Australia’s Largest Christian News Site

Dr Joanna Howe has won her case against the University of Adelaide’s demand for re-education.

Law professor, 2024 Australian Mother of the Year and Rhodes scholar Dr Joanna Howe has won her case against the University of Adelaide in a victory she heralds as a win for academic freedom. While joyous at the decision that is “a significant victory for academic freedom”, she says “it’s a fight I never should have had to take on”.

Howe has been subject to six different investigations undertaken by the educational institution since November 2019. The intensity of these increased significantly from July 2022. During an 18-month period, five investigations were conducted into her research on the topics of prostitution and abortion.

The Latest Investigation

The university notified Professor Howe about the sixth investigation on 24 January 2024 for potential research misconduct.

While Howe was cleared of any breach of the Australian Code for Responsible Research, the university required that she undertake a course on bias in research.

The professor of law refused.

Howe argues that her research into the topic of abortion is evidence-based and accurately reports and interprets the available data. She could not, in good conscience, submit to a process that implicated her guilty of a crime she did not commit.

 

View this post on Instagram

 

A post shared by Dr Joanna Howe (@drjoannahowe)

In an Instagram post she says, “Even though I survived that investigation, and it found that I had not breached the Australian Code for Responsible Research, the University imposed corrective actions on me. I have been fighting for the last five months tooth and nail because I’ve refused to do these corrective actions.”

“I’ve refused to submit to an anti-bias course. Because I didn’t do anything wrong”, she remarks.

But challenging the decision by the University of Adelaide delivered no results. In an interview with The Australian, Howe reveals she “appealed internally on four occasions and was never given any reason for why my appeals were rejected or corrective actions were imposed.”

Consequently, she took her case to the Fair Work Commission.

Corrective Actions Dropped After Fair Work Commission Conciliation Process

Dr Howe went public last Friday after the university agreed to drop the requirement that the professor undergo re-education on non-biased research methods and practice. A public statement jointly released by Howe and the University of Adelaide records,

“Professor Joanna Howe and the University of Adelaide have reached agreement through a process of conciliation in the Fair Work Commission. The University has accepted Commissioner Platt’s recommendation for the University not to require Professor Howe to comply with the corrective actions and that no further action will be taken in this matter.”

“The Parties have agreed on a process regarding the investigation of complaints moving forward. The University of Adelaide supports academic freedom, as reflected in its Enterprise Agreement 2023–2025 and its Freedom of Speech and Academic Freedom Policy.”

Howe is enormously relieved at the outcome, saying she now feels “confident that my academic freedom will be protected.”

“This outcome at conciliation confirms I was right to not submit to the university’s attempt at re-education by forcing me to do an anti-bias course.”

Personal Toll

While Howe has secured a victory for herself and academic freedom for all researchers, the win has come at a great cost.

The process to clear her name took six months and racked up a legal bill of $100,000.

“This has been an ordeal. This was a vexatious complaint by a TikTok activist that should never have seen the light of day,” she says.

“No one should have to go through what I have been through just to fight for the freedom to research and speak.”

“It should not have taken me six months… and nearly $100,000 in legal costs to clear my name.”

Joanna has been a victim of a torrent of abuse online ever since going public about the topic of abortion. The situation worsened when the university contacted the individual (the TikTok activist) who made the complaint against her. The university informed the activist that the complaint would “be resolved at the local level with corrective actions”.

However, the university failed to mention that Howe was not guilty of plagiarism or misrepresentation of sources. Neither had she breached the Code for the Responsible Conduct of Research.

Howe told The Australian, “The university’s correspondence with the TikTok activist who made the original complaint in the fifth investigation was appalling.”

“It did not state that the investigation found I had not breached the Australian Code of Conduct for Responsible Research but stated that corrective actions had been imposed, which led to the complainant publicly releasing this letter.”

“This led to a torrent of online abuse as pro-abortion trolls and activists harassed me and erroneously claimed that I had been found guilty of misconduct and that the university had ordered me to unpublish my research report.”

“Neither had happened and yet the university refused to clear my name.”

When Howe raised this and other concerns with the university, it fell on deaf ears.

She continues, “My appeals raised serious concerns with the university’s failure to follow its own procedures, including the requirement to dismiss complaints that were made vexatiously or in bad faith.”

Continuing the Fight for Academic Freedom

While Howe has secured this significant victory – albeit at enormous financial and emotional cost – the poor way the case was handled means the fight for academic freedom continues.

“Although I’ve won my case today, I want to make sure that all Australians feel the freedom to be able to speak critically about abortion or an issue that’s close to their heart. Without fear of repercussions in their workplaces and especially on university campuses.”

As a result, Howe has raised the issue with Universities Australia. Her goal is that universities dismiss vexatious complaints made in bad faith. If her reforms are adopted, all academics will share protection from being targeted by online trolls, as she should have been.

“I’ve written to the chair of universities Australia, David Lloyd, to ask that all academics be protected from vexatious and bad faith complaints. And I’m asking you to sign my petition to stand up for freedom of speech and academic freedom in our country.”

Dr Howe proposes “that Universities Australia work with the sector to introduce a new, specific requirement to mandatorily dismiss complaints which are made vexatiously or in bad faith about the research or conduct of academics.”

“This simple yet significant reform would help free scholars who research in areas of controversy from the threat of being under constant scrutiny and investigation.”

It’s a reform that she says will give academics the “ability to research and speak out in areas that are unpopular or controversial”. This “benefits the whole community in our pursuit of truth”.

“While I accept that complaints are par for the course if one is researching in an area of controversy, what I do not accept is the choice by universities to investigate complaints that are made vexatiously or in bad faith.”

“This choice, as I know all too well, places researchers under an unfair and unreasonable spotlight and distracts them from pursuing their research.”

Concerned members of the public who wish to help Professor Howe cover her $100,000 legal bill can do so via her website here.

Those who wish to sign her current campaign to uphold free speech and protect academics against bad faith complaints can do so via her website here.

As a result of this successful case, Howe has vacated her spot in the online course on anti-biased research practice. Consequently, it opens an opportunity for those requiring this educational and ethical support.

The University of Adelaide is urged to apply.

___

Image via YouTube/Sky News.