StudentAffairs.com Case Study Free Speech on Campus StudentAffairs.com Case Study Team Leader: Sarah Hyunji Lim Melanie Pflucker & Quincy Kissack University of Maryland - College Park
Meet the Committee! Quincy Kissack Sarah Lim Melanie Pflucker Quincy Kissack Sarah Lim Melanie Pflucker Associate Director for Student Involvement President of the University Student Association Associate Director of the Alumni Association Other Committee Members: Dean of Students Ronald Granger, Legal Representative, Police Chief of Campus Safety, Chair of the Sociology Department, Associate Director of Campus Events and Services.
Issue and Objective Overview Issue: Free speech and campus safety issues for controversial forums, speakers, protests and other events. Objective: Guidelines for outside speakers and events
Metro University Overview Secular private university Mid-size university In a large metropolitan area in the East coast Metro University believes a university is defined by discourse, discussion, and debate, all carried out communally by speaking and listening openly and candidly with courtesy. Thus, the university leads with example; a university that sends contrary signals betrays its mission.
Current Free Speech Policies We encourage all faculty, students and staff to speak, write, listen, challenge and learn. Metro University will not insulate individuals from ideas and opinions they find unwelcome, disagreeable, or deeply offensive. Deliberation or debate may not be suppressed. It is the role of individual members of the university to openly and vigorously contest the arguments and ideas they oppose. It is Metro University’s policy to provide all members of the university community, including faculty, students and staff, the broadest possible latitude to speak, write, listen, challenge and learn It is not the proper role of Metro University to insulate individuals from ideas and opinions they find unwelcome, disagreeable, or even deeply offensive. Deliberation or debate may not be suppressed because the ideas put forth are thought by some or even by most members of the University community to be offensive, unwise, immoral, or ill conceived. It is for the individual members of the University community to openly and vigorously contest those arguments and ideas that they oppose
Current Policies for Marketing, Events, & Protests Only members of the University community may post marketing materials or have a tabling event. Campus media will not be censored but should adhere to University values. Members of the University community can invite anyone to speak at event. Requests to host external groups/speakers in classrooms are subject to review and consideration; All events must be sponsored by university department or org with access to benefits Protests are a form of free speech. Anyone may protest an event as long as they do not violate the speaker’s right to free speech and the audience’s right to see/hear the speaker
Current Policy for Violations Examples Harassment Policy Protected Categories Removing flyers or other materials. Limiting the ability to express a view or perspective. Expression that violates the law, falsely defames a specific individual, constitutes a threat or violates the University Harassment Policy Verbal/physical conduct that denigrates/shows hostility to an individual b/c of Protected Category Has the purpose/effect of: interfering with an individual or third party’s academic/work performance; creating an intimidating, hostile or offensive environment; or affecting academic or employment opportunities. On the basis of age, color, disability, family responsibilities, gender identity and expression, genetic information, marital status, national origin and accent, personal appearance, political affiliation, pregnancy, race, religion, sex, sexual orientation, source of income, veteran status, or other factors.
Current Policy for Reporting & Disciplinary Action Follow Up Disciplinary Action Concerns related to a violation of free speech and expression can be reported to the Office of the Vice President for Student Affairs by emailing: speechandexpression@metro.edu A response will be given within 2 business days. The VPSA will review and refer incidents to appropriate offices to follow up.. Violations by students will be handled through the Office of Student Conduct
Benchmarking: selected public institutions PURDUE UNIVERSITY OF MICHIGAN UNIVERSITY OF ILLINOIS URBANA-CHAMPAIGN UNIVERSITY OF MINNESOTA NORTHWESTERN UNIVERSITY Institutions: In an effort to ensure our value in free speech, we looked into selected public institutions who are restricted by a stronger enforcement of free speech. Purdue Campus has designated spots for speeches and protests and the only rule is that events “do not violate other University policies” It is not up to the university to take action and decide what is right, it is up to the individuals to contest all ideas. “Threat: A serious expression of intent to commit an act of unlawful violence to a particular individual or group of individuals or to cause damage to another person’s property, or other conduct which threatens or endangers the health and safety of another person or another person’s property.” A succinct definition of a threat. This is against university policy. University of Michigan The university will decide whether speeches are hateful or not. Threats are something that could “interfere” or “create an intimidating, hostile, offensive, or abusive environment” University of Minnesota Demonstrations are allowed if there are not more than a 100 people there. If there are, the presentation is allowed if you have a permit, and the permit only has to do with logistical information. Northwestern University Students can invite whoever they want and are free to assemble. “A bias incident is an act of conduct, speech, or expression to which a bias motive is evident as a contributing factor (regardless of whether the act is criminal). Sanctions may be imposed for students found to have committed hate crimes and for bias incidents that involve conduct that violates laws or University policies, specifically including the University’s Discrimination and Harassment Policy.” A speech that has a bias motive is considered a punishable offense. University of Illinois Urbana-Champaign “Organizations that want to host formal programs including but not limited to demonstrations, rallies, speeches, concerts, vigils, and film screenings on Anniversary Plaza must submit a Space Request Form to and receive prior approval for the proposed event from the Office of Registered Organizations.” There is an approval process through the university that guest speakers must go through, but this approval process can never be used as a method for censorship. Approving a speaker does not reflect on the university
Institutional trends University of Michigan Purdue The University can decide whether speeches are hateful or not. Institutional trends Purdue It is not up to the university to take action, it is up to the individuals to contest all ideas. University of Minnesota If there are more than 100 people expected, the presentation/event is allowed with a permit. Northwestern University Students can invite whoever they want and are free to assemble. Speech that has a bias motive is considered a punishable offense. University of Illinois Urbana-Champaign There is an approval process for guest speakers and other formal programs. Organizations must submit a Space Request Form. Purdue Campus has designated spots for speeches and protests and the only rule is that events “do not violate other University policies” It is not up to the university to take action and decide what is right, it is up to the individuals to contest all ideas. “Threat: A serious expression of intent to commit an act of unlawful violence to a particular individual or group of individuals or to cause damage to another person’s property, or other conduct which threatens or endangers the health and safety of another person or another person’s property.” A succinct definition of a threat. This is against university policy. University of Michigan The university will decide whether speeches are hateful or not. Threats are something that could “interfere” or “create an intimidating, hostile, offensive, or abusive environment” University of Minnesota Demonstrations are allowed if there are not more than a 100 people there. If there are, the presentation is allowed if you have a permit, and the permit only has to do with logistical information. Northwestern University Students can invite whoever they want and are free to assemble. “A bias incident is an act of conduct, speech, or expression to which a bias motive is evident as a contributing factor (regardless of whether the act is criminal). Sanctions may be imposed for students found to have committed hate crimes and for bias incidents that involve conduct that violates laws or University policies, specifically including the University’s Discrimination and Harassment Policy.” A speech that has a bias motive is considered a punishable offense. University of Illinois Urbana-Champaign “Organizations that want to host formal programs including but not limited to demonstrations, rallies, speeches, concerts, vigils, and film screenings on Anniversary Plaza must submit a Space Request Form to and receive prior approval for the proposed event from the Office of Registered Organizations.” There is an approval process through the university that guest speakers must go through, but this approval process can never be used as a method for censorship. Approving a speaker does not reflect on the university
Proposed Policy Changes # 1 Space Request Forms # 2 Training on free speech and policies # 3 Speech and Expression Committee
Space Request Forms Departments and organizations must always submit a Space Request Form for all formal programs. Demonstrations and events with an expected attendance of 100 people or more, or hosted in an inside or outside location with an occupancy of 100 people or more, are required to have an added Permit Form before space is reserved.
Space Request Forms (Continued) The permit guarantees an implementation of all the extra expected logistical information, such as Fire Safety, necessary presence of Campus Police, description of purpose of an outside speaker, and any other large event logistical information. Permit requirement will not be used to restrict any events, aside from those violating other campus policies and Harassment Policy, but rather be to ensure proper planning for the safety of all campus communities.
Free Speech and Policies Training The Student Involvement Office and the Campus Events and Services Office will collaborate to create and facilitate the trainings. The trainings will cover an explanation of Metro University’s Free Speech and Expression Policy and any other relevant policies. The training will also offer guidance on how to address any free speech and expression issues that may arise during an event.
Free Speech and Policies Training (Continued) All campus organizations must have at least one representative attend a Free Speech and Expression and campus policies training at least once a year. If a campus organization does not receive the mandatory training, any and all Event Request Forms will not be approved until training is met. This will ensure all campus organizations are aware of the Metro University Free Speech and Expression and Campus Events policies before any event is held.
Free Speech and Policies Training (Continued) All Campus Police officials that will serve as added security for large campus events must also undergo the Free Speech and Expression and campus policies training. This will ensure all campus police officials will not engage in the obstruction of free speech and expression, unless any physical or verbal actions, or the event as a whole, violate policy.
Speech and Expression Committee Concerns related to free speech and expression can be reported via a form to speechandexpression@metro.edu. The Vice President for Student Affairs and the Free Speech and Expression Committee will review all complaints and refer incidents to any and all appropriate offices. The committee will also hear any appeals regarding the enforcement of Metro University Free Speech and Expression policies.
Speech and Expression Committee (Continued) The committee is composed of: 4 undergraduate students, 1 graduate student, 4 faculty or academic administrators and 2 representatives from the Division of Student Affairs. Committee members will be appointed as follows: All student representatives will serve a one year term, with undergraduate students appointed through a campus-wide application process, and the graduate student appointed by the Graduate Student Organization. Faculty and Student Affairs representatives will be appointed for two-year terms. All committee members must also receive Free Speech and Expression Training at the start of their term.
Proposed Policy Changes Timeline # 1 Space Request Forms Update Space Request Form and Permit Form on online system by the end of April 2018 Implement during early space request period in May 2018 and new academic year August 2018 New Free Speech and Expression Training Workshops will be created by the end of June 2018 Campus Police will receive training early July 2018 Workshops for student orgs will begin end of July 2018 # 2 Free Speech Training Student applications will be open during April 2018 All student, faculty and staff appointments will be made early May 2018 Committee members will receive training July 2018 # 3 Free Speech and Expression Committee This timeline will allow for smooth transition into a new system for the new academic year.
Questions?
Resources & References Used PEN America on Campus Free Speech https://pen.org/sites/default/files/PEN%20America%20Principles%20on%20Campus%20Free%20Speech.pdf University of Chicago https://provost.uchicago.edu/sites/default/files/documents/reports/FOECommitteeReport.pdf Georgetown University Speech and Expression Policies https://studentaffairs.georgetown.edu/policies/speech-expression Benchmarking https://www.thefire.org/fire_speech-codes/purdue-antiharassment/ https://www.thefire.org/schools/university-of-michigan-ann-arbor/ https://www.thefire.org/schools/michigan-state-university/ https://www.thefire.org/schools/university-of-minnesota-twin-cities/ https://www.thefire.org/schools/northwestern-university/