Law professor and pro-life advocate Dr Joanna Howe has secured a win for free speech and academic freedom, after she successfully lodged a stop-bullying application against her employer, the University of Adelaide.

HRLA assisted Dr Howe as she lodged the application and challenged the university’s directive to undergo a re-education course.

Dr Howe has been researching the topic of abortion in Australia since 2017, including “its different methods, the regulation and incidence of sex-selective abortion, the regulation and incidence of abortion after viability – known as late-term abortion – and the regulation and incidence of babies born alive after an abortion”.

It was research into this issue and her expanded social media presence that resulted in countless personal attacks made against her, with activists releasing her place of work and family. In addition there were numerous complaints made against her to the University of Adelaide.

Over a period of over four-and-a-half years, Dr Howe was subject to six investigations launched by the university in response to complaints about her abortion research. Despite being cleared in every investigation, she was subjected to a final corrective action requiring her to complete a research integrity course – the aim of which was to provide her with education about “how not to do biased research”. Dr Howe vehemently opposed this directive, arguing it infringed upon her academic freedom.

With assistance from HRLA, Dr Howe challenged the decision. In a significant development, the Fair Work Commission conciliation process resulted in an agreement that Dr Howe would not be required to comply with the corrective action, marking what she sees as a crucial win for academic freedom.

However, the struggle has come at a significant personal and financial cost, with Dr Howe incurring nearly $100,000 in legal fees.

Dr Howe noted that while the outcome represented a significant victory for academic freedom, “it’s a fight I never should have had to take on. No one should have to go through what I have been through just to fight for the freedom to research and speak. It should not have taken me six months … and nearly $100,000 in legal costs to clear my name”.

Dr Howe has since written to Universities Australia chairman, David Lloyd, arguing that “universities should apply a common standard allowing them to ‘automatically’ dismiss bad faith or vexatious complaints”.

She says “universities should consider the reality of ‘differing views in relation to controversial research topics’ and ‘whether the complaint has been brought with an ulterior motive and not in good faith by reason of these different views.’”

Dr Howe is grateful for the assistance she received from HRLA in launching her legal action.

Following the ruling, Dr Howe said:

I was really grateful for HRLA's support in navigating the investigation and the internal appeals within the University. When I found out I was being investigated on 24 January this year, the first person I reached out to was John Steenhoff, having met him the year before at the HRLA academy for law students. John was a tremendous support in helping me write my response to the investigation and appeal letters to the decision imposing corrective actions. The professionalism of the firm and wise guidance meant that I was in a strong position for when I took the case to the Fair Work Commission. I'm overjoyed to have now won my case at conciliation and to be able to use this win to fight for stronger academic freedom protection in the higher education sector.

You can support Dr Howe and sign her petition to Universities Australia at her website here.