August 23, 2024

To:    Chairs and Directors
From: David Marshall, Executive Vice Chancellor
Re:    Regents Policy 4408: Policy on Public and Discretionary Statements by Academic Units

On July 18, 2024, the University of California Board of Regents approved Regents Policy 4408: Policy on Public and Discretionary Statements by Academic Units. Department websites must now comply with this policy, effective immediately. The policy followed discussions that took place between the Regents and the systemwide Academic Senate during the 2023-24 academic year, as well as recommendations distributed in 2022 by the UC Academic Council Chair from the University Committee on Academic Freedom “regarding the departmental publication of statements on controversial or ‘political’ matters.”

Regents Policy 4408 states: “Upholding the values of freedom of speech and inquiry are core values of the University of California. Under the First Amendment and principles of academic freedom, faculty members, individually and collectively, have the right to express their views. While individual members of the University community are free to express constitutionally protected viewpoints through all nonofficial channels of communication, long-standing principles of academic freedom have recognized that when faculty members speak or write as individuals, they should make every effort to indicate that they are not speaking for the institution. This Policy sets forth the responsibilities of and procedures for Academic Campus Units when issuing public statements.”

The new policy distinguishes between “Public Statements,” such as communications directed at “University constituencies or the public regarding its curricular offerings, its traditional mission statements, or strategic plans; administrative activities, operations or resources; news announcing University or campus activities, programs or initiatives; or news and events related to faculty research, teaching, and individual or collective scholarly endeavors;” and “Discretionary Statements” that are not part of the “day-to-day, term-to-term operations of the unit, and that comment on institutional, local, regional, global or national events, activities or issues.”  

Please review the policy to see additional details and definitions, but note that it requires:

  • That all Public Statements (including Discretionary Statements) be consistent with applicable law and University policy;
  • That Discretionary Statements be accompanied by a disclaimer expressly stating that the statement should not be taken as a position of the University, or the campus, as a whole;
  • That Academic Campus Units that intend to produce and disseminate Discretionary Statements develop and publish procedures that comply with the rules outlined below; and
  • That Discretionary Statements should not appear on the main homepage of a website of an academic Unit, and instead should be posted on a separate page identified for such statements.
  • Please note in particular the requirement that “Academic Campus Units that seek to make and disseminate Discretionary Statements must create, publicize, and follow procedures that articulate the process by which such statements will be produced, posted, and archived.” These requirements are similar to recommendations made by the University Committee on Academic Freedom in 2022.

After the Fall Quarter begins, departments should meet to decide whether they wish to allow discretionary statements, and if so, establish protocols, consistent with the Regents Policy. (It is recommended that departments meet in person for such discussions.) They should file their official procedures with their deans to keep on record. Deans will review procedures, not statements. Such procedures should be formalized well in advance of any discretionary statement.

Please note that there is no requirement that departments develop protocols if they do not intend to post discretionary statements. Some departments may decide to refrain from posting any discretionary statements. However, such protocols must precede and accompany any such statements. Departments that decide to develop such protocols for making discretionary statements should include a provision about how long such statements would be posted before being removed.

Although the Regents policy focuses on public statements, departments also should articulate their policies and protocols governing the use of department-wide email and listservs to discuss and share statements about non-university issues and matters unrelated to departmental business.

Since the beginning of the academic year will coincide with the final weeks of national and state elections, please keep in mind the UC policies and guidelines related to political advocacy and political engagement. Please see the Advocacy Guidelines at UC Santa Barbara posted by our Office of Government and Community Relations.

In addition, I remind you of the October 26, 2023 Principles of Community message that Chancellor Yang and campus leadership sent to the campus, in which we wrote:

“With academic freedom and freedom of speech comes a responsibility to express oneself with care, consideration, and empathy, especially at a time when our community is in pain and it may be difficult to find consensus and common cause. We call upon every member of our community to be aware of our different opinions, backgrounds, and histories, and to promote ‘the highest standards of civility, respect, and decency in all of our interactions.’ We are free to speak our consciences when we disagree. At the same time, no one should feel intimidated, threatened, or at risk because of their beliefs or identities.”

Please ensure that your department currently complies with Regents Policy 4408. Statements that are not fully compliant should be removed. My office will continue to work closely with the Academic Senate to support our core values of freedom of speech and inquiry, First Amendment rights, and our principles of academic freedom. Thank you.

cc:
Deans
Assistant Deans
Academic Senate