Mother Nature, and then human depravity, have dominated the news lately.  Like many of you, I have spent a good bit of time with the weather channel and news channels.  Susan and I have about two dozen family members living east and west in Florida and a condo in Palm City.  We watched as they shifted around, seeking safety as the hurricanes approached but ended up staying east and west and experiencing no real losses. And then there was the lethal quake in Mexico City, followed by the random mass murder is Las Vegas.  I

I had started to write about the free speech issue on campus before the first hurricane hit Texas. I went through several drafts and false starts, trying to focus as the news came in.  Finally, today (deadline day) I had something I was willing to share with you.  I feel strongly about free speech and other constitutional guarantees and chalk up the apparent lack of understanding or appreciation among some college students to failures in our K-12 school system and/or at home.  In any case, I hope this is seen as the teaching opportunity it is, not as something that will be ignored by campus leaders as a “not to worry” passing fancy.  

By: Neil Markee
Editor in Chief-Purchasing Link

One of the challenges of writing commentary for a publication with a deadline is deciding on a subject and another is staying current—to have something useful to say.   Given the rain-laden hurricane in Houston, followed by the powerful, meandering hurricane that all but destroyed many of the low-lying  Caribbean islands, , a follow-up hurricane that caused incredible damage in Puerto Rico, and then the earthquake in Mexico, and mass-murder in Las Vegas, it seems frivolous to focus on the constitutional, legal goings-on within our once seemingly safe ,secure community.  Most of us feel safe, have access to clean water, enough food, and a dry place to sleep.  None of those seemed like luxuries.   Recently, we have been reminded life—and the system that delivers the lifestyle most Americans enjoy—is fragile. Maybe safety is an illusion. 

At another level, there are serious problems on campus and outside the gate demanding attention, and free speech is one of those.  Until recently, it never seemed the open exchange of ideas that is at the core of higher education was at risk.   An article in the 9/29/17 issue of the Chronicle of Higher Education asked what will it be, “Free Speech, Campus Safety, or Both.” The correct response seems obvious.   Can the answer be anything other than both if the enterprise we are associated with is to be accurately referred to as higher education?  Many groups on campus make it clear there are issues worth protesting.  Along with society, we face a plateful of legitimate complaints and some institutions have to contend with existential financial problems as well.  Change is necessary and inevitable but I never thought I’d see a challenge to free speech from the University of California, Berkeley.   

Even the definition of safety on campus has changed. Thankfully, we are not discussing gunfire, rampaging trucks, bombs or nature’s fury.  In terms of the ongoing exchange of views, safety once meant you felt free to state your views and free to support, question or reject the views of others without fear of retribution.  Now, safety’s definition on campus seems to have been expanded to include being sheltered from exposure to views you find objectionable. That may not be deliverable.   A line from Broadway’s Guys and Dolls notes, “You don’t go to jail for what you’re thinking.”  True enough unless, as some argue, you share what others may consider as abhorrent, hateful thoughts with someone who feels assaulted by your words.  So far, the courts seem to agree that verbal assault is not physical assault and don’t justify using physical force or government-imposed sanctions in response.  But not everyone on campus has signed on and, in well-publicized instances,  some have acted to physically deny free speech to those with whom they disagree. But I think the pain some feel is real even if some of us who grew up with a robust daily exchange of views find it a bit difficult to understand why.  Dealing with the pain is a societal challenge.   

Along the way, we are learning freedom of speech, like many freedoms, can be very expensive in terms of lives, treasure and forbearance.  According to an article in the September 29, 2017 Chronicle of higher Education, a campus speech by the conservative writer Ben Shapiro attracted an audience of around 1,000.  Apparently, a few hundred, mostly peaceful, protestors were on hand and nine arrests were made.  Nothing much you say? “The university estimated that the entire exercise cost over $600,000.” Ideally, Mr. Shapiro, the conservative writer, should have been able to make his presentation with only the normal campus security on hand but, apparently, U.C. Berkley Chancellor Carol Christ felt that additional security was needed and was willing, or maybe felt constrained, to pay the price of free speech and probably correctly made a content-neutral decision to provide additional protection.  Not providing the security or barring the speaker would probably have been expensive as well at a public institution, if the aggrieved speaker or the inviting organization had filed suit after effectively being denied free speech.

 The rules governing private institutions are different according to an article titled, “Campus Speech and Anti-Klan Laws” in the October 2, 2017  issue of the Wall Street journal.

 Private Institutions have no First Amendment obligations to provide a forum for speech. But many riots purport to attack white ”supremacy” or privilege” and if private universities act with deliberate indifference to racially motivated attacks, they may be liable to students or speakers. Colleges are subject to antidiscrimination statutes such as Section 1981, an anti-KKK act that would cover student and speaker contract rights. If they accept federal funding – and all but a handful do – they are subject to Title VI of t he civil Rights act of 1964.”

“Institutions are not the only prospective defendants.  Campus rioters themselves may be liable under Section 1085(3), which covers private conspiracies and targets those, who like masked Antifa attackers go in disguise…”  The article applies most clearly to racially motivated physical attacks or efforts to exclude persons.”     

Ideally, in the procurement area, decisions are made based on need and product and service value, not on which candidate or proposal the company or its representative supported in the last election or contributions made to popular or unpopular causes on campus.  As such, keeping free speech issues out of purchasing decision-making should save money.  Selecting acceptable or preferable suppliers based on point of view would certainly drive up costs, deter open discussion with the business community and muffle open debate on campus, if potential donors or legislators were to take the same approach. Denying free speech could cost money.  Have you ever been pressured to favor one potential supplier over another or seen favoritism built into a proposal based on political considerations?  Denial of free speech rights may have been involved. 

Faculty members are complaining that threats they receive about opinions voiced in class or causes supported on campus are violations of free speech issues and call for protection provided by the institution. The basic issue is not vocabulary, hurtful words, (overall there seem to be few bounds there). It’s the message and control over what may be said or written and by whom.  You have to wonder if the same band seeking control of who is granted free speech from the guest podium may also seek to control free speech by faculty. And that raises the issue of who is running the asylum and when they will demand control over business, admissions, housing and other institutional decisions as well.  Free speech is like religious freedom. Either it’s available to everyone, everywhere, or it’s not free speech.

How about hiring, promotion or tenure decisions?   I recall a litigated situation here in New York some years ago where departmental faculty opposed the hiring of an otherwise well-qualified candidate  because his political views did not mesh with the existing majority within the department.  As I recall, some saw the differences of opinion rising to the ethical level.  They liked their cocoon and didn’t want to be forced to put up with someone, on a daily basis, with whom they profoundly disagreed. The judge disagreed.  I doubt the details of this case would have surfaced in the media had not the case been litigated. Does that ever happen on your campus? 

What will it be, Free Speech, or Campus Safety, or Both? We must deliver both to meet the definition of higher education.   But it’s not that easy.  We still have to concern ourselves with those who feel attacked when exposed to messages they find hurtful.  I don’t think safety zones are the answer, as there are too many topics to protect against and people can’t be educated in safety zones.  I don’t have a workable recommendation to share.  What’s happening on your campus?

Registration

Registration is open and the hotel room block is accepting reservations. Do not delay in making your plans to attend the 2018 Annual Meeting in Orlando at Disney’s Contemporary Resort from April 8-11, 2018.

Conference Program

We have sessions scheduled from Monday late morning all the way through Wednesday late afternoon. Specific sessions will be announced shortly on the website

Our Keynote Sessions

Our Opening Keynote Speaker will be Rick Wertsching, Vice President, Strategic Sourcing, Disney Theme Parks & Resorts. Rick will share his insights and best practices from the world-class Disney procurement department.

We are also pleased to announce that we will have a Chief Business Officer Panel Discussion with several CBO's from higher education institutions. Following our panel discussion, you will have the opportunity to take a deep dive into one of four professional development topics. We will announce details very soon but come prepared to learn and engage in a unique way!

Our discussion workshops will focus on 4 areas:

• Negotiations
• Women in Leadership
• Communications
• Leadership from John Maxwell’s 21 Laws of Leadership

Hotel Reservations

All educational sessions and the exhibit hall will be in Disney's Contemporary Resort Hotel. Please note that we anticipate that our room block at Disney's Contemporary Resort Hotel will fill up very quickly this year. Register for the conference and reserve your room as early as you can. To ensure our room block is available to our NAEP members, NAEP is limiting the number of rooms anyone can make in their name to two rooms per night. NAEP will also be periodically reviewing the hotel rooming list provided by Walt Disney World to ensure everyone in the NAEP room block is attending the NAEP 2018 meeting.

Room rates are available at the NAEP discounted room rate of $199 single/double plus applicable taxes ($25 additional person fee above double occupancy. A standard room accommodates a maximum of 5 people). Room reservations must be made no later than March 6, 2018 at this hotel. This discounted room rate is available from Thursday, April 5th through Thursday April 12th, as long as rooms are available. Room nights before and after the above referenced dates are subject to availability from Disney, if available, and at their prevailing market rate.

Sunday Night Host Welcome Event

Book your flights to arrive in time to enjoy a magical evening with NAEP and Walt Disney World® Resort! Disney’s Hollywood Studios™ will open a portion of their park just for NAEP conference attendees! Marvel at the Indiana Jones ™ Epic Stunt Spectacular! and then enjoy the park and the Rock ‘n’ Roller Coaster ® Starring Aerosmith at the other end of Disney’s Hollywood Studios®.  NAEP has a few surprises planned for you during this fun and interactive adventure.

Vendor Hall

We have filled 100 exhibit booth spaces in our MarketPlace exhibit hall already this year! Come prepared to meet with many of your current suppliers and consortiums and meet many others that want to earn your business.

If you are a supplier to the higher education community, reserve your booth before they sell out! Contact Ashley Kmiecik to learn more.

December 11-12  |  Hanover, MD

10.75 hours of continuing education
Negotiation skills are critical throughout all aspects of colleges and universities especially in creating value for your department. Competition for resources, space, funding, equipment, and opportunities require techniques for successful negotiation. This workshop is designed to help procurement professionals understand the negotiation process while learning strategies for analysis, develop decision making processes, and define methods for negotiations. You will learn how to define interests, set priorities, and develop mutually beneficial strategies for all parties.

December 11-13  |  Hanover, MD

16.75 hours of continuing education
This institute was created for the procurement or supply chain professional who currently supports the facilities team or who has an interest in doing so. The Strategic Facilities Institute is designed as a series of practical ‘hands on’ topics using higher education case study material to facilitate discussions in small and large group settings. In this 2½-day workshop, participants will work through a repeatable methodology that emphasizes collaboration between the facilities and procurement teams. The Institute is patterned on the lifecycle of constructed facilities which comprises seven (7) key stages. Those seven (7) components include: strategic vision & market demand, planning & feasibility study, design & engineering, procurement & construction, startup for occupancy, building operation & maintenance and results tracking & data analysis. 

“The conventional view serves to protect us from the painful job of thinking.”

—Kenneth Galbraith