Critical thinking and freedom of expression have long been core tenets of education. It is impossible to learn or to promote the acquisition of new knowledge without allowing instructors and students to challenge accepted ideas. This principle, though, has come under threat in recent years, particularly in the wake of 2023 campus protests over the Israeli-Palestinian conflict.
Unfortunately, the attempt by universities such as Stanford to navigate the complex issues of what can and should constitute protected and unprotected free speech has actually led to greater confusion. And when confusion reigns, students are more likely to find themselves charged with disciplinary misconduct.
If you’re in trouble at Stanford over something you’ve said, the situation is too complicated to try to take on by yourself. You need someone in your corner who can look out for your interests and protect your rights. The LLF National Law Firm’s Student Defense Team was founded to do just that. We’ve helped hundreds of students defend themselves over the years. We understand the issues, and we’re clear on the stakes. We also know how Stanford disciplinary procedures operate, and we can show you how to use the system to your best advantage.
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.
Stanford Free Speech Policies
As frightened as colleges and universities are that they’ll wind up on the evening news, no school wants to develop a reputation for restricting students’ First Amendment rights. So you’ll find that they all offer strong claims that they protect free speech. For example, the Faculty-Senate’s 2024 Statement on Freedom of Expression notes that “university policies must not censor individuals’ speech based on the content of what is expressed.” However, the second half of this sentence is just as important: “except in narrow circumstances.” In fact, those circumstances aren’t always as “narrow” as Stanford would have you believe.
Meanwhile, the university’s administration has issued statements that only create more confusion. Stanford’s Provost, for instance, has suggested, “what might be OK in one place or time, might not be in another.” OK. Only, who gets to determine which times and places are appropriate and which aren’t?
In an environment like this one, it’s impossible to know when a professor might complain about a comment you made in class or when another student might accuse you of misconduct over a t-shirt slogan they find offensive. The next thing you know, you’re the subject of an investigation, and there’s no way of knowing where things might wind up.
Things can get out of hand quickly. That’s one reason it’s so important you contact the LLF National Law Firm the very moment there’s a problem.
Navigating the Standard
Issues of free speech are only further complicated at Stanford by the disciplinary system itself. Unlike other colleges and universities, Stanford doesn’t maintain a list of rules and regulations. Instead, students are expected to abide by the Standard:
“Students at Stanford are expected to show both within and without the University such respect for order, morality, personal honor and the rights of others as is demanded of good citizens.”
Offering a single statement to guide student behavior is a noble sentiment, but it can have unfortunate repercussions. The fact is, concepts like “order,” “morality,” “personal honor,” and “good citizens” can be subjective. That makes enforcement of such behaviors subjective as well, and justice should never be subjective.
Stanford’s free speech guidelines prohibit “obscene” speech, for example. Such speech would violate the principle of “morality” enshrined in the Standard. Who gets to define “obscene,” though?
Likewise, restrictions on “discrimination” and “harassment” seem well-intentioned. Indeed, they are required in many circumstances by federal law. They can easily go too far, however, sacrificing the right to free expression in the name of sparing everyone’s feelings.
Whatever the charges you’re facing, you can be sure that your LLF National Law Firm attorney has experience building a defense. Over the years, we’ve handled every conceivable type of allegation. We’re on your side no matter the situation, and we’ll use every resource at our disposal to ensure you get the best possible resolution to your case.
The Basics of a Defense
It is easier and easier these days to find yourself facing a disciplinary misconduct charge. However, you should know that you always have the right to due process. That is, Stanford can’t simply accuse you of an offense and impose a penalty. You are innocent until proven guilty (“not responsible until proven responsible”). The university needs evidence to overcome that presumption, and you have the right to challenge that evidence and to present evidence of your own.
- Cases begin when someone lodges a complaint with the Office of Community Standards.
- If the OCS decides to proceed with the case, you’ll receive notice of the charges against you. This notice should describe the complaint and explain all of your due process rights.
- The OCS then assigns a Conduct Investigator to the case. You’ll be invited to meet with this investigator and to give your version of events. In addition, this official must keep you apprised of all evidence they discover during their work on the case.
- The Conduct Investigator can dismiss the charge if they believe the evidence is insufficient to indicate responsibility (guilt). However, if they believe a panelist might find you responsible, they refer the case to a Hearing Panel.
- A hearing provides you with the opportunity to offer arguments in support of your innocence. You may present evidence, including witness testimony, and you may raise questions about any evidence presented against you.
- Panelists must decide whether there is a “preponderance of evidence” against you. If they believe it is “more likely than not” that you committed the offense, they must find you responsible for that offense.
- University policy also allows you to appeal a “responsible” outcome. However, you must be able to demonstrate that you were denied a fair chance to present your full defense.
Your LLF National Law Firm attorney can guide you through this entire process. While we cannot speak for you, we can make sure you’re prepared to speak for yourself. We’ll make sure your arguments are strong and backed with compelling evidence, and we’ll coach you in how to deliver those arguments to investigators and hearing panelists. It’s our job to ensure you’re treated fairly and that you get a just resolution to your case.
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.