Fact check: Tony Evers on University of Wisconsin free speech policy
Memorial Union and quadrangle at the University of Wisconsin-Madison
November 14, 2017
By Sara Reynolds
Tony Evers, Wisconsin’s superintendent of public instruction, is also a member of the University of Wisconsin (UW) Board of Regents and a candidate for the Democratic gubernatorial nomination. He was recently the board’s lone vote against a new policy entitled "Commitment to Academic Freedom and Freedom of Expression." In an October 13th commentary, Evers claimed that the policy "gives the university the means to expel a student for participating in any sort of protest," and "does not even provide a definition for the word 'disrupt.'"[1]
Is Evers correct? Can the university expel a student for participating in any sort of protest? Does the policy define disrupt?
Evers is incorrect. The policy allows the university to expel a student only after he or she has been found responsible for three incidents of disrupting the expressive rights of others. The policy also defines disruptive conduct subject to discipline by reference to the university system’s administrative code.[2]
Background
Tony Evers was first elected as Wisconsin’s superintendent of public instruction in 2009 and was re-elected in 2013 and 2017. He served as the deputy superintendent from 2001 to 2009 and as the chief administrator of a regional school services cooperative from 1992 to 2001. Evers has been a member of the Board of Regents since 2009.[3]
Evers announced his candidacy for governor on August 23, 2017. The primary election is on August 14, 2018.
The UW Board of Regents consists of 18 members responsible for, among other things, establishing university policies, setting admissions standards, and approving university budgets.[4][5][6]
Earlier this year, Wisconsin legislators considered Assembly Bill 299, the Campus Free Speech Act, which would have required the Board of Regents to adopt a policy establishing that "any person lawfully present on campus may protest or demonstrate, but that protests and demonstrations that interfere with the expressive rights of others are subject to sanction."[7][8] The bill passed the state Assembly in June by 61 to 36, but did not get a vote in the state Senate.[9]
Commitment to Academic Freedom and Freedom of Expression
On October 6, the Board of Regents voted 16 to 1 to adopt Resolution 10952, the "Commitment to Academic Freedom and Freedom of Expression."[1][2]
According to a UW system press release, the resolution's purpose is "to communicate the Board’s commitment to academic freedom and freedom of expression, as well as set expectations for those who violate those freedoms."[10]
The resolution requires the UW system to provide annual reports to the board about efforts to uphold principles of freedom of expression, prohibits UW from requiring students or employees to express particular viewpoints, mandates that the issue of freedom of expression be addressed at student orientation, and requires UW to inform students and employees of the policy on a yearly basis.[2]
The claim
According to the policy, students will be expelled after the third time they are "found responsible for misconduct that materially and substantially disrupted the free expression of others." Disciplinary actions will go into effect upon amendment of the university system’s administrative code through the state's rule-making process.[2][10] That process requires gubernatorial approval, a public comment period, and an opportunity for legislative objection among other steps, and could take between 7.5 and 13 months.[11]
The resolution does not explicitly define the word disrupt. The resolution references chapters 17 and 18 of the university system’s administrative code regarding student, employee or visitor misconduct subject to discipline by university authorities.[2]
A press release on board approval of the policy notes that the resolution was written "to keep the definition flexible to allow an institution to determine severity of any action since no two disruptions are alike."[10]
Chapter 17 of the university system’s administrative code addresses nonacademic conduct subject to disciplinary action. Specifically, Chapter 17.09(8) defines disrupt as:[12]
| “ | Disruption of university-authorized activities. Conduct that obstructs or impairs university-run or university-authorized activities, or that interferes with or impedes the ability of a person to participate in university-run or university-authorized activities.[13] | ” |
The policy also identifies misconduct as "dangerous conduct; unauthorized use of or damage to property; violation of criminal law; serious and repeated violations of municipal law; [and] violation of university rules."[2]
Chapter 18 regulates conduct on the university system’s property that is subject to the board’s authority. Specifically, Chapter 18.11(2) defines disorderly conduct as "violent, abusive, indecent, profane, boisterous, unreasonably loud" or "tend[ing] to cause or provoke a disturbance, in university buildings or on university lands."[14]
In addition, Chapter 18.07 prohibits purposefully restricting entrance to or exit from university buildings; 18.10 addresses offenses against public safety, including assaultive behavior, carrying dangerous weapons, and lighting a fire, among others; and 18.11 outlines offenses against public peace and order.[14]
Under the new resolution, students found responsible for disruptive conduct twice will be suspended for at least one semester and students found responsible three times will be expelled.[2][15]
Conclusion
Tony Evers, Wisconsin’s superintendent of public instruction, is also a member of the University of Wisconsin Board of Regents and a candidate for the Democratic gubernatorial nomination. He was the lone vote against a new board policy addressing freedom of expression throughout the university’s system. In a commentary about his opposition, Evers claimed that the new policy "gives the university the means to expel a student for participating in any sort of protest," and "does not even provide a definition for the word 'disrupt.'"[1]
Evers is incorrect. The policy resolution allows the university to expel a student only after he or she has been found responsible for three incidents of disrupting the expressive rights of others. The policy also defines disruptive conduct by references to the university system’s administrative code.[2]
See also
- Tony Evers
- Wisconsin gubernatorial and lieutenant gubernatorial election, 2018
- Fact check: Did Tony Evers fix the achievement gaps in Milwaukee and Madison schools?
Sources and Notes
- ↑ 1.0 1.1 1.2 The Capital Times, "Tony Evers: One is the loneliest number," October 13, 2017
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 University of Wisconsin System, "Regent Policy Document 4-21: Commitment to Academic Freedom and Freedom of Expression," October 6, 2017
- ↑ University of Wisconsin System, "Regents: Tony Evers," accessed November 1, 2017
- ↑ The Board of Regents is made up of 16 members appointed by the governor and confirmed by the state Senate, including two ex officio members (the state superintendent and the president or a designee of the Wisconsin Technical College System Board), and two students of the University of Wisconsin System.
- ↑ University of Wisconsin System, "About the Board," accessed November 1, 2017
- ↑ The University of Wisconsin System consists of 13 four-year universities, 13 freshman-sophomore campuses, and a statewide UW-Extension program which partners with campuses, local governments, and organizations to bring university resources into the community. University of Wisconsin System, "What is the UW System," accessed November 1, 2017 and University of Wisconsin System, "About UW-Extension: Our Mission," accessed November 1, 2017
- ↑ The bill would have also required the Board of Regents' policy to contain statements indicating: "1) that the primary function of an institution is the discovery, improvement, transmission, and dissemination of knowledge; 2) that it is not the proper role of an institution to shield individuals from speech protected by the First Amendment of the U.S. Constitution; 3) that students and faculty have the freedom to discuss any problem as permitted by the First Amendment and within specified limits; … 5) that campuses are open to invited speakers; 6) that public areas are public forums and open on the same terms to any speaker; and 7) that institutions must remain neutral on public policy controversies."
- ↑ Wisconsin State Legislature, "The Campus Free Speech Act: Analysis by the Legislative Reference Bureau," accessed November 1, 2017
- ↑ Wisconsin State Legislature, "Assembly Bill 299," accessed November 1, 2017
- ↑ 10.0 10.1 10.2 University of Wisconsin System, "Board of Regents Approves Academic Freedom and Freedom of Expression Policy," October 6, 2017
- ↑ Wisconsin State Legislature, "Wisconsin Legislature Briefing Book, 2017-2018, Chapter 5 - Administrative rulemaking," November 2016
- ↑ Wisconsin State Legislature, "Chapter UWS 17: Student nonacademic disciplinary procedures," accessed November 1, 2017
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 14.0 14.1 Wisconsin State Legislature, "Chapter UWS 18: Conduct on university lands," accessed November 1, 2017
- ↑ Chapters 17 and 18 contain a range of disciplinary sanctions for students found responsible for misconduct, such as restitution payments, enrollment restrictions, denial of university privileges, and payment of fines up to $500, among others. See footnotes 12 and 14.
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