kadie@m.cs.uiuc.edu (Carl M. Kadie) (05/21/91)
[I posted this to the Computers and Academic Freedom (CAF) mailing
list late last week. For info on the list send mail to
listserv@eff.org. Include the lines "help" and "longindex".
- Carl]
Most university policies on computing resources are heavy on
prohibitions and light on permissions. (Look, for example, at the
policies collected in CAF archive available via anonymous ftp from
eff.org in directory academic/widener). I believe that there is a
natural evolution from no policy, to an informal policy, to an overly
proscriptive policy, to a policy that balances rights and
responsibilities.
I see this pattern everywhere, even in the evolution of the modern
nation; however, I would like to describe a more mundane instance, the
evolution of university student policy. Understanding this example
should help us predict and guide the course of academic computer
policy.
For my case study, I've looked at the student policy of the University
of Illinois at Urbana-Champaign, a public, land-grant and research
university. In the material below, idented paragraphs are quotes
[execpt for my comments in square brackets].
The 1904 "Regulations for the Guidance of Undergraduate Students"
starts out on a high note:
In connecting himself with the University, the student neither
looses the rights nor escapes the responsibilities of the citizen.
As far as due process, it says that a student can be suspended from
any class by the instructor for "sufficient reason" for up to three
days, and that such suspensions shall be reported immediately to the
President.
Here are some other regulations:
35. Smoking is not permitted in any of the public buildings of the
University.
...
37. [S]ubjecting fellow-students to indignities of any character
is a violation of university discipline. [This is a reference to
hazing.]
38. The posting or distributing of advertisements of university
occurrences, entertainments, etc, in saloons is forbidden.
...
40. The Council of Administration will summarily discipline any
student found guilty of betting, of frequenting saloons, or of becoming
intoxicated.
...
Meetings In University Buildings
...
44. No society or association may be organized among the students
of the University without permission of the Council of Administration,
and no change in the character of the regulations of such society or
association may be made without such permission.
45. The Council reserves the right to withdraw its authorization
from any society of students, if, in its judgment, the well-being of
the University requires such action.
...
49. No public entertainment or exhibition may be given by students
except by permission of the Council of Administration. After
permission is obtained the dates for such entertainments or
exhibitions must be entered at the President's office, at least two
weeks before their occurrence, and all programs for the same must be
approved by the Dean of Undergraduates or, in the case of a women's
meeting, by the Dean of Women.
The 1908 Regulations are about the same except that they
now cover the student newspaper, the Daily Illini. The paper
is run "Board of Control" made up of two faculty members
(appointed by the Council of Administration), three students
(elected by the readership), and editor and business manager
(also students). The regulations say:
78. 4. The Board of Control shall consider and decide questions
relative to the size, price, contents, and general policy of the
paper.
By 1911, the Daily Illini had become a not-for-profit corporation
(subject to the general authority of the Council of Administration).
The trustees of the corporation were three faculty (appointed by the
Council) and three elected students. The trustees selected (and could
fire) staff and decided the relative space given to various classes of
contents.
By 1930, the rules had changed a bit:
62. Organizations with Secret Memberships -- A student who is a
member of any student organization which maintains a secret membership
or who is affiliated which such an organization is subject to
University discipline.
...
[Smoking was prohibited not just from University buildings, but
also from the University grounds]
...
64. Use of Intoxicating Liquors; Betting -- (a) Any student who is
guilty of betting, illegally using intoxicating liquors [this was
during Alcohol Prohibition], or immoral conduct is subject to
dismissal from the University.
...
66. Civil Offenses -- Any student fined or imprisoned by the
civil authorities thereby becomes liable to University discipline.
...
Living Quarters
70. Living Quarters of Students -- No unmarried undergraduate
student may occupy living quarters in which there does no reside some
person in general charge approved by the University.
...
74. The Woman's Building Reserved for Women Students -- The Woman's
building may not be used for regular meetings of clubs and similar
organizations, unless they are composed exclusively of women of the
University.
75. Initiations on the Campus -- Student organizations, including
literary societies, are permitted to use University buildings and
grounds for the purpose of conducting initiations only on condition
that all horseplay and the like shall be eliminated from the programs
of such initiations.
...
[The number of Daily Illini's board members (formally trustees) was
up to eight, four appointed faculty and four students. A quorum was
made up of four members and tie votes were decided by the Council of
Administration.]
...
APPENDIX II - LIBRARY REGULATIONS
Use of Books -- The Library is primarily for free reference use.
In 1932 the size of the regulations was cut from 77 pages to 14 pages.
The introductory paragraph about being a citizen was cut. All of the
disciplinary rules were condensed to one rule:
27. Basis for Discipline -- A student may be disciplined for any
conduct prejudicial to the best interests of the University. Any
student fined or imprisoned by the civil authorities becomes liable to
University discipline.
[The no-smoking-on-campus (even outdoors) rule also survived the
cut; as did the rule requiring supervision of undergraduate living
quarters.]
At about the same time the Regulations was cut, a new booklet was
created. This was the Code of Student Affairs. [The earliest copy of
the Code that I could find in the library was from 1950].
By 1938, smoking was allowed outside, in smoking rooms, and at
dances.
By 1944, the "Basis of Discipline" had gotten a tiny bit more
specific:
26. Basis for Discipline -- The University reserves the right to
exclude at any time students whose conduct is deemed undesirable or
prejudicial to the University community's best interest, example of
which, without excluding others, are gambling, visiting or loitering
in the vicinity of places of ill-repute, violations of law involving
moral turpitude, intoxication, and disorderly conduct. Students may be
subject to discipline for other sufficient cause.
The 1950 Regulations are almost identical to the 1944 Regulations.
The biggest difference is that smoking was allowed in offices
and first-floor hallways.
The 1950 Code on Student Affairs provides more information. It
details the organization of the student senate and regulates
student organizations. For example, it says:
Article 4 - Unrecognized Organizations -- V. Section 13 --
Forbidden Organizations -- Organizations with purposes or practices
contrary to morality, to education, or to public or University
welfare, or with a secret membership will not be permitted to exist on
the campus.
214z
The chapter on University Facilities says that student organization
may use University rooms for purposes approved by the Committee on
Student Affairs. Also, that noncommercial notices (including
room-for-rent, etc) may be posted to University bulletin
boards if the notice is signed and dated.
In 1956, the size of the "Basis of Discipline" section in the
Regulations tripled as two paragraphs prohibiting intoxicants from
undergraduate housing and from the activities of undergraduate
organizations were added.
In 1958, an administrative order of the President set down
rules for visiting speakers. The rules are prefaced with this:
The University of Illinois Statutes (Section 39a) state, "It is
the policy of the University to maintain and encourage full freedom
within the law, of inquiry, discourse, teaching, research, and
publication ..." Consistent with this policy the Senate Committee on
Visiting Speakers will maintain the tradition of full freedom of
discourse for visiting speakers within the limitations imposed by
law, rules of the Board of Trustees, University regulations, and the
welfare of the University.
[With classic doublethink, it then probibits full discource:]
1. Subversive Organizations. The Illinois Statutes provide [...]:
No Trustee, official, instructor, or other employee of the University
of Illinois shall extend to any subversive, seditious, and un-American
organization, or to its representatives, the use of any facilities of
the University for the purpose of carrying on, advertising, or
publicizing the activities of such organization."
[It also requires that student organizations get approval before
having in a visiting speaker.]
In 1959, the "Basis of Discipline" again increased as three
paragraphs were added:
Unauthorized mass demonstrations are not approved by the
University. In the event of any unauthorized assembly, any student
involved as an inciter, leader, *or as a follower* [the "*"'s
mark italics in the original] is a participant and is subject to
University discipline.
Any student who alters or mutilates any official document
of the University, i.e. identification card, program card, charge
slip, receipt, transcript of credits, etc., is subject to dismissal.
Any student withholding information or giving false information on
his application for admission or readmission may become ineligible for
admission to the University or subject to dismissal.
Also in 1959, the purpose of the library changed. Before it was for
free reference use, now:
The Library exists primarily in order to circulate books to the
faculty and student body of the University.
The house regulations also changed in 1959, unmarried undergraduate
students were required to live in housing approved by the University.
The Code on Undergraduate Student Affairs of 1963 starts out: "The
guiding principle underlying any student regulation of the University
of Illinois is its contribution to the best interests of the majority
of the students of the University." It says that recognition of a
student organization can be "refused or withdrawn at any time because
of policies or practices inimical [meaning hostile or harmful] to
education or to the best interests of the University, excessive fees
or dues, inactivity or noncompliance with University regulations."
Organizations with secret memberships are still forbidden.
In 1961, the Trustees added this to the rules on visiting speakers:
2. Political Speakers. University building and grounds shall not be
used for political purposes except for candidates for nomination or
election to state-wide or national offices may appear in person to
make political address.
In the 1964 Regulations, mass demonstrations where still prohibited.
Some picketing and distribution of printed material was, however,
allowed. Distribution of printed material was allowed, for example,
if:
1) Individuals or groups responsible for distribution of printed
materials must be identified
2) Distribution of such materials inside buildings is prohibited,
except at properly authorized meetings and then only with the consent
of the group sponsoring the meeting.
[...]
Between 1960 and 1964, the administration of discipline also changed,
for the first time, students were guaranteed:
b. Notification -- (1) The student is notified in writing in
advance of the time and place of his hearing before the Subcommittee,
of the precise nature of the charges against him, of his rights, and
of the possible penalties that might be imposed. (2) The Student is
informed in writing of the decision of the Subcommittee.
c. Admissible Evidence -- (1) The student is invited to review in
advance the evidence that will be introduced at his hearing. (2) --
the Subcommittee excludes from its consideration any evidence except that
presented at the hearing.
d. Appeals of Subcommittee Decisions -- (1) The Senate Committee
on Discipline may hear cases appealed to it. [...] paragraph b.) (2)
Any student seeking an appeal from the decision of a Subcommittee on
Student Discipline is granted that privilege.
By 1971, more student rights were recognized. Seniors could live
were they pleased and no student's housing had to be supervised by
someone approved by the University. In addition, all students
were allowed to regulate their own hours, subject to house rules
and procedures.
The "Basis of Discipline" section was now almost five pages long. The
University still forbid any "conduct deemed undesirable" including
loitering in the vicinity of places of ill repute. Unauthorized
demonstrations were no longer banned, but disruptive or coercive
actions at such demonstrations were. (In fact, you could lose
your federal financial aid if you took part in a disruptive
demostration.)
In September of 1971 everything changed. The Chancellor approved the
Statement on Individual Rights. For the first time since 1931 students
were explicitly recognized as citizens. The Statement begins:
STATEMENT ON INDIVIDUAL RIGHTS -- I. Preamble -- A student at the
University of Illinois at the Urbana-Champaign campus is a member of
the University community of which all members have at least the rights
and responsibilities common to all citizens, free from institutional
censorship; [...]
Any rules or regulations considered necessary to govern the
interaction of the members of the University community are intended to
reflect values which the community members must share in common if the
purpose of the community to advance education and to enhance the
educational development of students is to be fulfilled. These values
include the freedom to learn, free and open expression within limits
that do not interfere with the rights of others, free and
disinterested inquiry, intellectual honesty, sustained and independent
search for truth, the exercise of critical judgment, respect for the
dignity of others, and personal and institutional openness to
constructive change. The following enumeration of rights shall not be
construed to deny or disparage others retained by these individuals in
their capacity as members of the campus community or as citizens of
the community at large.
[Freedom of expression was guaranteed:]
A. Discussion and expression of all views is permitted within the
University subject only to requirements for the maintenance of order.
[...]
B. Members and organizations in the University community may invite
and hear any persons of their own choosing, subject only to reasonable
requirements on time, place, and manner for use of University
facilities.
C. The campus press and media are to be free of censorship. The
editors and managers shall not be arbitrarily suspended because of
student, faculty, administration, alumni, or community disapproval of
editorial policy or content.
The right to peaceful protest was also recognized, as was privacy.
Even within University-owned dorms and offices, a search warrant would
be required before a search could be made. Student were allowed to
form organizations for any purpose and the membership lists of such
organizations could be kept confidential. Students were allowed to
invite any person of their choosing to speak, "The University's
control of campus facilities should not be used as a device of
censorship. It should be made clear to the academic and larger
community that sponsorship of guest speakers does not necessarily
imply approval or endorsement of the views expressed either by the
sponsoring group or the institution."
The rules for handout materials changed (kind of):
A. Any individual may distribute leaflets, handbills, samples, and
other type materials without prior approval [but not inside some
buildings. Also you can't litter.]
[...]
C. Those distributing such materials should be aware that nothing
in this policy in any way relieves them of personal responsibility for
violation of civil laws.
In 1972 the Code on Campus Affairs and the Regulations were combined
into one booklet. The first part, Code, included the Statement on
Individual Rights. The second part, Regulation, included provisions,
some of which contradicted the code. For example, the code still
required that groups distritbuting printed handout material be
identified. Also, it still allowed the University to punish students
for any "sufficient cause" including, but not limited to "loitering in
the vicinity of places of ill repute."
In 1973 the contradictions were fixed. Rules about handout material
were removed from the Regulation part of the booklet. The any "sufficient
cause" paragraph was replaced by a new section:
It is in the best interest of the University of Illinois and all
persons who are students or who may desire to become students at the
Urbana-Champaign campus that the basis for discipline at this campus
be clearly defined. The University discipline system recognizes that
not all violations of local, state, and federal law effect the
interests of the University community, and that discipline system
accepts jurisdiction only in those instances in the University
community's interest is substantially affected. The University
discipline system may take action only upon the following bases:
1. Students Currently Enrolled
a. Academic violations
b. Violations of the the University vehicular or bicycle regulations
c. Appeals and referrals from student judiciaries arising from
violations of regulations.
d. All actions that occur on University premises or property and
that result in violation of local, state, or federal law or Board of
Trustees' action or any University rule of conduct
e. All actions that violate any of the laws or regulations cited in
Section d above and that substantially affect the University
community's interest, even though such actions do no occur on
University property
f. All cases referred to the discipline system following summary
suspension by the Chancellor.
Since 1973, there has been little need for change. In 1983 the
purpose of the library changed again. Now it "exists primarily to
circulate material [was "books"] to the faculty and student body of
the University. More recently, smoking was banned indoors if smokers
and nonsmokers might both be there.
Over time the University's has given more and more protection to
freedom of expression, freedom of association, and privacy. Also, the
University has gone from vague prohibitions against any "conduct
deemed undesirable" to explicitly listing prohibited conduct. (It says
that clearly defined policies are in everyone's best interest).
Today, on this campus, the Directory of NCSA can order a
search of a users disk space if he thinks that it might contain
clues about email that "attempt[ed] to disadvantage NCSA". I think
this policy is literally 20 years behind the times.
Inevitably computer policy will come into line with general University
code. I hope that unstanding the history of University policy will
make this happen sooner rather than later.
--
Carl Kadie -- kadie@cs.uiuc.edu -- University of Illinois at Urbana-Champaign