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Chapter 01.02. General Provisions

REGENTS’ POLICY
PART I – MISSION AND GENERAL PROVISIONS
Chapter 01.02 – General Provisions

 

P01.02.010. Freedom of Speech.

1.  An environment of free and honest inquiry is essential to the functioning and the mission of the university. The board and the university therefore acknowledge, affirm, and espouse the right of freedom of speech as guaranteed in the Constitutions of the United States and the State of ��ɫӰ��. The essential purpose of the university is to engage in the pursuit of truth, the advancement of learning and the dissemination of knowledge. To achieve this purpose, all members of the university must be assured of the constitutionally protected right to question, speculate, and comment, as well as the right to criticize the university and society at large.
2. The university will not limit or abridge any individual's constitutional right to free speech.

(06-07-06)

P01.02.020. Nondiscrimination.

It is the policy of the board that, in accordance with federal and state law, illegal discrimination against any individual because of race, religion, color, national origin, citizenship, age, sex, physical or mental disability, status as a protected veteran, marital status, changes in marital status, pregnancy, childbirth or related medical conditions, parenthood, sexual orientation, gender identity, political affiliation or belief, genetic information, or other legally protected status is prohibited. Decisions affecting individuals shall be based on the individual's qualifications, abilities and performance, as appropriate.

(06-01-17)

P01.02.025. Discrimination.

1. The university will not permit or tolerate discrimination that creates an intimidating, hostile, or offensive working or learning environment, or that interferes with an individual’s performance. The university recognizes that conduct which constitutes discrimination in employment or educational programs and activities is prohibited and will be subject to corrective and/or disciplinary action.
2. Sex and gender-based discrimination under Title IX is addressed in Regents’ Policy and University Regulation 01.04.
3. Discrimination refers to being adversely treated or affected, either intentionally or unintentionally, in a manner that unlawfully differentiates or makes distinctions on the basis of the individual’s legally protected status or on some basis other than an individual’s qualifications, abilities and performance, as appropriate. The university will vigorously exercise its authority to protect employees and students from discrimination by agents or employees of the university, students, visitors and guests.
4. Nothing contained in this policy will be construed or applied to limit or abridge any person’s constitutional right to freedom of expression or to infringe upon the legitimate academic freedom or right of due process of any member of the university community. Principles of academic freedom and freedom of expression require tolerance of the expression of ideas and opinions even though they may be offensive to some. However, ideas and opinions must be expressed in a manner that does not create an intimidating, hostile, or offensive working or learning environment or unreasonably interferes with an individual’s performance. The university upholds and adheres to principles of academic freedom and the laws prohibiting discrimination in employment and education.
5. Individuals who believe they have been subjected to discrimination are encouraged to bring this behavior or action to the attention of an employee or faculty member who is in a position to assist in addressing the concern. The affirmative action officer, human resources or student affairs officer, or designee, as appropriate, will mediate disputes, receive complaints, obtain process information, or discuss resolution options regarding discrimination complaints.
6. The university cannot guarantee confidentiality in connection with complaints alleging discrimination; however, all university employees and students are expected to make a reasonable effort to protect the legitimate privacy interests of involved persons consistent with their obligation to inform the accused.
7. Nothing in this policy will be construed or applied to create a right to an award of damages or other monetary compensation against the university or university employees beyond any existing under state or federal law.

(08-14-20)

P01.02.030. Maintenance of Good Order.

Consistent with university policies and regulations and the laws of the State of ��ɫӰ��, all officers and employees of the university and all persons on premises owned, used, or controlled by the university, are required to comply with university policies and regulations and MAU rules and procedures to maintain orderly procedures within the university, to avoid disruptions of the university’s operations and to protect and preserve life and property.

(09-15-78)

P01.02.040. Officers', Directors', and Employees' Liability.

The board will defend, indemnify and hold harmless all of its officers and employees, including the board and members of policy advisory councils, from any and all liability or damage arising out of acts on behalf of the university done within the course and scope of duty. Policy advisory councils include community college councils, policy advisory councils for university centers, rural education centers, and cooperative extension centers, and cooperative extension service, and such other policy advisory councils as are set forth in regulation by the president.

(03-25-82)

P01.02.050. Restructuring.

A. Actions of the board concerning restructuring of the university and University Regulations to implement restructuring shall control over any policy or regulation inconsistent with the restructuring action or regulation. B. Policies and University Regulations identified by the president as inconsistent with such actions shall be brought to the attention of the board at its next regular meeting.

(06-04-87)

P01.02.070. Unmanned Aircraft Systems / Model Aircraft Operations.

The president shall adopt regulations governing the operation of unmanned aircraft systems and model aircraft by university employees, students, and third parties as appropriate.

(05-31-18)

P01.02.080. Administrative Response to Reports of Misconduct.

1. Prompt reporting of allegations of misconduct involving members of the university community is expected and in some cases required by law, Regents' Policy, or University Regulation. Prompt reporting contributes to thorough and fair investigations and proceedings, as well as the university’s ability to provide meaningful remedies that might avert more serious impacts.
2.  At the same time, the university acknowledges that reporting obligations might not apply to certain members of the university community, those obligations might not have applied at the time of the misconduct, or there might have been compelling reasons for a delayed report.
3. To encourage reports of misconduct, ensure response to all allegations regardless of when the alleged misconduct occurred, ensure fair proceedings, and appropriately address issues with ongoing impacts on the university environment, the university will respond to reports of misconduct as follows:
   1. The university will assess all allegations of misconduct involving members of the university community, regardless of when the alleged misconduct occurred.
   2. Regardless of when the alleged misconduct occurred, the university will appropriately address ongoing risks to individuals and impacts on the safety and inclusivity of the university environment, as well as impacts on current university operations.
   3. If the alleged misconduct occurred three or fewer years before a report is made, the university will process the complaint and conduct a formal investigation if appropriate.
   4. If the alleged misconduct occurred more than three years before a report is made, the university will not conduct a formal administrative investigation, except as provided in this policy and accompanying regulations.
      1. In such cases the president or designee shall assess ongoing risks to individuals, impacts on the safety and inclusivity of the university environment, impacts on current university operations, as well as other appropriate factors (such as ability to provide due process), and may determine, in his or her sole discretion, that it is in the best interests of the university community to conduct a formal administrative investigation.
      2. If the president or designee determines that a formal administrative investigation is in the best interests of the university community, an investigation shall be conducted pursuant to Regents’ Policy and University Regulation.
4. This policy does not alter obligations under other provisions of law, Regents' Policy, or University Regulation to report or respond to misconduct, or limit the university’s ability to pursue administrative, civil, or criminal remedies in appropriate cases.

(01-01-19)

 

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