PATFA officers would like to share with you the following four points to make clear your rights as a part-time faculty member within the University of Maine System. Why now? We have received plenty of emails from part-time faculty expressing fear about a raft of political and policy issues across the nation, ranging from classroom freedom to immigration. We think the following can help address the apprehension and confusion.
PATFA is the Part-time Faculty Association of Maine, a union Local of the American Federation of Teachers (AFT). PATFA is also part of the Maine AFL-CIO.
One. Our collective-bargaining agreement with the University of Maine System contains the following language (Article 3) on academic freedom. (The phrase “unit members” applies to all UMS part-time faculty currently employed.) “Unit members shall be free from any censorship, threat, restraint, or discipline by the University with regard to the pursuit of truth in the performance of their teaching, publishing or service obligation. Unit members shall have freedom in classroom presentations and discussion provided that the presentation and discussion are relevant.”
Two. The American Federation of Teachers is thoroughly involved in Washington as an advocate for teachers (including pre-K through 12) and that includes PATFA members. Among its recent information offerings is this one-page primer, “Facing deportation fear in schools, hospitals and places of worship.”
Three. The Maine AFL-CIO in Augusta has full-time staff who are closely involved in information gathering as well as activism involving the Maine Governor’s Office and the Maine Legislature. Maine AFL-CIO watches closely specific bills and their potential effect on workers in Maine, including teachers. PATFA’s president is on the Maine AFL-CIO board and participates regularly in its activities.
Four. The General Counsel’s Office of the University of Maine System recently issued the following guidance for UMS employees – and that includes part-time faculty – if immigration officials visit or request information from you. We include the full text here as well as some links:
Guidance from University of Maine System General Counsel’s office:
| “What should university employees do if immigration officials visit campus? |
- Generally, if an officer or other representative from Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), or other immigration official visits your campus seeking any individual or requesting information about students or employees, you should request that the individual wait; and you should immediately contact your supervisor and call the UMS Office of General Counsel at 207-581-5841. This includes cases where the officer presents a warrant, judicial subpoena, or other official document or order of any kind. If the contact occurs outside of regular business hours, employees should follow their campus’s existing emergency contact protocol.
- If the officer declines to wait, University employees should not physically interfere or obstruct their presence on campus, similar to the presence of local law enforcement. However, university employees are also not required to assist with the apprehension of a person by immigration, customs, or other law enforcement officials.
|
| "What should university employees do if immigration officials request student or employee information? |
- You must contact the UMS Office of General Counsel before responding to any information requests from ICE / CBP or other immigration officials. This applies regardless of whether the request is in person, by telephone, electronically, or otherwise. Again, If the contact occurs outside of regular business hours, employees should follow their campus’s existing emergency contact protocol.
- The Family Educational Rights and Privacy Act (FERPA) protects the privacy of a student’s educational records, including information about their citizenship or immigration status.
- A student’s personally identifiable information must not be shared by an educational institution unless the student consents or certain exceptions apply - many of which are likely not applicable to immigration enforcement activities.
- FERPA allows faculty and staff to disclose only student “Directory Information,” without the student’s written consent; however, remember that a student may choose to also suppress their directory information. Be sure to check the FERPA indicator on the student’s MaineStreet entry before sharing any directory information about the student.
- More FERPA guidance for faculty and staff is available here.
- Employees can also log on to UMS Academy to review the annual FERPA training video.
- The law and University policy also protect the privacy or employee records, and employee files are exempt from freedom of access laws.
- Routine requests for student or employee information that are not related to immigration should be referred to your Registrar or to Human Resources, respectively.
- Do not hesitate to contact the Office of General Counsel if you have questions or if you are unsure how to handle any situation.
|
“Are University employees, University contractors, or University police required to report on the immigration status of students or other employees?
|
- No. Currently, University employees, University contractors, or University police are not required to report on the immigration status of students.
- In addition, FERPA and University policy protect student information and records. Similarly, our employee records are private and not subject to freedom of access laws. Sharing that information without proper authorization is a violation of law and UMS policy.
|
“Are University law enforcement required to assist ICE/CBP?
|
- Our university police departments are not required or authorized to participate in immigration enforcement. However, it is possible that university police could be called upon to assist officials. If university police are contacted to act in this way, please reach out to the Office of General Counsel and we will provide further guidance.
|
“What resources are available for immigrants?
|
- There are a number of organizations assisting immigrants in knowing their rights, including the National Immigrant Justice Center. More resources will be provided in the near future.”
Do not hesitate to contact PATFA with questions. Tom McCord (UMA), president; Michele Cheung (USM), vice president; Pam Mitchel (UMF), treasurer; Araminta Matthews (UMPI), secretary. Email is PATFA@maine.edu. |
