New university employee training created in response to H.B. 261

Editors Note: A quote from John Ferguson was removed from the article to reflect accurate information. Amanda DeRito, USU Spokesperson provided updated information to the statesman. 

In compliance with H.B. 261, also known as the Equal Opportunities Initiative, Utah State University employees must take a new online training course on freedom of expression and political activity. The training can be accessed through USU’s training system Learn Blue. 

 Amanda DeRito, associate vice president for strategic communications, wrote to The Utah Statesman via email about the training.  

 “The new training, Freedom of Expression and Political Activity, was developed to train our employees on USU policies that help USU comply with the requirements of Utah HB 261 as well as safeguard freedom of expression,” DeRito wrote.  

 Because of limitations to freedom of expression, the training is designed to teach government employees what they can and cannot do per Utah federal law. Academic freedom is a protected right, allowing faculty members to teach, discuss and study without limitations.  

 Examples of protected speech include expressive conduct, political speech and unpopular or offensive speech. Unprotected speech includes true threats, libel and defamation, obscenity and harassment.  

 The three policies that are highlighted are Interim Policy 541: Free Expression and Assembly, Policy 333: Political and Electoral Participation and Policy 506: Political Activity.  

 Before working for USU, John Ferguson, senior lecturer in management, spent a decade as the First Amendment education coordinator and attorney for the First Amendment Center in Nashville, Tennessee. 

 “In general, whenever there are First Amendment speech issues, especially with government employees, the intention is always that we want to protect people’s free speech rights, but we also want to make sure that when they’re speaking for the university or people may interpret them speaking for the university, the university has to balance that out,” Ferguson said.  

 The training states when employees communicate personally, they should avoid indicating they are speaking on behalf of the university, using university email addresses and engaging in political activities such as campaigning during work hours or using state-owned resources.  

 When asked how the university will ensure employees adhere to these guidelines, DeRito wrote, “Employees are expected to follow all of our policies, and supervisors address noncompliance using the guidance in Policy 311 (Setting Expectations and Managing Performance).”  

 According to usu.edu, there are over 11,000 employees across USU campuses.  

 “I think it’s going to be hard for the university to keep up. I mean, as big of a campus as we have and as many campuses as we have and our statewide reach, I think that’ll be a challenge. I worry about those kinds of challenging environments. Will we run into issues of selective enforcement? Because it’s going to be the things that are going to upset somebody,” Ferguson said.  

 The training states it is not intended to limit the rights of those involved with USU to engage in political activity but to ensure their actions and opinions are not reflected on the university. 

 “I think it’s become such a politicized situation that’s so divorced from the reality of what we’re actually dealing with that it’ll just cause people to self-select, and people of a certain political idealogy are going to go to states where their idealogy is reflected, and we’ll just have less and less diversity,” Ferguson said. “If we just have people who think like us and say the same thing we do, we’re not going to have the type of education students need, especially not the kind of education they’re going to need going forward for a future that will be diverse and polarized and difficult.”  

 Those involved with USU have the right to gather and engage in protected speech without censorship on campus as long as they follow time, place and manner restrictions. As stated in the training, the restrictions must be, “neutral in viewpoint and content, no more extensive than necessary, and serve a significant university interest.”  

 Public demonstrations such as protests are allowed on campus. However, it is preferred that those wishing to publicly demonstrate file a written request with the executive director of the USU Department of Public Safety Ellis Bruch.  

“USU does not have free speech zones. Additionally, individuals also do not have to get a permit or notify campus security. We ask that they do so we can work with them to protect their rights and ensure safety, protect their rights, help ensure safety and educate them on any relevant time, place and manner restrictions,” said Amanda DeRito spokesperson for USU.

 Overall, Ferguson thought the training was fine.  

 “I certainly understand what the university is trying to do, and I appreciate all their efforts in trying to do it. First Amendment issues, especially related to free speech, is so crucial to what we do, and we need to make sure we do everything we can to hold all those in power accountable for how it’s protected,” Ferguson said.  

 Despite new rules imposed by the bill, the freedom of faculty and students is important to those upholding said regulations.  

 “Freedom of expression and academic freedom are paramount to the university’s unique role in discovery, expansion, and dissemination of knowledge by fostering scientific exploration, free inquiry, and a robust exchange of ideas. USU’s policies reflect that,” DeRito wrote.