MEETING OF THE BOARD OF GOVERNORS Committee on University Governance January 18, 2023
AGENDA ITEM A-8. Proposed Revision to Policy 300.5.1 “Political Activities of Employees” …………………………..…. Andrew Tripp Situation:
The proposed policy revision incorporates an amendment to 300.5.1 regarding the University’s commitment to denouncing and preventing compelling speech. The compelled speech doctrine sets out the principle that the government, and therefore public universities, cannot force an individual or group to support certain expression.
Background:
A constitutional, First Amendment issue arises when universities and university systems, as a branch of the government, require or invite an employee or applicant for academic admission or employment to demonstrate their commitment to certain ideals, missions, political issues, or principles. Requiring a statement from an employee or applicant for academic admission or employment to demonstrate an ideological commitment cuts against the constitutional rights afforded within the First Amendment of the U.S. Constitution and Article 1, Section 14 of the North Carolina Constitution. Contrary to the principles of free speech and free expression, these statements could be consulted when making hiring, admission, reappointment, evaluation, promotion, or tenure decisions. Forms of compelled speech, when required under University policies, rules, and regulations, could further function as litmus tests for adherence to prevailing socio-political views on various matters of contemporary political debate. The University System seeks to prevent this form of compelled speech. The University instead seeks to encourage employees or applicants for academic admission or employment to exercise fully and freely their right to participate, or refrain from participating in, political and other processes without fear of penalty or reprisal, consistent with the University’s commitment to encouraging the full freedom, within the law, of inquiry, discourse, teaching, research, service, and publication.
Assessment:
The proposed revision to Policy 300.5.1 is intended to codify in the Policy Manual the University’s commitment to Free Expression and restrict vague or ideologically motivated statement policies of any kind across UNC campuses. If passed, this policy amendment would reduce, if not eliminate, situations whereby an employee or applicant for academic admission or employment is forced to participate in political processes and/or support certain expression.
Action:
This item requires a vote by the committee, with a vote by the full Board of Governors through the consent agenda at the next meeting.