To the the Board of Trustees and Chancellor of the City University of New York,
The undersigned CUNY Law faculty requests the Statement from the Board of Trustees and Chancellor of the City University of New York posted on the CUNY website on May 30, 2023 (May 30th Statement) characterizing remarks made by the student-elected speaker at this year’s law school commencement as “hate speech” be withdrawn immediately, and an apology be issued to the student speaker and to the students that make up the law school Class of 2023.
In the spirit of CUNY Law’s mission, Law in the Service of Human Needs, CUNY Law students study, and our graduates go on to practice, ways to use the law to support marginalized people in New York City, across the country, and around the globe fighting all forms of systemic oppression. For our students, their commencement serves as an opportunity for them to celebrate their steadfast commitment to resist the harms their communities are facing and to envision a world defined by justice for all. In this tradition, the 2023 student-elected speaker spoke in solidarity with New Yorkers subject to vigilante violence and aggressive policing by the NYPD, parents facing brutal family separation by ACS, immigrants under the grinding brutality of the U.S. deportation system and – as student organizations did in the 1980s against the apartheid policies of South Africa – in defense of Palestinians living under Israel’s violent occupation and apartheid system.
In your May 30th Statement, you asserted that the student-speaker’s remarks “fall into the category of hate speech as they were a public expression of hate toward people and communities based on their religion, race or political affiliation.” No reasonable interpretation of the student speaker’s remarks would suggest it was “hate speech,” given that none of the student’s comments attacked any persons or protected classes,[1] but at most commented on nations and state institutions that are incontrovertibly causing harm to people domestically and internationally. Moreover, the May 30th Statement’s suggestion that hate speech includes “political affiliation” as a characteristic similar to race or religion is wildly inconsistent with long-standing and legal definitions of the concept of hate speech. Indeed, the implication that an elected-student speaker at an institution devoted to social justice and human rights was applauded by her peers, faculty, and attendees for engaging in “hate speech” is an affront to both the student speaker and our entire community. This casual and inappropriate characterization also undermines the identification of actual hate speech and state-sponsored bigotry that is sadly on the rise in the United States and often targets many of us in the broader CUNY community. Needless to say, the student speaker's remarks were heartland First Amendment protected speech.
To the extent that the May 30th Statement attempts to equate the scourge of antisemitism with criticisms of the State of Israel, many human rights and Jewish organizations, including the Jewish Law Students Association at CUNY School of Law, flatly disagree. Making such an equivalence would place CUNY squarely part of a well-documented campaign to silence students and faculty at institutions of higher education around the nation by labeling speech that supports Palestine or is critical of Israel as “antisemitic” or “hate speech.” To the extent that the May 30th Statement purports to equate criticisms of policing and other city policies as “hate speech,” this would be equally wrong, and disturbingly following the pattern of politically and ideologically motivated attacks on racial justice movements and public higher education seen in places like Florida.
The May 30th Statement compounds the harms of the smear campaign executed by inflammatory publications like the New York Post, as well as the Mayor and other public officials on their official Twitter accounts, asserting similarly baseless characterizations of the student speaker’s commencement speech. As a result, during a time she should have been turning her focus to studying for the upcoming bar exam, the student speaker has been subject to death threats and Islamophobic harassment, causing her and her family to fear for their safety.
Lastly, we have no doubt that this controversy emerged not from within the CUNY community, but was one manufactured in bad faith by right-wing media and other conservative activists who have long sought to disparage and undermine CUNY Law’s social justice mission and put a target on the back of progressive leaders of color in our community. We are deeply disappointed that CUNY leadership gave further amplification to this ugly and dangerous smear campaign.
Anita Aboulafia, College of Staten Island, Adjunct Lecturer
Tanya Agathocleous, CUNY Graduate Center, Professor
Siraj Ahmed, Lehman College, Professor
Frans Albarillo, Brooklyn College, Associate Professor
Anthony Alessandrini, Kingsborough Community College, Professor of English & Middle Eastern Studies
Esther Allen, Baruch College, Professor
Kelly Anderson, Hunter College, Chair, Department of Film and Media Studies
Jacob Apkarian, York College, Assistant Professor
Sofya Aptekar, CUNY School of Labor and Urban Studies, Associate Professor
Jay Arena, College of Staten Island, Associate Professor
David Arnow, Brooklyn College, Professor
Kafui Attoh, CUNY School of Labor and Urban Studies, Associate Professor
Nora Awadallah, CUNY Graduate Center, PhD Candidate
Fatoumata Binta Bah, Hunter College, Adjunct Lecturer
Lucien Baskin, CUNY Graduate Center, PhD Student
Lara Beaty, LaGuardia Community College, Professor
Peter Beinart, Craig Newmark Graduate School of Journalism, Professor
Renee Bell, Lehman College, Assistant Professor
Claire Bishop, CUNY Graduate Center, Professor
Avram Bornstein, John Jay College of Criminal Justice, Professor
Renate Bridenthal, Brooklyn College, Professor
Stephen Brier, CUNY Graduate Center, Professor Emeritus
Deeadra Brown, Hunter College, Adjunct Professor
Susan Buck-Morss, CUNY Graduate Center, Professor
Jonathan Buschbaum, Queens College, Professor Emeritus
Zara Cadoux, CUNY School of Labor and Urban Studies, Social Justice Leadership Development Specialist
Charlene Cambridge, Lehman College, Adjunct Lecturer
Cody Campbell, Borough of Manhattan Community College, Lecturer
Margaret Carson, Borough of Manhattan Community College, Associate Professor
Carmelina Cartei, Hunter College, Adjunct Lecturer
Wendy Castillejo, Bronx Community College, Career Specialist
Melissa Castillo Planas, Lehman College, Associate Professor of English
Jana Chammaa, The City College of New York, Project Manager - Colin Powell School
Stuart Chen-Hayes, Lehman College, Professor
Victoria A. Chevalier, Medgar Evers College, Professor
Darializa Avila Chevalier, Lehman College, Adjunct Lecturer
Grace M. Cho, College of Staten Island, Professor
Seo-Young Chu, Queens College, Associate Professor
Kandice Chuh, CUNY Graduate Center, Professor
Léa Coffineau, CUNY Graduate Center, PhD Student
Lizette Colón, Hostos Community College, Counselor
Jacqui Cornetta, Queens College, Adjunct Lecturer
Jonathan Cornick, Queensborough Community College, Professor
Timothy Cusick, Hunter College, Adjunct Professor
Jamil Dakwar, Hunter College, Adjunct Professor
Ashley Dawson, College of Staten Island, Professor
Rafael de la Dehesa, College of Staten Island, Associate Professor
James De Lorenzi, John Jay College of Criminal Justice, Associate Professor
Flora de Tournay, CUNY Graduate Center, PhD Candidate
Jessica DeCoux, New York City College of Technology (City Tech), Adjunct Lecturer
Ellen Dichner, CUNY School of Labor and Urban Studies, Distinguished Lecturer
Maggie Dickinson, Queens College, Associate Professor
Ana Djordjevic, Brooklyn College, Teaching Adjunct
Michael Druffel, The City College of New York, Adjunct
Noor A. Dughri, CUNY Graduate Center, PhD Student - Anthropology
Calvin Edward, CUNY Graduate Center, PhD Student
Elik Elhanan, The City College of New York, Associate Professor
Alex Elinson, Hunter College, Associate Professor
Arturo Humberto Enamorado III, Kingsborough Community College, Full Time Lecturer
Joseph Entin, Brooklyn College, Professor of English & American Studies
Scott Erich, CUNY Graduate Center, PhD Candidate
Maureen Fadem, Kingsborough Community College, Professor
Christopher Farley, LaGuardia Community College, Assistant Professor
Talisa Feliciano, CUNY Graduate Center, PhD Candidate
Gene Fellnter, College of Staten Island, Associate Professor
Juan Ferre, CUNY Graduate Center, PhD Candidate
Michelle Fine, CUNY Graduate Center, Distinguished Professor
Cary Fitzgerald, CUNY Graduate Center, graduate student / adjunct
Maddy Fox, Brooklyn College,
George Fragopoulos, Queensborough Community College, Associate Professor of English
Allyson Ganster, CUNY Graduate Center, PhD Student
Kristen Gillespie-Lynch, College of Staten Island, Associate Professor of Psychology
Tami Kashia Gold, Hunter College, Professor
Zoe Goldstein, CUNY Graduate Center, PhD Student
Sandra Goldstein Lehnert, CUNY Graduate Center, PhD Student
Ozlem Goner, College of Staten Island, Associate Professor
Jeff Gonzalez, Borough of Manhattan Community College, Assistant Professor of English
Jonathan W. Gray, John Jay College of Criminal Justice, Associate Professor
Vlad Gurewich, John Jay College of Criminal Justice, Adjunct Professor
Jane Guskin, Queens College, Adjunct Lecturer
Samira Haj, College of Staten Island, Professor of History Emerita
Jean Halley, College of Staten Island, Professor of Sociology
Ian Hansen, York College, Associate Professor
Stacy Hartman, CUNY Graduate Center, DIrector of the PublicsLab
Mobina Hashmi, Brooklyn College Assistant Professor,
Salman Ahmad Hayat, CUNY Graduate Center, PhD Student
Amy Herzog, Queens College, Professor
James Hession, College of Staten Island, Professor
Caroline K. Hong, Queens College, Associate Professor
Briallen Hopper, Queens College, Assistant Professor of English
Amy Hsin, Queens College, Professor
Abdullah Ali Jawad, CUNY Graduate Center, PhD Student
Geoff Johnson, College of Staten Island, CUNY START Instructor
Boyda Johnstone, Borough of Manhattan Community College, Assistant Professor
Alethia Jones, CUNY School of Labor and Urban Studies, Distinguished Lecturer
Alexandra Juhasz, Brooklyn College, Distinguished Professor
Jeremiah Jurkiewicz, College of Staten Island, LGBTQ Resource Center/Social Justice Coordinator
Humayun Kabir, Queens College, Substitute Lecturer
Marc Kagan, CUNY Graduate Center, Adjunct Lecturer
Jeremy Kane, Queens College, Adjunct Lecturer
Laura Keating, Hunter College, Professor
Omnia Khalil, The City College of New York, Lecturer
Matthew Knip, Hunter College, Adjunct Lecturer
Peter Kolozi, Bronx Community College, Professor
Yana Kuchirko, Brooklyn College, Assistant Professor
Maya Latif, CUNY Graduate Center, PhD Student
Do Jun Lee, Queens College, Assistant Professor
Aaron Lenchner, CUNY School of Labor and Urban Studies, Creative Communications Specialist
Vivian Lim, Guttman Community College, Assistant Professor
Merita Ljubanovic, Lehman College, Adjunct Lecturer
London, CUNY School of Labor and Urban Studies, Associate Professor
Stephanie Luce, CUNY School of Labor and Urban Studies, Professor
Derek Ludovici, Brooklyn College, Adjunct Lecturer
Rebecca Lurie, CUNY School of Labor and Urban Studies, Adjunct Faculty
Wendy Lutrell, CUNY Graduate Center, Professor
Angeles Donoso Macaya, Borough of Manhattan Community College, Professor of Spanish
Nivedita Majumdar, John Jay College of Criminal Justice, Professor
Addy Malinowski, CUNY Graduate Center, Graduate Student
Veronica Manlow, Brooklyn College, Associate Professor
Robin Margolis, Queens College, Adjunct Lecturer
Charlie Markbreiter, CUNY Graduate Center, PhD student, adjunct
Gerald Markowitz, John Jay College of Criminal Justice, Distinguished Professor of History
Gerry Martini, CUNY Graduate Center, Associate Director of Admissions
Cecelia MCall, Baruch College, Associate Professor (retired)
Leslie McCall, CUNY Graduate Center, Professor of Sociology and Political Science
Jessi McNeal, CUNY Graduate Center, Graduate Student
Douglas Medina, Guttman Community College, Instructor
Sarah Meister, John Jay College of Criminal Justice, Adjunct Lecturer
Asa Mendelsohn, Hunter College, Adjunct Lecturer
Andrew Mendelson, Craig Newmark Graduate School of Journalism, Professor
Ruth Milkman, CUNY Graduate Center, Distinguished Professor
Sherry Millner, College of Staten Island, Professor
Andrea Morrell, Guttman Community College, Associate Professor of Anthropology
Kate Moss, CUNY School of Professional Studies, Doctoral Lecturer, General Education and Liberal Studies
Corinna Mullin, John Jay College of Criminal Justice, Adjunct Professor
Carolina Bank Muñoz, Brooklyn College, Professor
Britt Munro, CUNY Graduate Center, PhD Student/Adjunct Lecturer
Soniya Munshi, Borough of Manhattan Community College, Associate Professor
Casandra Murray, CUNY Graduate Center, Graduate Student
Amber Jamilla Musser, CUNY Graduate Center, Professor
Itsue Nakaya-Perez, CUNY Graduate Center, PhD Student
Marcelo D. Viana Neto, Hostos Community College, Assistant Professor
Nathan Nikolic, Baruch College, Adjunct
Brendan O’Connor, CUNY Graduate Center, Graduate Assistant
Paul Oder, CUNY Graduate Center, PhD Candidate
Kathleen Offenholley, Borough of Manhattan Community College, Professor
Mojúbàolú Olufúnké Okome, Brooklyn College, Professor of Political Science
Charlie Overton, CUNY Graduate Center, PhD Student
Rupal Oza, Hunter College, Professor
Scott Paltrowitz, CUNY School of Law, Former Adjunct Professor
Lindsay Parme, CUNY Graduate Center, PhD Candidate
Rebecca Pawel, CUNY Graduate Center, Research Associate
Eddie Pesante, Gonzalez, Graduate Student
Rosalind P. Petchesky, Hunter College, Distinguished Professor Emerita of Political Science
Marianne Pita, Bronx Community College, Professor
John P. Pittman, John Jay College of Criminal Justice, Associate Professor
Sarah Pollack, College of Staten Island, Associate Professor
Tanya Pollard, Brooklyn College, Professor
Rhea Rahman, Brooklyn College, Assistant Professor
Jeremy Randall, The City College of New York, Adjunct Professor
Mariana Regalado, Brooklyn College, Professor
Nicholas Reynolds, Brooklyn College, Adjunct Lecturer
Anne Rice, Lehman College, Associate Professor, Africana Studies
Jesse Rice-Evans, CUNY School of Professional Studies, OpenLab Manager
James Rodriguez, CUNY School of Labor and Urban Studies, Assistant Professor
Justin Rogers-Cooper, LaGuardia Community College, Professor of English
Anick Rolland, CUNY Graduate Center, Associate Registrar
Joaquin Rosa, Brooklyn College, Administrator
Tamar Rothenberg, Bronx Community College, Professor and Chair, Department of History
Kaliris Y. Salas-Ramirez, The City College of New York, Medical Distinguished Lecturer
Christopher Santiago, College of Staten Island, Doctoral Lecturer
Veronica Schanoes, Queens College, Associate Professor
Naomi Schiller, Brooklyn College, Associate Professor
Emily Schnee, Kingsborough Community College, Professor
Sarah Schulman, College of Staten Island, Distinguished Professor Emeritus
Jason Schulman, John Jay College of Criminal Justice,
Scott Schwartz, The City College of New York, Adjunct Professor
Jillian Schwedler, Hunter College, Professor
Yzza Sedrati, CUNY Graduate Center, PhD Student
Jacob Segal, Kingsborough Community College, Associate Professor of Political Science and Chair, History, Philosophy and Political Science Department
Jimin Seo, Baruch College, Adjunct Lecturer
Faruk Seref, CUNY Graduate Center, PhD Candidate
Rebecca Smart, Borough of Manhattan Community College, Adjunct Lecturer
Ben Snyder, Brooklyn College, Lecturer
Charles Snyder, York College, Professor
Samir Sonti, CUNY School of Labor and Urban Studies, Assistant Professor
Chy Sprauve, John Jay College of Criminal Justice, Substitute Assistant Professor
Rosa Squillacote, John Jay College of Criminal Justice, Lecturer
Karl Steel, Brooklyn College, Professor
Karen Steele, Queensborough Community College, Vice President for Institutional Planning
Chris Stone, Hunter College, Associate Professor
Joel Suarez, CUNY School of Labor and Urban Studies, Assistant Professsor
Laura Tanenbaum, LaGuardia Community College, Professor
Fatima Tariq, Hunter College, Instructor - Arabic
Cristina Teran, Queens College, Assistant Director - College Now Program
Max Thorn, Queens College, Librarian
Miriam Ticktin, CUNY Graduate Center, Professor
Junior Tidal, New York City College of Technology (City Tech), Professor
Daniel Tinkelman, Brooklyn College, Professor
Saadia Toor, College of Staten Island, Associate Professor
José M Martínez Torrejón, Queens College, Distinguished Professor
Jason Tougaw, Queens College, Professor
Ganesh Trichur, College of Staten Island, Faculty
Lynne Turner, LaGuardia Community College, Adjunct Lecturer
Lori Ungemah, Guttman Community College, Associate Professor
Miriam Urizar, CUNY Graduate Center, PhD Student - Linguistic Anthropology
Linta Varghese, Borough of Manhattan Community College, Assistant Professor
Rob Veline, CUNY Graduate Center, PhD Student
Natalie Bump Vena, Queens College, Assistant Professor
Nantina Vgontzas, CUNY School of Labor and Urban Studies, Assistant Professor (Incoming)
Thomas Volscho, College of Staten Island, Associate Professor
Jeff Voss, CUNY Graduate Center, Graduate Fellow
Leila Walker, Queens College, Assistant Professor
Jaime Weida, Borough of Manhattan Community College, Assistant Professor
Bryan Welton, CUNY Graduate Center, PhD Candidate
Karen G. Williams, Guttman Community College, Assistant Professor
Joshua Wilner, The City College of New York, Professor Emeritus, English and Comparative Literature
Cynthia S Wiseman, Borough of Manhattan Community College, Professor, Academic Literacy & Linguistics
Elizabeth L. Wollman, Baruch College, Professor of Music
Michael W. Yarbrough, John Jay College of Criminal Justice, Associate Professor
Bilge Yesil, College of Staten Island, Associate Professor
Moa Zachariah, CUNY Graduate Center, PhD Student
Inma Zanoguera, CUNY Graduate Center, PhD Candidate
Oswaldo Zavala, College of Staten Island, Professor of Latin American Literature and Culture
Sarah Zeller-Berkman, CUNY School of Professional Studies, Director of Youth Studies
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Rabab Abdulhadi, San Francisco State University, Director & Senior Scholar - Arab and Muslim Ethnicities and Diasporas Studies
Ujju Aggarwal, The New School, Assistant Professor
Mahvish Ahmad, London School of Economics, Assistant Professor in Human Rights and Politics
Amna Akbar, The Ohio State University, Charles W. Ebersold and Florence Whitcomb Ebersold Professor of Constitutional Law
Yigal Arens, University of Southern California, Research Professor
Sandra Babock, Cornell University, Clinical Professor of Law - Cornell Law School
Abigail Balbale, New York University, Associate Professor of Middle Eastern and Islamic Studies
Gordon Beeferman, New York University, Adjunct Professor
Zamir Ben-Dan, Temple University, Assistant Law Professor - Beasley School of Law
Brian Boyd, Columbia University,
Ethan Calof, Vanderbilt University, PhD Candidate
Isabel Sobral Campos, Teaching Professor, Northeastern University
Andrea Castellano, New York University, Educator
Andrés Fabián Henao Castro, University of Massachusetts - Boston, Associate Professor of Political Science
Zahid Chaudhary, Princeton University, Associate Professor
Eric Cheyfitz, Cornell University, Ernest I. White Professor of American Studies and Humane Letters
Natasha Chokhani, New York University School of Law, Acting Assistant Professor of Lawyering
Colleen Comerford, Mass College of Art + Design, Adjunct Professor
Charles H.F. Davis III, University of Michigan, Assistant Professor of Higher Education
Mark Drury, Colgate University, Visiting Assistant Professor - Middle Eastern and Islamic Studies
Shimon Edelman, Cornell University, Professor
Dorien Ediger-Seto, New York University School of Law, Acting Assistant Professor
August Faller, Bryn Mawr College, Visiting Assistant Professor
Samira Farwaneh, University of Arizona, Professor
Marilyn Frankenstein, University of Massachusetts - Boston, Professor (retired)
Charles Gelman, New York University, Adjunct Instructor
Shannon Gleeson, Cornell University, Professor - School of Industrial and Labor Relations
Seema Golestaneh, Cornell University, Associate Professor
Linda Gordon, New York University, University Professor of History
Marsha Griggs, Washburn University, Professor of Law - School of Law
Shahnaz Habib, The New School, Part-time Faculty
Najam Haider, Columbia University, Professor of Religion - Barnard College
Gavin Healy, University of Michigan, Postdoctoral Fellow
Mario Hernandez, SUNY Cortland, Lecturer - English
Jim Holstun, University at Buffalo, Professor of English
Dale Hudson, New York University - Abu Dhabi, Associate Professor of Film and New Media
Yosra Hussein, Columbia University, PhD Student
Ellen Isaacs, New York Medical College, Retired
Manal A. Jamal, James Madison University, Professor of Political Science
Noureddine Jebnoun, Georgetown University, Adjunct Associate Professor - Center for Contemporary Arab Studies
Tony S. Jugé, Pasadena City College, Professor of Sociology
David Kazanjian, University of Pennsylvania, Professor of English (formerly of Queens College and CUNY Graduate Center)
Arang Keshavarzian, New York University, Associate Professor of Middle Eastern and Islamic Studies
Fawzia Afzal Khan, Montclair State University , Professor of English
Nadeem Khan, Davis & Elkins College, Professor of Economics (retired)
A. Joseph Layon, MD, University of Central Florida College of Medicine
Darryl Li, University of Chicago, Assistant Professor - Anthropology; Associate Member - Law School
Justine Lindemann, The Pennsylvania State University, Assistant Professor of Community Development and Resilience
Julie Livingston, New York University, Silver Professor of Social and Cultural Analysis and History
David Lloyd, University of California - Riverside, Distinguished Professor of English
Zachary Lockman, New York University, Professor
Rana Makki, American University of Beirut, Researcher
Natalie Melas, Cornell University, Associate Professor
Angela Miller, Washington University, Professor
Dana Francisco Miranda, Assistant Professor of Philosophy,
Nabil Natafgi, University of South Carolina, Assistant Professor - Arnold School of Public Health
Vasuki Nesiah, New York University, Professor of Practice
Sara Pursley, New York University, Associate Professor
Russell Rickford, Cornell University,
Ellen Ross, Professor Ramapo College of New Jersey, Emerita of History
Joan W. Scott, Institute for Advanced Study, Professor Emerita
Pamela Sertzen, Ithaca College, Assistant Professor
Crystal Shackleford, Yale University, Postdoctoral Research Associate
Normandy Sherwood, New York University, Clinical Associate Professor
Dina M. Siddiqi, New York University, Clinical Associate Professor
Bruce N. Simon, SUNY Fredonia, Associate Professor
Ian Ross Singleton, SUNY Albany, Lecturer
Stephen Soldz, Boston Graduate School of Psychoanalysis, Professor and Director of Research
Eric Stoner, St. Joseph's University - New York, Adjunct Professor
Karen Suyemoto, University of Massachusetts - Boston, Professor
Mairaj U. Syed, University of California - Davis, Associate Professor
Steve Tamari, Southern Illinois University - Edwardsville, Professor
Kabir Tambar, Stanford University, Associate Professor
David Unger, Cornell University, Program Director - The Worker Institute
Siva Vaidhyanathan, University of Virginia, Professor
Pramila Venkateswaran, SUNY Nassau, Professor
Monique Whitaker, Univeristy of KwaZulu-Natal, Lecturer
Craig Willse, Prescott College, Associate Faculty
Noor Zehra Zaidi, University of Maryland - Baltimore County, Assistant Professor
Jeff Zhao, Texas State University, Faculty
[1] Under the New York City Human Rights Law (Title 8 of the Administrative Code of the City of New York), protected classes include age, immigration or citizenship status, color, disability, gender (including sexual harassment), gender identity, marital status and partnership status, national origin, pregnancy and lactation accommodations, race, religion/creed, sexual orientation, and status as a Veteran or Active Military Service Member. Further, New York State law considers the following identities when determining whether a crime was motivated by bias: race or color, religion or religious practice, ancestry or place of national origin, gender, sexual orientation, gender identity or expression, disability, or age. New York law seeking to prevent hate speech on social media encompasses speech used “to vilify, humiliate, or incite violence against a group or a class of persons on the basis of race, color, religion, ethnicity, national origin, disability, sex, sexual orientation, gender identity or gender expression.” At the federal level, the Civil Rights Division, Educational Opportunities Section enforces several federal civil rights laws which prohibit discrimination on the basis of race, color, national origin, language, sex, religion, and disability in schools and institutions of higher education.