AAUP Letter to President Di Mare - February 10, 2014

8/13/2019 AAUP Letter to President Di Mare - February 10, 2014

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1133 19th Street, NW, Suite 200, Washington, DC 20036

PHONE:202.737.5900FAX:202.737.5526www.aaup.org

February 10, 2014

Dr. Lesley Di Mare

President

Colorado State UniversityPueblo2200 Bonforte Boulevard

Pueblo, Colorado 81001

Dear President Di Mare:

You may recall our writing in a January 8 letter to Chancellor Martin and you that wewould be alert to developments arising from the proposed elimination of numerous

Colorado State UniversityPueblo faculty appointments. Dr. Timothy McGettigan,

professor in the Department of Sociology with tenure, has now sought our advice andassistance as a result of a January 17 letter from Deputy General Counsel Johnna Doyle

notifying him that his university email account had been deactivated and his access to

university-wide electronic distribution groups suspended. We understand that the stated

basis for the administrations action wasan allegation that he violated the universityspolicy on electronic communications in an email message he sent to faculty and students

with the subject line Children of Ludlow critical of the university system leadership.

We also understand that subsequently he has been followed by uniformed police officerson campus, and that the administration has distributed pamphlets encouraging the

university community to submit complaints about him to your office. We understand

further that Professor McGettigans access to the universitys email system has been

partially restored.

The interest of the Association in Professor McGettigans case stems, as you doubtless

know, from our longstanding commitment to academic freedom and tenure, the basic

principles of which are articulated in the enclosed joint 1940 Statement of Principles onAcademic Freedom and Tenure. Derivative standards relating to electronic

communication are set forth in the AAUPs attachedAcademic Freedom and Electronic

Communications. We have noted the relevant provisions of Colorado States electroniccommunications policy.

Under the 1940 Statement, professors have a wide latitude to speak or write on mattersrelated to their institutions and its policies, with the professors expected to make clear

that they speak only for themselves, not for the institution:


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President Di Mare

February 10, 2014Page 2

College and university teachers are citizens, members of a learned profession, andofficers of an educational institution. When they speak or write as citizens, they

should be free from institutional censorship or discipline, but their special position

in the community imposes special obligations. As scholars and educationalofficers, they should remember that the public may judge their profession and

their institution by their utterances. Hence they should at all times be accurate,

should exercise appropriate restraint, should show respect for the opinions ofothers, and should make every effort to indicate that they are not speaking for the

institution.

Academic Freedom and Electronic Communications further provides with regard tosanctions for abuse or misuse of campus computing systems that

[A]dministrations at some institutions appear to have viewed computer and

Internet access as a lower-order faculty perquisite that may be summarilyterminated. Such views need to be rejected unequivocally. Access to campus

computing facilities, and through them to the Internet, represents a vital

component of faculty status for most scholars and teachers. Yet it would be naveto suggest that circumstances might never warrant withdrawal or suspension of

digital channels. Access may be denied or limited only for the most serious of

reasons (e.g., creating and unleashing on the campus server a destructive virus),and only after the filing of formal charges and the pursuit of rigorous procedures,

even where the transgression may not be so grave as to warrant dismissal or

suspension. The universitys policies must specify with precision theinfractions

that might warrant such a severe sanction, recognizing only conduct that

jeopardizes the system and the access of others . . . .

* * *

We recognize that the information on which this letter is based has been provided to us

primarily by Professor McGettigan. We would therefore welcome your comments. If the

facts recounted above are essentially accurate, however, we urge that the remainingrestrictions on his email access be lifted promptly, and that any further action related to

electronic communications be consistent with AAUP-supported standards.

Sincerely,

Anita Levy, Ph.D.Associate Secretary

Enclosures


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President Di Mare

February 10, 2014Page 3

cc: Dr. Michael Martin, Chancellor, Colorado State University SystemMs. Johnna Doyle, Deputy General Counsel, Colorado State University System

Professor Timothy McGettigan

Professor Steve Mumme, Co-President, Colorado AAUP ConferenceProfessor Jonathan Rees, Co-President, Colorado AAUP Conference

Documents

AAUP Letter to President Di Mare - February 10, 2014