By Samantha Halem, John Graff, John Duberstein September 10, 2024
Many independent school administrators and trustees likely recoiled as the presidents of some of America’s most prestigious private universities were called to testify before Congress about their handling of campus demonstrations. They were heavily criticized—in some cases forced to resign— following their testimony about the schools’ handling of campus protests in the wake of the Israel-Hamas conflict.
Universities have long traditions as free speech strongholds, championing robust debate, while largely sheltered from Beltway-style political jeopardy. With those traditions being challenged and presidents of some of the nation’s most prestigious institutions of higher education unable to withstand the political headwinds, what is an independent school to do?
The 2024 presidential election will certainly reinvigorate debate about the Israel-Hamas conflict, and it is an unprecedented event in itself. The election has already seen an assassination attempt on former President Trump, the withdrawal of incumbent President Biden, and the nomination of Vice President Harris as the first Black, female, major-party presidential candidate in American history.
Tensions are already running high, often fueled by instant, viral communications by students, staff, and educators. As we prepare for the return of students, administrators at independent schools are asking the same question: how can we prepare our campuses?
First, school leaders must recognize that this election will not remain off campus. Whatever their views, school constituents—students, parents, staff, alumni, or trustees—are likely to hold and express strong feelings about the electoral outcome.
Even in the absence of overt protests, many of today’s campus controversies start with things that might have seemed innocuous in previous years, but now emblazon the headlines of the country’s major newspapers. Consider the following, each based on a real-world example:
In 2024, schools need to be prepared to meet these kinds of situations head-on, or risk dealing with them after they morph into larger controversies. The following tips aim to help focus independent school thinking as they prepare for potential campus controversies during the upcoming election season.
Remember Nonprofit Status. This is a basic issue that most school leaders know well, but nonprofit status is particularly vulnerable to political issues. Schools should ensure that all relevant staff and trustees understand the organization’s duty to refrain from certain types of political activity.
For example, school faculty and staff should NOT:
If your school hosts candidates or their proxies on campus, make sure the forum is nonpartisan, fair, and impartial. When hosting such events, the school should follow these recommendations:
Independent schools should be guided by their mission as a nonprofit and remain firmly in the zone of political party/candidate non-alignment.
So, what can schools do? The list of things NOT to do can be overwhelming and could make a school feel paralyzed for fear of courting controversy or undermining nonprofit status. But there are plenty of things that schools can and should do proactively during the upcoming election, most of which are already within the core competency of the school’s leadership.
Don’t pick teams. Schools should strive to more broadly avoid the pressure of binaries. There is a tendency in our culture to take a position “for” or “against” something, to choose a “team,” whether that means Democrat v. Republican, pro-choice v. pro-life, Israel v. Palestine. This is no simple task, as the pressure to align not just with one side, but against the other, can be intense.
Resist the urge to reduce any campus controversy to a zero-sum fight between two camps. Lead by example. Avoid sweeping proclamations of support or condemnations. Refuse to take sides and instead engage with and discuss what your community is feeling. Explore the underpinnings of conflict:
Take the opportunity presented by a campus controversy to invite meaningful reflection on what it means for your school community.
Communicate to your audience what they need, not what’s expected. Schools should avoid the temptation to lead immediately with the perceived “right” answers. Students at the K-12 level are susceptible to influence and misinformation: they hold strong beliefs, but even stronger emotions. Trying to advocate for the “right” position on every issue can backfire, making tensions worse or alienating members of the school community.
When responding to a controversial issue, pause and think about what role the school should have as an educational institution, and what substance its message should provide. The educator’s first reaction should almost always be guided by what is best for the students (and their families). Before staking out a position, the school should ask:
Mission-aligned means mission-tested. The famous boxing truism that “everyone has a plan until they get hit” is a helpful reminder that, while almost every school has a mission statement, campus controversy is where those mission statements get tested by reality.
Schools should evaluate whether activities carried out under their name comport with the institutional mission. In order to do that, a school needs to be clear about its mission. Mission statements are broad, some were written many years ago—perhaps in another century—and not all issues can be easily reduced to a “fit.” For example, a school with a religious affiliation may have a long tradition of supporting freedom of speech, but also a clear stance on controversial topics that intersect with tenets of their faith. A school with a history of progressive social engagement may also be a strong supporter of causes that unintentionally add to campus divisions.
There is no one solution to any of these dilemmas. The key is to build consensus around the way the school operates before the controversy hits. School leadership should revisit the school’s mission frequently, whether that means revising the mission statement itself or simply agreeing on what it means in the current context. Test your mission with examples culled from the contemporary moment in faculty trainings and at board retreats before it is put to the test at campus protests or other on-campus events—before a parent or alum calls with a complaint.
Consider when NOT to write things down. One of the most popular responses to any campus controversy is a letter from the Head of School or Board President. Think carefully before sending a letter. Letters can be vital to a communications strategy but can also miss the mark and unintentionally add to an already fraught situation. When issuing a statement or sending a letter, school leadership should make sure to consider how it can convey empathy and understanding. Beyond letters to the community, school leaders should also remember that in-person communications, whether individually or in small groups, can do much to calm volatile emotions, make people feel heard, and provide needed resources. Take advantage of existing events and programs for conversations and relationship building. Make calls and reach out personally to affected families, student affinity groups, or alumni. The payoff is well worth the time and effort.
Political education is allowed. While direct political activity is forbidden for nonprofits, political education—an approach at the core of independent schools’ mission—is allowed. Schools should be mindful of how political information is presented—for example, the same nonpartisan approach to political events on campus should apply to any voter education on campus. But there is no prohibition on teaching about politics, the political process, or even how to vote in elections. Schools can decide how much of this type of information its students need and plan accordingly. As long as what is being taught does not support one candidate or party, it can fit comfortably under the nonprofit educational mission.
Schools cannot remove politics from campus. The 2024 election is likely to test the limits of even the most prepared independent school leadership to process political controversy smoothly. But if school leaders are clear on their mission, understand the organization’s role as a nonprofit educational institution, and are actively engaged with stakeholders in a meaningful, empathetic way, the impact of political controversy will be less of a distraction from the school’s educational mission.
How we can help. Anticipating and understanding the controversy before it unfolds on campus is critical. The attorneys in our education practice partner with school administrations to craft policies that provide a solid foundation for addressing potentially disruptive events. But even with the best of planning, not every problem can be anticipated. HRW’s education attorneys are also highly experienced in counseling schools in managing crises, big and small. Contact HRW to find out how we can help your school navigate 2024 and beyond.
Questions?
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