MSU Policy comes under FIRE

As a public institution, MSU is required to uphold all parts of the Constitution of the United States. However, in a recent COVID-19 policy, MSU and the Office of Student Engagement (OSE) began requiring attendance to be taken and reported to administrators at all student club and organization meetings. This controversial policy was questioned by the Foundation for Individual Rights in Education (FIRE), a group that aims to educate students and faculty on their rights as members of America’s universities. 

On Wednesday, July 29, MSU Student Program Manager Randi Maiers sent an email to student organization leaders informing them that all student clubs and organizations would be required to track and report attendance as part of new COVID-19 protocols. Attendance was recorded by two apps, Corq and Campus Labs. Alarming to FIRE was the fact that MSU’s policy did not limit reasons for accessing the lists, nor did it say how long the attendance records would be kept. 

According to FIRE, MSU’s attendance policy was brought to the foundation’s attention by multiple anonymous submissions of concern from students. Lindsie Rank, a program officer in the Individual Rights Defense Program at FIRE, said it is not unusual for complaints to reach them anonymously, since students worry about the potential for blowback from their universities. 

The policy further concerned FIRE because it seemed to intrude upon students’ First Amendment rights. “People can no longer privately engage in political advocacy. It both kills speech and makes effects on groups who could no longer freely assemble,” Rank said. While FIRE deals with a wide array of rights issues like free expression and due process, policy issues surrounding speech and assembly such as MSU’s new COVID-19 policy are the most common. “First amendment cases are our bread and butter,” Rank said. 

In their letter to President Cruzado on Wednesday, Aug. 26, the foundation addressed their many concerns surrounding the constitutionality of the policy. “The right to anonymity in one’s expression and association is protected by the First Amendment,” Rank wrote in the letter. “The health department —and, by extension, MSU—has no need for attendance records from any and all events taking place on campus in order to cope with the current pandemic.”

The day after receiving FIRE’s letter, Tracy Ellig, Vice President of Communications at MSU, responded on behalf of the university. MSU immediately withdrew the policy. “OSE is in the process of crafting and disseminating new language regarding attendance…” Ellig said. Rank said FIRE is “glad MSU responded positively” to their concerns, and stated that FIRE has offered their assistance in helping MSU craft a revised policy. Although MSU has not asked for help yet, Rank said the foundation has some expectations of the new policy. FIRE will “make sure the revised policy makes [recording] attendance voluntary, or only on a need-to-know basis, but not until contact tracing demonstrates a need for knowledge of attendance,” Rank said. 

MSU has yet to release a new student organization attendance policy, despite the ongoing coronavirus pandemic and the restarting of student club meetings this fall. At the moment, attendance is not required to be tracked and reported to university administrators. 

Phoebe Zea and The Exponent are not affiliated, associated or endorsed by the Foundation for Individual Rights in Education (FIRE).