Faculty Senators discuss free speech with Norton

General counsel Michael Norton spoke with the Faculty Senate about freedom of speech and how it applies to employees at a public university during the Oct. 14 meeting. Public employees have stronger First Amendment protections than employees in private companies -- but there are limits, Norton said.

Last month, those limits led the Iowa Board of Regents to direct the three universities to investigate employees' potential violations of board policy, including Chapter 4.2, which governs freedom of expression.

"With our situation, it depends on the context of the speech and where it occurs," he said. "When we speak in our role as a public employee we don't have First Amendment protection. We can be held accountable for what we say. When you speak as a private citizen on a matter of public concern, you do have First Amendment protection, but again, it is not unlimited protection."

Speaking as a private citizen on a public matter provides First Amendment protections unless the speech is seen as creating workplace disharmony, impedes employee performance or impairs working relationships.

"We got tens of thousands of emails on this subject, but most of them are irrelevant because they came from the general public unassociated with the university," Norton said. "But interactions with students, students' parents, coworkers and other people who interact with people on campus are considered. That is the disruption that counts that might result in you losing First Amendment protection."

Norton said it is different for faculty members who also have protections of academic freedom in addition to the First Amendment.

"When you are in the classroom or talking about your research, as long as it is germane to your expertise and the subject matter you are teaching and done in an appropriate way, then you also have academic freedom protections," he said.

Norton referenced a Q and A with Inside Iowa State to detail points about First Amendment rights. It also contains a link to examples of how courts have considered balancing government employer interests and employee speech rights compiled by the Cornell Law School.

Senators' questions for Norton included:

• Would adding a disclaimer to personal social media that any thoughts and ideas expressed are as a private citizen and not as a public employee protect individuals? 

"It would probably be wise, but ultimately it doesn't help if the speech is disruptive to campus," Norton said.

• Was there was any pressure from state government to act?

"It did not have an impact in this case or factor into the analysis of this case, but that is not to say that it could never have an impact," he said.

Presidential search committee

Faculty Senate president Meghan Gillette updated senators on the work of the Iowa State Presidential Search Committee. Gillette, who co-chairs the committee, said "it was a fantastic pool" of candidates, and there was lots of discussion to determine the eight semifinalists.

Each semifinalist will be interviewed virtually by the committee Oct. 20-21 in closed session. At the conclusion of the interviews, Gillette said the committee will deliberate and select two to four finalists, who will interview on campus the first week of November. Each finalist will hold a public forum  with the university community that will be livestreamed. The name of each finalist will be posted on the Iowa Board of Regents and ISU Presidential Search websites 24 hours prior to their campus visit. 

The regents will interview each finalist in closed session at the ISU Alumni Center on Nov. 11. The board plans to announce a new president later that day. 

Handbook update

The senate will vote next month on an update (PDF) to the Faculty Handbook to reflect current state law that amended the Iowa Civil Rights Act to remove gender identity as a protected class. The proposed change provides a link to Iowa State's nondiscrimination and anti-harassment policy in the policy library. During discussion, a point was made that the senate can adopt this change and still add protected classes to the Faculty Handbook. It would remove any current contradictory language from the Faculty Handbook but allow faculty to hold themselves to a different standard. 

Other business

Senators also will vote at the November meeting on:

• A proposed bachelor of science in animal enterprise and innovation (PDF) in the College of Agriculture and Life Sciences, a first in the state. Students will enhance the well-being and productivity of everything from livestock to companion animals and use analytic tools to make decisions across a range of animal groups. The 128-credit major blends animal science with entrepreneurship, business acumen and data-driven decision-making.
• A proposed graduate certificate in semiconductor engineering (PDF) in the electrical and computer engineering, and material sciences and engineering departments. It will address the significant need for semiconductor engineers with hands-on experience in materials, device research and fabrication. The 14-credit certificate requires four graduate-level courses and is geared toward electrical and materials science engineering students. Interested students must have a bachelor's in engineering, physics or chemistry with a GPA above 3.0.
• A proposed 16-credit undergraduate minor in planetary science (PDF) from the departments of earth, atmosphere and climate, and physics and astronomy. It will explore the formation, evolution and current state of planets, moons and other celestial bodies. The minor is intended for students in STEAM fields (science, technology, engineering, arts and mathematics).
• A proposed undergrad minor in professional communication (PDF) from the English department and communication studies program. The 15-credit minor is designed to improve the written and oral communication skills of students needed in today's workforce. Students will take part in an internship as part of the minor curriculum.
• A proposed name change (PDF) for the animal ecology minor to wildlife and fisheries conservation and ecology. The change mirrors that of the major of the same name that was approved in January.