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Guidance for Faculty and Staff on Political Speech and Activities
University of Iowa – Information
With the election approaching, University of Iowa faculty and staff are reminded of both their rights and responsibilities with respect to political expression and activity in the workplace and the classroom. All employees may express political opinions and engage in political activity in their personal capacity (i.e., as a “private citizen”). However, as a state institution, the university is generally required to remain neutral with respect to candidates and issues. This requirement means that faculty and staff should refrain from expressing their personal political views when they are acting in their “official” employment role. University Human Resources and the Office of the Provost have posted helpful information on these subjects for staff and faculty.
The line between “personal” and “official” capacity is not always easy to discern. Moreover, even when speaking or acting in one’s personal capacity, expressing one’s opinions on political issues may be ill-advised. This document discusses a few situations that may arise around the campus and offers some thoughts on the appropriate response.
Permissible Activities.
Faculty and staff members should feel free to:
- Vote as they please.
- Volunteer or work in support of political candidates or issues on their own time with their own resources.
- Place yard signs at their homes in support of candidates, bills, or referenda.
- Use their personal phone or personal email account to campaign for candidates or issues.
- Comment on social media using their personal devices and user log ins, so long as their communications do not have an impact on the faculty or staff member’s ability to work effectively in their university role.
- For policy matters within an employee’s area of expertise, share or provide information or opinions with public officials when directed by their supervisor and coordinated with university central administration.
- When related to academic course material, introduce potentially controversial political topics with a reasonable range of opinions into classroom discussions. During any such discussions, a faculty or staff member should account for power differentials and ensure that the instructional environment remains a place where free inquiry and discussion of relevant issues may take place.
Guidelines for Faculty and Staff Speech and Activities.
Several university policies are applicable for faculty or staff member political speech and activities. When the university applies its policies, it balances the interests of citizens to exercise their constitutional rights with the interest of the university as a public employer to promote efficiency, impartiality, and the pursuit of knowledge in public service and higher education.
- No Partisan Institutional Activity. Iowa Board of Regents policy says that the university shall not be an instrument of partisan political action. The expression of partisan political opinions and viewpoints shall be those of individuals, not of the institution, because the official adoption of any political position, whether favored by majority or minority, tends to substitute biased information that hinders the continuing search for truth. Board of Regents Policy Manual, § 3.10(E).
- Comment as a Citizen, Not for the UI. When faculty or staff members speak or write in their roles as citizens, Iowa Board of Regents policy provides they should be free from institutional censorship or discipline. According to the policy, they should remember that the public may judge the institution by their statements. Thus, they should make every effort to indicate that they are not speaking for the institution. Board of Regents Policy Manual, § 3.10(D).
- UI Brand and Resources. Faculty and staff members should not imply any university endorsement of their actions in their personal capacities, should not use university letterhead or branding, and should not use the university email system or any other resources for personal political activities. Use of University Name (Policy Manual, § II-33); Acceptable Use of Information Technology Resources (Policy Manual, § II-19.4(g)). University employee work communications (e.g., emails, text messages, etc.) may always be subject to Iowa’s open records law and court processes. Iowa Code, § 22.
- Event Registration and Organization. Political candidate and campaign activities, political events, and rallies that occur on campus (including UI Health Care) must be sponsored by a registered student organization. If there is a viewpoint-neutral reason to believe that special arrangements may be necessary or appropriate, the event will be coordinated through the University Events Committee. Campus Speakers and Programs (Policy Manual, § V-28.2(a), 3(b)).
Applications.
1. May I wear a candidate’s shirt, hat, or button to work?
There is no categorical prohibition, but context matters. If you teach a class where a student may feel that agreeing with you politically could help their grade, wearing a candidate’s gear or other clothing with political messaging may discourage the expression of arguments and opinions that are contrary to yours.
Likewise, employees you supervise, students, or other members of the public that you serve may feel that if you learn that their opinions differ from yours, bias may impact the relationship and the outcome of your interactions. For these reasons, it may be best to refrain from wearing political clothing if doing so could create the impression that the viewer should align their opinions with yours.
The workplace environment may also limit political expression for reasons unrelated to its political nature. For example, wearing a candidate’s gear may be inconsistent with workplace dress requirements where specific clothing is required for job-related reasons (e.g., patient care responsibilities, contact with the public, or safety considerations). Moreover, offensive or vulgar messages may also be prohibited whether or not they are political in nature.
The university has many employees who work in many different settings, so an employee should consider their unit’s specific rules or seeking guidance from their supervisor. Additionally, the university has free speech resources available for those who would like to learn more or seek support to address issues of concern.
2. May I put a political poster or sign in a public work area?
It depends. Iowa law prohibits placement of “campaign signs” on any property owned by the state. The university may further restrict the display of posters or signs with political messaging in a workplace if the location is frequently visited by members of the public because the location may suggest that the sign reflects the university’s position on an issue rather than an individual’s.
Larger outdoor signs, banners, and displays may be installed only when approved by the University Events Committee or when they are featured as part of a university-wide initiative specifically related to the academic mission of the institution.
3. What about posting political signs/posters in my private office/workspace? Can such signs be visible in my zoom background?
Again, context matters, and the same concerns discussed in the answer to question 1 apply here. If visible signs or posters in your workspace could suggest a potential for bias to the detriment of the viewer or otherwise discourage the free exchange of ideas and opinions, consider a different forum for expressing your views.
4. Is it ever appropriate to talk politics in the classroom or the workplace?
The resources developed by Human Resources and the Provost’s office explain when political discussion is appropriate. The university supports political discourse when it is related to course objectives or work assignments and when faculty and staff members are intentional in their efforts to facilitate the free exchange of ideas.
5. In the classroom, may I tell my students whom I support in the election? What if they ask me? Does it matter if it’s in office hours or somewhere else?
Generally, political discussion that “intentionally interject[s]” a faculty or staff member’s personal views is appropriate only when there is a sound pedagogical reason for doing so. See University Policy Manual III-15.2(c). Rigorous dialogue and debate on policy matters that are germane to course material are welcome. But faculty and staff members are reminded not to use the classroom, or any instructional exchanges with students, to solicit support for one’s own personal views and opinions. Commentary from faculty or staff members for the sole purpose of advocacy or persuasion is not appropriate.
If you are asked about your personal views by a student or co-worker, there is less chance that your response will be attributed to the university. However, the considerations in the answer to question one above applies. Will your responses influence how your students or co-workers perform their assignments or tasks in order to curry favor with you? If so, it is likely wise to refrain from sharing.
6. May I ask students or coworkers whom they support?
This is not strictly forbidden, but tread lightly. First, it seems unlikely that you would need to know. Second, the question may create an awkward situation. Voting has always been conducted in private to ensure that votes can be cast without fear of repercussion. Likewise, students or coworkers may not want to share their views for a host of reasons, including because they do not want to risk impacting how they are treated by a professor or coworker.
In any case, it remains important to approach political topics sensitively and with a willingness and openness to disagree.
7. Is the University of Iowa the only public university with rules on faculty and staff members’ political speech and activities?
No. Public institutions of higher education grapple with ways to foster healthy, civic discourse on campuses through policymaking and sharing other educational resources. The University of Wisconsin-Madison, for example, published information about preparing for and responding to teaching challenges through its Center for Teaching, Learning & Mentoring. If you have questions about the information contained here, or would like to suggest additional content for consideration, we encourage you to contact UI Human Resources, the Office of the Provost, or the Office of the General Counsel, as appropriate.