Yaqzan, Matan, affair

Date: November, 1993—January, 1995

Place: Fredericton, New Brunswick, Canada

Significance: A national cause célèbre in Canada, this attempt to discipline a tenured university professor for expressing unpopular opinions challenged basic principles of free speech and academic freedom

On November 7, 1993, Matan Yaqzan, a mathematics professor with twenty-six years teaching experience at the University of New Brunswick, wrote an opinion piece titled “The Male Nature” for the student newspaper. Asserting that young men cannot control their sexual desires, he claimed that sexual intercourse is a “necessity” for them. He then argued that young women who are sexually experienced do not suffer as much from forced sexual encounters with young men—“so-called date rape”—as young virgins. “When a boy invites a girl to his bedroom,” he stated, “she should consider it as an invitation for sexual intercourse.” Finally, he asserted that “girls who use the word ’rape’ to describe their dislike of a particular encounter in their endless sexual experiences, do a disservice to those who abide by the old traditions.”

Yaqzan’s article provoked instant protests from students, women’s groups, parents, and some faculty. Complaining that he condoned date rape, many people demanded that he be fired and some students said that they would feel uncomfortable attending his classes. The university suspended Yaqzan on November 12, ordering him off the campus and calling for a full review of his academic performance and professional responsibilities before deciding on permanent actions. The university’s president announced his concern about the “negative and incorrect impression of [the university] created by Yaqzan’s article.” In a widely reprinted article, he wrote that “free speech does not equal irresponsible speech. Prof. Yaqzan has abused his position by excusing and encouraging behavior that is not only unacceptable by standards of human decency but also subject to criminal charges.”

Newspaper columnists and television commentators across Canada soon took up Yaqzan’s story. Many argued that university authorities had overstepped themselves in punishing Yaqzan because academic freedom should allow even the expression of unpopular or repugnant views. The university’s faculty association demanded that Yaqzan’s suspension should be lifted and the university complied on November 20. In a joint statement with the faculty association, the university claimed that Yaqzan’s suspension had not been intended as a disciplinary action, but as “a cooling-off period so that public safety and an orderly academic environment on campus could be maintained.” The university reassigned Yaqzan’s duties, however, and Yaqzan never returned to the classroom. The university also announced that it would convene a major conference to discuss issues of principle that arise when basic rights collide.

Meanwhile, rumors that Yaqzan was under pressure to resign circulated until January 1, 1994, when he took an early retirement. He reportedly was to receive his full salary for three years, followed by a pension. On learning of Yaqzan’s retirement, a students’ association officer said that Yaqzan’s departure would “make for a safer learning environment.”

The university’s conference met on September 28, 1994. Its key speakers included the chief counsel for the Canadian Civil Liberties Association, Allan Borovoy, who called the university’s handling of Yaqzan’s punishment “repugnant.” Calling a university campus, “a community of adults who are looking for truth,” Borovoy said that opinions such as those expressed by Yaqzan “must receive not employment sanctions, but verbal and written debate. . . . That is what the university is about.”