Sunday, March 19, 2023




Four Oxford dons forced to retire by university at the age of 68 win age discrimination claim

Academics can remain productive into their '90s so forced early retirement always was nonsense

Four academics forced to retire at 68 under a policy designed to promote ‘diversity’ have won their age discrimination claim against Oxford University.

The Employer Justified Retirement Age policy was found by an employment tribunal to have a discriminatory effect and could not be legally justified.

The senior academics all left the university between 2019 and 2021 because of the policy introduced a decade earlier. Some went on to work elsewhere instead of retiring.

Nicholas Field-Johnson, 71, head of development in continuing education; Bent Flyvbjerg, 70, a professor in the Said Business School; Philip Candelas, 71, the Rouse Ball head of mathematical physics; and Duncan Snidal, 69, a professor in international relations, successfully joined forces to challenge the university’s ageist policy to push them into retirement.

They stand to receive substantial damages. A future hearing will decide on a remedy unless a deal is struck with Oxford.

The judgment has not yet been published but was revealed by lawyers representing three of the academics.

Their solicitor Simon Henthorn, a partner at Doyle Clayton, said: ‘In our experience it is difficult for employers to lawfully retire employees.

'This was certainly the case in this matter, and we are delighted that the Employment Tribunal has ruled in the professors’ favour.’

Employers used to be able to force workers to retire at 65 but this default retirement age was scrapped in 2011, allowing most to continue working if they want or need to.

Oxford’s policy was also introduced in 2011 and covered staff ranging from the Vice-Chancellor down to senior research staff.

The idea was that it could be justified as the aim was to promote ‘equality and diversity’ by opening up new jobs to a younger generation likely to be more diverse than the existing workforce.

The university claimed that ‘refreshing’ the academic and research staff would help it maintain ‘its rich academic environment and foster innovation.’

But this latest legal challenge has put the policy - set to increase the retirement age to 69 later this year - in doubt.

By law an employer can ask employees to retire at a certain age there is a legitimate aim behind it. In this case the tribunal ruled the policy could not be justified in this way.

The tribunal panel said the university had not produced evidence to show the policy’s success in creating vacancies.

Figures provided indicated ‘nine in ten’ vacancies for statutory and associate professor roles would have arisen if the EJRA had not existed.

The tribunal concluded ‘the overall contribution of the EJRA to promoting equality and diversity is very limited.’

Oxford, Cambridge and St Andrews are the only universities to have such age-related retirement rules in place.

An Oxford University spokesman said: ‘The university has been notified of the tribunal’s ruling. We are currently reviewing the detail and considering our next steps, including the option of appeal.’

None of the academics were available for comment.

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‘Restorative Justice’ Is Killing American Classrooms

As record numbers of fistfights are erupting amid a behavior crisis in the American public education system, more schools are attempting to use restorative justice—even though that process often makes behavioral problems worse.

Restorative justice is a remediation theory that suggests students respond better to affirmation-based conversations in which an adult de-escalates any problem situation by calmly discussing the students’ feelings about the problem until everyone agrees.

Restorative justice relies on student investment and commitment to say, “I am willing to do this.”

Traditional methods of discipline are seen as utterly barbaric, with fans of restorative justice suggesting that punishing a student for violent or other bad actions sets them on an unshakable path toward prison and abuse.

Proponents often point to schools that adopted the practice of restorative justice and saw a sharp decline in suspensions—Oakland Unified School District in California, for example. Although suspensions in Oakland Unified have decreased, the level of violence and total number of police incidents in the school district have not.

Few, if any, schools that have adopted restorative justice as a replacement for traditional discipline have seen a healthier school environment that is safer for teachers and students.

Unfortunately for those who seek the utopian, unicorn sunshine of these practices, the majority of students don’t respond well to restorative justice. Hundreds of public school districts that use it are experiencing large numbers of physical fights and continual chaos that is more responsible for driving teachers out of the classroom than almost any other issue.

Restorative justice fails thousands of classrooms a day in situations such as this recent one in Wisconsin described by Milwaukee English teacher Daniel Buck:

A student gets into a violent fight in the classroom—students’ safety is threatened, and the teacher struggles to break up the fight before calling the office. The office may (or may not) send an administrator, counselor, or other office-staff member to the classroom, where the fighting students are taken into the hallway or the office for a brief discussion about their actions.

Most often, the students are told to get along, sent back to class, and within five minutes nothing more has occurred than putting the safety of students at risk with both violent students back in their seats with no more than a polite ‘talking to.’ These students don’t buy into restorative practices. Why should they care?

Any adult who has spoken with a child after (or during) a fight knows that rational dialogue and feelings-centric relationship-building aren’t at the forefront of his mind. Why would a violent or disruptive student choose to engage in an “opportunity for equitable dialogue and participatory decision-making” when he can simply mumble at the floor and be sent from the office back to class without punishment regardless?

I have yet to see a single pair of high school students who just smashed each other’s faces into lockers and cement walls genuinely respond with an air of reconciliation to the questions, “What can you do to repair the harm?” or “Who else was affected by what you did?”

You’re far more likely to hear a screaming explanation of why the other student “needed his a– beat.”

American classrooms have given up detentions, suspensions, and community service as methods of delivering justice in order to gain a never-ending cycle of violence; this teaches students that they may do whatever they wish with no observable risk.

We also forget the additional impact that this horrific policy has on innocent students and teachers who are just trying to engage in the learning process.

How are students supposed to focus on their education when desks are thrown aside by students who are pulling each other’s hair and screaming at the top of their lungs? How are teachers supposed to teach when students are throwing each other across the room without respite?

As the science and STEM coordinator for Indianapolis Public Schools, I watched my science teachers struggle under the weight of a failed system as their students beat each other to the point of senselessness day after day, without any administrative action other than “sharing their feelings.”

The National Education Association, the nation’s largest teachers union, continues to preach that the “school-to-prison pipeline” is solved by restorative justice. But it seems that students are more likely to be thrown in prison as a result of the practice.

Students who are violent and disruptive without consequences one day will find that police departments don’t have restorative conversation circles. Crimes will be met with prison sentences.

As a teacher, I was told repeatedly in our “equity meetings” that the classical methods of justice were harmful and ineffective—yet charter and private schools that still practice these methods enjoy the privileges of safe hallways and classrooms, fewer police incidents, and a better environment for learning.

Restorative justice practices have driven many teachers I’ve spoken with to tears. Entire schools have locked their bathrooms during the day to prevent students from killing each other between classes. Instagram accounts celebrating hourly fights in large public schools spring up so often that social media platforms have trouble taking them down.

The Justice Department announced March 6 that it would offer grants to teach university education departments about the supposed virtues of restorative justice, hoping to “educate, train, and build knowledge on restorative justice approaches, principles, and their application to criminal justice and community safety.”

Despite the record of classical discipline and justice in creating safe environments, despite the numerous examples we have of these methods working effectively, the Biden administration seems bent on pushing us ever close to the false dream of utopia. And our children will pay the price.

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Distressing moment female teacher QUITS in the middle of class after being taunted by kids

The woman, who has not been identified, looked distressed as she started to pack up her belongings before storming out of the classroom.

Initially pupils can be heard laughing, before a male voice says 'woah isn't no way' as she continues on her outburst.

It is unclear which school or even where in the US the incident took place, with text over the top of the footage saying 'they made the teacher leave'.

A woman can be heard saying 'just come out' as another member of staff wearing a lanyard appears to stand in the classroom watching it unfold.

The teacher said: 'And people are laughing, I'm gonna go I don't even care if I don't get paid today. I'm just a stupid old white lady, that's all.

'Yeah do whatever you want to do I don't care. You're gonna do it anyway.' 'I'm walking, I'm walking right out the door. I won't ever be back.'

Many teachers have spoken out in solidarity with the woman, saying that 'bullies come in all ages' as well as blaming it on parents for controlling their children.

One said: 'They literally brag about making teachers cry or quit like it's cute or something.

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My other blogs: Main ones below

http://dissectleft.blogspot.com (DISSECTING LEFTISM)

http://antigreen.blogspot.com (GREENIE WATCH)

http://pcwatch.blogspot.com (POLITICAL CORRECTNESS WATCH)

http://australian-politics.blogspot.com/ (AUSTRALIAN POLITICS)

http://snorphty.blogspot.com/ (TONGUE-TIED)

http://jonjayray.com/blogall.html More blogs

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