COCAO's Recommendation to COPs
Background
The following amendment to HB 2444 was adopted during the 2003 session of the Kansas Legislature regarding teaching about pedophilia and the use of sexually explicit materials in Regents System coursework:
In addition to the other purposes for which expenditures may be made by the state board of regents for fiscal year 2004, expenditures shall be made by the above agency to assure that each university under the jurisdiction and control of the state board of regents develops a policy on the use of sexually explicit materials, including videos, as part of the curriculum of human sexuality classes or other similar classes for undergraduate students, a policy on teaching about the issue of pedophilia as part of such classes and a policy on sexual harassment as it relates to teaching such classes: Provided, That such policies shall be developed and implemented prior to January 12, 2004, and the state board of regents shall keep on file a current copy of such policies.
Consistent with the implementation directive contained in this amendment, COCAO recommends the following policy statement to address the use of all controversial material in the classroom, including the use of sexually explicit materials, teaching about pedophilia and the possibilities of sexual harassment as it relates to all classes.
POLICY STATEMENT ON THE USE OF CONTROVERSIAL MATERIAL IN INSTRUCTION, INCLUDING THE USE OF SEXUALLY EXPLICIT MATERIALS IN INSTRUCTION
It is the policy of the Kansas Board of Regents to require each institution within its jurisdiction to adopt the following set of precepts on the use of sexually explicit materials, the teaching about pedophilia and the conduct and management of courses relative to these topics:
"Students are entitled to an atmosphere conducive to learning and to even-handed treatment in all aspects of the teacher-student relationship. Faculty members may not refuse to enroll or teach students on the grounds of their beliefs or the possible uses to which they may put the knowledge to be gained in a course. Students should not be forced by the authority inherent in the instructional role to make particular personal choices as to political action or their own social behavior. Evaluation of students and the award of credit must be based on academic performance professionally judged and not on matters irrelevant to that performance, whether personality, race, religion, degree of political activism, or personal beliefs.
It is the mastery teachers have of their subjects and their own scholarship that entitles them to their classrooms and to freedom in the presentation of their subjects. Thus, it is improper for an instructor persistently to intrude material that has no relation to the subject, or to fail to present the subject matter of the course as announced to the students and as approved by the faculty in their collective responsibility for the curriculum."
Source: Excerpted from the AAUP’s 1970 Statement on Freedom and Responsibility.
Each Regents university will ensure that existing policy governing sexual harassment is accessible for the purpose of addressing such issues as they might arise from course content or pedagogy. Campus policies on sexual harassment and on the use of sexually explicit materials in instruction will be placed on file with the Kansas Board of Regents.
11/20/03