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Delaware State rescinds NDAs, agrees to let students speak about campus safety

Delaware State University President Tony Allen

Benjamin Chambers / Delaware News Journal / USA TODAY NETWORK

Delaware State University President Tony Allen rescinded sweeping confidentiality agreements on students and promised to foster institutional transparency going forward.

Days after FIREraised the alarm about Delaware State University imposing sweeping confidentiality agreements on students serving on campus safety committees, President Tony Allen the ban and promised to foster institutional transparency going forward. This welcome response restores DSU students鈥 right to freely speak on important campus safety issues.

On March 14, USA Today鈥檚 Kelly Powers the story on DSU鈥檚 requirement that students on the Safe Campus Coalition , tasked with assessing campus safety practices and policies, 鈥渒eep absolutely confidential any and all information related to . . . [their] participation as a committee member.鈥 FIREfeared university discipline for merely speaking to journalists about their committee work. Campus activism came at the price of their silence. 

Delaware State University entrance sign

Delaware State agrees to campus safety initiative 鈥 but only if student participants sign a sweeping NDA

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FIREprotesting the university鈥檚 response to crime on campus now have another worry 鈥 that they鈥檒l get in trouble if they talk about it.

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FIRE explained to DSU on March 15 that it can鈥檛 muzzle students seeking to spread the word about their campus activism. Legitimate privacy interests cannot justify such a broad ban on disclosing 鈥渁ny and all information related to鈥 student committee work. We urged DSU to restore students鈥 expressive rights by rescinding the agreements. 

DSU President Allen did just that: 鈥淥n the confidentiality agreements, we went too far,鈥 he said in a March 17 . He credited FIREand others for bringing this issue to his attention and admirably took ownership for the mishap:

There are raw truths to be examined on all sides. Leaders make decisions, and therefore they also make mistakes. The leaders I admire own up to their mistakes and fix them. That鈥檚 who I aspire to be, and the example I want to set for our students and our community.

We鈥檙e pleased to see DSU own up to its error and promptly fix this violation of students鈥 First Amendment rights. Far too many universities double down on rights abuses rather than admit their actions stifled students鈥 expressive freedom. DSU鈥檚 principled response serves as a shining example of how universities can successfully address rights violations when brought to their attention. 

Now, at DSU, conversations about campus safety can happen where they belong 鈥 in the sunlight. 


FIRE defends the rights of students and faculty members 鈥 no matter their views 鈥 at public and private universities and colleges in the United States. If you are a student or a faculty member facing investigation or punishment for your speech, . If you鈥檙e a faculty member at a public college or university, call the Faculty Legal Defense Fund 24-hour hotline at 254-500-FLDF (3533). If you鈥檙e a college journalist facing censorship or a media law question, call the Student Press Freedom Initiative 24-hour hotline at 717-734-SPFI (7734).

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