Free speech is fundamental to the project of education. Academic progress demands the freedom to explore topics and to put forward ideas, even if they may seem wrong-headed or controversial. Schools like Stony Brook University have an obligation to provide both students and faculty with the maximum possible latitude to think and to express themselves.
At the same time, the university has an obligation to protect students from harm. The project of education can’t take place in an environment where everyone is afraid for their safety. And the truth is that it thrives more readily in a collegial atmosphere. Schools are always better off encouraging everyone on campus to get along.
Of course, these two obligations do sometimes come into conflict. In most instances, free speech should win out. That’s not always what happens, though.
If you’ve been charged with a disciplinary misconduct offense over something you’ve said or some opinion you’ve expressed, the situation can get complicated fast. Protect yourself by contacting the LLF National Law Firm. Our Student Defense Team knows how Stony Brook processes and procedures work, and we’re particularly skilled when it comes to handling First Amendment cases.
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.
Defining Free Speech
All schools pay lip service to the importance of free expression. No university wants a reputation for stifling speech. Stony Brook’s Free Speech Policy begins by affirming that it is “dedicated to open inquiry, knowledge, and insight. As such, free speech and peaceful assembly are fundamental to our mission.” Note how the word “peaceful” already undermines the force of the university’s “dedication.” More importantly, these first two sentences are followed by a statement about the university’s commitment to “equality, civility, caring, responsibility, accountability, and respect.” Of course, there’s nothing wrong with striving for “civility,” but including this sentence here suggests free speech rights can be set aside when those rights conflict with “caring” and “respect.”
No surprise that students and faculty at Stony Brook are under the impression that they can complain any time they’re offended by anything. Ordinarily, the disciplinary misconduct system should dismiss such complaints in the name of protecting free speech. Unfortunately, you can’t be sure how an overly zealous administrator may act in your case.
At the first sign of trouble, it’s important you contact the LLF National Law Firm. We can begin building your defense even before you’re charged and make sure the university respects your rights throughout the entire misconduct process.
The Stony Brook Code of Conduct
One of the reasons allegations happen so regularly and cases so often end in unfair sanctions is that a number of offenses listed in the Student Code of Conduct can be misinterpreted to limit free speech.
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Offenses Against Persons: The First Amendment doesn’t allow anyone to harm others physically. And schools must respond to genuine “threats.” However, “threat” is sometimes loosely interpreted to mean offensive speech, when such speech should be protected.
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Harassment: The university also bars all forms of “harassment.” Here again, there are actually multiple federal laws that prohibit discrimination and harassment based on certain protected characteristics. You cannot harass someone on the basis of their race, for example, or their sex. However, the Supreme Court has ruled that such laws are not an excuse for abrogating a person’s rights to free speech.
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Disruptive Conduct: You can also be charged with a variety of more general offenses meant to restrict “disorderly conduct.” These include prohibitions against “interference,” “disruption,” failure to comply with “official directives,” and the “unauthorized posting” of flyers.
Whatever you’ve been charged with doing, the LLF National Law Firm can handle it. We’ve worked with hundreds of students, protecting them from every conceivable type of allegation. But if the offense is ultimately a smokescreen for limiting your free speech rights, we know how to deal with that situation as well.
Disciplinary Misconduct Procedures
Under Stony Brook policies, you have the right to defend yourself from any disciplinary misconduct accusation. As a starting point, the university must treat you as innocent (“not responsible”) until you are proven guilty (“responsible”). The university needs concrete evidence to overcome this presumption, and it must afford you “due process,” which means you’ll have an opportunity to challenge such evidence at a hearing.
Here’s what that process should look like.
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The Office of Student Conduct and Community Standards has jurisdiction over all disciplinary misconduct allegations. Anyone on campus may lodge a complaint against you, but only this office can issue a formal charge.
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If you’ve been charged, you’ll receive notification of those charges. This notification should describe the nature of the complaint and provide a full description of your due process rights.
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You should expect an investigation. The university cannot proceed against you without evidence. During this process, you have the right to provide a statement and submit your own evidence. In addition, the school must keep you apprised of any evidence it uncovers in your case.
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Following the investigation, the Office of Student Conduct sets a time and date for a hearing before a Hearing Board.
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At the hearing, both sides present physical evidence and call witnesses to testify. Because you have the presumption of innocence, your most important job is usually to raise questions about the evidence being used against you.
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The Board then decides whether it is “more likely than not” that you committed the offense. A “preponderance of evidence” means you’re “responsible” (guilty). Otherwise, your case is over.
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If you’re found responsible, you have the right to appeal this outcome. Appeals must be based on specific “grounds,” though, such as a procedural error, a new piece of evidence, or a disproportionate sanction.
Keep in mind that when you’ve been accused of an offense, the university is your adversary. You need someone in your corner, someone to represent your interests and protect your rights. No one gives you a better chance of successfully defending yourself than the LLF National Law Firm. Only we are so extensively focused on student rights.
Fight For Your Future
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.