Then why can't a professor at a public institution say a prayer at graduation? There is no requirement from the university that says he must, he can give a prayer as a private citizen. The fact that the student is a customer of the university and the professor uses his offical title when he signs the letter indicates that this is an act related to his job as a Professor. If this man were not a Professor, his recommendation would be meaningless. I really can't see a court finding that this is a private act. Besides if it is so private and not related to his job, why is his critera posted on the university web site?
Then why can't a professor at a public institution say a prayer at graduation? There is no requirement from the university that says he must, he can give a prayer as a private citizen.
An excellent question! I make the distinction because graduation is a right of all (passing) students, no matter what their religious beliefs. Therefore, when the professor addresses the crowd, they have no choice but to hear, whether they want to or not - That is what is people find objectionable.
In the case of the recommendation, on the other hand, the student need never be affected by the professor's own personal biases, with respect to religion, since they are not required to ask for his recommendation.
The fact that the student is a customer of the university and the professor uses his offical title when he signs the letter indicates that this is an act related to his job as a Professor. If this man were not a Professor, his recommendation would be meaningless.
Absolutely! The act of writing the recommendation is certainly related to his position, and that position gives the recommendation more weight than if the this man was not a professor.
I really can't see a court finding that this is a private act.
Why? Being related to one's position in some way is not the same as being a duty of that position. For instance, if I ask a professor to come into a courtroom or come on the nightly news and give his opinion on some issue or other, of course I am asking him because he is Professor so-and-so, a very important man in his field, from the prestigious such-and-such University. But I am still just asking his opinion, and he is giving it freely, as a private citizen, because someone is asking for it. A recommendation is a statement of opinion, not fact, and the student is asking for a favorable opinion; we cannot dictate the opinions of others. That's why it's a personal recommendation - To state the facts of one's qualifications would not require the professor's help at all.
Besides if it is so private and not related to his job, why is his critera posted on the university web site?
We agree that it is related to his job, which is one reason for justifying it being there. With that said, there are many, many faculty, staff, and students who put personal information and opinions, both related to their field and completely unrelated, on University server space, so that it is there doesn't really imply much, either way...
Thanks for reading, and for your response!
DFS