Appendix X: Social Media Policy Procedures

Approved by Faculty Senate on December 9, 2014

PROCEDURE FOR APPLYING KANSAS BOARD OF REGENTS SOCIAL MEDIA POLICY

Before any non-student employee of the university is suspended without pay or terminated for cause by the President or the President’s delegate for being found to have made any improper use of social media under the KBOR Social Media Policy (http://www.kansasregents.org/resources/PDF/About/BoardPolicyManual.pdf), it must first be determined that such action is to be applied in a manner that is consistent with the First Amendment and academic freedom principles.

This determination is made by the President or President’s delegate in consultation with University General Counsel for legal advice, and with consideration of a recommendation by a committee of peers.

Composition of Committee of Peers:

The committee of peers consists of 3 individuals from the employee’s peer constituency (faculty/professional staff/university support staff). Two of the committee members shall be selected by the representative senate president (Faculty Senate / USS Senate) and the third committee member shall be selected by the President or the President’s delegate. The members of the committee cannot be from the same department/unit/college as the employee involved in the allegation.

Steps in the Process:

1. The President or the President’s delegate determines that there is a need for review of an incident for potential violation of the KBOR Social Media Policy that might warrant suspension without pay or termination for cause. The employee shall be notified in writing of such alleged violation.

2. The President or the President’s delegate contacts the appropriate senate president to form the committee of peers.

3. The President charges the committee to review the proposed disciplinary action in accordance with this procedure and make a recommendation, with rationale, to the President or President’s delegate as to whether the conduct violates the KBOR policy and whether the proposed action is consistent with First Amendment and academic freedom principles.

4. The University General Counsel is to provide advice to the committee on the pertinent legal issues related to the KBOR Social Media Policy.

5. The committee is to gather relevant information and make a written recommendation to the President or the President’s delegate within 30 calendar days of receiving its charge.

6. Employee will receive written notification either way of the ruling. The procedure defined here does not preclude a university employee from using the grievance procedures defined by other university policies if and when they are applicable. If such grievance is pursued by the employee, individuals that serve on the committee of peers shall not serve on related grievance hearing panel(s).