Indiana University offered the program to faculty older than 65.
(Indiana University Bloomington)
About 35 Indiana University faculty accepted a payout for early retirement so long as they don’t disparage or defame IU.
The Voluntary Faculty Retirement Incentive Program offer was available to faculty older than 65. Most faculty will retire by May 31, according to a contract obtained by WFIU/WTIU. IU spokesperson said it is standard language for separation agreements for cash payouts.
Kenneth Dau-Schmidt, the Willard and Margaret Carr professor of labor and employment law at the IU Maurer School of Law, said concerned faculty reached out to him about the contracts. In his experience, non-disclosure and non-disparagement agreements aren’t common for university jobs.
“They are more common with strategically placed professional employees who have access to some sensitive information,” Dau-Schmidt said. “They seem to be becoming more common.”
John K. Wilson wrote for Inside Higher Education that non-disparagement and non-disclosure clauses are common for corporations. Wilson said public universities should not demand not to be criticized, and those agreements could be used as censorship.
Stephen Baskerville expressed similar concerns in a brief for conservative nonprofit James G. Martin Center for Academic Renewal. He wrote non-disparagement clauses “curtail academic freedom and conceal other ethical culpability.”
Dau-Schmidt said the university may be adding non-disclosure and non-disparagement clauses on all separation agreements, whether it’s needed or not. He said he’s also seen those types of agreements when the university tries to negotiate retirement when disciplining an employee.
Because of strong state and federal protections for whistleblowers, Dau-Schmidt said these kinds of agreements would not prevent faculty from reporting violations of the law. But they might be prevented from sharing embarrassing information or criticism.
The contracts are part of a larger change in the university under President Pamela Whitten, Dau-Schmidt said. Faculty are losing their say as policy makers, he said, and these agreements seem to say that faculty are interchangeable.
“We're going from a system of traditional faculty governance to one of top-down corporate management,” Dau-Schmidt said. “When they start treating you just like a cog in the wheel or whatever, you feel like they really haven't appreciated you over the years. And it's not a good feeling.”
Aubrey is our higher education reporter and a Report For America corps member. Contact her at aubmwrig@iu.edu or follow her on X @aubreymwright.
