Two of the three Florida Atlantic University faculty members whom the university investigated for social media posts are back at work. Why the third remains out is one of the questions resulting from the investigation.
The report by the Lawson Huck Gonzalez law firm found that FAU acted properly in placing business school professor Rebel Cole, art history professor Karen Leader and English instructor Kate Polak on leave with pay in September; only Polak has not been reinstated. The university acted in response to their private social media posts reacting to the killing of Charlie Kirk, founder of the right-wing political group Turning Point USA.
As WPTV reported, FAU paid name partner and former Florida Supreme Court Chief Justice Alan Lawson $925 an hour for the report. He says he acted with “no presumptive outcome.”
Regarding Cole’s and Leader’s social media activity, Lawson found that it occurred on “personal accounts unrelated to university business” and was not part of their “assigned duties.” Merely working at FAU, Lawson said, does not prohibit faculty from making comments about “matters of public concern.”
In recommending that FAU reinstate Cole and Leader, Lawson concluded that they did not create “disruption to instruction, student welfare or university operations.” Indeed, the only “disruption” seems to have come from what one could argue was FAU’s overreaction. Though faculty members statewide were all over social media after Kirk’s death, among Florida’s 12 public universities, only FAU took matters this far. The University of Florida took the minor step of removing emeritus rights from one retired law school professor.
Then there’s the matter of Polak. Unlike Cole and Leader, an “instructor” is not tenured. She thus is not under the collective bargaining agreement that covers Cole and Leader.
Among faculty members, there is concern that the delay means FAU will offer Polak as a political sacrifice. Gov. Ron DeSantis called Kirk “a warrior for liberty” and ordered education officials to target professors and teachers who criticized Kirk. A proposed House bill would require FAU to rename University Drive after Kirk or lose state funding. A spokesman said FAU does not comment on legislation.
Like Leader, Polak’s social media activity supported those who had criticized Kirk. Leader shared posts that, among other things, called Kirk “racist.”
On the other hand, Cole reacted to the anti-Kirk sentiment by posting to those critics, “We are going to hunt you down. We are going to identify you. Then we are going to make you radioactive to polite society. And we will make you both unemployed and unemployable.”
Lawson called that “rhetorical exaggeration” but “squarely within the sphere of public concern.” His comments might influence whether someone wants Cole for a teacher, but they did not rise to what Lawson called “conduct unbecoming.”
Cole has filed a federal lawsuit, alleging that the suspension violated his First Amendment rights. Leader reportedly is talking with lawyers. Regarding Polak, a spokesman said, “The university does not comment on pending personnel matters.”
Faculty Senate President William Trapani told me, “Faculty are grateful to see two of their colleagues cleared. As important, faculty were happy to see the report correctly reaffirmed the importance of both academic freedom and the notion that we don’t lose our free expression and First Amendment rights just because we work at a university.”
Still, the biggest question is why the faculty had to worry in the first place.
FAU no closer to finding provost
Sources tell me that FAU offered its provost position to Brian Harfe, associate provost at the University of Florida and one of three finalists—Harfe declined. Just last month he came to FAU’s Boca Raton and Jupiter campuses for interviews and spoke enthusiastically about the university’s future.
I’m told that the university suspended Cole, Leader and Polak without consulting the interim provost. In the room were Hasner, his chief of staff and the university’s general counsel.
Rather than pick one of the other two finalists, FAU has added one. He’s Kenneth Dawson-Scully, associate provost and senior vice president for research at the private Nova Southeastern University in Broward County. Dawson-Scully spent 13 years at FAU and retains a professional affiliation.
Whoever gets the job will take over at a tough time. A bill in the Legislature would require all university faculty and all public-school teachers to take a loyalty oath. Also, Gov. DeSantis’ state version of the Trump administration’s Department of Government Efficiency (DOGE) has demanded information on every course taught at a state university.
Hearing scheduled for Save Boca lawsuit
A hearing is scheduled for 1 p.m. today in the lawsuit seeking to keep the Save Boca proposals off the Jan. 13 ballot.
Attorney Ned Kimmelman wants Palm Beach County Circuit Court Judge G. Joseph Curley to issue a temporary injunction to prevent the vote. The city is holding a special election on two proposals that would require a referendum on the “alienation” of one-half acre or more of public land.
Using the standard for proposed amendments to the state constitution, Kimmelman argues that the proposals and ballot language mislead voters and do not contain an adequate summary of what’s before the public. Such a broad referendum requirement, Kimmelman argues, would paralyze Boca Raton.
Kimmelman has dropped Save Boca and founder Jonathan Pearlman from the lawsuit. The remaining defendants are the City of Boca Raton and Supervisor of Elections Wendy Link.
I’ll have an update after the hearing.
Early voting begins for Joe Casello’s Florida House seat
Speaking of elections, Saturday begins early voting in the special election for Florida House District 90. The seat, which came open with the death of Joe Casello, includes Delray Beach.
City Commissioner Rob Long is the Democratic nominee. Long has said that one of his priorities will be to push back on further efforts in Tallahassee to weaken home rule. His Republican opponent, Marie Zack, claimed that Italy used satellites to steal the 2020 election from Donald Trump. Zack wants to eliminate the property tax, which is the main source of revenue for local government.
Long has raised roughly $75,000. Zack has raised $77,000, with roughly $35,000 coming in personal loans and another $25,000 from the Republican Party. Voting ends Dec. 9.
Delray Beach prepares to implement new noise ordinance
Delray Beach hopes to implement the city’s new noise ordinance by March 1.
Last week, city commissioners generally agreed with the proposal crafted by City Attorney Lynn Gelin. The main change from previous ordinances is that this one sets specific decibel limits and relies on technology for enforcement.
As Gelin acknowledged, the challenge is to be “in the right place at the right time.” If, say, a motorcyclist revs his engine over and over to disrupt people dining on Atlantic Avenue, someone must witness it to issue a citation. To draw a citation, excessive noise also must last at least 30 seconds and must be above the “ambient”—normal—sounds in an area.
Commissioners discussed how the hours of enforcement might affect lawn service and construction companies. Despite a plea from the Beach Property Owners Association, there was not a consensus to ban gas-powered leaf blowers.
Gelin said the policy attempts to “strike a balance” between allowing downtown business owners freedom to operate in what everyone acknowledges is a noisy section of town and residents freedom from sleepless nights. She called the policy “a fluid document.” Training for police and code enforcement will precede the full rollout. Warnings will come before citations.
No consensus for expanding Delray entertainment district
During that discussion, commissioners differed on whether to expand the entertainment district to West Atlantic Avenue. Within the district, the noise ordinance will allow higher sound levels until 1 a.m.
Commissioner Long and Angela Burns argued that expansion would increase opportunities for West Atlantic property owners. Mayor Tom Carney and Commissioners Juli Casale and Thomas Markert worried about noise affecting residents. That, of course, is what the noise ordinance is for. Long said his colleagues were treating West Atlantic differently, and not for the better.
Happy Thanksgiving!
My next post will be Dec. 2. Happy Thanksgiving.
