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‘The state threw them to the wolves’: Health department struggles to manage massive medical marijuana program

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‘The state threw them to the wolves': Health department struggles to manage massive medical marijuana program

Behind closed doors, Mississippi's eight-person medical office is struggling against its workload.

The Health Department office charged by the with running Mississippi's new medical marijuana program is steeped in disorganization: agents rarely visit cultivation sites, application backlogs reach hundreds deep, and lags in communication with licensees often stretch on for weeks, a Mississippi Today investigation found.

Business owners feel frustrated, unheard and worried that the millions of dollars they invested — and the tens of thousands they paid in fees to the state — could go up in smoke.

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“The state threw them to the wolves,” cultivator Joel Harper said of the fledgling marijuana office. “They should have paid the money to bring in professionals, even a third-party consultant. Instead, they're sending people out into the cannabis world who have no idea about anything cannabis.”

At the center is a handful of workers, tasked with unrolling a massive program without enough staffing to operate efficiently. Cultivators say when they do hear back from the office, the messages are incomplete or inconsistent – especially when it to how they construct their farming facilities.

And that's if they hear back at all. The office already has mountains of unprocessed paperwork.

As of the second week of January, 277 work permit applications sat in a queue waiting to be processed, according to copies of the office's records obtained by Mississippi Today. Could-be cannabis workers can't start their without permits. Another 995 patients had yet to to be told whether or not they've been approved for their dispensary cards.

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Three dozen businesses had their own applications stuck, along with almost 40 other medical practitioners, the records show.

In a statement to Mississippi Today, department of health spokesperson Liz Sharlot acknowledged the backlogs.

“We are working with the MMCP (Mississippi Medical Cannabis Program) Licensing Director and the team on how to put more efficient processes in place,” she said.

Even when the office hired new workers – growing from four to eight in recent months – little was done to train them on the law and the industry, an employee of the health department told Mississippi Today. The employee spoke on the of anonymity out of fear of repercussions.

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The health department said in October, when Mississippi Today first reported the backlogs, it was working to fill 25 more positions. That has yet to happen.

The health department worker said much of the disorganization stems from the office's former director Kris Jones Adcock.

The Department of Health did not answer questions related to plans to increase staffing levels or what medical marijuana-related training their current staffers received.

“The people of Mississippi deserve better,” the worker said.

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A Mockingbird Cannabis employee sorts through medical marijuana at the facility in Raymond, Miss., January 20, 2023.

During one five-week period, Adcock held three jobs simultaneously within the health department: the cannabis role, the head of a domestic violence office, and a promotion to a department-wide role as assistant senior deputy.

The health department didn't respond to questions about the effects managing three positions may have had on her ability to the cannabis office. Adcock now holds only one department-wide role: Assistant Senior Deputy to the Senior Deputy.

Adcock announced two weeks ago that the office's attorney, Laura Goodson, would be the acting director.

The health department employee also said Adcock set a tone of rushed processes and absentee leadership that has left the marijuana office in clean-up mode.

“There was no due diligence on some of the applications,” the worker said. “Some of it was her knee-jerk reaction to get stuff out the door after it (the backlog) built up. Instead of an orderly process, it was just rushed.”

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Emails obtained by Mississippi Today show that it wasn't just cultivators struggling to hear back. The head of a lab testing facility also expressed frustration.

“The complete lack of communication is just not feasible any longer,” Rapid Analytics director Jeff Keller wrote to Adcock on Dec. 16. “I am begging you to please just name the time on Monday and I will make it work.”

A month later, one of Keller's employees sent his own desperate plea to the office.

“I'm trying to find out when I'll be able to start working there,” he wrote about his job at the lab. “My background check was cleared on December 15th … I've left multiple messages but have not received a response.”

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The of test facility Steep Hill, Cliff Osbon, sent his own email on Jan. 13 on behalf of four employees who still needed their work permits so they could begin work and the lab could start testing marijuana.

Neither testing lab responded to Mississippi Today's request for a comment.

Zack Wilson, a micro-grower in Potts Camp, said he had a worker waiting more than two weeks on a work permit.

“You send an email. Wait two weeks. Email again,” Wilson said. “You just sit and wait. I know they're short staffed, but come on guys.”

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Joel Harper, owner and founder of Pharm Grown, inspects marijuana plants at his facility in Como, Miss., Monday, January 23, 2023.

Cultivators say unanswered questions have led to a murky-at-best understanding of how some of the regulations are being interpreted and enforced.

That's bubbled up with the use of so-called “adapted greenhouses,” putting already competitive cultivators more at odds. The regulations call for no outdoor growing, a solid roof, permanent walls and slab foundations.

In the early days after the law was passed, Harper, the head of Como-based Pharm Grown Canna Company, said officials made it clear to industry hopefuls that greenhouses would not be approved as growing facilities. So he, like many others, invested money in renovating a large warehouse that would rely on artificial lights.

In the last few months, he's noticed much cheaper greenhouse-style structures popping up with the health department's approval.

Harper and others who followed the bill's creation closely say greenhouses go against the spirit of what legislators intended.

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The debate comes down to word definitions that aren't spelled out in the law itself. If the bill doesn't allow any “outdoor” growing, that should mean the structure can't utilize the sun, some argue. The greenhouses have clear-plastic roofs to use a mix of sun and artificial light. If the facility needs to have a solid and secure roof, clear plastic shouldn't be permitted, according to some interpretations.

Cultivators like Wilson don't see it that way.

“The roof certainly isn't made of liquid or gas,” he said. “Plastic is a solid.”

Wilson said his site plan, including the materials he was using, were all approved by the health department when he handed in his application. He was given his cultivation license in August, according to public records.

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Another cultivator, Jason McDonald, is building his own greenhouse under the company name SADUJA. He received his license on Dec. 22. He said his roof is two layers of clear plastic. He has screened-in shutter windows, a cement foundation and plumbing. McDonald runs a tea farm. He's used to meeting regulations and dealing with bureaucracy and hopes to start growing marijuana by the end of the month.

Mississippi Today also obtained documents Adcock signed off on the site plan, including a hand-drawing where the facility was labeled “greenhouse.”

“I emailed them and asked: ‘Will this greenhouse we're planning to build meet regs?” McDonald recalled. “They came back and said: ‘you need to read the regulations' so, I quoted the regulations and said ‘what's the ruling on this?' and they said ‘you need to read the regulations.' I added the specific subsection, and then never got an answer back.”

The word greenhouse, he said, can summon something different depending on the cultivator. He, like others, agrees Mockingbird Cannabis should have been cited for its greenhouse that was under scrutiny in the fall because it had roll-up sides, not permanent walls.

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Mockingbird also built a massive state-of-the-art warehouse as its main cultivation site.

“I will tell you we haven't done anything we didn't disclose to the Department of Health and in our application,” Mockingbird CEO Clint Patterson told Mississippi Today in October.

Harper and other warehouse operators don't blame the small businesses for building greenhouses — they're cheaper to construct and run, leading to significantly higher profit margins. They blame the state for approving them.

“We want them to succeed,” Harper said of greenhouse growers. “We just want them to do it in the way everybody else had to.”

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The leading authors behind the bill that created the medical marijuana program could not be reached by Mississippi Today after repeated requests for comment. Rep. Lee Yancey said in the fall that it was the health department's job to interpret the rules, and if the statutes were not clear enough, it would be addressed in the Legislature.

Sharlot, the health department spokesperson, said it did not approve a model for greenhouses and pointed to the “regulations that specify the physical requirements for a cultivation facility.”

“The MSDH met and continues to meet its statutory requirements as it did with the aggressive timelines in creating the MMCP,” she said.

A Mockingbird Cannabis tends to the “mother” medical marijuana plants at Mockingbird Cannabis in Raymond, Miss., January 20, 2023. These plants are used for create clones, which are cut from the “mother” plant and grow into plants themselves.

On Jan. 11, Adcock brought her recommended changes to cannabis regulations before the board of health hoping for the members' swift approval.

Public commenting regarding updates to the regulations were open for less than a week, ending the day before Christmas Eve. It got about 150 comments, Adcock told the board.

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The end result was a thick stack of paper delivered to each board member fewer than two days before the meeting.

“To get 1,000 pages, less than 48 hours before our meeting, it's almost impossible to to know what we're really doing,” said Jim Perry, the head of the board's cannabis committee.

Adcock's proposed changes covered everything from batch sizes for testing to whether a cultivation license could more than one growing space under a single license.

During the meeting, Perry said he wasn't comfortable with passing changes without time to review them and ask questions. State Health Officer Dr. Daniel Edney apologized to the board for the ream of paper and the lack of notice. He promised it wouldn't happen again.

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“Cannabis is special and unique and needs to be heavily vetted,” Edney said at the meeting.

Adcock went over some of the regulation changes she said were the most “emergent,” but ultimately the board chose not to act.

the meeting, Perry told a Mississippi Today reporter the committee process was created so “we can hear from people and be able to make well-informed and not rushed decisions.”

A committee meeting about the regulations has been scheduled for Jan. 26 at 3 p.m.

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Marijuana plants are in place at Pharm Grown in Como, Miss., Monday, January 23, 2023.

With the constant flood of applicants, strapped-for-time staffers aren't making regular site visits, according to cultivators and those with inside knowledge of the office. That means growers can get their provisional four-month licenses extended, begin growing, finish batches and have them tested and sent to market without having ever met an agent in person.

Onsite visits are required for a renewal of a license, but not for moving a provisional license to a permanent one, according to the health department. When asked about the frequency of agent visits, Sharlot emphasized that the office is remotely monitoring all cultivators with the seed-to-sale tracking program.

Meanwhile, the 163 licensed dispensaries are eying the number of patients – Sharlot said 1,732 as of Monday – who have licenses to purchase medical cannabis. They're worried it won't be enough to sustain a business after months paying rent without revenue.

The department of health worker who spoke to Mississippi Today said whenever they make a dent in the patient queue, it doesn't take long to climb back over 1,000.

The health department says it has licensed a total of 73 cultivators; 12 processors; four waste disposal companies; nine transportation companies; three testing labs; 151 medical practitioners; and 975 workers with permits.

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It's a constant battle to keep up.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Mississippi Today

Remembering ‘The Gunslinger’ of college football, Archie Cooley

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Archie Cooley, center, with Jerry Rice, left, and Willie Totten when they were honored at Mississippi Valley at an function in recent years. ( courtesy of MVSU)

Archie “The Gunslinger” Cooley, the most unconventional of football coaches, has died at the age of 84, and, frankly, I don't even know how to begin to describe him.

So let's begin like this: There will never be another one. Cooley, which is how he referred to himself so often in the third person, was an original. In the mid-1980s, in Mississippi, he wrestled the college football spotlight away from , Mississippi State, Southern Miss and Jackson State, his alma mater, and shined it ever so brightly on Mississippi Valley State.

Rick Cleveland

He was a writer's dream. Need a column? Call Cooley. He always delivered. He wore a cowboy hat, usually with a feather in it, and that hat covered a brain that was years and years ahead of all others when it came to offensive football.

Back when most college football teams were running “three-yards-and-cloud-of-dust” offenses, Cooley's MVSU Delta Devils were spreading the field, never huddling, and throwing the ball on every down and then throwing it some more. The stuff you see big-time college and NFL offenses doing now, he was doing then.

The only thing the Valley Delta Devils had more of than passing plays were nicknames. Cooley was The Gunslinger. Jerry Rice was World, short for All World. Willie Totten, the quarterback, was Satellite. The offense was The Satellite Express. The offensive line was known as Tons of Fun. Vincent Brown, the great linebacker, was The Undertaker. Together, they were a blast.

The first time I saw then in person was Sept. 24, 1984, when they came to Jackson to play one of W.C. Gorden's terrific Jackson State teams. Valley had scored 86 points in its opener and 77 points in its second . Rice was catching about 20 passes and four touchdowns a game. Totten's passing stats were so gaudy that the NCAA chief statistician accused Valley sports information director Chuck Prophet of making them up. Prophet sent the NCAA the game films and said, “Correct me if I'm wrong.” He wasn't.

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So Valley came to Jackson, drawing a crowd of more than 50,000, and on the first offensive play, the Devils flanked four wide receivers in single file to the left side and one wide receiver, the one wearing jersey number 88, to the far right. No. 88 was Jerry Rice and Jackson State had only one defensive back to cover him.

Well, you know what happened next. Rice ran right past the defender, Totten lofted a pass down the field, which Rice caught and gracefully ran to the end zone a good 10 yards ahead of the defender.

Valley won 49-32. During the game's final minutes, Cooley paraded up and down the Valley sideline, waving a green and white Valley banner. Valley had not defeated JSU in 30 years. Afterwards, he led the Valley players in a victory lap around the Memorial Stadium. “We've done the impossible!” Cooley, a former Jackson State All American center and linebacker, shouted.

“Now I know how they've been feeling for the last 30 years,” Cooley said, and he said a lot more.

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“Jackson State said they had to score 30 points to win,” he said. “Ha! They would have had to score 50 because we scored 49. I'm gonna now because they have to live with it for a year.”

Cooley could ever more talk. He could brag and he could back it up. He was from the old Dizzy Dean school of boasters: “It ain't braggin' if you can do it.”

Cooley could do it and did.

He was a Laurel native, a graduate of tradition-rich Oak Park High School, also the alma mater of such famous as Olympic long jumping champion Ralph Boston and world renowned opera soprano Leontyne Price. Cooley grew up with next to nothing. “A lot of times, growing up, I'd open the refrigerator for something to eat, and the only thing in there was ,” Cooley told me. “So, I'd drink a glass of water and go out and play football.”

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He played center and linebacker at Jackson State. He was a defensive coordinator for years at Tennessee State before taking the job at Valley. He said all those years as a defensive coach, he kept a notebook of plays other teams used that he knew he wanted to use when he became a head coach. Clearly, most were passing plays.

And, yes, it helped to have a receiver like Rice and a quarterback like Totten, both now in the College Football Hall of Fame. But Cooley called the shots and he brought the cameras and microphones to Itta Bena, which is Choctaw for “Home in the Woods.” I remember trying to give driving directions from Jackson to Itta Bena to a reporter from The New York Times. He said I lost him at “turn right at the cotton gin.”

That 1984 Valley team was undefeated at the same time SWAC rival Alcorn State was undefeated through mid-October. They were to play in November in Itta Bena. A young Jackson sports columnist – this one – wrote a column that the game should be moved to Jackson where 50,000 more people could see it. So, they moved it to Jackson and played it on a Sunday. More than 64,000 people attended, which made it the biggest pay day in the history of either school. Marino Casem's Alcorn State Braves won 42-28 in a game never to be forgotten by anyone who was there.

Cooley would leave MVSU after the 1986 season and go on to coach at Arkansas Pine Bluff, Norfolk State and Paul Quinn College in Dallas. His teams never again rose to the prominence of those Valley teams when CBS, NBC, ABC, The New York Times and Sports Illustrated all found their way to Itta Bena, where they told the story of the highest scoring college football team in history and their leader, the self-proclaimed Gunslinger.

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This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

Legislative panels will consider restoring some Mississippians’ voting rights

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mississippitoday.org – Taylor Vance – 2024-04-19 13:56:14

The two legislative committee leaders responsible for criminal justice measures say they will move bills forward to restore suffrage for individuals, raising the prospect that some will have their rights restored. 

House and Senate Judiciary B Chairmen Kevin Horan and Joey Fillingane announced Friday that they will have hearings on Monday to consider the suffrage bills. 

The House earlier in the passed a substantial restoration bill that would have automatically restored suffrage to people convicted of nonviolent felony offenses, but Senate Constitution Chairwoman Angela Burks Hill killed it without bringing it up for debate.

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Lawmakers, however, can still consider individual bills to restore suffrage to people who have been convicted of disenfranchising felony offenses, though only a small number of those bills typically survive the legislation process.

Horan, a Republican from Grenada, said the House will not restore suffrage to people convicted of violent offenses or those previously convicted of embezzling public money. Additionally, Horan said people must have completed the terms of their sentence and not have been convicted of another felony offense for at least five years to be considered. 

Fillingane, a Republican from Sumrall, said the Senate also will likely only restore voting rights to people previously convicted of nonviolent felony offenses – not violent crimes such as murder or rape. 

The Lamar County lawmaker also said the amount of time after someone has completed their sentencing terms is not a major factor in his decision to advance a suffrage bill out of committee or not. 

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“The further out the better, but the time since completing the sentence doesn't really matter,” Fillingane said. 

Under the Mississippi Constitution, people convicted of any of 10 felonies — including perjury, arson and bigamy — lose their voting rights for life. Opinions from the 's Office have since expanded the list of disenfranchising felonies to 23.

READ MORE: ‘If you can't vote, you're nobody:' Lawmakers hear from rehabilitated felons who still can't exercise right

About 55,000 names are on the Secretary of State's voter disenfranchisement list as of March 19. The list, provided to through a public request, goes back to 1992 for felony convictions in state court. 

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The state constitution gives lawmakers the power to restore suffrage to citizens, but the process is burdensome. It requires two-thirds of lawmakers in both legislative chambers to vote in favor of restoring suffrage in individual cases. 

“We have a process in the that helps to restore individuals' voting rights, but it is a terrible process,” Democratic Rep. Zakiya Summers of said on Wednesday. “And it's a cumbersome process. And there really is no easy way to navigate it.” 

The Legislature last year did not pass any suffrage restoration bills, but a willingness from both of the relevant committee chairs to push some of the bills forward could mean lawmakers will approve some bills this year.

Lawmakers have until the final days of the session to vote on suffrage bills, and legislators are coming to the end of their regular session, but it's unclear when they will adjourn. 

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Legislators still have major items they can consider, expansion legislation, addressing the public retirement system and rewriting the public K-12 formula. 

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

Look for the “why” when engaging in disagreement

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“Bought sense is better than borrowed sense” lives in my memory, rent-. I've always cringed at it because, at every stage of life, some lessons have been costly to learn.

At the Alluvial Collective, we show up to the office, on the screen, or in a community with one overarching : to create or deepen the connections that will collective thriving. That is our “For what.” We get to show up with wisdom purchased over our organization's last 25 years of work and with wisdom borrowed from many generations and traditions. In most traditions, self-reflection and stories reveal the path to where we should go and how we should travel.

As you engage in the National of Conversation, here are a couple of stories and a few thoughts to you show up for each other, our communities, and our country.

What Do You Need

The first story emerges from a book called “Getting To Yes,” about negotiating.

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Two people were arguing over an orange, and after some time, they decided to split it in half, feeling that equal parts were fair, like in elementary school. Before splitting the orange, they never asked each other the reason the other wanted it. As it turns out, one wanted the orange peel to flavor a cake, and the other wanted the orange's “meat” to eat.

In another story, an arriving house guest is deeply offended by their host's demand that they remove their shoes upon entering their family home. The visit goes off the rails and probably off the porch, too.

Each of these stories reminds you of tensions and dilemmas that are all too familiar in our families, towns, and – for me – our leadership discourse.  We have notions about what the other person, or people, want, but at critical points, we need more humanizing insight into what makes it essential to them.

The Cost of Wisdom

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In the second story, the home's foyer had a large rug on its floor that had been in the family for generations. Understanding that, I would have offered to remove my shoes.

We benefit from being curious about the interests, the “for what” the other person engages with, rather than just the “what” or their position. It may seem inefficient, but it pales compared to the value curiosity brings to relationships. Good relationships are win-win; our team leans on telling and hearing stories to build relationships. They are the wellspring of “for whats” and “whys.”

The truthful stories that your neighbor or coworker tells to you and themselves comprise reality as they see it.  Your stories teach your in-laws and teammates history from your the learned or experienced vantage point. Dialogue and stories make our actions and attitudes make sense.  This is where trust begins to form.

Dialogue over Debates and Diatribes.

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As you begin your week, remember that how we engage matters as much as why. Diatribes and speeches don't make us good neighbors, and debates require someone to lose. We like authentic connections and hearing familiar themes in the stories of others. This week, open and honest dialogue is the strategy; to thrive together should always be the goal. We've paid too much for everything else.

Talk more; proclaim less. It's one of our mottos here at The Center for Practical Ethics (TCPE). Put another way, we might say our goal is to foster conversations rather than diatribes. This task is more difficult than most realize. What we know as ethicists is that merely having conversations isn't enough. There's a wide variety of skills needed for fruitful dialogue to take place, and some are harder to by than others.

The ideal conversation partner is curious and humble, able to actively listen, knowledgeable about his or her own positions, familiar with basic principles of logical argument, charitable when interpreting claims, and—most importantly—willing to be wrong. Our work centers around equipping students with these skills and helping them navigate the complex ethical issues within our society's most contentious disagreements.

This year, National Week of Conversations (NWoC) coincided with Ethics Week here at the of Mississippi (UM). Many of our are conversation-based because dialogue is the best way to evaluate the ideas of others and open ourselves up to new information and interpretation of facts, while gaining a better understanding of our own views.

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Two of our events in particular are worth examining more closely to see why NWoC and the work we do at TCPE are critical for sustaining civil society and the myriad public goods we all take for granted. First is our signature Just Conversations . Students are placed in small groups and given a couple of ethical dilemmas to discuss. Trained student moderators guide the discussion to point out important aspects of the dilemmas, such as logical fallacies, analysis of stakeholders, ethical concepts and assumptions, and varying methods to achieve goals. Students often discover they agree with others—on the dilemma outcome and the details—far more than they expected.

Second, we have invited free speech scholar Sigal Ben-Porath to give a talk about her new book Cancel Wars: How Universities Can Foster Free Speech, Promote Inclusion, and Renew Democracy. Ben-Porath contends that universities are laboratories of democracy where students must learn to engage with disagreement. If the university is to be a place where truth is discovered, it must take seriously its historic social and educational obligation to train students in the skills needed for civil discourse and critical thinking. Her work is especially relevant in our ever more polarized times.

What these events demonstrate is that conversations—that is, engaged and fruitful conversations—must take place at all levels. Students must learn to talk to students just as much as faculty must learn to talk to faculty and administrators to administrators. What's more, these groups must talk to each other because while each of us have a role within academia (faculty, staff, student, dean, vice chancellor, etc.), we are also all citizens who work and live together.

Policies must be made, votes cast, businesses founded, churches attended, friendships established, and life lived. TCPE focuses on the skills of civil discourse by providing opportunities to cultivate those skills through Ethics Week, and highlights conversations that ask us to reflect on the role of universities as part of the NWoC.

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Join us at Noon on Friday, April 19 for a VIRTUAL lunch and learn session exploring tools to make us better listeners, and in turn, better equipped to engage in meaningful conversations across differences.

The session will be led by Dr. Graham Bodie, professor and Interim Chair of the Department of Media and Communication in the School of Journalism and New Media at the University of Mississippi.

This event is free and open to the public. Register to receive more information.

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This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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