Different Rules for Regents on Political Speech?

Some faculty have expressed concern upon seeing the political ads that Regent Rob Schafer has paid for and publicly endorsed on television. Given the strong admonitions that faculty receive about being very careful to separate their political speech as a citizen from their role as University of Nebraska employees, they wondered, are there different rules for regents? William Avilés, Professor of Political Science at UNK and President of UNKEA, expressed these concerns to President Gold and requested clarification regarding the rules governing University of Nebraska Regents in such situations. See his letter, and President Gold’s reply, below.

Dear President Gold and NU Regents, 

Good afternoon.  I am writing in my capacity as president of UNKEA regarding the political speech of Regent Rob Schafer.  

We are annually reminded here at UNK that any public political statement that we make should make clear that we are not representing the views of UNK, but our own, and that we cannot even imply any political actions taken as private citizens are being done on behalf of the university.  However, the current chair of the Board of Regents (and apparently also Regent Scheer) makes clear in this ad that he is a regent of the University of Nebraska which may suggest to some Nebraskans that NU’s Board of Regents, or the University of Nebraska as an institution, are opposed to Initiative 439.  

Should not the leaders of the University of Nebraska be held to the same standard as employees, abstain from using their role with the university to advocate for or against issues that are completely unrelated to university business? Is Regent Schafer’s position on this issue the position of the University of Nebraska? 

In addition, this ad is considered by some as including objectively false information.

The Code of Ethics in BOR Bylaws (Item 1.10) states “In carrying out its educational, research, extension, and public service missions, the University relies on the ethical and responsible conduct of all employees and members of the Board of Regents. Even the appearance of unethical or irresponsible conduct can be damaging to the public’s trust in the University. The members of the Board and all University employees are expected to conduct themselves fairly, honestly, in good faith, and in accordance with the highest ethical and professional standards and to comply with applicable laws, regulations, and contractual obligations, and University policies. I am curious as to how these ads, funded in this way, meet these standards.

Any information or feedback that you can provide would be greatly appreciated.   Thank you. 

Sincerely, 

Will Avilés

President of UNKEA

____________________________________________________

Reply from President Jeff Gold:

Dear Professor Aviles,

Thank you for your email and for reaching out. The University of Nebraska is not affiliated with the campaign activities of the candidates running for election to the Board of Regents. The opinions expressed by the candidates and the causes supported by their respective campaigns are their own and do not reflect the University of Nebraska.  

Students at the University of Nebraska are private citizens and are able to exercise their First Amendment rights. The opinions expressed by students are their own and are not those of the University of Nebraska or Husker Athletics. 

Any questions or comments regarding campaign finance should be directed to the Nebraska Accountability and Disclosure Commission.

Any questions or comments regarding the content of campaign materials may be directed to the candidate or his or her campaign.

Again, thank you for your message. Please don’t hesitate to reach out with anything else.

Best wishes,

Jeff Gold