91ɬÂþ Seal (for official use only)
 

POLICY #6.6
SUBJECT: Academic Freedom [TEMPORARY]

I. PURPOSE

The purpose of this Policy is to provide the University’s statement on academic freedom.

II. REFERENCES

  1. American Association of University Professors Policy Documents and Reports (1984)
  2. Southern Utah University Policy 5.0 Threat Management and Safety Intervention
  3. Southern Utah University Policy 5.1 Free Speech and Advocacy on Campus
  4. Southern Utah University Policy 5.20 Political Activity
  5. Southern Utah University Policy 5.27 Non-Discrimination / Anti - Harassment
  6. Southern Utah University Policy 5.52 Intellectual Property
  7. Southern Utah University Policy 5.60 Sexual Misconduct
  8. Southern Utah University Policy 6.1 Faculty Evaluation, Promotion, and Tenure
  9. Southern Utah University Policy 6.28 Faculty Professional Responsibility and Due Process
  10. Southern Utah University Policy 11.2 Student Conduct Code
  11. Utah System of Higher Education
  12. Utah System of Higher Education

III. DEFINITIONS

  1. Academic Freedom: A corollary right and legal principle derived from the First Amendment right to freedom of speech that restricts the University from the unwarranted inhibition of teaching, learning, researching, publishing, and/or investigating ideas that further educational objectives and advance knowledge and truth.

IV. POLICY

  1. Southern Utah University is operated for the common good of the greater community it serves. The common good depends upon the free search for truth and its free exposition. The University protects and cultivates Academic Freedom for faculty members, students, and staff who may teach or research. Faculty are free to investigate, research, discuss, publish, and teach within their academic expertise on topics relevant to course curricula or scholarly activity identified in their FEC (see 91ɬÂþ Policy 6.1) without interference from the University.
  2. Faculty must be free to investigate, research, discuss, publish, and teach within their academic expertise and on topics relevant to course curricula without interference from University administrators, elected officials, governing boards, or other entities. Institutional neutrality (see 91ɬÂþ Policy 5.1) should not be interpreted to allow for restrictions on curriculum, expression germane to approved curriculum or subject matter, or to otherwise restrain academic exploration within the bounds of traditional Academic Freedom. See USHE Resolution Establishing Expectations for Implementing Principles of Free Expression on Campus.
  3. Academic Freedom in classes extends only to speech that is germane to the subject matter of the course, in which Faculty possess the freedom to discuss their subjects. Faculty shall not use academic freedom or freedom of speech as pretext to teach or comment within the teaching context on controversial topics that are not directly related to the subject matter of the course.
  4. All faculty members have the right to academic freedom and the right to examine and communicate ideas relevant to the subject matter of their courses by any lawful means, even where such activities generate hostility or pressures against the faculty member or the University.
  5. Faculty shall not use academic freedom or freedom of speech as a pretext to discriminate or create a hostile environment within the meaning of Title IX of the Educational Amendments of 1972, Title VII of the Civil Rights Act of 1964, or other applicable laws or to violate the rights of students pursuant to 91ɬÂþ Policy 11.2 or other applicable 91ɬÂþ policies.
  6. The rights that constitute Academic Freedom have corresponding responsibilities:
    1. In teaching: Faculty members possess the right to full freedom in the classroom in discussing their subjects. They may present any controversial material relevant to their courses of instruction, but they shall take care not to introduce into their teaching controversial matter which has no relation to the subject being taught, and shall exercise sound judgment in the methods they use to present the material.
    2. In research: A faculty member is entitled to full freedom in research and in the publication of the results. Research for pecuniary return should be conditional upon disclosure to and the consent of the officials of the institution, and comply with University Policy 5.52.
    3. In public life: A university faculty member is a citizen, a member of a learned profession, and an officer of an educational institution. When the faculty member speaks or writes as a citizen, they should be free from institutional censorship or discipline, but the faculty member’s special position in the community imposes special obligations. As a person of learning and one associated with a public institution of higher education, the faculty member should remember that the public may judge their profession and institution by their utterances. Hence the faculty member should at all times strive to be accurate, exercise appropriate restraint, show respect for others, and make every effort to indicate that they are not speaking for the institution.
  7. Faculty shall evaluate students solely on academic bases reasonably related to legitimate pedagogical concerns, and not on student opinions, viewpoints expressed, or conduct unrelated to the academic standards of a course as defined by the standards of the applicable discipline or profession.
  8. Discussion and expression of any views relevant to the subject matter of a class, even if unpopular, are recognized as necessary to the educational process; however, students shall not impinge on the freedom of instructors to teach or the right of other students to learn. Faculty members shall not permit classroom behavior that substantially disrupts or interferes with the faculty member’s ability to teach and/or the students’ ability to learn. If a student persists in substantially disrupting the class after the Faculty member has explained the unacceptability of such conduct, the Faculty member may dismiss the student from the class and may refer the matter to the University’s Dean of Students, who shall address the conduct in accordance with 91ɬÂþ Policy 11.2 and other applicable policies.
  9. The University will support Faculty members to maintain a climate suitable for the exercise of academic freedom, scholarship, and effective teaching and learning.
  10. Faculty members maintain the legal rights and privileges of citizens in their personal capacity and shall not be subject to punishment or reprisal for the exercise of rights protected by law; however, they may be subject to sanctions for breach of other policies applicable to faculty, including but not limited to standards in 91ɬÂþ Policies 5.0, 5.20, 5.27, 5.60, and 6.28.

V. RELEVANT FORMS/LINKS

N/A

VI. QUESTIONS/RESPONSIBLE OFFICE

The responsible office for this Policy is the Provost/Vice President for Academic Affairs. For questions about this Policy, contact the Provost’s Office and/or Office of Legal Affairs.

VII. POLICY ADOPTION AND AMENDMENT DATES

Date Approved: September 29, 2000

Amended: November 10, 2000; July 1, 2024 (temporary authorization)