Protecting free speech

UI faculty senate approves new academic freedom language

The University of Idaho faculty senate voted Tuesday to add new academic freedom language to the UI constitution to expand faculty members’ freedom of speech rights. The language guarantees the right to speak on matters of “university governance, programs and policies.”

The new language received widespread support from faculty senate and is a critical issue for all faculty members, said Marty Ytreberg, UI faculty senate chair.

“I think we’re all in agreement that we want this to go through,” he said to senators Tuesday.

Ytreberg said the academic freedom language applies to free speech in classrooms and is an important policy for faculty involved in service positions on campus, such as those serving on faculty senate.

The language will go to a vote at the next all-faculty meeting in January. If passed, the language will advance to UI President Chuck Staben and the Board of Regents, who will make the final decision.

Ytreberg said the idea to add academic freedom language has been in the works for two years, yet it was only last spring proposed language was introduced and approved by faculty.

Ytreberg said the proposed language — that has since been altered — received tremendous support from faculty and passed overwhelmingly with a 173-0 vote.

“It was the largest turnout at a faculty … meeting in a long time,” he said.

While in support of new academic freedom language, Ytreberg said Staben rejected the faculty-approved language and requested a slight change.

He said Staben rejected the proposed language because he disagreed with a phrase stating faculty could not receive punishment or restraint from the university for some speech.

Ytreberg said Staben felt the non-punishment portion of the academic freedom language conflicted with the civility part of the constitution. He said the current academic language does not protect faculty from receiving reprimand or punishment from the university.

In addition to Staben’s adjustment, faculty senate members made their own Tuesday.

Despite overall faculty senate support, a number of senators were concerned the vocabulary in the new language was too narrow and did not provide faculty with enough protection.

Many of the concerns stemmed from the term “faculty governance,” and whether or not the term included actions by upper administration officials and university-wide decisions.

The senate amended the proposed language to include a broader term — “university governance” — in the academic freedom language, Ytreberg said.

Kent Nelson, UI general counsel, said the term “university governance” does not have a specific definition.

“You are leaving a much more familiar term,” Nelson said.

Since the term does not have a clear definition, Ytreberg said the Board of Regents might have a difficult time deciding whether or not to approve the language.

“They have to come up with a sort of re-definition for what that might mean, and that may change the way they feel about it,” Ytreberg said.

Ytreberg said he asked Nelson to review the new language in its entirety and report back to faculty senate with any concerns.

“The last thing we want is to come up with another language that won’t pass,” Ytreberg said.

Ytreberg said he hopes the Board of Regents will understand the intention behind the language decide to change the UI constitution.

“I sincerely hope that they pass it,” Ytreberg said. “I don’t know how likely it is.”

Ryan Tarinelli can be reached at [email protected]

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