Professor's Snub of Creationists Prompts U.S. Inquiry

New York Times ^ | 2/02/03 | NICK MADIGAN

[kattracks]

UBBOCK, Tex., Feb. 2 — A biology professor who insists that his students accept the tenets of human evolution has found himself the subject of Justice Department scrutiny.

Prompted by a complaint from the Liberty Legal Institute, a group of Christian lawyers, the department is investigating whether Michael L. Dini, an associate professor of biology at Texas Tech University here, discriminated against students on the basis of religion when he posted a demand on his Web site that students wanting a letter of recommendation for postgraduate studies "truthfully and forthrightly affirm a scientific answer" to the question of how the human species originated.

"The central, unifying principle of biology is the theory of evolution," Dr. Dini wrote. "How can someone who does not accept the most important theory in biology expect to properly practice in a field that is so heavily based on biology?"

That was enough for the lawyers' group, based in Plano, a Dallas suburb, to file a complaint on behalf of a 22-year-old Texas Tech student, Micah Spradling.

Mr. Spradling said he sat in on two sessions of Dr. Dini's introductory biology class and shortly afterward noticed the guidelines on the professor's Web site (www2.tltc.ttu.edu/dini/Personal/letters.htm).

Mr. Spradling said that given the professor's position, there was "no way" he would have enrolled in Dr. Dini's class or asked him for a recommendation to medical school.

"That would be denying my faith as a Christian," said Mr. Spradling, a junior raised in Lubbock who plans to study prosthetics and orthotics at the University of Texas Southwestern Medical Center in Dallas. "They've taken prayer out of schools and the Ten Commandments out of courtrooms, so I thought I had an opportunity to make a difference."

In an interview in his office, Dr. Dini pointed to a computer screen full of e-mail messages and said he felt besieged.

"The policy is not meant in any way to be discriminatory toward anyone's beliefs, but instead to ensure that people who I recommend to a medical school or a professional school or a graduate school in the biomedical sciences are scientists," he said. "I think science and religion address very different types of questions, and they shouldn't overlap."

Dr. Dini, who said he had no intention of changing his policy, declined to address the question of his own faith. But university officials and several students who support him say he is a religious man.

"He's a devout Catholic," said Greg Rogers, 36, a pre-med student from Lubbock. "He's mentioned it in discussion groups."

Mr. Rogers, who returned to college for a second degree and who said his beliefs aligned with Dr. Dini's, added: "I believe in God and evolution. I believe that evolution was the tool that brought us about. To deny the theory of evolution is, to me, like denying the law of gravity. In science, a theory is about as close to a fact as you can get."

Another student, Brent Lawlis, 21, from Midland, Tex., said he hoped to become an orthopedic surgeon and had had no trouble obtaining a letter of recommendation from Dr. Dini. "I'm a Christian, but there's too much biological evidence to throw out evolution," he said.

But other students waiting to enter classes Friday morning said they felt that Dr. Dini had stepped over the line. "Just because someone believes in creationism doesn't mean he shouldn't give them a recommendation," said Lindsay Otoski, 20, a sophomore from Albuquerque who is studying nursing. "It's not fair."

On Jan. 21, Jeremiah Glassman, chief of the Department of Justice's civil rights division, told the university's general counsel, Dale Pat Campbell, that his office was looking into the complaint, and asked for copies of the university's policies on letters of recommendation.

David R. Smith, the Texas Tech chancellor, said on Friday afternoon that the university, a state institution with almost 30,000 students and an operating budget of $845 million, had no such policy and preferred to leave such matters to professors.

In a letter released by his office, Dr. Smith noted that there were 38 other faculty members who could have issued Mr. Spradling a letter of recommendation, had he taken their classes. "I suspect there are a number of them who can and do provide letters of recommendation to students regardless of their ability to articulate a scientific answer to the origin of the human species," Dr. Smith wrote.

Members of the Liberty Legal Institute, who specialize in litigating what they call religious freedom cases, said their complaint was a matter of principle.

"There's no problem with Dr. Dini saying you have to understand evolution and you have to be able to describe it in detail," said Kelly Shackelford, the group's chief counsel, "but you can't tell students that they have to hold the same personal belief that you do."

Mr. Shackelford said that he would await the outcome of the Justice Department investigation but that the next step would probably be to file a suit against the university.

[Alamo-Girl]

Thank you for your post (and I mean that, because that is the how I learn!)

I would never bring a criminal charge against you or this professor. Please see post #253 for why. The only honorable way for a Christian to deal with wrongful treatment is to suffer it and trust God.

Back to this case, as always, I am trying to dig out all the information that I can and present it as objectively as I can. If this professor may be in peril from the DOJ on a criminal matter, then we ought to discuss it. That's what we do best on Free Republic.

[cookcounty]

""The central, unifying principle of biology is the theory of evolution," Dr. Dini wrote. "How can someone who does not accept the most important theory in biology expect to properly practice in a field that is so heavily based on biology?"

So Biology is based on "Evolution."...... And "Evolution is based on Biology.".........

It's nice of Mr. Dini to be so frank and direct about the circularity of his "argument."

[Doctor Stochastic]

The student has complete freedom of religion. The student's freedom of religon should not compel a professor to write a letter of recommendation.

By the same principle, an atheist (Wiccan, Islamic, Buddhist, Jainist, etc.) could request a letter of recommendation to a seminary on the grounds that it's his knowledge not his faith that should be judged. Would a professor of religion have to write such a letter?

[Catspaw]

To paraphrase, by being told that the only way he could be "good enough" to get this professor's recommendation so he could enter medical school is if he were to disavow his religious beliefs.

He never took the professor's class. This professor stated that the student had to take the class and get an A to reach the first criteria for writing a letter of recommendation. This student didn't even do that, didn't bother, didn't try, and from what I gather, never talked to the professor. It's presumptuously arrogrant of the student to assume that if he would've taken the class he would've gotten an A. Does this student also presume that all students who ask for a letter of recommendation, even with an A, gets a letter of recommendation from this professor? It doesn't happen that way.

But where is the injury, the opression, the threats, the intimidation? I don't see it. If you do, please point this out to me.

[MEGoody]

"Footing the bill" for the lawsuit is not the same as having costs and fees (including legal fees) assigned if he loses.

Actually, it is. They've obviously worked a deal with this kid to play the 'victim,' with the commitment that they will pay for any and all costs associated with the litigation. He may be 'legally' liable, but they'll pay the bills. This kind of thing happens all the time.

[Alamo-Girl]

Thank you for your post!

I don't think Christians should roll over and die in the face of injustice.

But that is what happened when they faced the lions in the arena. Their refusal to disavow their faith made it stronger, not weaker. Conversely, when Christians were told (very, very wrongfully) to take up arms and either convert the non-believers or kill them - the numbers increased but the faith hollowed.

The Word tells us, when we are weak, then we are strong.

As I mentioned at 253, I would that people would resolve their issues without going to court.

[Right Wing Professor]

It's nice of Mr. Dini to be so frank and direct about the circularity of his "argument."

The field 'so heavily based on biology' he's referring to is medicine, not evolution.

[MEGoody]

"He can get a letter from his aunt."

You can't be serious in thinking that a letter from his aunt would be what is required for admission to medical school.

[Catspaw]

One of our freepers was involved in a lawsuit against Planned Parenthood, represented by a public interest law firm of this type. She lost. She, not they, were assessed the legal fees of Planned Parenthood, to the tune of thousands of dollars. It'll take me a while, but I'll dig up the thread.

[Alamo-Girl]

Thank you for your post!

Again, I am not advocating bringing criminal charges against bigots.

But the "weapon" of the law is there - it has been for some time now. The real question is whether this DOJ can and will use it.

[MEGoody]

As long as there is an avenue for a good student to get a letter of recommendation which is required in order for the student to be accepted at medical school, then this prof can require the student to be purple if he likes. However, I do not think a state funded school should keep a prof on staff who discriminates on the basis of religion when it comes to anything related to academia (and these letters of recommendation are, indeed, related). Therefore, he should be booted out.

[Right Wing Professor]

I would never bring a criminal charge against you or this professor.

That's a relief, thanks. It did seems a bit out of character.

You should realize, though, that taking a very expansive view of criminal statutes to see if they could be applied to this case does give the impression you advocate applying the statutes in this manner. This isn't a law review; and even if it were, if you wrote a law review article discussing (say) whether the 14th amendment means the govt. should redistribute wealth, people would come to the conclusion you believe that. Aftr all, if you don't believe it, why bring it up at all?

[Alamo-Girl]

Thank you for your post!

By the same principle, an atheist (Wiccan, Islamic, Buddhist, Jainist, etc.) could request a letter of recommendation to a seminary on the grounds that it's his knowledge not his faith that should be judged.

Indeed, that is the classic unintended consequence of going down this path. And that is exactly what is happening in Europe, e.g. Wiccans having to be accepted for employment by the church.

I'm very sure the DOJ will consider this before wading in any deeper.

[dinasour]

"Would a Wiccan be accepted to a Baptist Theological Seminary in the first place?"

Probably not, and that would be religious discrimination.

Sometimes discrimination is justified, and sometimes it is just within the reasonable rights of the the person doing the discrimination.

[MEGoody]

LOL I asked you to define science and part way in, you dove into a rant about your feelings regarding religion. That has nothing to do with the question at hand.

So, getting back to the original question. . . based upon your defintion, would you say that science requires the ability to observe and/or to repeat in a lab, or does science include presumption and jumping to conclusions that cannot be verified OR falsified?

[Catspaw]

Here's the thread:

Freeper Gets Bill From Planned Parenthood for $77,000!!! http://www.freerepublic.com/focus/news/797112/posts

[Alamo-Girl]

Thanks for your post!

But where is the injury, the opression, the threats, the intimidation? I don't see it. If you do, please point this out to me.

I do see it and I have tried to point it out to you. This will be my last attempt.

I can see the prosecutor pleading that just knowing that he could never be good enough for this professor without disavowing his religious beliefs was an insult to his person and caused him personal grief and mental anguish --- that what the professor did was in violation of his Constitutional rights per se. And that according to the precedent established by the USSC in Thomas, liability for that conduct rests on the professor and on the school for permitting it.

[Catspaw]

No, because of the far-reaching consequences, the question is "should the DOJ use it?"

[Nebullis]

You can't be serious in thinking that a letter from his aunt would be what is required for admission to medical school.

That depends on who his aunt is. ;)

There is no requirement for letters from specific individuals for admissions. It could be the person you did a high-school science project with. It could be the chair of the English department. It could be your pastor. Usually, students will ask the person they think is most relevant to their indended course of study. But there are all sorts of mitigating circumstances that will prevent the ideal set of recommendations. A good student has many, many options.

[MEGoody]

"Some are better Christians than you, in that they decline to condemn someone outright for a difference in opinion"

"Hello, Right Wing, this is the pot. You are black."