Reminder: employee requirements for compliance with applicable laws and policies

Dear Colleagues, 

You may have seen recent news and social media coverage about employees at UNC System institutions who were secretly recorded making statements raising concerns about institutional compliance with applicable laws and policies. While only a small number of such recordings have surfaced to date, including one involving our campus, we are aware of additional attempts and recognize the potential for more. In light of this growing trend, I wanted to share some important reminders about employee requirements and expectations. 

Upholding laws, policies and ethical conduct
Faculty and staff at UNC Charlotte have shared responsibility for upholding all laws and policies that govern the University. That responsibility includes compliance with the variety of new directives affecting public universities in North Carolina, which we are tracking on this website, as well as long-established laws and policies intended to build trust with the public and in each other. These include:

• The North Carolina Public Records Act, which gives the public the right to access most university-related communications, including emails, text messages and other records made or received in the course of university business, and 
• University Policy 804, Standards of Ethical Conduct, which calls on all of us to conduct ourselves ethically, honestly,and with integrity, and to treat each other and the students we serve with respect and dignity.

Our commitment to transparency and integrity, alongside our support for the constitutional rights of free speech and expression, has fostered a campus culture where we follow the law not just because we must, but because it reflects who we are. We are a community that values both accountability for our actions and authenticity in our interactions.

While compliance with all laws and policies is required, personally agreeing with all of them is not. The UNC Board of Governors has expressly embraced the expression of differing views, including on current political and social issues, and our Board of Trustees has publicly affirmed the importance of promoting diversity of thought without fear of reprisal. At the same time, as stated in our Standards of Ethical Conduct, “[i]t is not acceptable to ignore or disobey laws or policies if one is not in agreement with them, or to avoid compliance by deliberately seeking loopholes.”

Understanding external actors and privacy risks
People and private organizations that are not part of the UNC Charlotte community are not bound by the Public Records Act, our Standards of Ethical Conduct or the First Amendment. 

The recordings we’ve seen in recent days were made by individuals misrepresenting themselves in order to gain privileged access to offices and employees. These individuals have no legal obligation to be truthful about their identities or intentions, and no policy requiring them to present what is recorded in full or in context.

Faculty and staff have long been encouraged to be thoughtful when speaking in public or semi-public settings, whether on campus or off, to ensure personal views are not misconstrued as official university positions or evidence of institutional efforts to circumvent laws or policies. With the increasing prevalence and ease of surreptitious filming, it is more important than ever to communicate with discretion and precision, especially when speaking with unfamiliar individuals or in unstructured conversations.

Our Standards of Ethical Conduct encourage all employees to seek clarification on any legal requirement, University policy or other University directive they find to be unclear. Should you have any questions about policies or laws and how they apply to your role at UNC Charlotte, the Office of Legal Affairs is always happy to assist. 

UNC Charlotte enjoys a proud record of compliance and a longstanding tradition of openness. These values go hand in hand, even when others attempt to use the latter to cast doubt on the former. I trust our community to navigate this moment with care, clarity, and an unwavering commitment to lawful compliance and principled conversation.

Sincerely, 

Jesh Humphrey
Vice Chancellor for Institutional Integrity and General Counsel