Free-speech advocates have criticized Indiana University at Bloomington in recent years for allegedly trampling on academic freedom, including banning a professor from teaching for at least two semesters after he incorrectly attempted to book a room for a student group's event; canceling an art exhibit by a painter and pro-Palestinian activist; and, in two incidents last year, arresting dozens of faculty and student protesters at an encampment.
Now, some critics say the institution is adding to that list by requiring faculty members who volunteered for a buyout to agree not to defame or disparage the university.
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But lawyers who have represented colleges said nondisparagement clauses can be beneficial, while noting that they need to include exceptions to comply with federal and state laws, including to preserve the right of employees to report good-faith allegations of unlawful employment practices or criminal conduct.
While they are not used as frequently in higher education as they are in the corporate world, they can help to mitigate risk and deter potential future disputes, according to Daniel A. Kaufman, a partner at Michael Best law firm who serves on the board of the National Association of College and University Attorneys. "The idea is that once these agreements are entered into, everyone can move on, hopefully amicably, and have a smooth transition after these agreements are signed."
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