A West Australian university has dropped a major section of its lawsuit against a professor who blew the whistle over questionable international student intake practices, days after it cut ties to a major student recruiting agency.
Murdoch University took court action against associate Professor Gerd Schröder-Turk last year, after he and two colleagues expressed concerns to the ABC’s Four Corners over the welfare of international students.
Dr Schröder-Turk claimed international students recruited via an Indian-owned agency had subpar English and were being set up for failure, with an increasing number unable to pass their classes.
The university refuted the claim at the time, and later sued the mathematics academic for what could potentially be millions of dollars.
The institution alleged he had breached his duty by sharing information with journalists which resulted in an almost 15 per cent drop in international student enrolments.
It filed a counterclaim for damages over a likely blow to its revenue due to the decline in international student intake.
In 2016 Department of Education figures showed Murdoch had the third lowest number of international students enrolled at the institution in the country.
Figures released in 2018 told a similar story, with the university continuing to have the lowest international student intake in the nation, with 2,216 overseas students of 367,659 studying onshore.
Murdoch attempted to remove Dr Schröder-Turk as a staff-elected member of the university senate, prompting him to launch an action in Federal Court.
However, on Monday, and after several developments in the case, Murdoch announced it was “withdrawing the financial component of its counterclaim” against Dr Schroder-Turk.
By Lauren Pilat
January 13, 2020 — 12.05pm
A West Australian university has dropped a major section of its lawsuit against a professor who blew the whistle over questionable international student intake practices, days after it cut ties to a major student recruiting agency.
Murdoch University took court action against associate Professor Gerd Schröder-Turk last year, after he and two colleagues expressed concerns to the ABC’s Four Corners over the welfare of international students.
Murdoch University claims international students numbers are down following the academic's claims.
Murdoch University claims international students numbers are down following the academic's claims.
Photo: Supplied
Dr Schröder-Turk claimed international students recruited via an Indian-owned agency had subpar English and were being set up for failure, with an increasing number unable to pass their classes.
The university refuted the claim at the time, and later sued the mathematics academic for what could potentially be millions of dollars.
The institution alleged he had breached his duty by sharing information with journalists which resulted in an almost 15 per cent drop in international student enrolments.
It filed a counterclaim for damages over a likely blow to its revenue due to the decline in international student intake.
In 2016 Department of Education figures showed Murdoch had the third lowest number of international students enrolled at the institution in the country.
Figures released in 2018 told a similar story, with the university continuing to have the lowest international student intake in the nation, with 2,216 overseas students of 367,659 studying onshore.
Murdoch attempted to remove Dr Schröder-Turk as a staff-elected member of the university senate, prompting him to launch an action in Federal Court.
However, on Monday, and after several developments in the case, Murdoch announced it was “withdrawing the financial component of its counterclaim” against Dr Schroder-Turk.
“The University is keen to bring a conclusion to the legal proceedings commenced by Associate Professor Schröder-Turk and is withdrawing the financial component of the counter claim in the spirit of moving towards a resolution for all parties,” it read.
“The university wishes to make clear that there are important principles at stake and will continue its defence of Associate Professor Schröder-Turk’s legal action.
“We understand the financial component of the counterclaim as part of the university's defence has become a focus of commentary regarding this case, though it is not the central matter at hand.”
According to Murdoch, the central issue was whether Dr Schröder-Turk’s actions had breached his duties as a member of the senate, but the matter did not relate to his employment at the institution.
By Lauren Pilat
January 13, 2020 — 12.05pm
A West Australian university has dropped a major section of its lawsuit against a professor who blew the whistle over questionable international student intake practices, days after it cut ties to a major student recruiting agency.
Murdoch University took court action against associate Professor Gerd Schröder-Turk last year, after he and two colleagues expressed concerns to the ABC’s Four Corners over the welfare of international students.
Murdoch University claims international students numbers are down following the academic's claims.
Murdoch University claims international students numbers are down following the academic's claims.
Photo: Supplied
Dr Schröder-Turk claimed international students recruited via an Indian-owned agency had subpar English and were being set up for failure, with an increasing number unable to pass their classes.
The university refuted the claim at the time, and later sued the mathematics academic for what could potentially be millions of dollars.
The institution alleged he had breached his duty by sharing information with journalists which resulted in an almost 15 per cent drop in international student enrolments.
It filed a counterclaim for damages over a likely blow to its revenue due to the decline in international student intake.
In 2016 Department of Education figures showed Murdoch had the third lowest number of international students enrolled at the institution in the country.
Figures released in 2018 told a similar story, with the university continuing to have the lowest international student intake in the nation, with 2,216 overseas students of 367,659 studying onshore.
Murdoch attempted to remove Dr Schröder-Turk as a staff-elected member of the university senate, prompting him to launch an action in Federal Court.
However, on Monday, and after several developments in the case, Murdoch announced it was “withdrawing the financial component of its counterclaim” against Dr Schroder-Turk.
“The University is keen to bring a conclusion to the legal proceedings commenced by Associate Professor Schröder-Turk and is withdrawing the financial component of the counter claim in the spirit of moving towards a resolution for all parties,” it read.
Murdoch University Associate Professor Gerd Schroder-Turk.
Murdoch University Associate Professor Gerd Schroder-Turk.
Photo: Change.org
“The university wishes to make clear that there are important principles at stake and will continue its defence of Associate Professor Schröder-Turk’s legal action.
“We understand the financial component of the counterclaim as part of the university's defence has become a focus of commentary regarding this case, though it is not the central matter at hand.”
According to Murdoch, the central issue was whether Dr Schröder-Turk’s actions had breached his duties as a member of the senate, but the matter did not relate to his employment at the institution.
“The university maintains that all members of senate must uphold their duties,” the statement read.
“In doing so, there is a requirement as both a matter of law and a matter of principle that members of the senate must at all times act in the best interests of the university and not use their position to cause detriment to the university.”
The announcement came after Murdoch reportedly on Friday confirmed it had terminated its contract with Overseas Education and Career Consultants, a major recruiter of Indian students.
The termination followed international media reports that OECC had been accused of fraud by Indian authorities on the guise of sending students abroad.
A Murdoch spokesman told WAtoday the decision to terminate its contract with OECC was made late 2019 as part of its continuous review process.
By Lauren Pilat
January 13, 2020 — 12.05pm
A West Australian university has dropped a major section of its lawsuit against a professor who blew the whistle over questionable international student intake practices, days after it cut ties to a major student recruiting agency.
Murdoch University took court action against associate Professor Gerd Schröder-Turk last year, after he and two colleagues expressed concerns to the ABC’s Four Corners over the welfare of international students.
Murdoch University claims international students numbers are down following the academic's claims.
Murdoch University claims international students numbers are down following the academic's claims.
Photo: Supplied
Dr Schröder-Turk claimed international students recruited via an Indian-owned agency had subpar English and were being set up for failure, with an increasing number unable to pass their classes.
The university refuted the claim at the time, and later sued the mathematics academic for what could potentially be millions of dollars.
The institution alleged he had breached his duty by sharing information with journalists which resulted in an almost 15 per cent drop in international student enrolments.
It filed a counterclaim for damages over a likely blow to its revenue due to the decline in international student intake.
In 2016 Department of Education figures showed Murdoch had the third lowest number of international students enrolled at the institution in the country.
Figures released in 2018 told a similar story, with the university continuing to have the lowest international student intake in the nation, with 2,216 overseas students of 367,659 studying onshore.
Murdoch attempted to remove Dr Schröder-Turk as a staff-elected member of the university senate, prompting him to launch an action in Federal Court.
However, on Monday, and after several developments in the case, Murdoch announced it was “withdrawing the financial component of its counterclaim” against Dr Schroder-Turk.
“The University is keen to bring a conclusion to the legal proceedings commenced by Associate Professor Schröder-Turk and is withdrawing the financial component of the counter claim in the spirit of moving towards a resolution for all parties,” it read.
Murdoch University Associate Professor Gerd Schroder-Turk.
Murdoch University Associate Professor Gerd Schroder-Turk.
Photo: Change.org
“The university wishes to make clear that there are important principles at stake and will continue its defence of Associate Professor Schröder-Turk’s legal action.
“We understand the financial component of the counterclaim as part of the university's defence has become a focus of commentary regarding this case, though it is not the central matter at hand.”
According to Murdoch, the central issue was whether Dr Schröder-Turk’s actions had breached his duties as a member of the senate, but the matter did not relate to his employment at the institution.
“The university maintains that all members of senate must uphold their duties,” the statement read.
“In doing so, there is a requirement as both a matter of law and a matter of principle that members of the senate must at all times act in the best interests of the university and not use their position to cause detriment to the university.”
The announcement came after Murdoch reportedly on Friday confirmed it had terminated its contract with Overseas Education and Career Consultants, a major recruiter of Indian students.
The termination followed international media reports that OECC had been accused of fraud by Indian authorities on the guise of sending students abroad.
A Murdoch spokesman told WAtoday the decision to terminate its contract with OECC was made late 2019 as part of its continuous review process.
“The termination required a review of contracts and other procedures which culminated in Murdoch University writing to OECC on January 10, 2020 to confirm the decision,” he said.
“Murdoch University engaged OECC in 2017. All our agents, policies and procedures are reviewed regularly, as part of our continuous improvement process.”
Murdoch has seen backlash from the tertiary community over the impact the legal action could have on academic freedom of speech.
Some of the nation’s most prestigious academics from the Australian Research Council Laureate Fellowship condemned the court proceedings last year, with about 60 signing an open letter to the university’s vice chancellor expressing their “deep concern” about pursuing legal action.
“It is a long-established principle of academic freedom that academics must be able to criticise university governance,” the letter read.
“This right is especially important where aspects of university governance might compromise the integrity of teaching and research.”
However, Murdoch denied the legal proceedings were not about “academic freedom” but “simply senate governance”.
“Murdoch University is committed to freedom of expression and will always provide an environment for students and staff to speak freely,” the statement read. “This is a longstanding and fundamental commitment which is an integral part of our university.”
Dr Schröder-Turk said he was “greatly relieved” by the university’s decision because the counterclaim had caused him and his “young family a great deal of unnecessary stress”.
“I wish to express my gratitude to all who have supported me over the last few very trying months, including the NTEU (National Tertiary Education Union) and everyone who has gotten behind their #IStandwithGerd” campaign,” he said.
“I have always acted in the best interest of the university, its students and its staff, and have done so in very difficult circumstances. However my concerns about the welfare of students remain.”
Maurice Blackburn Principal Josh Bornstein, who represents Dr Schroeder-Turk, welcomed the decision, saying it was a “ridiculous and baseless legal claim against a whistleblower by a major institution”.
“It should never have been pursued in the first place. Murdoch University’s claim for millions of dollars in damages was an unprecedented attack on a whistleblower in this country. The university clearly intended to try and frighten my client and any other staff member wanting it speak up about maladministration.”
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