Please find President Schill’s response to Senator Wyden’s letter (below) asking for more information about the UO’s Student Conduct & Community Standards Committee processes regarding a 2016 incident with a UO basketball player HERE.
3/19/2017 update with link to General Counsel’s report:
I’m still waiting for the administration to provide the Senate with a copy, but I got this version from a Emerald student journalist and it looks legit:
Comments on the report and suggestions for next steps for the Senate to take are welcome. In the past I would have send this to the IAC, but given the new IAAC’s restricted charge I’m considering setting up a Task Force on Free Speech to deal with it.
Dear GC Reed –
I’m writing as Senate President, to ask you for an update on your investigation of the Duck AD for potential violations of UO’s free speech and academic freedom policies.
Bill Harbaugh Senate President, Economics Professor, University of Oregon
On MondayJan 23, 2017, at 8:30 PM, Kevin S Reed <firstname.lastname@example.org> wrote:
I’m in deep interview mode. Coming along swimmingly.
Kevin S. Reed | Vice President and General Counsel
Office of the General Counsel
219 Johnson Hall | Eugene, OR 97403-1226
(541) 346-3082 | email@example.com
Register Guard reporter Austin Meek has a report on General Counsel Kevin Reed’s investigation of the Athletic Department here: http://registerguard.com/rg/sports/football/35172801-69/oregon-general-counsel-opens-review-into-athletic-department-media-policies.html.csp
Yesterday I received an email from President Schill saying that he would instruct GC Reed to investigate these athletic department free-speech issues, and report to him. I assume that the Senate will also be given this report.
I’ve already talked with several current and former Duck sports reporters, who told me about many other potential similar violations of UO free speech policies by the Athletic Department in recent years, with respect to both student-athletes and student and professional reporters.
One noted the #blacklivesmatter protest by Dana Altman’s student-athletes during the National Anthem, reported by Tyson Alger in the Oregonian here: http://www.oregonlive.com/ducks/index.ssf/2014/12/oregon_coach_dana_altman_says.html
Altman chewed out his players and wouldn’t let them talk to the press afterwards.
The Senate will continue to look into these free speech issues.
From: UO Senate President <firstname.lastname@example.org>
Subject: Free Speech for students and the student press
Date: November 27, 2016 at 10:13:14 PM PST
To: Kevin Reed <email@example.com>
Dear General Counsel Kevin Reed:
We are writing you as President and Vice President of the Senate, regarding media reports that UO Athletic Department AAD Dave Williford told Oregon Daily Emerald sports editor Kenny Jacoby and other UO student-journalists that he would take away their Athletic Department issued press credentials, if the Emerald went ahead with their story on alleged assaults by UO football players. The news reports also say that the UO Athletic Department has a policy requiring that student-athletes not talk to the press without the Athletic Department’s permission.
The story is published here, https://www.dailyemerald.com/2016/11/17/oregon-tight-end-pharaoh-brown-accused-three-acts-violence-since-october-2014/ and the interview in which Mr. Jacoby explains the threat to take away his and other UO student reporters’s press credentials is here: http://www.oregonlive.com/sports/oregonian/john_canzano/index.ssf/2016/11/oregon_daily_emerald_story_dem.html.
This apparent threat from Mr. Williford, and these Athletic Department policies, procedures, or practices preventing UO students from talking to reporters may be in violation of the UO policies on Freedom and Speech and Inquiry, and on Academic Freedom. The former policy states:
The University of Oregon values and supports free and open inquiry. The commitment to free speech and freedom of inquiry described in this policy extends to all members of the UO community: Faculty, staff, and students. It also extends to all others who visit or participate in activities held on the UO campus.
Free speech is central to the academic mission and is the central tenet of a free and democratic society. The University encourages and supports open, vigorous, and challenging debate across the full spectrum of human issues as they present themselves to this community. Further, as a public institution, the University will sustain a higher and more open standard for freedom of inquiry and free speech than may be expected or preferred in private settings.
Free inquiry and free speech are the cornerstones of an academic institution committed to the creation and transfer of knowledge.
The latter policy states:
The University’s responsibility to help students to think critically and independently requires that members of the university community have the right to investigate and discuss matters, including those that are controversial, inside and outside of class, without fear of institutional restraint.
We are asking that you investigate this incident, and the relevant UO Athletic Department policies, practices, and procedures, and give a report to the Senate giving your interpretation of whether or not the UO policy on Free Speech and Inquiry and the policy on Academic Freedom, or relevant State or Federal laws, have been violated.
In particular, We ask you to address the following questions:
1) Is requiring student-athletes not to speak to the press without Athletic Department approval in conflict with UO free speech policies and law?
2) Is taking, or threatening to take, the press credentials of UO student journalists if they publish a story in conflict with UO free speech policies and law?
3) Were Mr. Williford’s actions – i.e. apparently attempting to discourage student-athletes from talking to the press, and threatening to take away the press credentials of these reporters, consistent with current UO policy?
We would appreciate it if you would send this report to the Senate by January 10, 2017. Please let us know if you have any questions.
Bill Harbaugh, Economics Prof., Senate Pres
Chris Sinclair, Assoc. Prof. Math, Senate VP
I’m as surprised as you are to see you appointed IAAC Chair. Congrats.
As Senate President, I’d suggest that a good first step for the IAAC would be to restart the investigation of the allegations about the advising services provided by SSA that came up while Rob Illig was IAC Chair.
Bill Harbaugh, Senate President, Economics Professor, University of Oregon
On ThursdayFeb 16, 2017, at 4:36 PM, Andrew Karduna <firstname.lastname@example.org> wrote:
This was not on my radar, but at the request of President Schill, I agreed to take on this position. He can be very persuasive.
I am hopeful that we will be able to meet once this quarter and two or three times in the spring.
I would greatly appreciate it if you could email me with possible agenda items – what do you want to discuss with respect to the academic performance and welfare of student-athletes?
I look forward to working with all of you.
Andrew Karduna, Ph.D., Professor and Director of Graduate Studies
Department of Human Physiology, University of Oregon
On 2/16/2017 3:38 PM, President Michael Schill wrote:
Dear IAAC members,
Thank you for your willingness to serve on the inaugural Intercollegiate Athletics Advisory Committee (IAAC). I am pleased to announce that Andy Karduna has agreed to serve as the inaugural chairperson for this committee and I want to thank him in advance for his leadership.
The University Senate approved the following committee charge on November 30, 2016:
The Committee is charged with advising the President on all policies and practices related to the academic performance and welfare of student-athletes. The Committee may at the President’s direction, engage broader issues regarding the relation of the athletics program to the overall mission of the university and NCAA or PAC12 policies. Additionally, the IAAC is charged with bringing issues related to the academics of student-athletes to the Senate with recommendation for action as needed.
The committee membership is made up of faculty, staff, students, and relevant administrators, which I list below as a way of initial introductions. I look forward to meeting you all at our first meeting and to working together in the future. My office will be in touch to schedule our first meeting during Winter Quarter.
Sincerely, Michael H. Schill President and Professor of Law
· Pedro Garcia-Caro, Romance Languages
· Tim Gleason (Faculty Athletic Representative), Journalism and Communication
· Andy Karduna (Chair), Human Physiology
· Laura Leete, Planning, Public Policy and Management
· Kelli Matthews, Journalism and Communication
· Elizabeth Skowron, Counseling Psychology
· Glen Waddell, Economics
· Johnny Earl, Campus Operations
· Jeff Lockie, graduate student and Presidential appointment
· Morgan Krakow, Undergraduate and ASUO appointment
· Juwaan Williams, Undergraduate and Student Athletic Advisory Committee appointment
· Lisa Freinkel, Vice Provost and Dean for Undergraduate Studies
· Rob Mullens, Intercollegiate Athletic Director
· Lisa Peterson, Deputy Athletic Director / Senior Women’s Administrator
· Steve Stolp, Executive Director of Services for Student Athletes
· Roger Thompson, Vice President for Student Services and Enrollment Management
Dear Professor Gleason –
I’m writing as UO Senate President, to you in your capacity as “Faculty Athletics Representative”.
As noted in your appointment notice from Mike Gottfredson at “https://president.uoregon.edu/content/tim-gleason-appointed-faculty-athletic-representative,
“The FAR is responsible for ensuring the academic integrity of the intercollegiate athletic program, promoting the well-being of student athletes, and supporting institutional oversight of athletics compliance and student eligibility.
I’m sure you’ve read the stories in the Oregonian and the Washington Post regarding the hospitalization of at least 3 UO students after football workouts.
I am asking you to investigate this situation, provide a preliminary written report to the Senate Executive Committee by Jan 24th, and appear at the Feb 1 Senate meeting to answer questions.
Senate President, Economics Professor, University of Oregon
Date of Notice: 09/21/2016
Current Status: Approved 11/30/2016
Motion Type: Legislation
Sponsor: Andy Karduna, Human Physiology
1.1 WHEREAS, in recent years, the Intercollegiate Athletic Committee (IAC) has generally been ineffective in either an advisory or oversight capacity with respect to intercollegiate athletics; and
1.2 WHEREAS in the spring of 2014, upon the recommendation of the chair of the IAC, President Gottfredson formed and appointed members to a President’s Advisory Group on Intercollegiate Athletics (PAGIA) and directed athletics to interacted with this committee, rather than with the IAC; and
1.3 WHEREAS the PAGIA has not met since President Schill arrived at the University of Oregon; and
1.4 WHEREAS President Schill wants an effective advisory committee and the Senate has an interest in working with the president on forming this committee; and
1.5 WHEREAS the chair of the 2015-2016 IAC, in collaboration with the rest of the IAC and President Shill, drafted a charge for a new advisory committee – the Intercollegiate Athletic Advisory Committee (IAAC); and
1.6 WHEREAS the 2015-2016 IAC voted to approve the drafted charge for an IAAC and this charge was then reviewed by the 2015-2016 and 2016-2017 Committee on Committees.
2.1 BE IT THEREFORE MOVED that the Senate approves a replacement of the Intercollegiate Athletic Committee (IAC) by the Intercollegiate Athletic Advisory Committee IAAC, effective immediately; and
2.2 BE IT FURTHER MOVED that current members of the IAC elect 4 current faculty members of the IAC to serve as the elected faculty members on the IAAC for the 2016-2017 academic year and that these member serve until their membership on the IAC would have expired; and
2.3 BE IT FURTHER MOVED that the University Senate encourages the President to select 3 appointed faculty members and 1 student member from existing IAC membership to serve as the appointed faculty and student members on the IAAC for the 2016-2017 academic year, and that these member serve until their membership on the IAC would have expired.