'Utterly chilling': IU professor sanctioned over Indiana's intellectual diversity law

Indianapolis Star

4 days ago

Indiana University has sanctioned an outspoken professor at its Bloomington campus after finding an anonymous complaint about his classroom conduct had merit — likely making him the first professor to be punished under Indiana's new intellectual diversity law enacted last year.
However, Germanic studies professor Ben Robinson told IndyStar that he believes the university did not conduct an investigation to uphold its sanctions. And considering some odd circumstances in his case, he said, he's concerned the university is making an example out of him.
"There's no reference to any sort of discovery process whatsoever," he said. "It was clearly a hastily and thoughtlessly written, anonymous complaint in a reporting system that had no consequences. ... It was elevated into an SEA 202 complaint."
IU policy on reviewing such complaints states the university will conduct a investigation if a preliminary review found the complaint had merit. It's unclear if this step was taken before Robinson was sanctioned.
The complaint lodged against Robinson is one of at least 14 grievances investigated in the state so far. It's unclear whether disciplinary action has been taken in most of those cases.
Under Senate Enrolled Act 202, a professor must embrace free expression and "intellectual diversity," while not lecturing about political views unrelated to their field. The law requires those qualities to be considered during tenure review and creates a mechanism for students to report professors.
After a "thorough review," Rick Van Kooten, executive dean of IU's College of Arts and Sciences, found the complaint reflected that the professor conflated "personal life experiences, academic scholarship and pedagogical practice" in violation of SEA 202, according to the five-page disciplinary letter.
"This blurring of roles compromises the integrity of the classroom environment and risks confusing or alienating students," the letter reads. "While this is a matter of degree, it serves as a formal warning to Prof. Robinson to exercise greater care in ensuring that personal experiences and opinions do not unduly influence his pedagogy."
IU spokesperson Mark Bode said the university does not comment on personnel matters. He did not respond to an IndyStar question about whether it conducted an investigation.
The complaint against Robinson was filed last year and cited classroom comments he made about the university restricting free speech rights, times he's been arrested while protesting, and his views regarding the state of Israel.
"He has used class time to say that the university is restricting people's free speech. He has talked about being arrested during class time several times," the complaint reads. "He talks negatively about the state of Israel and describes the war in untrue and unfair ways."
Robinson has been a vocal critic of the IU administration, including its now-struck-down expressive activities policy, and was arrested during the Bloomington campus' Palestine solidarity encampment in spring 2024. He has also been the target of external "watchdog" groups seeking to publicize and condemn political activities of faculty.
The professor said he plans to fight the sanction. According to the letter, he can request a campus Faculty Board of Review to investigate whether university officials have infringed on his right to academic freedom.
The complaint isn't valid, Robinson asserts, both because of its anonymity and its origin.
According to IU policy, a SEA 202 complaint will only be considered if it is submitted by a student or university employee; the policy does not specify protocol for anonymous complaints. In his letter, Van Kooten said the complainant was "very likely a student" in Robinson's class.
Also, the complaint was not initially submitted to the student reporting system intended for "intellectual diversity" concerns. Instead, it was sent to an informal remediating body, which cannot investigate or discipline, and the university escalated the complaint to the Office of Civil Rights Compliance, which can.
"It was surprising that the dean felt that a reporting mechanism that says there's no investigations can just be passed off to someone else, namely him, to conduct the investigation," Robinson said.
In the letter, Van Kooten said the complaint submission was "somewhat unusual," but it would be "irresponsible" for the university to ignore the report.
In the disciplinary letter, Van Kooten appeared to be concerned with the complaint's claim that Robinson frequently mentioned university criticisms and his personal experiences. He acknowledged that Robinson's class "addresses matters such as free speech, education, authority, state violence, and genocide" in the curriculum.
"However, referencing these experiences 'several' or 'numerous' times risks shifting the focus away from the academic content and toward personal political narratives," Van Kooten writes. "When such references become excessive, they may inadvertently allow personal ideology to overshadow the intended learning objectives and compromise the neutrality expected in the classroom."
The sanction does not result in immediate punishment. However, the written warning was added to Robinson's permanent personnel file, meaning it will be considered in future faculty reviews.
Additional sanctions could subject Robinson to probation, suspension, termination or a host of possible penalties related to promotions, tenure or salary, according to IU code.
When the bill was passed in 2024, faculty across the state rebuked it as an infringement on academic freedom and warned of a mass chilling effect on free speech and lecturing on divisive topics.
News of his sanction is "utterly, utterly chilling" of his and his colleague's academic freedom and free speech rights, Robinson said, especially during a time when faculty may feel compelled to speak out. He specifically cited genocide in the Israel-Gaza conflict and state-mandated degree cuts at state universities.
Receiving another sanction would put his livelihood at risk, Robinson said, and he has lost sleep figuring out how to navigate the process. He said that though he is in a vulnerable position, he hopes to continue to drive conversation about these policies and laws.
"The urgency of not caving, the urgency of sticking to one's rights is even greater, because the consequences go well beyond the individual," he said.
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