Last year, Philip Furmanski, Dean of the Faculty of
Arts and Sciences at New York University, sent an e-mail memo to members
of the Biology Department concerning "a resurgence of activity among
animal rights groups focusing on NYU," and in particular on the construction
of a laboratory which will conduct experiments on animals on the top
floor of the Main Building at NYU. In the memo, Furmanski said that
one of the organizations, SEAL or Students for Education and Animal
Liberation at NYU, was "attempting to directly recruit students and
will be holding meetings and probably protests on campus from time to
time." Furmanski advised fellow faculty members to "keep a low profile."
For, he argued, "there is little to no awareness of the presence of
animals [in laboratories] at Washington Square and we want to keep it
this way. Even the construction on the roof [of Main Building] is intended
to be just another 'biology laboratory'." He continued: "If any students
approach you regarding this issue, the response is that we do everything
that is legally and morally required to assure the health and well-being
of any animals.... Above all please try to be discreet and take care
to keep the profile of any animal usage as low as possible."
This memo found its way into the hands of Jonathan
Weintraub, a senior in the College of Arts and Sciences at NYU, who
brought it to the attention of authorities at a town hall meeting on
November 20th. Weintraub vociferously demanded that the University begin
an open dialogue on the subject. After a few minutes of discussion,
the meeting was abruptly halted by the presiding official. A week or
so later, Weintraub was charged with disrupting University proceedings
and interfering with others' rights and told to appear before a University
tribunal. The tribunal finally decided last month to suspend Weintraub
for a semester, but not impose the punishment unless, ran the ruling,
"Mr. Weintraub is found, through a University disciplinary process,
to have violated a code of conduct or policy applicable to New York
University students."
Spot the Extremist
The disruption of one meeting by a perhaps obnoxiously
insistent student might not be important news were it not part of a
larger problem at New York University--and no doubt other universities--about
how to handle the issue of animal experimentation and those who oppose
it. In New York University's case, recent history is littered with cases
where, to place Dean Furmanski's assurances in perspective, the welfare
of the animals and the complaints of those who have questioned their
treatment have been ignored.
A few years ago, NYU sold the chimpanzees that
had been used at their biomedical research establishment in upstate
New York to the Coulston Foundation (TCF), an institution cited for
numerous violations of the Animal Welfare Act, and against the recommendation
of the veterinarian who had looked after the chimps. The veterinarian,
who had recently visited the Foundation, had been "amazed to find extensive
noncompliant conditions." The transfer of the last remaining 20-odd
chimps to TCF was halted last year, when Weintraub and other members
of SEAL took over the NYU President's office and refused to move until
the primates were sent to a sanctuary.
Previous to this, Jan Moor-Jankowski, cofounder
of NYU's biomedical research establishment known as LEMSIP (Laboratory
for Experimental Medicine and Surgery in Primates), had been summarily
dismissed from his post after he cooperated with authorities in stopping
the experiments of Ron Wood at New York University. Wood had been addicting
primates to crack cocaine and depriving them of water; although it was
the latter not the former activity which constituted one of the violations
of the Animal Welfare Act for which the U.S. Department of Agriculture
(USDA) fined NYU $450,000.
In all this, NYU has acted--to put it mildly--with
an imperious disdain for their employees, their own statutes, or the
sensibilities of others. Moor-Jankowski is suing both NYU (for unfair
dismissal) and the USDA (which he says failed to provide him with his
legal protection as a whistleblower). Far from acknowledging the severe
reservations detailed in the report from their own veterinarian, only
a few weeks later NYU's Board of Trustees sent a hundred chimpanzees
and $2 million to the Coulston Foundation and praised TCF's "high level
of preventive and veterinary care in a modern and efficient setting."
Two chimpanzees died shortly after arrival. When the students took over
the NYU President's office, administration officials threatened suspension
and expulsion. And when Jonathan Weintraub was brought before the tribunal,
his lawyer accused NYU of numerous violations, which are worth citing:
"ignoring its own deadline for 'informal resolution' of the allegations;
holding a purported 'settlement' meeting at which University officials
lacked authority to resolve the matter; later offering onerous and unduly
harsh terms that would permit any of a range of University officials
to suspend or expel Mr. Weintraub without any right to challenge such
a punishment; allowing only 21 hours for Mr. Weintraub to consider the
proposed 'settlement,' thus obviating negotiation and requiring that
he reject the proposal; making an advance ruling, in contravention of
University rules, that at the hearing counsel cannot cross-examine witnesses;
[and] prohibiting a transcript of the proceedings."
NYU could have asked Professor Moor-Jankowski
about handling procedures. Moor-Jankowski, as he admits, is no "animal
lover." But, "[chimpanzees] are sentient beings," he has said, "and
they deserve their fair share." He is, to a degree, willing to engage
in debate with animal rights advocates; he complained about lack of
funding for animal care at other universities, and even published a
letter from Shirley McGreal of the International Primate Protection
League in The Journal of Medical Primatology, of which he was the editor.
This last action led to a seven-year court case when he was sued for
libel by an Austrian pharmaceutical company. It also led to the withdrawal
of financial and moral support by scientific and medical groups.
Bad Interpretation
As to the memo that began this recent ruckus, Dean
Furmanski has expressed regret that it "caused a lot of unnecessary
anxiety and a lot of unnecessary difficulties." He denied there was
any attempt at deception, and that he had not meant to keep the issue
from students. He thought the memo had been interpreted badly, and that
there was "little to no awareness of a lot of things that go on...not
because there's anything bad about them, but simply because there's
no reason to have them publicized." "It's also not something that one
necessarily parades around," Furmanski said. "I don't necessarily want
to wave a flag...and raise sensitivities unnecessarily."
I find it hard to believe that even Dean
Furmanski believes that the last few years of fines, procedural violations,
dumped reports, heavy-handed punishments, not to say employment of a
researcher convicted of breaking the law and the firing of the man who
helped expose him, is all a matter of bad interpretation from people
with over-refined sensibilities. What this is about is how universities
fear exposure of how they spend people's money and the emergent recognition
that their experimental subjects are not agar plates but, in Moor-Jankowski's
words, "sentient beings."
Why send a memo drawing people's attention to
a subject when the point is not to draw attention to the subject, unless
there is a recognition that the subject is not only volatile but potentially
morally questionable and financially costly? And why not engage in the
kind of open-door policy favored at LEMSIP rather than preach but not
practice a gospel of serious debate and open-forum discussion? Is it
perhaps fear that any attempt to do so would see the pharmaceutical
and medical research companies withdraw in the same way they did from
Moor-Jankowski?
Own Medicine
Both Beth Gould, the publisher of Satya, and myself
are alumni of NYU. The University was generous with me, and now--in
its continual fund-raising letters--expects me to be generous with it.
But it is hard to be generous to a university that treats dissent, particularly
among is own students, with such heavy-handedness; that has to pay the
largest such fine for a university because it employs a man like Ron
Wood whose experiments are immoral and scientifically useless; that
dumps its chimpanzees at a foundation run by a man who calls AIDS "a
silly disease"; and that ultimately thinks that the fundamental moral
questions about our relationship with the other-than-human world and
our responsibilities to our fellow animals are just an unnecessary anxiety
or difficulty.
Ironically, NYU's biggest public relations
disaster could be its biggest opportunity. It could establish meaningful
dialogue on this subject; it could offer ethicists and those outside
the monied cloisters of the scientific community a say in what goes
on in laborataries by establishing impartial and rigorous animal care
committees to make sure someone like Ron Wood never works at NYU again.
It could mandate medical students to take courses in the ethics of animal
experimentation; it could start funneling alumni contributions towards
a scientific foundation for alternatives to animal research. It could
stop experimenting on animals.
What it cannot do, however, is continue to hide.
For Jonathan Weintraub is only one of an increasing number of people
who are demanding not only some accountability for how money is spent
at universities but an end to the increasingly less--but still shamefully--secret
world of experiments on animals.
Martin Rowe
Sources:
New
York Observer, 1/19/98, 2/2/98
Chronicle
of Higher Education, 11/12/97, 1/20/98, 3/13/98
New
York Times, 11/11/97, 11/12/97
Washington
Square News, 4/24/97, 9/30/97, 11/11/97, 11/2/97, 11/25/97, 11/26/97,
1/21/98, 3/3/98
Scientific
American, September 1997