We all get offended. No matter how open-minded we may think we are, there are lines we won’t cross, viewpoints we simply can’t accept. And maybe we can go further. Maybe we decide some viewpoints shouldn’t even be expressed. We know better—we know the First Amendment protects all speech, even so-called hate speech, but we’re passionate, and maybe we demand that our opponents be silenced anyway. We’re all human.
Colleges and universities aren’t “human,” though, and they have a responsibility to take an objective approach to all campus expression. A school like the University of Oklahoma may want to promote civility and kindness on campus, and we applaud that desire. It cannot be allowed to trump free speech rights, though.
If you’ve been accused of some form of misconduct over something you said or some opinion you expressed, we can help you fight those accusations. The LLF National Law Firm’s Student Defense Team was founded to protect student rights. We know how OU processes and procedures work, and we’re always on your side, no matter what the situation.
To find out more about how we can help with your case, call 888-535-3686 today, or take a few minutes right now and fill out one of our online forms.
Defining Free Speech at OU
Here’s the thing: all public schools pay lip service to the importance of the First Amendment. For one thing, they’re required to protect free speech on campus. Beyond this obligation, though, censorship always inhibits scholarship and learning.
So it’s no surprise that OU’s CERT (Campus Event Response Team) page offers bold proclamations about the university’s commitment to free expression. It’s right there in the very first sentence: “The University of Oklahoma is dedicated to fostering the free exchange of ideas and opinions.”
As they say, actions speak louder than words. And OU’s actions haven’t always been in line with statements like these. The university has been accused in the past of forcing faculty to adopt personal values in line with the university’s values. Even the Oklahoma legislature has been involved in campus censorship, conducting an investigation into an OU speaker with whom some legislators disagreed.
The impact of such events is easy to predict. Faculty, students, and administrators on campus know that any time they’re offended, they can lodge a misconduct complaint and expect the university to take their allegations seriously. You cannot know whether OU will dismiss such complaints, as they should, or if you’ll be subject to some sort of sanction.
That’s why it’s so important you have the LLF National Law Firm on your side any time you’re facing charges. Just having us on your side serves as a reminder that you can’t be pushed around or bullied into self-censorship.
The OU Code of Conduct
Of course, the OU Code of Conduct doesn’t include any regulation that “censors” students and faculty. Not overtly. So what happens if someone decides they don’t like what you’ve said? If you’ve been charged, it’s probably for one of these offenses:
- Unwanted Behaviors: Even the title of this Code offense suggests just how broadly university rules are written and applied. The list of “unwanted behaviors” doesn’t just include “physical violence,” but also “threats.” While OU has a perfect right to respond to genuine threats of violence, it is all too easy for an administrator to decide that passionate speech constitutes such a threat.
- Harassment: The list of “unwanted behaviors” also includes “harassment.” Keep in mind that federal law prohibits harassment and discrimination based on certain protected characteristics like race, sex, and disability status. OU’s policy applies more broadly to everyone on campus. It is also worth remembering that anti-discrimination laws are not intended to circumvent a person’s First Amendment rights.
- Disruption: This is included in the list of “unwanted behaviors” as well, and, like “threats,” is not clearly defined. The bottom line is that strongly felt expression always has the potential to “disrupt” campus activities. That doesn’t mean it should be treated as an offense.
The good news is that the LLF National Law Firm has experience handling all types of misconduct charges. We can protect you no matter the accusations, but we can also get to the root of the charges. If you’ve been accused of misconduct simply because you chose to speak up, we won’t let OU pretend you’ve violated some actual regulation.
Defending Yourself
You actually have some important due process rights any time you’re facing a disciplinary misconduct charge at OU.
Here’s what you can expect from procedures.
- The Office of Student Conduct handles all misconduct allegations. Cases are assigned to a Conduct Officer, who must first decide whether or not the allegations have merit. These officers should dismiss cases where issues of free speech are at stake.
- If you are charged with an offense, you’ll receive official notice of those charges. This notice must describe the nature of your offense and include a complete list of your due process rights.
- As the respondent (the accused), you are entitled to a presumption of “not responsible” (innocence). This means the university must conduct an investigation. It needs evidence to overcome this presumption. As part of this investigation, you are entitled to give your version of events. In addition, investigators must let you review any evidence they uncover.
- An investigation isn’t enough to find you “responsible” for an offense. Only a hearing before a university Hearing Panel can do that. That hearing provides you the opportunity to defend your innocence through physical evidence and witness testimony. You also have the right to raise questions about any evidence being used against you.
- To find you responsible for an offense, the Panel must believe it is “more likely than not” that you committed the offense. This is known as the “preponderance of the evidence.” In addition, it takes a majority of the panel to determine you “responsible.”
- Finally, you also have the right to appeal a “responsible” outcome. To do so, you need sufficient “grounds,” such as evidence of a procedural error, new evidence to present, or an argument about the severity of your sanction.
Knowing you have rights isn’t the same as knowing how to use them. The disciplinary misconduct process can be complex and difficult to navigate. Don’t try to take OU on by yourself. The LLF National Law Firm knows how the system works, and we can hold OU accountable for respecting all of your rights.
Contact the LLF National Law Firm Today
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.