You’ve seen it happening on your own campus, but it’s not just happening at Northeastern University. All over the country, colleges and universities have begun to crack down on student expression. Schools continue to insist they value free speech and First Amendment rights, but their actions don’t always back up their rhetoric.
The result? Students wind up accused of disciplinary misconduct simply for expressing an unpopular opinion. Under pressure from the media and state legislatures, they’re too quick to issue charges, too eager to rush cases through the disciplinary system, and too harsh in the sanctions they impose. Students in recent years have found themselves suspended and even dismissed over nothing more than speaking up.
If it’s happened to you, the LLF National Law Firm can help. Our Student Defense Team understands First Amendment issues on campus. We also have the experience of having defended hundreds of college students from all types of charges. No matter what your situation, we’re on your side and ready to fight for your rights.
What can we do for you? Find out by calling 888-535-3686 today, or take a few minutes right now and fill out one of our online forms.
Free Speech Issues at Northeastern University
All colleges and universities claim to protect free speech. It’s simply a bad look to say openly that you restrict campus expression. After all, the very foundation of education is the process of open inquiry. So if you take a look at NU’s Policy on Demonstrations, it won’t surprise you to see language to this effect.
“Northeastern University supports students, faculty, and staff in the peaceful and orderly expression of views, whether in support or protest, related to issues, actions, events, or opinions, including those about which there may be disagreement.”
Statements like this set up certain expectations among students. Unfortunately, everything that follows this statement places clear restrictions on students’ free speech rights. Protesters are supposed to apply to hold demonstrations. Students are prohibited from blocking entrances to university buildings, disrupting university activities, and even placing signs on university property.
Ultimately, students—and everyone else on campus—are given two conflicting sets of information. On the one hand, you’re encouraged to explore ideas and use your voice as a medium for change. On the other hand, you’re told you can only express your opinions in very specific, pre-approved ways. This opens the door to all types of spurious charges. Any professor who doesn’t like what you have to say in class can accuse you of misconduct. Any student who disapproves of the message on your t-shirt can claim you’re violating school policy.
If you’re facing misconduct charges, don’t expect NU to protect your side. Once you’re accused of an offense, the university becomes your adversary. You need someone in your corner. You need an attorney from the LLF National Law Firm fighting for your best interests.
The NU Code of Conduct
To be clear, NU can’t charge you with “saying something offensive” or “expressing yourself in the wrong situation.” You won’t find these offenses listed in the Code of Student Conduct. There are university policies, though, that, when stretched, can be used to punish you for exactly these behaviors.
- Endangerment: Campus communities need to protect their members from physical harm. No one would suggest that NU should ignore incidents of actual violence or genuine threats of violence. The NU Code also prohibits “endangerment,” though—acts that could “potentially” lead to harm. You could become a target for such a charge if the school decides your words cross some blurry line.
- Harassment and Discrimination: Federal law actually prohibits discrimination and harassment based on certain protected characteristics like race, sex, disability status, and religious beliefs. However, such laws are not intended to limit First Amendment rights to free speech. When NU uses such laws to justify charging students with misconduct, it undermines the intended purpose of these laws.
- Disorderly Conduct: The Code also includes a variety of vague offenses that can be used to punish you when the university doesn’t like something you’ve said or done. You can be charged, for instance, with “disorderly conduct” and “disruptive gatherings.” If you’ve said something in cyberspace that the university disagrees with, you might be accused of “misuse of electronic resources.” You can even be charged simply for failing to properly identify yourself.
Whatever specific charges you’re facing, you can be certain your LLF National Law Firm attorney understands what you’re up against and has a strategy for defending you. We’ve dealt with every conceivable type of charge, and we know exactly what to expect from the NU disciplinary system.
Defending Yourself
Let’s take a look at the NU disciplinary system. As strict as some of the university’s policies can be, you do have some important rights designed to protect you from unfair charges.
- The Office of Student Conduct and Conflict Resolution has jurisdiction over all NU disciplinary matters. Anyone on campus can accuse you of an offense, but the OSCCR must believe accusations are credible and actionable before it issues formal charges.
- If you’ve been charged with an offense, you’ll receive notification of those charges. This notification must include crucial information to help you build your defense, including a detailed explanation of the allegations against you and a complete list of your due process rights.
- The university cannot proceed without evidence to support its charges. This means it must conduct an investigation, and as part of that investigation, you have the right to give your version of events. Note, too, that you must be allowed to review any evidence the school happens to uncover.
- Once an investigation is complete, OSCCR has the option of dismissing the charges or recommending that the case move to a formal hearing.
- The hearing offers both sides the opportunity to present arguments. You may introduce physical evidence, and you may call witnesses to testify. In addition, you have the right to raise questions about any evidence being used against you.
- Hearings take place before either a single administrator or the Student Conduct Board. In either case, the standard of “responsibility” (guilt) is “the preponderance of the evidence.” In short, you are responsible if it seems “more likely than not” that you committed the offense.
- Finally, you have the right to appeal a “responsible” outcome if you can show that you were denied a fair opportunity to present your defense. This could include a procedural error, new evidence, or a disproportionate sanction.
Of course, knowing you have these rights isn’t the same as knowing how to use them effectively. Campus disciplinary procedures can be confusing, even to some attorneys.
The LLF National Law Firm works specifically in the area of student defense. We know how processes and procedures work. We know your rights under NU policy, and we can show you how to use those rights to your best advantage.
Trust the LLF National Law Firm
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.