Friday, December 20, 2013

University employees: New social media policy is broad, vague and “chilling”

By SCOTT ROTHSCHILD and BEN UNGLESBEE, The Lawrence Journal-World

After the Kansas Board of Regents approved a new policy Wednesday that allows state university CEOs to fire employees for social media posts that conflict with the interest of their schools, faculty members and university employees around the state have been scrambling to understand what the policy means for them, and to respond to it.

Many took to social media to express their views.

A new Facebook group called "Kansas Universities Faculty & Staff Against Regents' Speech Policy" had already garnered more than 280 likes by 5:30 p.m. Thursday.

On his Facebook page, Burdett Loomis, a Kansas University professor of political science, called the new policy "unbelievably broad and vague" and said he felt a "chill" in response to the "ill-considered and expansive provisions" in the policy. The post drew more than 30 comments, including some from Kansas Regent Ed McKechnie, who disputed the "broad and vague description."

Many other KU faculty members have already expressed dismay. Ron Barnett-Gonzalez, a KU associate professor of aerospace engineering and the state conference president of the American Association of University Professors, said the new policy was "fraught with potential for abuse."

Barnett-Gonzalez also said he worried that it could prevent professors from making critical statements against university and state officials and that it could hurt KU's ability to recruit talented faculty. By this morning he had already received what he estimated to be 80 to 90 emails from concerned colleagues at other institutions.

Students, too, were voicing concerns about the policy on social media. KU student body president Marcus Tetwiler said he had seen several posts on Facebook from students holding jobs with the university who worried that they could now be fired for their social media posts.

Tetwiler surmised he himself might be liable for his social media posts under the policy given his position within the university organization. "I hope that students, faculty and staff, and all our critical thinkers, are not afraid of this policy," he said. "I hope they speak up and keep doing their jobs."

Response to Guth's tweet

Passed yesterday partly as a response to KU professor David Guth's anti-NRA tweet in September that angered many across the country, the policy gives the chief executive officer of a state university the authority to suspend, dismiss or terminate any faculty or staff member who makes improper use of social media. Improper use of social media is defined by the Regents as language that:

— Directly incites violence or other immediate breach of the peace;

— Is made pursuant to the employee’s official duties and is contrary to the best interests of the university;

— Discloses confidential student information, protected health care information, personnel records, personal financial information, or confidential research data; or

— Impairs discipline by superiors or harmony among co-workers, has a detrimental impact on close working relationships, 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.

KU Faculty Senate President Christopher Steadham said in an email that he had "not heard from a single faculty member expressing support of the new social media policy." He added that many were concerned about what sorts of communication might be considered against the "best interests" of the university or its ability to "efficiently" provide services, as the policy states.

Officials said they expected passage of the policy would produce a lot of discussion.

"I expect that there will be expressions of concern in the community about it and that we will have some further discussions about it, and perhaps there will be further discussions here (at the regents) about it as well," said KU Chancellor Bernadette Gray-Little said.

Voicing support
Fort Hays State University President Ed Hammond said he supported the new policy because it is based on U.S. Supreme Court decisions around freedom of speech, and it leaves the call on whether to discipline an employee with the chief executive of the university.

"I feel comfortable with what the board did," said Hammond, who has been president at FHSU for 28 years. He said university leaders rely on their legal counsel if there is a question about whether an employee has engaged in protected speech or has crossed the line, and that will continue.

Regents Chairman Fred Logan said he will be willing to talk with groups about it. "This will obviously trigger some conversations on campuses. I think it is quite likely we are all going to learn something through this," he said.

After the Guth incident, several powerful legislators called on KU to fire the professor. But Logan said he felt no pressure from legislators to institute the new policy. "There were a lot of legislations who have spoken out, but my goal was to come up with a very narrowly drawn policy that would recognize First Amendment rights but also address the responsibility of the university employees to their employer," Logan said.

State Rep. Brett Hildabrand, R-Shawnee, who had said Guth should have been fired, said he supported the regents policy. "I support free speech 100 percent, but there can be consequences for your words," he said. "Universities need the flexibility to address the actions of staff that tarnish their institution's image," he said.


Thursday, December 19, 2013

Regents pass social media policy in wake of Guth tweet

By SCOTT ROTHSCHILD, The Lawrence Journal-World

TOPEKA, KAN. — The Kansas Board of Regents on Wednesday approved a policy that would allow the firing of university employees if they communicated through social media in a way that aversely affects the school.

The policy was made in response to the anti-NRA tweet by Kansas University professor David Guth, which caused a national uproar.

Under the social media policy approved unanimously by the regents, the chief executive officer of a state university has the authority to suspend, dismiss or terminate any faculty or staff member who makes improper use of social media.

Improper use means making a communication that:

— Directly incites violence or other immediate breach of the peace;

— Is made pursuant to the employee’s official duties and is contrary to the best interests of the university;

— Discloses confidential student information, protected health care information, personnel records, personal financial information, or confidential research data; or

— Impairs discipline by superiors or harmony among co-workers, has a detrimental impact on close working relationships, 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.

Each university must establish and publish grievance procedures for use by faculty and staff in appealing employment decisions of the institution.

Regents Chairman Fred Logan said the policy tracks language in U.S. Supreme Court decisions on First Amendment rights and was deemed constitutional by the Kansas Attorney General Derek Schmidt’s office.

Logan said a specific policy on social media was needed because “there is some feeling that social media can lead to extraordinary damage very quickly.”

In addition, board members said they thought it was necessary to institute a policy on social media when they realized after the Guth uproar that there wasn’t one.

He said the policy was “inspired” by the Guth incident, but declined to say whether Guth could have been fired under the new policy. Logan said that incident was a personnel matter for KU to decide. KU spokesman Tim Caboni declined to speculate on how the policy would have affected Guth’s situation.

Guth was placed on administrative leave in September after a Twitter post following the shootings that left 13 dead at the Navy Yard in Washington, D.C. Guth wrote: “The blood is on the hands of the #NRA. Next time, let it be YOUR sons and daughters. Shame on you. May God damn you.”

The post angered many who thought Guth was wishing death on the children of National Rifle Association members. Guth has since apologized and has said he did not mean that he wanted children to die.

Guth’s leave has since ended, and he’s been put back to work on administrative duties.

KU Chancellor Bernadette Gray-Little said the policy was generated by the regents, and she wasn’t that familiar with it. She said any decision to fire someone could ultimately be appealed to court.

Faculty representatives had urged the board to postpone its Wednesday vote so that faculty members could provide input.

“It’s a little broad and doesn’t protect us in a lot of ways,” Sheryl Lidzy, of Emporia State University, who is president of the Council of Faculty Senate, said of the policy.

Logan refused, but added that the board would welcome input over the next several months. “That will be part of a continuing conversation,” he said.

Gerald Mikkelson, a KU professor of Russian and Eastern European studies and member of the KU Faculty Senate, said he was “not only surprised but shocked” by the policy, which he described as “repressive” and a “threat to the already existing mechanisms for dealing with malfeasance.”

“It’s a direct affront to the faculty and staff,” he said.

KU Provost Jeff Vitter urged the regents to use caution, saying that the policy will be scrutinized nationally. “You are potentially walking into a dangerous situation,” he said.

Wednesday, October 23, 2013

Regents want to know what concealed carry would mean for each building on each public college campus

By SCOTT ROTHSCHILD, The Lawrence Journal-World

TOPEKA — The Kansas Board of Regents has directed universities to conduct a building-by-building assessment on their campuses of the impact of allowing concealed carry of guns.

"We are trying to educate ourselves," said Regents Chairman Fred Logan Jr. of Leawood.

Legislation approved last session and signed into law by Gov. Sam Brownback expanded where people with concealed carry permits can take their guns.

The new law allows the weapons into public buildings that don't have certain types of security measures, such as metal detectors and trained guards.

Many of these public entities, including universities, have received temporary exemptions under the law. Universities have taken a four-year exemption.

But after 2017, campus buildings must allow concealed carry unless the building has adequate security.

Logan said a building-by-building study may help the regents and legislators determine if there need to be any changes or future exceptions to the law.

Monday, October 21, 2013

Officials hoping for thaw in icy relations between higher education and Republican legislative leaders

By SCOTT ROTHSCHILD, The Lawrence Journal-World

TOPEKA, KAN. — Republican legislators who approved cuts to higher education and have warned that more cuts may be coming will start touring universities this week in preparation for the 2014 session.

Both sides — the legislative leadership and higher education officials — say they hope their somewhat icy relationship of late will thaw outside the pressure of a legislative session.

"I don't know how the visit will turn out, but I think it's an opportunity to share with each other our concerns," said Senate President Susan Wagle, R-Wichita.

"The legislators are concerned about the efficiency of tax dollars that are spent. They're concerned about quality outcomes, and the schools are concerned about the same thing, so hopefully the communication will bridge the gap that we have right now," Wagle said.

Wagle said she is eager to hear from the leaders of each institution "as to the direction that they are planning for the future and what their goals are for their students."

"We want to be good partners," said Kansas University spokesman Tim Caboni. "Any issue there is, in relation to challenges facing the state, our role with the governor and the Legislature is to figure out how we can be helpful," he said.

Saturday, October 19, 2013

Regents hear rumblings about tenure, but no specific plan has emerged

By SCOTT ROTHSCHILD, The Lawrence Journal-World

TOPEKA, KAN.  — Officials say they wouldn't be surprised if legislation surfaced that sought to change tenure policies at public universities following the uproar over a Kansas University tenured professor's tweet aimed at the National Rifle Association.

But so far, no proposal has emerged.

Members of the Kansas Board of Regents indicated earlier this week that they have heard rumblings, but they took no action, preferring to take a wait-and-see approach.

And key legislators said Friday the topic may be broached when the 2014 session starts in January.

But a specific plan?

"At this point in time, I have no first-hand knowledge of a tenure bill," said state Sen. Steve Abrams, R-Arkansas City, and chair of the Senate Education Committee.

Monday, September 30, 2013

Board of Regents announce 2013 fall semester enrollment

TOPEKA, KAN. - Preliminary fall enrollment figures released today by the Kansas Board of Regents show a system-wide decrease of 1.33 percent or 2,504 students across the state’s 32 public universities, community colleges and technical colleges.

The fall semester enrollment total is 186,190 as of census day at each institution, a preliminary headcount of students enrolled at each institution on the 20th day of class.

Enrollment increased at the state’s technical colleges, where an additional 472 students are enrolled this fall compared to the preliminary census day count in 2012.

Enrollment was nearly flat at the seven public universities (-123 students), and was down across the state’s 19 community colleges (-3,095 students). The attached spreadsheet outlines enrollment figures for each institution.

The total system-wide Academic Year enrollment for 2012-2013 was approximately 259,000.

Based on historical trend, the Kansas Board of Regents projects Academic Year enrollment for the 2013-2014 academic year to remain relatively flat.

Sunday, September 15, 2013

Regents considering higher education budget for next session

By SCOTT ROTHSCHILD, The Lawrence Journal-World

Stung by recent budget cuts, the Kansas Board of Regents is attempting to formulate a new funding plan.

The board is expected to discuss its appropriations request Wednesday and finalize a plan Thursday for submission to Gov. Sam Brownback and the Legislature.

In recent discussions, board members have said they want to restore funds that were cut and push again for construction of a $75 million health education building at the Kansas University Medical Center.

The regents made a request last year for the building to be financed through a combination of state funding, a FICA refund and private donations. But the Legislature's budget made no commitment of state funding.

During the past legislative session, Republican leaders pushed through approximately $34.3 million in cuts in state funding to public universities over two years.

Gov. Sam Brownback signed those cuts into law, but since has said he will support attempts to restore the funding.

The cuts represented an across-the-board reduction and salary reductions that varied greatly in percentage among the universities.

KU's reduction totaled about $5.3 million over two years, while KUMC's was $8.3 million.

In its new budget request to the regents, KU also is seeking $4.5 million to "stabilize" the expansion to a four-year curriculum at the School of Medicine in Wichita, $2.8 million for course redesign and online technologies and $2.5 million for an institute that will be focused on promoting chemical biology research and drug discovery and development.

Sunday, September 1, 2013

Three new members of Kansas Board of Regents bring wide array of experiences

By SCOTT ROTHSCHILD, The Lawrence Journal-World

TOPEKA — Three new members of the Kansas Board of Regents, who are expected to be confirmed this week by the state Senate, bring varied backgrounds to a group that is fighting for funding for higher education and facing criticism from legislative leaders.

Shane Bangerter is an attorney in Dodge City and a founding partner of Reiben Bangerter Reiben; Ann Brandau-Murguia is a commissioner on the Kansas City, Kan., governing board; and Helen Van Etten is an audiologist with the Topeka school district.

They were selected by Gov. Sam Brownback in June to serve four-year terms on the nine-member board, which oversees a system of 32 public higher education institutions, including seven universities, 19 community colleges, and 6 technical colleges.

The three already have participated in a board retreat and will officially take up their duties once they are confirmed by the senate.

Higher education, specifically public universities, has been under fire from conservative Republican legislators, who have complained about tuition increases and administrative expenses.

During the last legislative session, Republicans approved budget cuts to the universities, and Brownback signed them into law, making Kansas one of the few states in the country that has cut higher education as the nation rebounds from the recession. Brownback has since vowed to seek a restoration of the cuts.

The three new members say they are ready to meet and discuss funding and other issues with legislators. They say they share legislators' concerns about tuition, but also want to make the case that the state's economic well-being is linked to a strong post-secondary system.

They bring varied backgrounds to their new roles.

Bangerter got the bug for higher education as a teen-ager while working on the family farm, as he and his brother were dragging irrigation pipe through the muck on a 100 degree-plus day.

Thursday, August 15, 2013

Regents propose keeping tuition flat next year if Legislature restores funds that were cut

By SCOTT ROTHSCHILD, The Lawrence Journal-World

VALLEY FALLS, KAN. — The Kansas Board of Regents on Wednesday discussed the possibility of keeping tuition flat next year if the Legislature restores $36 million in higher education funding cut during the 2013 session.

Republican legislative leaders quickly responded that the regents are looking for scapegoats, and Gov. Sam Brownback, who opposed the deep cuts but signed them into law, suggested more conversation on the entire higher education funding issue.

"It's disappointing that the Regents are openly using students as hostages to unnecessarily extract money from taxpayers," said House Speaker Ray Merrick, R-Stilwell.

Senate President Susan Wagle, R-Wichita, agreed. "Positioning Kansas students and families as bargaining chips in a budget debate is the wrong tactic," Wagle said. "During an economic downturn that has slaughtered family budgets, they (regents schools) have dramatically expanded administration and salaries with little justification."

Earlier, several regents members said they thought it was a fair proposal.

"I think it would be a powerful message," said Regent Vice Chairman Kenny Wilk, of Basehor.

During its annual retreat, the board said its top priority for the 2014 legislative session will be for the Legislature to restore the cuts made this year. If those cuts are restored, Wilk's proposal would hold tuition to current levels.

Saturday, August 10, 2013

Higher education budget, new gun law among items to be discussed at upcoming regents retreat

By SCOTT ROTHSCHILD, The Lawrence Journal-World

TOPEKA — Higher education officials and leaders within Gov. Sam Brownback's administration will meet next week to discuss budget priorities for the next legislative session.

The Kansas Board of Regents retreat will feature wide-ranging talks on fiscal affairs and numerous other issues on the higher education radar, including concealed carry of guns on campuses.

The retreat will be held Tuesday through Thursday at The Barn in Valley Falls.

In a memo to the board, Regents President and Chief Executive Officer Andy Tompkins said the meetings, " … will help the staff in developing budget requests that you will officially approve at the September board meeting."

During the last legislative session, Republican leaders and Brownback, also a Republican, approved cuts to higher education, making Kansas one of the few states in the nation that reduced funding to post-secondary schools.

As part of the budget discussions, the regents will consider whether to recommend restoration of the $36 million in cuts, plus a one percent across-the-board increase of $7.5 million.

Monday, September 17, 2012

Kansas officials want better education coordination

By SCOTT ROTHSCHILD, The Lawrence Journal-World

State officials want to revive a group to work on ways to better align education from pre-kindergarten through college.

In meetings of the Kansas Board of Regents and State Board of Education, members have said there is a need for the state to continue improving coordination of all aspects of education and training.

On Thursday, the Board of Regents, during its monthly meeting, is expected to approve a set of goals that includes working to establish an Education System Coordinating Council.

Under the proposal, the council will be composed of two Board of Regents members, two members of the State Board of Education, the commissioner of education and the chief executive officer of the regents.

The council will identify one to three projects per year aimed at improving integration of the education system between pre-kindergarten and higher education.

Thursday, June 28, 2012

Schools told to prioritize budget requests

By SCOTT ROTHSCHILD, The Lawrence Journal-World

The Kansas Board of Regents recently asked regents schools to come back with their specific funding requests.

But board members got more than they bargained for. So, the regents told the schools to prioritize their projects knowing that some of the initiatives won’t make the final budget cut that is sent to Gov. Sam Brownback for consideration later this year.

“We cant send over $160 million (in proposed projects) and be credible,” said Regent Fred Logan of Prairie Village. “We need to shape the package to give ourselves the best chance of success. My main concern is coming up with a systemwide proposal that doesn’t get us laughed out of the building,” he said.

Board members will conduct a budget workshop July 17.

Kansas University has included two big ticket items in its request.

One is $30 million in state funds to help build a new $75 million medical education building at the School of Medicine in Kansas City, Kan.

The other is a recurring annual appropriation of $2.5 million to support a Kansas Institute for Translational Chemical Biology, which would be aimed at bolstering KU’s drug discovery efforts.

During a discussion at the regents meeting last week, Chairman Ed McKechnie of Arcadia said, “I feel strongly about the medical education building.” He said that proposal fits the strategic plan of both the school and the state to increase the number of physicians in Kansas and bring in more research dollars.

According to KU, the current medical education building, which opened in 1976, is small, outdated and doesn’t meet standards required by the school’s accrediting body. Its classrooms are designed for lectures rather than modern small-group learning.

The Kansas Institute for Translational Chemical Biology will support both the KU Cancer Center and the school’s continuing membership in the Association of American Universities, school officials say.

Both budget proposals are extremely important, said KU Vice Chancellor of Public Affairs Tim Caboni.

“We went through a list of up to 100 of those,” Caboni said. He said the ones KU submitted to the regents “really are the priorities,” and he wouldn’t want to rank them in a particular order.

KU has also said it will need additional state funding to improve the KU Medical Center, including the School of Medicine in Wichita, but officials haven’t put a dollar figure on that yet.

Regent Kenny Wilk of Lansing said the requests from all of the schools must include information on what the schools have done with recent budget enhancements. “A strong business case,” must be made with every request, he said.

In the past, Brownback has shown he favors funding requests that are for specific purposes aimed at enhancing strengths at the schools.

Other big-ticket funding requests before the regents include:

• $16 million in additional funding for technical colleges.

• $15 million for expansion of the Kansas Technology Center at Pittsburg State University.

• $5 million annual appropriation to expand agricultural research at Kansas State University.

• $5 million annual appropriation to improve the College of Architecture, Planning and Design at KSU.

• $5 million annual appropriation for a research synergy center at KSU.

• $8 million for community colleges.

• $5.25 million funding increase for the College of Health Professions at Wichita State.