Written by Thomas Magstadt   

Kansas famously fought for the right to enter the Union as a free state. To this day, Kansas CALLS itself the Free State – a fact that makes any assault on privacy and free speech uncommonly ironic. (Full disclosure: this writer taught a course at the University of Kansas in Lawrence from 2007-2010.)

Background

The Kansas Board of Regent sets policy for the University of Kansas, Kansas State University, the five other public universities, and 26 community colleges and technical schools. The Board of Regents is comprised of nine members appointed by the Governor of Kansas, currently an anti-abortion, right-wing Republican former US. senator named Sam Brownback.*

What follows is the relevant section from the Policies, Bylaws, and Missions statement of the Kansas Board of Regents. It the new policy for all public institutions of higher education in the Free State.

The Policy

Here is the current policy relating to disciplinary actions against faculty and staff:

The chief executive officer of a state university has the authority to suspend, dismiss or terminate from employment any faculty or staff member who makes improper use of social media. "Social media" means any facility for online publication and commentary, including but not limited to blogs, wikis, and social networking sites such as Facebook, LinkedIn, Twitter, Flickr, and YouTube. "Improper use of social media" means making a communication through social media that:

i. directly incites violence or other immediate breach of the peace;

ii. when made pursuant to (i.e. in furtherance of) the employee's official duties, is contrary to the best interest of the university;

iii. discloses without authority any confidential student information, protected health care information, personnel records, personal financial information, or confidential research data; or

iv. subject to the balancing analysis required by the following paragraph, impairs discipline by superiors or harmony among co-workers, has a detrimental impact on close working relationships for which personal loyalty and confidence are necessary, impedes the performance of the speaker's official duties, interferes with the regular operation of the university, or otherwise adversely affects the university's ability to efficiently provide services.

In determining whether the employee's communication constitutes an improper use of social media under paragraph (iv), the chief executive officer shall balance the interest of the university in promoting the efficiency of the public services it performs through its employees against the employee's right as a citizen to speak on matters of public concern, and may consider the employee's position within the university and whether the employee used or publicized the university name, brands, website, official title or school/department/college or otherwise created the appearance of the communication being endorsed, approved or connected to the university in a manner that discredits the university. The chief executive officer may also consider whether the communication was made during the employee's working hours or the communication was transmitted utilizing university systems or equipment. This policy on improper use of social media shall apply prospectively from its date of adoption by the Kansas Board of Regents.

Comment

Shown this document, a friend of mine (a lifelong Kansas resident and University of Kansas graduate) asked me whether other universities in the country are facing similar challenges to academic freedom. It's a good question.


* Recall that Governor Brownback is the same Brownback who as Senator Brownback ran for president in 2007; in the first presidential debate that year, when the candidates were asked to raised their hands if they did not believe in evolution, Brownback raised his. (He later published an op-ed in the New York Times attempting to clarify his position in a failed bid to rescue his candidacy.)