黑料天堂 Seal (for official use only)
 

POLICY #6.6
SUBJECT: Academic Freedom

I. PURPOSE

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

II. REFERENCES

  1. Utah Code § et seq. Duties and responsibilities of the president of an institution of higher education
  2. Utah Code § et seq. Tenure -- Reporting
  3. American Association of University Professors (AAUP) 
  4. American Association of University Professors (AAUP)
  5. American Association of University Professors (AAUP)
  6. American Association of University Professors (AAUP)
  7. Southern Utah University Policy 5.0 Threat Management and Safety Intervention
  8. Southern Utah University Policy 5.1 Free Speech and Advocacy on Campus
  9. Southern Utah University Policy 5.20 Political Activity
  10. Southern Utah University Policy 5.27 Non-Discrimination / Anti - Harassment
  11. Southern Utah University Policy 5.52 Intellectual Property
  12. Southern Utah University Policy 5.60 Sexual Misconduct
  13. Southern Utah University Policy 5.61 Abusive Conduct
  14. Southern Utah University Policy 5.62 Code of Ethics
  15. Southern Utah University Policy 5.63 Faculty/Staff Relationships with Subordinate Employees and Students
  16. Southern Utah University Policy 6.0 Definition of Faculty
  17. Southern Utah University Policy 6.1 Faculty Evaluation, Promotion, and Tenure
  18. Southern Utah University Policy 6.28 Faculty Professional Responsibility and Due Process
  19. Southern Utah University Policy 11.2 Student Conduct Code
  20. Utah System of Higher Education
  21. Utah System of Higher Education
  22. Utah System of Higher Education

III. DEFINITIONS

  1. Academic Freedom: Generally, Academic Freedom refers to the right to investigate and discuss the issues in an academic field/discipline, and to teach and publish findings without interference from an institution or government/elected officials for expressing unpopular ideas or views when engaged in Teaching, Scholarly/Creative Activities, or Shared Governance when undertaken as part of one’s work on behalf of an institution of higher education. There are two dimensions to Academic Freedom:
    1. Legal Principle/Doctrine: A corollary right derived from the First Amendment right to freedom of speech that restricts the University, Faculty, staff, and students from the unwarranted inhibition of Teaching, Scholarly or Creative Activities, Shared Governance, and learning that further educational objectives and advance knowledge and truth; and
    2. Professional Standard/Expectation: Among an institution’s Faculty, Academic Freedom is considered a custom and practice that informs and influences the relationship between their colleagues, their discipline, and their students. It imposes an expectation on Faculty and students to personify truth-seeking, open-mindedness, respect for others’ humanity, humility, reciprocity, and accuracy because these professional traits and values contribute to an environment of freedom of thought, inquiry, and teaching.
  2. Faculty: Refer to 黑料天堂 Policy 6.0.
  3. Scholarly/Creative Activities: Refer to 黑料天堂 Policy 6.1.
  4. Shared Governance: Refer to 黑料天堂 Policy 6.1.
  5. Teaching (Effectiveness): Refer to 黑料天堂 Policy 6.1.

IV. POLICY

  1. Scope and Applicability 

    Southern Utah University is operated for the common good of the greater community it serves. The common good relies upon the free search for truth and its free exposition. The University protects and cultivates Academic Freedom for Faculty members, students, and staff who engage in Teaching, Scholarly/Creative Activities and Shared Governance. Faculty are free to investigate, research, create, publish, and teach within their academic expertise on topics relevant to course curricula or Scholarly/Creative activity in accordance with 黑料天堂 Policy 6.1 and participate in intellectual discourse without interference from the University.  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 material.
    2. In Scholarly/Creative Activities: Faculty members are entitled to freedom in research, creation, and artistic expression and in the publication and dissemination of the results. Faculty are responsible for understanding how Academic Freedom protections under this Policy may be affected when undertaking scholarly/creative activities for pecuniary benefit (see 黑料天堂 Policy 5.7 and 5.52). 
    3. In public life: A university Faculty member is a citizen, a scholar of a learned profession, and a steward 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 scholar and steward, 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 a diligent and reasonable effort to indicate that they are not speaking for the institution. In instances where a Faculty member references their affiliation with the University, they must state that their views do not represent the views of the University.
    4. In Shared Governance: When Faculty, staff, and students assume a role and/or responsibility for academic decision-making at the University, expressing their ideas, observations, and views should personify the traits and values of Academic Freedom. They may reasonably rely on Academic Freedom to protect them from discipline, censorship, or retaliation when their expression is:
      1.  shared within the scope of an appointed or elected role; and 
      2. made pursuant to the subject matters or jurisdiction established by state law [see Utah Code § et seq.].
    5. In other institutional functions: Faculty may reasonably rely on Academic Freedom to protect them from discipline, censorship, or retaliation when offering reasonable criticism of University, college, or department policies or actions in an appropriate setting, such as in a unit meeting or private interaction.
  2. Limitations on Academic Freedom
    1. Relevance: Faculty may introduce, assign, discuss, or express any views that are relevant to the subject matter of a class, even if unpopular. In doing so, Faculty should be thoughtful and prepared to articulate a legitimate pedagogical purpose for the ideas, theories, views, skills, and methods that they determine are relevant to a class. Faculty must not use appeals to Academic Freedom or freedom of speech as pretext to Teach or comment within the Teaching context on topics that are not related to the subject matter of the course. Ultimately, the Faculty that superintend the curriculum of a particular discipline at the University are responsible for assessing concerns about relevance based on the collective expertise, ethics, and prevailing judgments of their colleagues within their respective disciplines.
    2. Lawfulness: Faculty speech and expression must be lawful and compliant with duly instituted institutional policies. Academic Freedom cannot be relied upon to excuse or shield Faculty from accountability for unlawful speech nor can they use it 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 University policies.
    3. Competence: To the extent that Faculty speech or expression demonstrates their unfitness to engage in Teaching or Scholarly/Creative Activity, their Faculty colleagues may evaluate and recommend a corrective course of action that may include reassignment of duties, dismissal or termination depending on the circumstances following procedures outlined in Policy 6.1 or Policy 6.28.
    4. Reciprocity: Faculty must acknowledge and recognize that their Faculty and staff colleagues and students also have Academic Freedom, as does the University. Faculty claims of Academic Freedom must be balanced with the interests and claims of students and the University.
    5. Fairness: Faculty shall evaluate students fairly and impartially while relying solely on academic bases reasonably related to legitimate pedagogical concerns, and not on the bases of student opinions or conduct unrelated to the academic standards of a course as defined by the standards of applicable discipline or profession. When evaluating colleagues for institutional awards, positions, or opportunities, Faculty shall apply policies, criteria, or standards impartially, consistently, and transparently.
  3. University Responsibility

    The University will support Faculty members to maintain a climate suitable for the exercise of Academic Freedom, scholarship, and effective teaching and learning. 

  4. Breach of Academic Freedom

    If a Faculty member feels their Academic Freedom has been infringed or diminished, they can follow the procedures outlined in the Faculty Grievance Policy.

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); April 24, 2025