aware of attempts to contact the Arbitrator directly outside of the hearing process. In addition to being misguided, and an abuse of the Arbitrator’s privacy, YUFA has been advised by its counsel that it is highly improper and potentially prejudicial to the grievance for anyone to communicate directly with the Arbitrator, whether by phone, email, or in writing. Any expressions of support for Professor Noble should be forwarded to YUFA via email: yufa@yorku.ca.

Information has also circulated that Professor Chomsky will testify on December 20th 2005, at the arbitration. At this point, YUFA cannot confirm that Professor Chomsky will be testifying on that date, since a number of legal requirements have to be met before Professor Chomsky is permitted to testify. It is unlikely that those requirements will be met prior to December 20th.

2 Dec 04 - Media Release

David Noble, a Professor in the York University Department of History, today filed a grievance with the support of the York University Faculty Association as a result of the publication and distribution by York University of a Media Release which followed the distribution by Professor Noble of a flyer entitled “THE YORK UNIVERSITY FOUNDATION: THE TAIL THAT WAGS THE DOG (SUGGESTIONS FOR FURTHER RESEARCH)”.

As set out in the grievance, the publication and distribution of the Media Release violated Professor Noble’s rights under the collective agreement to freedom of speech and academic freedom which includes his right to criticize the University or society at large and to be free from censorship by the Administration of York University and which also includes Professor Noble’s freedom to examine, question, teach and learn, and further violated his rights not to be discriminated against, harassed, interfered with, restricted, or coerced with respect to his political beliefs or with respect to his personal behaviour.

The grievance further alleges that York University either deliberately or negligently misrepresented the nature of the issues raised in the flyer and the criticisms and comments that Professor Noble made in the flyer regarding the relationship between the York University Foundation and recent decisions by the York University President and the Board of Governors.

It is not necessary for the York University Faculty Association to comment on the views expressed by Professor Noble in the flyer. The filing of this grievance does not constitute an endorsement of the contents of the flyer by the York University Faculty Association. The filing of the grievance reflects the Association’s deep-rooted commitment to the principle of academic freedom and the corresponding principle that a faculty member or any other member of the University community should be free from discrimination, or harassment or restriction or coercion of any kind based on one’s political affiliation or beliefs. The Faculty Association believes that these principles are of the utmost importance and integral to the role that the University plays in society.

The York University Faculty Association and Professor Noble have followed the procedure in the collective agreement in order to challenge the Administration’s actions in the publication and distribution of the Media Release, by filing a grievance and processing that grievance through the grievance procedure where eventually, if necessary, the merits of the grievance will be resolved by an arbitrator.

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Jay Rahn YUFA Communications Officer 
416 -736-5236

For more info on this case:

Arbitrator's Award

Expert Witness on Academic Freedom

Interim Decisions:
27 Oct 06
29 Mar 06
21 & 30 Nov 05
29 Nov 04