KU governance officials considering procedures in cases of alleged improper use of social media

A draft plan that would govern procedures dealing with Kansas University faculty or staff accused of the improper use of social media was questioned Tuesday by several members of the University Senate Executive Committee.

Katherine Clark, an associate professor of history and faculty representative, said a proposed five- to seven-day period for an initial review board to investigate whether a social media policy violation occurred was too short.

“It is simply not enough time,” she said.

And other committee members said they wanted to make sure that any accused person had enough time to put together a legal defense.

Jonathan Mayhew, a Spanish and Portuguese professor and chairman of the committee, said faculty, staff and administration officials would continue to work on the procedures.

“This is not written in stone,” Mayhew said.

He said procedures are needed in case anyone is ever accused of violating the social media policy that was adopted this year by the Kansas Board of Regents in reaction to an incident at KU that caused a national uproar and debate over freedom of speech.

In 2013, after a mass shooting at the Navy Yard in Washington, D.C., in which 13 people were killed, KU journalism professor David Guth posted a tweet condemning the National Rifle Association.

“The blood is on the hands of the #NRA. Next time, let it be YOUR sons and daughters. Shame on you. May God damn you,” he tweeted.

The tweet came under fire from Kansas politicians and gun rights advocates, some of whom said Guth should be fired.

Guth remains employed at KU, but in response to the furor, the regents adopted a policy that would allow a university leader to fire a faculty member or staff member who used social media in a way that “is contrary to the best interests of the employer.”

Many professors and faculty members have spoken against the policy.

But with the policy in place, Mayhew said procedures needed to be established.

“I sincerely believe no one wants this policy to be actually used,” he said.

Mayhew said he has met over the summer with members of Provost Jeff Vitter’s office, KU’s general counsel, faculty, staff and students to come up with a proposal.

Under the draft plan, if the provost decided that a faculty or staff member had engaged in improper social media, an Initial Review Panel would be convened to determine whether there were reasonable grounds to believe a violation occurred. The panel would consist of three members including the dean of the academic unit in which the faculty member serves, or the supervisor of the staff member; a designee of the provost; and designee of the University Senate President.

If the panel recommends there are reasonable grounds to proceed, then a five-member Substantive Review Board would consider evidence and testimony to determine whether to make a recommendation for disciplinary action to the provost. Any disciplinary action taken by the provost could be appealed to the Faculty Rights Board.

If the Substantive Review Board was considering a case against a faculty member, the board would include two tenured faculty members chosen by the KU administration; two tenured faculty members chosen by the Faculty Senate Executive Committee; and one tenured faculty member chosen by the other four board members.

If the board was considering a case against a staff member, the board would include two university employees chosen by the administration; two employees chosen by the University Senate Executive Committee; and one employee chosen by the other four board members.