223 West Jackson Blvd.
Suite 300
Chicago, IL 60606

October 25, 2019

University of Illinois Board of Trustees
352 Henry Administration Building, MC-350
506 S. Wright St.
Urbana, IL 61801

To the trustees:
Recent reporting by NPR Illinois and ProPublica revealed several cases in which the University of Illinois
at Urbana-Champaign allowed employees who were found to have violated its sexual misconduct policy
to exit quietly and confidentially, sometimes with pay.
These became public because victims were willing to talk anonymously with reporters at WUIS FM-91.9,
whose NPR license is held by the University of Illinois.
The First Amendment of the U.S. Constitution protects such reporting, and the Better Government
Association and the Illinois Press Association strongly object to any effort to constrain it. We urge the
Board of Trustees to take action to assure that the U of I does not interfere with journalists’ right to
gather and report the news.
As you know, university officials have notified WUIS that its journalists, as U of I employees, are required
to report sexual misconduct claims — including the identity of the complainant — to the Title IX office.
This policy is at odds with the First Amendment, which prohibits government actions that abridge the
freedom of the press. U.S. Const. Amend I. The Illinois Supreme Court has noted the "common law
recognition that the compelled disclosure of a reporter's sources could compromise the news media's
First Amendment right to freely gather and disseminate information." Relevant case law holds that
forcing a reporter to reveal a source is permitted only when the public interest in doing so is sufficiently
compelling. Special Grand Jury Investigation of Alleged Violation of Juvenile Court Act, 104 Ill. 2d 419,
424 (1984); see also Branzburg v. Hayes, 408 U.S. 665 (1972)
There is simply no compelling public interest in requiring reporters to forward the names and
complaints of sexual harassment victims to the very institution that failed to protect them in the first
place.
Yet that is precisely what the University of Illinois does by designating journalists at WUIS as
“responsible employees” under its Title IX and Sexual Misconduct policy.
Shining a Light on Government
P: 312.427.8330   www.bettergov.org

 University officials maintain that requiring NPR’s journalists to forward claims to the Title IX office within
48 hours “would not violate any constitutional or other legal protections.” We have asked them to
explain the legal basis underlying that determination. To date they have not.
To be blunt: NPR’s reporting exposed the university’s failure to take appropriate steps when victims
came forward through official channels. Professors who were found to have violated policies were
allowed to resign with assurances that the reasons for their departure would remain confidential. This
no doubt helped them find jobs elsewhere. Some stayed on the payroll during “administrative leave” or
while banned from the classroom.
To sexual assault victims weighing the consequences of coming forward, these accommodations do not
inspire confidence that the university will act in their best interests. It’s reasonable for them to doubt
that the university can objectively balance concerns for its reputation and that of its accused employees
against the need to vigorously investigate sexual harassment complaints and punish violators.
By seeking to intercept future complaints reported to NPR, the university invites further skepticism of its
priorities.
It deprives reluctant victims of a trusted confidante and assures that fewer complaints will be
investigated. This is counter to the intent of Title IX and, again, in violation of the First Amendment.
The university can resolve both conflicts by excepting journalists from the designation of “responsible
employees” under Title IX, just as it does for confidential advisors who provide counseling to sexual
harassment victims.
The BGA and the IPA respectfully ask the Board of Trustees to direct this change.

Sincerely,

Sam R Fisher
President & CEO
Illinois Press Association

David Greising
President & CEO
Better Government Association

Shining a Light on Government
P: 312.427.8330   www.bettergov.org