From the Arkansas Advocate:
The University of Arkansas abruptly revoked its offer to the incoming dean of its law school following complaints from key Republicans about her background and legal positions on transgender athletes, sparking complaints that the move violated academic freedom and would chill faculty speech.
The school cited “key external stakeholders” in its decision to withdraw its offer to Emily Suski less than a week after she was announced as the law school’s new dean.
The university said in a statement that it “decided to go a different direction in filling the vacancy” following feedback “about the fit” between Suski and the university’s vacancy. UA spokesperson John Thomas said, to his knowledge, something like this hasn’t happened at the law school previously, and next steps are still being determined.
Suski said Thursday night that she was honored to be selected for the position and “was preparing to serve the students, faculty, and the state of Arkansas with integrity and commitment.”
“I am disappointed and hurt by the University’s decision to rescind my contract,” Suski said in an email. “I have been informed that the decision was not in any way a reflection of my qualifications to serve as dean, but rather the result of influence from external individuals. Questions concerning that feedback are best directed to the University of Arkansas.”
The about-face by the university came eight days after it sent Suski a signed letter offering her a total annual compensation of $350,000, subject to the approval of the UA Board of Trustees, according to records obtained through a Freedom of Information Act request.
“University officials are very grateful for Professor Suski’s interest in the position and continue to hold Professor Suski in high regard,” the statement reads. “We wish Professor Suski well as she moves forward with her career.”
The move comes as Republican lawmakers in Arkansas and elsewhere have taken steps to restrict what can be taught in the classroom. Republican Gov. Sarah Huckabee Sanders, who has advocated for prohibiting transgender athletes, has complained about schools indoctrinating students.
One of the lawmakers who objected to Suski’s appointment was Senate President Pro Tempore Bart Hester, a Cave Springs Republican.
“There’s no way the people of Arkansas want somebody running and educating our next generation of lawyers and judges [to be] someone that doesn’t understand the difference between a man and a woman,” said Hester, who also cited Suski’s position on transgender athletes as a concern.
Suski had been one of 17 law professors who had signed on to a brief defending transgender students’ right to play on the teams of their gender identity. The brief was filed before the U.S. Supreme Court, which heard a pair of cases about state laws banning transgender athletes.
Arkansas has a similar law in effect.
“Although Title IX does not guarantee a student a right to win or even make the team, supra, it does protect every student from being denied the benefits of school sports based on sex, including sex-based generalizations that do not apply to them,” the brief Suski joined said.
American Civil Liberties Union of Arkansas Executive Director Holly Dickson called on the university to reverse its decision, saying the move was unconstitutional. Suski’s decision to sign an amicus brief was not unusual nor controversial, Dickson said.
“The implications are staggering. This sends a chilling message to every faculty member: stay silent or risk your career,” Dickson wrote in the statement. “It tells future educators to look elsewhere. It damages the credibility of the University of Arkansas School of Law and its ability to function as a serious institution committed to independent thought and rigorous legal education.”
Suski hiring prompted GOP complaints
Hester said he was surprised that “this person who has these beliefs made it through the initial scanning processes.” He also said he heard from several concerned individuals as soon as Suski’s selection was made public.
Hester said he didn’t threaten to withhold funding, but “there’s just a basic understanding that the legislature controls the purse strings.”
Republican Attorney General Tim Griffin also had raised concerns about Suski, his office said.
“The Attorney General simply expressed his dismay at the selection and his confidence that many more qualified candidates could have been identified,” spokesperson Jeff LeMaster said. “He never requested or even contemplated that the offer be rescinded, but he applauds the decision nonetheless.”
Sam Dubke, a spokesperson for Sanders, wouldn’t say whether the governor was involved in the university’s decision.
“Governor Sanders appreciates the University of Arkansas, Fayetteville, for reaching the commonsense decision on this matter in the best interests of students,” Dubke said in a statement.
Republican Lt. Gov. Leslie Rutledge was also supportive of the university’s decision.
House Speaker Brian Evans, a Republican from Cabot, said while his office isn’t involved in university hiring decisions, “we are confident the university will ultimately identify and select a strong candidate for this important role.”
Critics decry “horrifying” abuse of power
Rep. Nicole Clowney, a Fayetteville Democrat and adjunct lecturer at the law school, said in a social media post that she was concerned about the university’s aboutface.
“I am still gathering information but based on what I’ve learned so far, it seems clear that what happened is a horrifying, unprecedented, and absolutely unconstitutional abuse of state power,” Clowney said.
Suski is a professor and associate dean at University of South Carolina’s Joseph F. Rice School of Law. Suski’s areas of expertise include education law, particularly Title IX and civil rights in public schools; health and poverty law; and clinical legal education, according to her USC biography. She holds degrees from Georgetown University Law Center and the University of North Carolina.
Issac Kamola, director of the American Association of University Professors’ Center for the Defense of Academic Freedom, said the move fits with broader attacks on academic freedom in recent years and the start of the second Trump administration.
It’s “really chilling” that the decision cited feedback from unnamed, external stakeholders, he said.
“This is an extension of the attacks on higher education and it’s an attack on the notion of shared governance,” Kamola said.
Susan Goldberg, lead counsel on the brief Suski signed, said penalizing law professors for sharing their expertise with courts would be a loss for society and the legal system. She said the brief dealt with a very narrow issue.
“My first reaction was to wonder if they had actually read the brief,” said Goldbert, a professor at Columbia University’s law school and expert on gender law. “It’s a brief that presents a narrow and careful argument for why these cases should be sent back to the lower court.”
The Foundation for Individual Rights in Education, an advocacy group for university student and faculty rights, condemned the university’s decision as “political interference in academic decision-making” and a threat to academic freedom.
“The University of Arkansas’ shameful capitulation to political pressure betrays its commitment to Professor Suski and threatens the rights of all who teach, study, and work there,” FIRE Legal Director Will Creeley said. “The message to every dean, professor, and researcher is unmistakable: Your job hinges on whether politicians approve of your views.”
