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Director with a master's from BU sues school for refusing to change the name of his degree - and for using his likeness on a promotional banner without his permission

Part of Dowdell poster showing him as an MFA recipient even though he still officially isn't

From the complaint: Part of the offending poster, showing the MFA designation BU won't give him.

Director Rel Dowdell yesterday sued Boston University because it won't change the official name of the degree he got in 1999 from master of science to master of fine arts.

In his suit, filed in US District Court in Boston, Dowdell also charges BU exploited him because of his race and accomplishments by using his likeness on a poster promoting the school's College of Communications master of fine arts program in film and television studies without his permission - itself a violation of state law.

He alleges he was the only Black used in a series of such promotional banners and he says the school never asked him for his permission. And the banner claims he graduated with a master of fine arts even though BU continues to refuse to formally change his degree from master of science in film arts and production to master of fine arts in film arts and production, he charges.

Dowdell explains why the distinction is important: A master of science implies the recipient is not yet finished with his studies, that there is still a PhD he could get, while a master of fine arts is a "terminal" degree, only awarded to somebody at the very top of his field, with nothing left to prove.

A "terminal" degree, such as a Master of Fine Arts, is a degree that requires no further study or degrees in order for the holder to be deemed an expert in their field. Terminal degrees are the highest level of education a person can achieve in a particular field to be considered and compensated as an expert in their field. A terminal degree means the holder has achieved the pinnacle of academic study in a specific field by means of tenacity, dedication, and a high level of commitment. ... The distinction is critical for employment purposes because it impacts compensation and decisions involving senior leadership positions, particularly at institutions of higher learning.

Dowdell's complaint says that he and several of his pre-2000 alumni began asking the university to formally change their degree title. In 2000, he says, the university changed the program from an MS to an MFA, even though the requirements were the same. But he said they were held off by the school legal department - even as the College of Communications was promoting its film and TV MFA program via posters commemorating notable alumni in a College of Communications hallway:

For approximately a year, Mr. Dowdell's image and credentials were visibly shown on this poster for thousands to see every day, even though during this exact timeframe, Boston University's Legal department refused to change the name of his degree and refused to allow Mr. Dowdell to present his request for the name of his degree to be changed to the Boston University Board of Trustees.

He said BU never asked his permission to use his likeness and information and that he only learned of the poster when a BU student contacted him via social media last year and told him she had seen his profile on the poster.

Boston University's blatant and insensitive misappropriation and unauthorized use of Mr. Dowdell's name, image, and likeness without Mr. Dowdell's permission or knowledge, while at the same time stating he held a Master of Fine Arts prominently displayed for thousands to see every day, but fully neglecting Mr. Dowdell's numerous requests for the name of his degree to be changed to Master of Fine Arts was cruel, self-serving, and very injurious beyond measure to Mr. Dowdell. The egregious actions by Boston University were unbeknownst to Mr. Dowdell and were clearly used in order to promote diversity and equity for minority students in regard to achievement in Boston University's College of Communication, knowing as Boston University did that Mr. Dowdell was the only African-American male displayed in their advertising presentation.

Dowdell is seeking a court order requiring BU to officially change his degree's name plus damages times three and attorney's fees.

Complete complaint (1.2M PDF).


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Comments

Why didn't he choose a school that issued MFA's at the time?

Why is it bad to promote diversity?

Does the school have a policy about using photos of students or former students in publicity, with an option to opt out? What is the general legal principle about businesses using customer likenesses in publicity without explicit consent?

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It seems to me that either he has an M.F.A., or he doesn't.

If he does, BU should amend its records to say so. If he doesn't, they shouldn't advertise that he earned an M.F.A. from them.

It also seems to me that they're going to waste more time and money on this lawsuit than making that change would have taken.

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If you're going to use the guy in the ad, it should accurately reflect his time at the school. How silly. Seems like they totally missed a chance to just resolve all of it amicably.

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that if you're going to use someone's image, name, and quote in your ad, you should probably check with them to make sure they don't mind.

(yes, you may not legally have to, but doing so would help avoid embarrassing lawsuits like this)

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In general terms, when you apply and accept admission to a university, there's usually something in the fine print that you consent to use of your image in general news/publicity of the school. I'm not sure how far that extends to use of your name.

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But even so, it would still make sense to ask first, just to make sure there aren't any long-standing complaints that the person has with the school, etc etc.

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I've never seen a mandatory release-of-name-and-likeness -- it has always been a separate box you can check.

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Can someone here think of a reason BU's legal department would balk on changing the degree name? Is there some accreditation restriction?

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From the headline, I thought Dowdell was objecting either to the race|class or gender implications of the word "master".

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In 2000, he says, the university changed the program from an MS to an MFA, even though the requirements were the same.

I'd like to learn more about this. If it was a non-terminal degree, how did they transform it into a terminal degree without changing the requirements?

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Some of these things have their roots in older college/university charters which specified types of degrees they could offer.
I recall my sister did her undergrad in chemistry at Rutgers University - her degree was a Bachelor of Arts because that was what the college she entered through was set up to award.

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