UA President Robert Shelton’s 107 opposition violated state law
I have concluded that University of Arizona President Shelton broke Arizona state law by having publicly spoken to encourage a specific vote on an elections issue.
I never reported this, but readers of the Wildcat may recall that UA President Robert Shelton spoke against 107 during the "UAdiscusses: Inclusion" event at the main student union (on-campus) on October 4th.
I have just been made aware of A.R.S. §15-1633, which includes this:
A. A person acting on behalf of a university or a person who aids another person acting on behalf of a university shall not use university personnel, equipment, materials, buildings or other resources for the purpose of influencing the outcomes of elections. Notwithstanding this section, a university may distribute informational pamphlets on a proposed bond election as provided in section 35-454. Nothing in this section precludes a university from reporting on official actions of the university or the Arizona board of regents.
I’m all for academic freedom, but we also must recognize that President Shelton is the ultimate representative of the university, not an individual college student with an opinion. Even the Foundation for Individual Rights in Education recognizes that "representatives of the college" can be restricted in their speech. I posted earlier concerning the ASU Undergraduate Student Government signing against Proposition 107, and whether such a thing might break state law or rules instituted here at the University of Arizona, but I would stop short in saying that student governments represent the university itself. FIRE’s quote comes in the context of student-athletes, who can be considered representatives of the university. President Shelton’s position as a representative is even more clear than that.
Former UA President Peter Likins did the same thing, though Dr. Likins’ most recent on-campus event did not include President Shelton. Perhaps Dr. Shelton realized it would be a mistake within one month of an election.
This could be a matter of statutory interpretation, as the law also states "Nothing contained in this section shall be construed as denying the civil and political liberties of any person as guaranteed by the United States and Arizona Constitutions." The primary difference here could be that President Shelton spoke at a university-sanctioned event occuring on-campus. University (read: public) funds were used to take this position.
Let me know if you can find Attorney General Terry Goddard’s required guideline to the Arizona Board of Regents (which should have been sent before 01 January 2006) concerning such political speech. We need to take a hard look at this issue for this and future elections.
Update: From the Arizona Board of Regents Policy Manual, we have this concerning political activity.
6-905 Political Activity (PDF)
Employees may participate in political activity outside their employment, but shall not allow their interest in a particular party candidate, or political issue to affect the objectivity of their teaching or the performance of their regular university duties.
Oh, and we never see that, do we?
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