I. Purpose

To provide clarity on the University’s stance on and protections for faculty in their professional work. It outlines:

• the University’s stance on academic freedom,
• the distinctions between protected and unprotected expression,
• available support and resources,
• procedures to follow before and during public engagement,
• steps to take if external concern, controversy, or safety threats arise.

The intention is to provide clarity for faculty to navigate challenges with confidence, institutional alignment, and shared understanding.

Although academic freedom is defined for faculty in the University Bylaws and Faculty Handbook, some institutional support processes and insurance protections described here also apply to staff when acting within the course and scope of their University employment.

II. Academic Freedom at Southwestern University

A. Foundational Commitments

Academic freedom is foundational to Southwestern University’s identity and mission.

From the University Bylaws:

“Academic freedom is the cornerstone of a free society, and it will be scrupulously defended at the University. The board of trustees desires to maintain, commensurate with the idea of a university of the first class, a learned faculty chosen on the basis of scholarship, teaching ability, interest in youth, and general usefulness, who will search for truth and who, by precept and example, will instruct, guide, and inspire the University’s students.”

From the Faculty Handbook (p. 38), reflecting AAUP and AAC (predecessor to Curriculum Committee) language:

Academic freedom protects the faculty member’s teaching, research, and creative work within the scope of their professional responsibilities and expertise. Faculty are entitled to full freedom in research, in the publication of the results, and in the classroom when discussing their subject. When faculty speak or write as citizens, they should be free from institutional censorship or discipline, though faculty should make every effort to indicate that they are not speaking on behalf of the institution unless authorized to do so.

These statements together reaffirm that academic freedom protects faculty members in the full range of their professional responsibilities, including all courses they are assigned or approved to teach (such as FYS and Paideia), integrative and interdisciplinary work, scholarly research and publication, and creative and intellectual work. It is grounded in their scholarly preparation and ongoing professional development, and is not limited to a narrow area of degree specialization. These commitments apply to all faculty members, regardless of rank or appointment type, and include protection from internal or external threats to work that falls within the scope of academic freedom.

Southwestern recognizes that scholarly expertise may span interdisciplinary, political, social, or cultural domains; academic freedom protects work grounded in a faculty member’s scholarly identity, even when the subject matter is politically or socially contested.

B. What Academic Freedom Protects

Academic freedom protects faculty rights based on transdisciplinary competence and expertise, which remains essential to the furtherance of critical thinking and scientific inquiry. It safeguards faculty in:

• teaching and curriculum development,
• scholarly research and publication,
• creative and intellectual work.

Under academic freedom, faculty may:

• pursue lines of inquiry,
• share findings publicly,
• participate in community and public engagement,
• contribute to disciplinary or public discourse, including at professional settings (i.e. scholarly conference, invited lectures), when grounded in their scholarship,
• address controversial or challenging issues when they relate to a faculty member’s scholarly field.

C. What Academic Freedom Does Not Cover

While faculty enjoy freedom of personal expression as private citizens, the University is not obligated to defend or respond to public criticism related to:

• personal opinions unrelated to academic expertise,
• political or ideological statements made in a private capacity,
• personal social media activity not tied to scholarship or teaching.

III. What Providing Institutional Support Means

The University will support faculty who experience threats, pressure, or public criticism arising directly from their teaching, research, or scholarly work. When a situation falls within the scope of academic freedom, institutional support may include:

• legal and procedural guidance or defense;
• media and communications coordination or strategy;
• mental health and employee support services;
• a public statement affirming University values and the faculty member’s academic role (when appropriate);
• safety planning or security measures, if needed.

The administration’s practice is to respond to all inquiries or complaints and to inform the faculty member of any actions taken.

Where appropriate, similar institutional support processes may also be extended to staff who face threats or legal claims because of work performed in support of faculty teaching, research, or public scholarship and within the course and scope of their University employment.

For purposes of clarity, staff members who are acting within the course and scope of their assigned University responsibilities, including grant-funded and University-approved projects, fall within the University’s normal employment-based support framework when concerns, threats, or legal claims arise from that work.

IV. Preparing for Public-Facing Scholarship

Faculty planning to engage publicly (e.g., op-eds, media interviews, public-facing digital projects) should:

1. Ensure Alignment Between the Opportunity and the Faculty Member’s Scholarly Expertise

• Complete IRB review where applicable.

2. Consult Resources as Needed

• Associate Vice President for Academic Affairs (AVPAA will coordinate support with Marketing & Communications or Campus Safety when relevant.)

3. Understand What the University Insurance Does and Does Not Cover

• Insurance responds only when a qualifying legal claim or lawsuit is filed that alleges a wrongful act tied to the faculty member’s professional duties.
• Insurance does not cover public criticism, harassment, reputational harm without a lawsuit, or personal-capacity social media activity.

V. University Liability Insurance

When an employee (faculty or staff) is acting within the course and scope of their University responsibilities and faces harassment, threats, reputational harm, or a legal claim because of fulfilling those duties, several layers of insurance may apply.

1. Educators Legal Liability (ELL)

ELL is the University’s primary protection for alleged wrongful acts arising from an employee’s professional capacity. While not every situation will fall under this policy, ELL can respond when:

• A wrongful act is alleged (e.g., negligence, failure to supervise, defamation, retaliation).
• A claim or lawsuit is filed naming the employee or the University.
• The allegation is tied to teaching, research, advising, administration, or similar duties.

If these conditions are met, the ELL policy may provide:

• Defense counsel;
• Defense costs;
• Settlements or judgments;
• Coverage for Board members, officers, faculty, and staff acting within their professional capacity.

2. General Liability (GL) Coverage

The University’s GL policy may also provide coverage when a claim or lawsuit arises from actions taken by a faculty member in the course and scope of their employment, but only for specific insured causes of loss, such as:

• Bodily injury;
• Property damage.

Defamation is excluded under the GL policy, so GL will not respond to defamation-based allegations.

Under the GL policy:

• The University is the named insured
• Faculty and staff are treated as insured individuals
• The carrier provides:
• Defense counsel,
• Settlement or judgment coverage,
• Subject to policy terms, conditions, and exclusions.

3. Media Liability Under the NSPL / Cyber Policy

While GL excludes defamation, the NSPL/Cyber policy includes media liability coverage, but only for defamation arising from media content, defined broadly as:

“Any data, text, sounds, images, graphics, music, photographs, advertisements, videos, streaming content, webcasts, podcasts, blogs, online forums, or social media content.”

A Media Incident includes errors, misstatements, omissions, negligence, or breach of duty in the public display of Media Content on:

• The University’s website or printed materials; or
• Social media or online platforms managed by or on behalf of the University.

Covered media-related allegations include:

• Copyright/trademark infringement;
• Defamation, libel, slander, harm to reputation;

Invasion of privacy;

• Product disparagement or trade libel;
  Emotional distress resulting from media publication;
• Improper linking, framing, etc.

However:

• This policy covers only the University’s liability for media-related defamation.
• It does not cover the cost of the University or a faculty member suing someone else for defamation.
• It does not cover personal-capacity social media activity by an employee.

4. What Insurance Does Not Cover

Insurance does not respond in the absence of a legal claim. The following events do not trigger insurance:

• Public criticism or media campaigns
• Online harassment or social-media backlash
• Academic or political disputes
• Reputational harm where no lawsuit is filed

VI. If Public Pressure, Criticism, or Threats Occur

Step 1 — Evaluate Safety

If there is an immediate safety concern:

• Call 911 or SU Police Department: 512.863.1944

Then notify:

• The Associate Vice President for Academic Affairs

Step 2 — Report Non-Safety Concerns

If the situation involves media attention, reputational pressure, sustained disruption, or coordinated outreach, but no immediate threat:

• Contact the Associate Vice President for Academic Affairs, who will coordinate the appropriate internal response.

The Associate Vice President for Academic Affairs, the Vice President for Academic Affairs, and the chair of the Faculty Steering Committee will:

• provide documentation,
• assess whether the matter falls under academic freedom,
• connect to campus resources and support teams,
• coordinate with Vice President for Integrated Communication & Marketing (if appropriate),
• determine whether an external or public institutional response is appropriate.

The Associate Vice President for Academic Affairs will report out to the Faculty Steering Committee.

VII. Key Principles to Remember

• You have academic freedom in your professional capacity.
• You have freedom of expression as a private citizen, but the University may not protect or defend personal speech.
• Transparency, communication, and proactive planning reduce uncertainty.
• The University’s commitments are rooted in the values of academic freedom, not in guaranteeing public defense for all speech.

Endorsed by faculty on April 27, 2026