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February 10, 2014 Dr. Lesley Di Mare President Colorado State University Pueblo 2200 Bonforte Boulevard Pueblo, Colorado 81001 Dear President Di Mare: You may recall our writing in a January 8 letter to Chancellor Martin and you that we would be alert to developments arising from the proposed elimination of numerous Colorado State University Pueblo faculty appointments. Dr. Timothy McGettigan, professor in the Department of Sociology with tenure, has now sought our advice and assistance as a result of a January 17 letter from Deputy General Counsel Johnna Doyle notifying him that his university email account had been deactivated and his access to university-wide electronic distribution groups suspended. We understand that the stated basis for the administrations action was an allegation that he violated the universitys policy on electronic communications in an email message he sent to faculty and students with the subject line Children of Ludlow critical of the university system leadership. We also understand that subsequently he has been followed by uniformed police officers on campus, and that the administration has distributed pamphlets encouraging the university community to submit complaints about him to your office. We understand further that Professor McGettigans access to the universitys email system has been partially restored. The interest of the Association in Professor McGettigans case stems, as you doubtless know, from our longstanding commitment to academic freedom and tenure, the basic principles of which are articulated in the enclosed joint 1940 Statement of Principles on Academic Freedom and Tenure. Derivative standards relating to electronic communication are set forth in the AAUPs attached Academic Freedom and Electronic Communications. We have noted the relevant provisions of Colorado States electronic communications policy. Under the 1940 Statement, professors have a wide latitude to speak or write on matters related to their institutions and its policies, with the professors expected to make clear that they speak only for themselves, not for the institution:

President Di Mare February 10, 2014 Page 2 College and university teachers are citizens, members of a learned profession, and officers of an educational institution. When they speak or write as citizens, they should be free from institutional censorship or discipline, but their special position in the community imposes special obligations. As scholars and educational officers, they should remember that the public may judge their profession and their institution by their utterances. Hence they should at all times be accurate, should exercise appropriate restraint, should show respect for the opinions of others, and should make every effort to indicate that they are not speaking for the institution. Academic Freedom and Electronic Communications further provides with regard to sanctions for abuse or misuse of campus computing systems that [A]dministrations at some institutions appear to have viewed computer and Internet access as a lower-order faculty perquisite that may be summarily terminated. Such views need to be rejected unequivocally. Access to campus computing facilities, and through them to the Internet, represents a vital component of faculty status for most scholars and teachers. Yet it would be nave to suggest that circumstances might never warrant withdrawal or suspension of digital channels. Access may be denied or limited only for the most serious of reasons (e.g., creating and unleashing on the campus server a destructive virus), and only after the filing of formal charges and the pursuit of rigorous procedures, even where the transgression may not be so grave as to warrant dismissal or suspension. The universitys policies must specify with precision the infractions that might warrant such a severe sanction, recognizing only conduct that jeopardizes the system and the access of others . . . . * * *

We recognize that the information on which this letter is based has been provided to us primarily by Professor McGettigan. We would therefore welcome your comments. If the facts recounted above are essentially accurate, however, we urge that the remaining restrictions on his email access be lifted promptly, and that any further action related to electronic communications be consistent with AAUP-supported standards. Sincerely,

Anita Levy, Ph.D. Associate Secretary Enclosures

President Di Mare February 10, 2014 Page 3 cc: Dr. Michael Martin, Chancellor, Colorado State University System Ms. Johnna Doyle, Deputy General Counsel, Colorado State University System Professor Timothy McGettigan Professor Steve Mumme, Co-President, Colorado AAUP Conference Professor Jonathan Rees, Co-President, Colorado AAUP Conference