There was a time when American colleges and universities were bastions of free speech and individual rights. The whole point of going was to open your mind and push your own boundaries. These days, most schools are far more concerned about their bottom lines than with protecting the First Amendment. They live in fear that they’ll wind up on CNN or FOX News and wind up losing funding.

That’s made it ridiculously easy to be accused of disciplinary misconduct over something you’ve said. Any time an instructor takes exception to your opinion in class or a dorm manager decides they don’t like your t-shirt, you can find yourself the subject of a full-scale investigation.

You have rights, though, and the LLF National Law Firm is committed to protecting them. Our Student Defense Team is always on your side and ready to step in any time you find yourself accused of violating university policy. We know what the law has to say about education. We also know how the University of Wisconsin’s processes and procedures work. You can count on us to use every resource at our disposal to ensure you get the best possible resolution to your case.

What can we do for you? Call 888-535-3686 today to find out, or take a few minutes right now and fill out one of our online forms.

Issues of Free Speech at the University of Wisconsin

How does the University of Wisconsin treat students’ First Amendment Rights? Let’s put it this way: You’re required to complete a Free Speech Module during your first semester at the university. Basically, UW wants you to know right up front that saying the wrong thing can get you into serious trouble.

Of course, no one’s going to charge you with “saying the wrong thing.” Generally speaking, universities don’t like giving the impression that they stifle free expression. That doesn’t mean they can’t find some Code of Conduct violation to charge you with when they don’t like what you have to say.

  • Discrimination/ Harassment: There are federal laws that prohibit discrimination and harassment of individuals based on characteristics like age, sex, race, religion, and national origin. Such laws were never meant to apply to speech acts, though the way the University of Wisconsin uses them.
  • Dangerous Conduct: All colleges and universities have the right to prohibit violence on campus. It also makes sense to bar serious threats. However, because “threat” is poorly defined, UW can label virtually any pointed speech as an offense.
  • Disruption: You can also be charged for interfering with normal university operations. Ultimately, any type of protest might be treated as a “disruption.” In certain situations, just raising a point in class might qualify.

No matter what the specific charges, the LLF National Law Firm is on your side. We’re willing to stand up for you, defend your rights, and protect your interests.

Defending Yourself From Charges

UW-Madison can’t simply charge you and impose a sanction. Under the school’s own policies, you have the right to due process, including a presumption of “not responsible” (“not guilty”). Only a preponderance of evidence can overcome that presumption, and you are entitled to raise questions about any evidence the university tries to use against you.

Here’s what you can expect.

  • As soon as someone lodges a complaint against you, the university assigns an Investigating Officer to determine the facts of the case.
  • The university cannot investigate you in secret. If you’ve been charged with an offense, you’ll receive notice of those charges. This notice will include a description of the allegations and a complete list of your due process rights.
  • Investigators are tasked with gathering evidence in the case. As part of their process, they should invite you to give a full statement. In addition, you have the right to offer evidence and to suggest witnesses. You are also entitled to review any evidence they uncover.
  • Once the investigation is complete, investigators turn their findings over to the university, which sets a time and date for a hearing.
  • A hearing is not the same thing as a criminal trial. However, it is an opportunity to make the full case for your innocence. You can introduce evidence, call witnesses to testify, and raise questions about any evidence being used against you.
  • Ultimately, any decision-makers in the case must determine whether there is a preponderance of evidence suggesting your responsibility (guilt). The standard here is whether it seems “more likely than not” that you committed the offense.
  • If you are found not responsible, your case is over. If you’re found responsible, you can appeal. However, you cannot appeal simply because you disagree with the outcome. You must be able to show that you were denied a fair opportunity to make your case. This might include procedural errors, the discovery of new evidence, or a disproportionate sanction.

We mentioned that a university hearing isn’t a criminal trial. One of the key differences is that you aren’t entitled to legal representation. No one can stop you, though, from consulting with the LLF National Law Firm. We can work with you to build your entire case, from helping you identify evidence to coaching you in how to respond to investigators. We can’t speak for you at your hearing, but we can draft your hearing presentation, prepare evidentiary exhibits, suggest questions for witnesses, and even give you practice in delivering your arguments. Most importantly, we’ll keep a close watch on everything that happens and make sure the university treats you fairly.

The LLF National Law Firm Is on Your Side

If you’ve been accused of some type of disciplinary misconduct over something you’ve said, you don’t want to try to handle the situation on your own. Your educational and professional futures are at stake.

The LLF National Law Firm’s Student Defense Team is committed to your future and to ensuring you get justice. We are skilled negotiators, but make no mistake: we’re ready to fight for you any time you need us.

To find out more about how we can help, contact the LLF National Law Firm today at 888-535-3686, or fill out our online questionnaire.

University of Wisconsin-Madison

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