Dozens of Columbia University law faculty demand inquiry into professor’s ‘termination’

Over 45 Columbia Law School professors have signed a letter calling for a Columbia University Senate inquiry into the controversial departure of their colleague Katherine Franke, marking an escalation in the dispute over academic freedom and protest rights on campuses.

The 15 January letter, addressed to Columbia’s senior leadership, including the interim president and board of trustees, requests an investigation into what the signatories describe as Franke’s “constructive termination” following her stance on pro-Palestinian protests.

While acknowledging diverse views regarding the Middle East conflict and campus protests, the faculty members united around two core positions: that the allegations against Franke don’t warrant termination or its equivalent and that the university’s handling of the matter may have undermined protections for academic freedom and political speech.

“We do not know the full details of Franke’s disciplinary case,” the letter states, emphasising that the signatories hold “no common position” on whether her remarks violated university policies. However, they express unified concern that the process was “deployed to chill and punish [her] advocacy”.

Academics, activists and alumni criticised Columbia University this week after tenured professor Franke announced that the institution pressured her to retire over her vocal criticism of Israel and support for pro-Palestinian protests on campus.

Franke founded the Center for Gender and Sexuality Law and served on the executive committee of Columbia’s Center for Palestine Studies.

Late last week, she announced in a statement that she had “reached an agreement” with the university to retire after serving 25 years as a law faculty member. But while the university may call this change in status “retirement”, Franke said, it should be “understood as a termination dressed up in more palatable terms”.

“I have come to regard Columbia Law School as a hostile work environment in which I can no longer enter the classroom, hold office hours, walk through the campus, or engage in faculty governance functions free from egregious and unwelcome harassment on account of my defense of students’ freedom to protest and express views that are critical of Israel’s treatment of Palestinians.” 

The agreement was reached after the university decided that Franke’s statement during a January 2024 Democracy Now! interview – in which she condemned students who were former members of the Israeli army for spraying pro-Palestine students with a chemical – violated equal opportunity and affirmative action (EOAA) policies. 

A Columbia spokesperson reiterated the university’s stance to Middle East Eye earlier this week, stating: “As made public by parties in this matter, a complaint was filed alleging discriminatory harassment in violation of our policies. An investigation was conducted, and a finding was issued. As we have consistently stated, the University is committed to addressing all forms of discrimination consistent with our policies.”

Fair treatment

The faculty letter invokes Section 23 of the University Statutes, which grants the Senate authority over “matters of University-wide concern” and obligates it to protect academic freedom and faculty interests. The professors argue that this makes the Senate the appropriate body to examine Franke’s claim that she faced targeted punishment for supporting pro-Palestinian protesters.

The high-profile signatories include multiple holders of endowed chairs and emeritus professors, representing a significant cross-section of Columbia Law School’s senior faculty.

Franke has maintained that she faced “egregious and unwelcome harassment” for defending students’ protest rights and expressing criticism of Israel’s Palestinian policies, creating what she called a “hostile work environment” that made it impossible to continue her duties.

The faculty letter concludes by emphasising that regardless of individual views on Franke’s positions, ensuring fair treatment of employees and fostering legitimate debate on public issues serves the entire Columbia community’s interests.

“Regardless of one’s views on Franke’s stances or statements, we believe that all members of the Columbia community have an interest in ensuring that the University is treating employees fairly, upholding its core intellectual commitments, and creating an environment that fosters legitimate debate on issues of public concern.”