Sebelius signs sex proviso into law

KU professor insists Wagle amendment won't affect his class

? Gov. Kathleen Sebelius on Friday signed into law a provision by a conservative lawmaker to set policies in a human sexuality class taught by Kansas University professor Dennis Dailey.

Sebelius said she hoped her decision would end discussion on the issue, which has received national attention. But the provision’s author, state Sen. Susan Wagle, R-Wichita, said attention to the subject would continue.

“I think the policies that are going to be written by Kansas University will be very public and the Legislature is going to want to see them,” Wagle said. “We want to see the policies.”

For his part, Dailey, an award-winning professor who teaches a course called “Human Sexuality and Everyday Life,” said he was disappointed Sebelius didn’t veto the Wagle amendment.

Dailey criticized the new law, saying it was a symbolic victory that “lends credibility to the efforts of certain individuals to control academic enterprise.”

But will it change his teaching methods? “Absolutely in no way,” Dailey said. “Nothing the proviso directs me to do is anything different than what I have been doing.”

Porn charges

The issue erupted on the Senate floor in March, when Wagle accused Dailey of showing pornographic videos and making vulgar comments to female students in the class.

Wagle successfully pushed through the Legislature an amendment to an early budget bill that would have cut $3.1 million from the KU School of Welfare if it was determined Dailey used obscene materials in the class.

But on April 21, Sebelius applied a line-item veto to the measure, saying the Legislature should not get in the middle of fights about course curriculum and that such discussions should be left to the Kansas Board of Regents.

The issue made national headlines as Wagle and her supporters appeared several times on television talk shows to discuss the subject.

When lawmakers returned for the wrap-up session, Wagle on May 2 leveled new charges against Dailey, including that he promoted pedophilia.

Dailey denounced the accusations as lies, but Wagle got the Legislature to agree to an alternative provision attached to the final budget bill that would require KU and other state-funded, post-secondary schools to develop policies in human sexuality courses on the use of sexually explicit materials, teaching about the issue of pedophilia, and sexual harassment.

Wagle also lodged a formal complaint against Dailey, prompting a KU investigation. KU officials found Wagle’s charges baseless; she called the investigation a “whitewash.”

The new law

By signing into law the final budget bill, Sebelius OK’d the newer Wagle amendment.

In a prepared statement, Sebelius said the amendment was fair, it would have little effect and she hoped state officials could now turn their attention to more important matters.

“It is an acceptable balance that will both preserve academic freedom and require university administrators to adopt policies on issues of concern to many Kansans,” Sebelius said. “Its effect on regents institutions will be slight.”

She concluded her statement, saying, “I look forward to returning our focus to issues of genuine concern to Kansas families, such as creating jobs, streamlining government and ensuring that our children will have the same opportunities and blessings we have had. This is the work Kansans have called on us to do.”

Wagle said she was pleased Sebelius signed the provision into law.

“It is going to force the University of Kansas to deal with this issue,” Wagle said. “They’ve been putting their head in the sand, and now they are going to have to come up with a policy that addresses the concerns that I raised.”

She said she had nothing against offering courses on human sexuality. “My intent is that when you teach it, you teach it with dignity and with respect and you don’t harass students,” she said.

Students disappointed

Students who had rallied to Dailey’s side said they were disappointed Sebelius didn’t veto the provision.

Jen Hein, who took Dailey’s course during the just-completed semester, said, “The problem is that the truth is out there and Senator Wagle is just continuing her crusade of spreading lies and half-truths. Her allegations are still unfounded. She has already disrupted more than just one classroom. She needs to stop.”

KU issued a statement that said it would cooperate fully with the regents in responding to the proviso.

But the university added: “KU already has policies in place to address questions concerning curriculum and conduct. The use of sexually explicit materials in the classroom is governed by state law and takes place in accord with standards used by other universities nationwide. Further, the university already has a sexual harassment policy in place and has for some time.

“It should be noted that the legislative motivation for this proviso was flawed. The university conducted a thorough and objective monthlong investigation, which concluded that the allegations made by Sen. Wagle regarding a human sexuality class at KU were without merit and not based on fact.”


Staff writer Dave Ranney contributed to this article.