E-mail:
Jack Balkin: jackbalkin at yahoo.com
Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
Corey Brettschneider corey_brettschneider at brown.edu
Mary Dudziak mary.l.dudziak at emory.edu
Joey Fishkin joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber mgraber at law.umaryland.edu
Stephen Griffin sgriffin at tulane.edu
Jonathan Hafetz jonathan.hafetz at shu.edu
Jeremy Kessler jkessler at law.columbia.edu
Andrew Koppelman akoppelman at law.northwestern.edu
Marty Lederman msl46 at law.georgetown.edu
Sanford Levinson slevinson at law.utexas.edu
David Luban david.luban at gmail.com
Gerard Magliocca gmaglioc at iupui.edu
Jason Mazzone mazzonej at illinois.edu
Linda McClain lmcclain at bu.edu
John Mikhail mikhail at law.georgetown.edu
Frank Pasquale pasquale.frank at gmail.com
Nate Persily npersily at gmail.com
Michael Stokes Paulsen michaelstokespaulsen at gmail.com
Deborah Pearlstein dpearlst at yu.edu
Rick Pildes rick.pildes at nyu.edu
David Pozen dpozen at law.columbia.edu
Richard Primus raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph alice.ristroph at shu.edu
Neil Siegel siegel at law.duke.edu
David Super david.super at law.georgetown.edu
Brian Tamanaha btamanaha at wulaw.wustl.edu
Nelson Tebbe nelson.tebbe at brooklaw.edu
Mark Tushnet mtushnet at law.harvard.edu
Adam Winkler winkler at ucla.edu
Governance reform has
become the latest flashpoint in debates over the future of Columbia. Under
pressure from the Trump administration to “centralize” campus discipline and decisionmaking, our Board of Trustees has ordered a
faculty-led review of the University Senate as well as a more limited, consultant-led
review of its own “processes.”
While we commend the project of institutional introspection, singling out
academic senates for special scrutiny is a troubling development—and one that could
spread far beyond Columbia unless checked.
Columbia’s Senate grew
out of its last existential crisis. Following a wave of protests in
the spring of 1968 and the Cox Commission’s
report into their causes, faculty and students pushed for the creation
of a University Senate as the centerpiece of a new framework for shared
governance. A parliamentary body “with representatives from all the component
groups of the University,” the Senate was conceived as a
means to enhance participation, rebuild trust, and facilitate “the
confrontation of issues by reason and discourse.”
Led primarily by faculty and
secondarily by students, the Senate today comprises111
members from the various schools of Columbia as
well as Barnard, Teachers College, and Union Theological Seminary. Committees
work on topics ranging from academic freedom and degree programs to campus
planning and student affairs. Beyond its official
governance functions, the Senate plays a unique
deliberative and integrative role in the life of the university as the only
forum in which individuals from every corner of campus regularly come together
to identify and address issues of common concern.
The Columbia Senate is by no
means perfect. In line with national
trends, its capacity has been strained in
recent decades by a combination of underfunding, understaffing, apathy and lack
of awareness among many faculty and students, and diminishing engagement from
university leadership. More recently, the Senate’s criticshave accused it of (among other things) being overly weighted toward
certain departments and overly slow to get things done. It is fair to ask
whether a body created more than fifty years ago is well designed to meet the
challenges of today.
But why not apply
the same scrutiny to the more powerful, less democratic components of Columbia’s
governance regime? Some of the Senate’s weaknesses are bound up with a decades-long
transformation in the Office of the President. During Lee Bollinger’s 21-year
tenure in that office, the powers of the provost as chief academic officer shrank
while administrative positions and extra-departmental programs ballooned. Starting in 2016, Bollinger all but stopped attending Senate plenary sessions. The Senate was
also kept in the dark about the university’s mishandling of complaints against predatory
gynecologist Robert Hadden, which has cost Columbia over a billion dollars and counting. Neither these developments nor the succession
of failed presidencies after Bollinger’s have been subject to any sort of
systematic accounting by or to the university community.
The same is
true of the Board of Trustees that chooses our presidents and claims “ultimate responsibility for University governance.” Also in line with national
trends, Columbia’s board has become
increasingly detached from academic research and teaching in its composition,
even as it has
come to “play an increasingly active role in academic decisions.” Harvard and Princeton eachhave at least half a dozen overseers or trustees who have been professors,
deans, or university presidents. Columbia has one. Unlike many peer institutions, Columbia’s
board does not have any seats directly elected by students or alumni. And two
of the board seats on which the University Senate is supposed to be consulted
have gone unfilled for years.
Thus, even setting aside the
most controversial decisions taken by our presidents and trustees since 2023 in
response to student protests and federal demands—decisions on which the Senate
was sidelined—there are good reasons to ask whether these pillars of university
governance are themselves well designed to advance Columbia’s mission.
Rigorous answers to these
questions will not come from piecemeal review. Scrutinizing the Senate alone risks
overlooking and obscuring deeper drivers of Columbia’s institutional failures. It
also risks ignoring interdependencies among the Senate, the president, and the
trustees. If the board were to have student representation or if the provost
were to have greater academic authority, for example, that might affect one’s
views on the optimal composition and charge of the Senate. As with the Cox Commission—which
“held
twenty-nine days of hearings …[,] conducted countless interviews[,] and
produced a 222-page report” before the plan for a
University Senate was finalized—a reform process capable of generating durable solutions
must engage widely and examine how all the pieces fit together.
This would be
true in any period, but it is especially important not to “move
fast and break things” when a hostile government
is slashing research funds and when distrust and division are rife throughout
campus. Regardless of whether Columbia continues to negotiate with the
government, and regardless of the outcome, it is clear that severe financial
strains will force university leaders to make hard choices in the months ahead.
Those choices stand a much better chance of carrying legitimacy if they are made
in partnership with faculty, rather than through ever more “top-down” methods associated with for-profit corporations.
Any effort to rethink how
Columbia is run also needs to take into account the broader political context:
one marked by severe democratic
backsliding and sustained authoritarian
attacks on civil society. As reflected in its demands to Harvard, the Trump administration’s vision of
“meaningful governance reform” in higher education involves “reducing the power
held by students” and most faculty and staff. A number of state legislatures have
begun to pursue a parallel
agenda. Whatever the flaws of the Columbia Senate,
it is telling that the Trump administration and its allies have trained their
ire on the one governance body within the university that is representative by
design.
Columbia’s trustees are right,
then, to seek a shared governance framework that “enables the unique
intellectual ecosystem” of the university “to thrive.” But figuring out how to
achieve that goal requires genuine intellectual curiosity along with genuine
willingness to share power. We
therefore recommend that any new governance review enlist a diverse group
of faculty to study not only the University Senate but also the Board of
Trustees, the Office of the President, and the relationships across the three.
More
generally, we urge any university that reexamines itself in light of current challenges
to do so in a holistic and inclusive fashion, free from Trumped-up concerns
about academic senates run amok. This administration seeks to marry executive
aggrandizement in the U.S. constitutional order to executive aggrandizement in U.S.
institutions of higher education. Yet as the Cox Commission observed, “the essential quality” of a university is that it is “a
free community of scholars.” All universities need governance structures that
reflect and respond to their scholarly communities and that nurture this fundamentally
anti-authoritarian ideal.