Free speech is a foundational principle necessary for genuine education. Learning cannot take place and knowledge cannot be expanded unless both students and instructors are able to challenge accepted ideas and freely express their own thoughts and feelings.
However, in recent years, this principle has come up against some practical necessities. Universities like Tulane are under increasing scrutiny from the general public and the government, who constantly insist they must toe some ideological line or other. One campus incident, one student who decides to say something “offensive,” is enough to get a school airtime on CNN and Fox News, and that can affect a university’s bottom line.
Students wind up caught in the middle, encouraged to engage in critical thinking and to share their thoughts with colleagues and classmates, but sometimes punished for doing so. If you’re in trouble over something you’ve said, you don’t want to try to handle the situation alone. The issues are too complex, and the stakes can be high—suspension and even dismissal. The LLF National Law Firm is always in your corner, though, and willing to fight for your rights. Our Student Defense Team understands exactly what you’re facing, and we’re familiar with all of Tulane’s processes and procedures.
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 at Tulane University
So what does Tulane actually say about issues of free speech and First Amendment rights? In keeping with the complexities of the situation, the university’s Freedom of Expression policy is complex and difficult to parse.
The policy begins well enough, with a full-throated endorsement of free speech and a bold proclamation that “freedom of expression leads to collective evolution and the common good.”
Great. Only as the policy goes on to note, Tulane also reserves the right to restrict expression when it disrupts university operations or threatens the “dignity” of others. Later, the policy notes that speech acts cannot “coerce,” “intimidate,” or “harass” others into viewing or listening to a message. That creates a blurry line. Does wearing a t-shirt with an “offensive” slogan “coerce” others into reading it, for example? Some of Tulane’s more specific prohibitions would seem to suggest that it might. Students at demonstrations, for instance, are cautioned not to hold signs above their heads where they might prevent others from seeing.
In this sort of atmosphere, virtually anyone can accuse you of anything simply because they are offended. Don’t like someone’s comment in class? Accuse them of violating your rights. You cannot know where an investigation might lead because the rules are so poorly defined. That’s why the moment you find yourself in trouble, it’s crucial you contact the LLF National Law Firm, so we can step in and protect you.
The Rules and Regulations at Tulane
Nothing in Tulane’s Freedom of Expression policy suggests that holding a sign above your head is a punishable offense. However, you should know that there are a number of offenses listed in the university’s Student Code of Conduct that can be used to punish “unacceptable” speech. The most common charges include:
- Obscene or Lewd Conduct: Anything that touches on sexuality can be labeled obscene by others. At that point, whether you’re responsible (guilty) of an offense or not becomes a matter of opinion.
- Harassment and Discrimination: Federal law prohibits discrimination and harassment based on certain protected characteristics, such as age, race, sex, national origin, and religious belief, and Tulane policy follows the law. Taken too far, though, this prohibition can apply to anything that might even potentially make someone feel uneasy. Note that the Code also includes a prohibition on online harassment and cyberbullying.
- Disorderly Conduct: Tulane’s Code also contains a number of offenses related to disorderly conduct. You can be charged, for instance, with failing to follow an official’s directive and with interfering with university processes.
Whatever the charges you’re facing, the LLF National Law Firm can help. We’ve dealt with every conceivable type of misconduct offense, but we also understand when a school’s motivations are being driven by hidden issues like free speech or worries about press coverage. We can help you negotiate a reasonable settlement if that’s what’s called for, but we can also be fierce when it comes to advocating for our clients.
Mounting a Defense
You have some important due process rights as a Tulane student. The university can’t simply accuse you of an offense and impose a sanction. The trick is in understanding the disciplinary system and using your due process rights in the most effective ways possible.
- The Director of Student Conduct has authority over the Tulane disciplinary system. Anyone can accuse you of an offense, but only this official or their designee can officially charge you with that offense.
- Any time you are charged, you’re entitled to notice of those charges. This notice should explain the allegations and provide a detailed list of all your other due process rights.
- The Office of Student Conduct must conduct some type of investigation, whether formally or informally. The school needs some evidence to substantiate any charges against you, or it cannot proceed. During any type of investigation, you have the right to give your version of events. Note, too, that you have a right to review all evidence in the case.
- Following the investigation, you can expect the university to conduct an administrative hearing before a designated Conduct Officer.
- At the hearing, both sides are allowed to present their arguments, including evidence and witness testimony. In addition, you may raise questions about any evidence being used against you.
- At the conclusion of the hearing, the Conduct Officer must decide whether there is a “preponderance of evidence” against you. In simple terms, you are responsible (guilty) if it seems “more likely than not” that you committed the offense.
- You can appeal a “responsible” outcome, but grounds for appeal are strict at Tulane. You need a procedural error, new evidence, or a conflict of interest to convince the university to reopen the investigation.
Throughout this process, your LL Law Firm attorney will help you build your defense and make sure you’re prepared for every procedure you’ll face. We’ll work with you to uncover evidence, coach you in talking with investigators, draft your hearing presentation, and even suggest questions for witnesses. Our most important job, though, is ensuring that Tulane treats you fairly and honors all of your due process rights.
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.