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.

[Dudoight]

I cannot believe this dichotomy exists. In my opinion creationism and evolution are not mutually exclusive. But, the point of this article should be 'Does Spradling have a legimate right to sue'...having never enrolled in the prof's class. Too many people have too much time on their hands.

[HiTech RedNeck]

Except that getting such letters is "REQUIRED" in order to get into medical school. Students who would take a lot of their biology courses from him, but don't believe in evolution BEWARE because time spent with this particular professor will be USELESS in terms of showing themselves "letter worthy."

[Catspaw]

Why would someone pursue getting a letter of recommendation from a professor when the student hadn't taken a class from this professor? Surely this was not the only professor in the university that writes letters of recommendation. Why couldn't the student had asked a professor with whom he had taken a class to write a letter of recommendation?

[HiTech RedNeck]

When a scientist writes a recommendation or other opinion, he puts his credibility as a scientist on the line.

He could quite truthfully and charitably say something like "this student understands very well the evolutionary theory of biological origins, and is a good scientist in XXX and YYY and ZZZ areas of biology" [not related to evolutionary theories of origins] and leave it at that.

[Catspaw]

He could quite truthfully and charitably say something like "this student understands very well the evolutionary theory of biological origins, and is a good scientist in XXX and YYY and ZZZ areas of biology" [not related to evolutionary theories of origins] and leave it at that.

How would the professor had known this if the student in question never took the class?

[HiTech RedNeck]

The problem seems to be that he is refusing up front to do so and thus discriminatory. This won't be an easy legal battle and could have been set up more powerfully with a student who actually has vested a lot of time in his courses, but it has at least as much logical merit as the prof's position.

[steve-b]

A rational judge would order these lawyers to write "My Client Does Not Have A RIGHT To A Recommendation Letter" one thousand times.

[steve-b]

Because unless you know of some video tape showing the evolution of species, this theory is a matter of faith.

I didn't know that Johnny Cochran ("Does the prosecution have a video tape of my client assaulting Ms Smith and Mr Goldman?") lurked here.

[Crusher138]

I think this whole silly business boils down to did the Professor give recommendations based on an individual's religion?

Since religious belief is constitutionally protected, this becomes a rather sticky point.

One could argue, rather spuriously, that a Professor in a medical school that publicly stated that he would not give a homosexual a recommendation because the lifestyle is not healthy nor conducive to a career in healing, would be similarly at risk for a lawsuit. While not constitutionally protected, many would feel that the Professor SHOULD be sued, that such criteria, while having some legitimate value, blatantly discriminates.

Let's say the original Professor in question discovers that his student attends a nearby fundamentalist Christian church. Does he disqualify him on that knowledge? What about other religions that believe in Creation - Jews, Muslims, and Hindus all have the universe being created by a Devine Being. If you practice any of those religions, are you automatically disqualified to be a physicist in this Professor's view.

Another point to consider is how important is this recommendation to their future job prospects?

I guess my point is if the "left" is going to bring silly discrimination lawsuits for barely tenable reasons, why should we be surprised if the "right" begins to bring their own?

[general_re]

Ha. You probably also believe that Thomas Jefferson wrote the Declaration of Independence. But I remind you that you have no videotape to support this theory, and therefore it is purely a matter of faith on your part. Hence, I demand equal time in the nation's history classes to promote my theory that the Declaration of Independence was, in fact, authored by the inhabitants of Planet Seven...

:^)

[Physicist]

I think this whole silly business boils down to did the Professor give recommendations based on an individual's religion?

Since religious belief is constitutionally protected, this becomes a rather sticky point.

I don't see it as a sticky point at all. The relevant Constitutional question here is the professor's First Amendment rights. The right to speak freely comprehends a right not to speak. His reasons for not speaking are immaterial, let them be ever so bigoted. The court cannot compel him to speak when he chooses not to.

[Physicist]

I demand equal time in the nation's history classes to promote my theory that the Declaration of Independence was, in fact, authored by the inhabitants of Planet Seven...

But they already do teach that.

[kittymyrib]

My point is that if you believe as Pres. Bush does when he quoted this from Isaiah 40:26,"Lift your eyes and look to the heavens. Who created all of these? He who brings out the starry host one by one, and calls them each by name. Because of his great power and mighty strength, not one of them is missing," you should not be discriminated against by a government- employed instructor who has a different belief about origins.

[general_re]

...counting from the outside inwards...

Someone's always gotta be a wise guy. Unless you have videotape of such a counting, I reject this faith-based theory of yours ;)

[ODDITHER]

Let's see, if I understand the definition of a theory, it means an explanation based on observation, experimentation, and reasoning, which has been confirmed by verifiable fact (and the absence of incompatible fact).

The difference between fact and theory is that a theory has not be undeniable proven or refuted by fact.

Creation and Evolution should have equal standing within the scientific community. The outrage, should be that a professor used belief in a theory, to rate whether a student should be given a letter of recommendation. The whole reason the scientific community keeps advancing, is that students are trying to prove or disprove theories.

[steve-b]

Precisely. If the professor were a state agent providing a service that is supposed to be available to all citizens as a matter of right or upon meeting certain objective criteria (e.g. issuing driver's licenses or CCW permits), then he would not have such discretion. As it is, he does.

[Catspaw]

Had the student in question signed up for the class for credit, rather than sitting in on two classes and looking at a website, then had the professor either flunk him because the student believes in creationism, or, if he had gotten an A, refused to write a letter of recommendation based on the student's belief in creationism, the student would've had a leg to stand on.

Letters of recommendation are done on a voluntary basis by a professor. The professor can pick and choose whom he decides to write letters of recommendation. However, the student in question didn't even reach that threshold. He didn't take the class. I can't see where he's been actually harmed.

This is frivilious litigation.

[dinasour]

One of the techniques that I have seen conservative commentators use against liberals is to "put the shoe on the other foot".

Okay, should a Professor at a Baptist Theological Seminary be required to give a letter of recommendation to a Wiccan?

Should a physician at a Catholic teaching hospital be required to recommend an abortionist?

Life is not fair. It has never been fair, and it isn't up to the government to make it fair.