Update: Inside Higher Ed now reports that UC-Boulder has backed down from its suggestion that controversial teaching be prospectively approved by the university's IRB. On Monday, Provost Russell L. Moore sent the following email to faculty (emphasis mine):
Many of you are raising concerns about comments by our campus spokesperson Mark Miller published today in Inside Higher Ed.... I want to make it clear to you that this was a question raised by CU Arts & Sciences Dean Steve Leigh – whether or not the use of student TAs as actors in a skit presented in a class should be accorded a review by the IRB. I want to make clear that this was not a declaration of a policy, or an expansion of IRB’s role. Inherent in Dean Leigh’s question from the beginning was whether or not some consent form, comparable to what might be required by IRB, would be appropriate. Our campus policies reveal that this is not an area in which IRB would become involved, as it only deals with human subjects used in the research process, not material used for teaching.
A number of you have raised concerns about academic freedom and how it may connect to this situation. Academic freedom protects faculty who teach controversial and uncomfortable/ unpopular subjects. However, academic freedom does not allow faculty members to violate the university’s sexual harassment policy by creating a hostile environment for their teaching assistants, or for their students attending the class. . . . In this case, university administrators heard from a number of concerned students about Professor Adler’s 'prostitution' skit, the way it was presented, and the environment it created for both students in the class and for teaching assistants. Student assistants made it clear to administrators that they felt there would be negative consequences for anyone who refused to participate in the skit. None of them wished to be publicly identified.