The issue of free speech on college and university campuses isn’t just controversial, though it certainly is that. It can also be confusing. Schools like the University of North Texas have an obligation to protect students’ First Amendment rights. Institutions of higher education must be places where everyone feels comfortable raising questions, pushing against the boundaries of knowledge, and freely expressing their opinions.

At the same time, in the current social and political climate, schools are terrified that they’ll wind up as some national news story because some student or group of students said or did something offensive. So, even as they claim to support free speech rights, they sometimes place significant limitations on those rights.

Confusion is never good, especially when it has to do with disciplinary misconduct policies and procedures. When rules and regulations are poorly defined, it’s easy to wind up accused of an offense, easy to wind up the subject of an investigation, and far too easy to end up with a serious sanction like suspension or dismissal.

If you’ve been accused of misconduct over something you said, you must take it seriously. That starts with contacting the LLF National Law Firm. Our Student Defense Team understands what you’re up against, and we know how to use North Texas policies and procedures to your benefit.

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.

Defining Free Speech at North Texas University

You would assume that a university with a published free speech policy must take free speech seriously. More often, such policies don’t encourage free speech but rather describe all the ways the school restricts free speech. The University of North Texas’s policy on Free Speech and Public Assembly admits that “freedom of expression” is an “essential component of the educational process.” That admission seems grudging, though, and the bulk of this policy is devoted to explaining exactly how UNT limits free speech.

For example, there’s a list of at least eight free speech activities the school explicitly prohibits, a limit on how many decibels amplified sound systems are allowed to reach, a set of guidelines for how invited speakers should behave, and even rules for how flyers can be distributed.

In an atmosphere like this, where free speech is viewed as suspect, you can’t know when a professor may decide to complain that you were too vocal in class or a cafeteria worker may report you for making an off-color joke. You’re always vulnerable to an accusation. The only way to fully protect yourself is to make sure the LLF National Law Firm is always in your corner and ready to defend you.

The Student Code of Conduct at UNT

UNT isn’t going to charge you with “offensive speech.” “University prohibits free speech” is almost as bad a headline as “Students at the university say something offensive.” There are plenty of Code of Conduct violations that can be used to punish speech acts, though. If UNT decides it doesn’t like what you say, it can charge you with

  • Verbal Abuse: UNT prohibits all physical abuse. Fair enough. Universities should protect their students. North Texas goes further, though, outlawing “verbal abuse.”
  • Harassment: UNT defines “harassment” as “unwelcome verbal conduct” that relates to “race, color, national origin, religion, sex, sexual orientation, gender identity, gender expression, age, disability, genetic information, or veteran status.” You can be charged for almost any negative comment you make about an individual, but you can even be charged for broader statements, such as criticism of a particular religious belief.
  • Disorderly Conduct: In addition to rules against verbal abuse and harassment, UNT maintains a number of rules and regulations relating to your general campus conduct. You can be charged with interfering with normal university operations, for instance, disrupting class, and even “failing to comply” with a university official’s directions.

The good news is that no matter what you’re charged with, the LLF National Law Firm can help you defend yourself. We know the UNT system, including how all disciplinary processes and procedures work. Not only can we explain your rights, but we can also show you how to use your rights to your best advantage.

Navigating the Disciplinary Misconduct System

Let’s talk a bit more about your rights. First and foremost, you are entitled to due process. UNT can’t simply decide you broke a role and dismiss you. Any time you are accused of an offense, you are “innocent until proven guilty” (“not responsible until proven responsible”). The university needs concrete evidence to overcome that presumption, and you must be allowed an opportunity to challenge this evidence.

  • The Dean of Students receives all complaints of campus misconduct. It is up to this official to decide whether a complaint is credible and actionable.
  • If the DOS issues formal charges against you, they will provide you with notice of those charges. This notice must explain the allegations against you and describe your due process rights.
  • NTU must conduct some type of investigation to uncover evidence. You have the right to give your side of the story to investigators. In addition, investigators must allow you to review any evidence they uncover in relation to the case.
  • Following the investigation, the DOS sets a time and date for a Conference with a DOS representative.
  • As part of the Conference, both sides get to present evidence and call witnesses. You also have the right to raise questions about any evidence presented against you.
  • The decision-maker in the case must employ the “preponderance of evidence” standard to determine your level of responsibility. According to this standard, you are responsible (guilty) if it seems “more likely than not” that you committed an offense.
  • You can appeal a “responsible” finding, but to do so, you must be able to show that you were denied a fair chance to present your defense.

The moment you are charged, your LLF National Law Firm attorney can step in and begin preparing your defense. While we cannot speak for you at meetings or at the Conference, we can get you ready to speak for yourself. We can make sure you have solid evidence on your side, help you prepare for investigative meetings, and draft your hearing presentation. No matter what your situation, we’re on your side and dedicated to protecting your 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.

University of North Texas

Tell About Your Case

When the SRO (School Resource Officer) is Involved: Why “Educational Discipline” Just Became “Legal Defense”

In the name of student safety, schools are installing School Resource Officers (SROs) on campus. But SROs’ involvement in campus problems also means that incidents at school can now turn directly into criminal investigations. What parents need to know is this: If your child faces discipline because of an incident […]

Can Schools Punish Students for Social Media Posts? The Mahanoy Standard

A frustrated high school cheerleader walks into a convenience store on a Saturday afternoon. She snaps a photo with a friend, raises her middle finger, and posts a profanity-filled message to Snapchat complaining about school and cheerleading. By Monday, she’s suspended from the cheer squad. Most students would assume that’s […]

State > District > School: How Inconsistent Policies Become a Defense in Student Misconduct

The state is greater than the district, while the district is greater than the school. That probably seems like a weird SAT math problem. However, it describes the legal concept of “preemption,” when a higher authority’s law prevents lower authorities from acting inconsistently with the senior law. And preemption can […]

Zero-Tolerance Discipline Policies Can Undermine Students’ Due Process Rights

Colleges and universities have broad authority to maintain campus safety and enforce student conduct policies. However, students accused of misconduct don’t lose their due process rights simply because allegations are serious. At the higher education level, courts have repeatedly recognized that suspension and expulsion can have life-changing academic and professional consequences. As […]