[Vision2020] Professors' union suggests firearms options

[Tom Hansen]

Courtesy of today's (June 9, 2014) Moscow-Pullman Daily News with special thanks to Nick Gier.

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His View: Professors' union suggests firearms options
By Nick Gier, University of Idaho professor emeritus and president of the Idaho Federation of Teachers.
The presidents and their faculty at Idaho's colleges and universities voiced strong opposition to Senate Bill 1254 allowing firearms in our classrooms, but the Idaho Legislature nevertheless passed it. The University of Idaho faculty union hired an attorney to research the legal options for Idaho faculty, and we have sent a copy to all faculty on Idaho's seven campuses. I now offer a summary of his legal memo on this vital matter for the general public. See the complete document at www.idaho-aft.org/GunsCampus.pdf.
In 2008 the U.S. Supreme Court ruled in District of Columbia v. Heller the Second Amendment right to bear arms may be limited in some instances. Specifically, the good justices stated laws that prohibit firearms in schools and government buildings are constitutional. In its passionate Second Amendment absolutism, the Idaho Legislature ignored conservatives on the highest court in the land.
Idaho SB 1254 does exclude firearms from student dormitories and public entertainment facilities of more than 1,000 seats. Other than these exceptions, however, our attorney states the breadth of this new law is "quite extraordinary."
A person with an enhanced concealed carry permit does not actually have to conceal the weapon. Our attorney explains a person "will be allowed to walk around campus and into classrooms with a gun in plain view, and the UI cannot regulate this in any way."
While our attorney believes SB 1254 violates the UI's own constitutional right to administer its own affairs (the UI was established before the state of Idaho), he does not believe it would be advisable for any faculty member or faculty group to sue the state.
First, as odd as it sounds, we may not have legal standing to do so. Second, even if faculty succeeds in challenging the law, the UI itself has already decided to comply with the law, and there is obviously nothing illegal or unconstitutional about its doing so.
Another alternative is to require students attending Idaho's colleges and universities sign a contract stipulating they may not bring firearms to class. In George v. University of Idaho the Idaho Supreme Court ruled "the principal relationship between a college and its students is contractual." Our attorney, however, concedes "not all contracts are legal or enforceable. Agreements which violate public policy or law are sometimes held to be illegal contracts."
Alternatively, Idaho faculty could argue SB 1254 violates their own contracts with their institutions. University policy manuals are considered part of a faculty member's contract, and the UI Faculty-Staff Handbook states the UI "will foster an academic environment conducive to the students' mental, physical, and social development and well-being."
The handbook also requires "certain forms of responsible conduct must be adhered to in order to ensure the physical functioning and safety or security of the (UI) community." Faculty members could very well argue their contractual duties for promoting student well-being and maintaining classroom security are violated by SB 1254.
Most Idaho faculty receive an annual contract stating their salary and conditions of employment. Before signing, language such as the following could be added: "I reserve the right to control what objects and materials students may bring into the classroom."
Faculty members could also put up a sign "no weapons allowed" on their classroom doors, or they could offer an equivalent online course to arms-carrying students. They could also request their classes be held in one of the large halls exempted under the new law.
As we are unsure of the success of legal action against the state, we have recommended to Idaho faculty, if they so desire, to follow through with some of these contractual options or classroom strategies.
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Seeya 'round town, Moscow, because . . .

"Moscow Cares" 
http://www.MoscowCares.com
  
Tom Hansen
Moscow, Idaho

"There's room at the top they are telling you still.
But first you must learn how to smile as you kill,
If you want to be like the folks on the hill."

- John Lennon
  
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