The
Ethics Issue in Illinois
By Illinois AAUP Council
In the Fall 2004 issue
of Illinois Academe (available at www.ilaaup.org), John K. Wilson
wrote about some of the concerns about the interpretation of the
Illinois Ethics Act. In response to objections raised by AAUP members,
the Illinois AAUP Council has written the following statement of
concern to be sent to legislators, ethics officials, and general
counsels at Illinois’ public universities. We encourage Illinois
AAUP members to contact your legislators and administrators about
these issues.
Statement
of Concern on the Illinois Ethics Act
from the Illinois Council of the American Association
of University Professors
As an organization representing
more than 1,000 faculty in the state of Illinois, we are writing
to express our concern with the Illinois State Officials and Employees
Ethics Act and its implementation at state universities. We fear
that some misunderstandings about the Ethics Act may cause faculty
to censor themselves when discussing political issues, or even lead
to infringements of academic freedom.
We strongly support the improvement of ethics rules for state employees
to prevent abuses, and we believe that working to improve ethical
standards at state universities is important. However, we are concerned
that ethics scandals which have not involved state universities
may lead to inappropriate restrictions at college campuses on constitutionally
protected advocacy.
Under the Ethics Act,
the definition of illegitimate political activity specifically exempts
actions taken in fulfillment of official State duties. Because educating
students and the public is the foremost duty of faculty members
and other university employees, we believe that restrictions on
political advocacy must not be applied to institutions of higher
education.
We are concerned that
the state’s ethics training for university employees and other
announcements fail to convey that the rights of academic freedom,
including the right of political expression and advocacy, must not
be abridged.
Therefore we urge the
following actions:
1) We recommend that a clarification be issued by the Inspector
General’s Office addressing how to apply the Ethics Act to
state universities, including recognition of the importance of academic
freedom and the unique work hours of faculty.
2) We recommend that
ethics training for university employees be improved to emphasize
the unique ethical issues appropriate to higher education. We further
recommend that the state work with the Illinois AAUP, the American
Federation of Teachers, the Illinois Education Association, and
ethics professors from around the state to develop an alternative
ethics training that better addresses the ethical concerns of university
faculty and other campus employees.
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