Free speech is fundamental to education. True learning cannot happen unless students and faculty have the freedom to push against disciplinary boundaries, challenge accepted opinions, and test their own ideas. UC-San Diego, though, isn’t just a university. It’s a public university, and thus, it is bound by law to follow the First Amendment.

Schools don’t always live up to their obligations, though. Individual instructors and administrators aren’t always clear on how to implement the law. Students frequently have the mistaken view that they should be protected from “offensive” language and ideas.

If you’ve been charged with a disciplinary misconduct offense because of something you’ve said, the LLF National Law Firm is here to help. We’ve been at this a while, and we’ve helped hundreds of students defend themselves from all types of charges. We understand the stakes in ways other law firms don’t. We’ve also taken the time to learn how university processes and procedures operate. No matter what your situation, we’ll use every resource at our disposal to ensure you get the best possible resolution to your case.

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 colleges and universities celebrate free speech and the First Amendment. Policies that obviously restrict student rights are bad for recruitment, never mind the fact that they are illegal at a public institution like UCSD.

Schools also feel responsible for protecting their students, though. Nothing wrong with that. Except that they sometimes take this responsibility too far, trying to protect students not just from physical harm but from having to deal with any viewpoints an individual student might find “offensive.”

It is telling, for example, that the first section on UCSD’s Free Expression page focuses not on the First Amendment but rather on “Principles of Community. Further down the page, you’ll also find a lengthy section on “your responsibilities as a student exercising free speech.” These tend to undermine the university’s commitment to respecting your free speech rights.

In fact, when a university doesn’t make a full-throated defense of the First Amendment, it sends a message to faculty and students that they are entitled to lodge complaints any time they find themselves offended. Allegations increase. More students wind up charged. More students wind up punished unfairly. 

Protect yourself. The moment you’re facing a situation like this, make sure you have the LLF National Law Firm on your side. When you stand accused of an offense, UCSD is not on your side. It’s your adversary. We are in your corner, though, no matter what, ready to protect your interests and defend your rights.

The UCSD Student Conduct Code

UCSD cannot punish you for speaking your mind. However, the UCSD code of conduct contains a number of offenses that, when pushed to their limits, can be misused to limit what you say.

For example,

  • Unwanted Contact: UCSD doesn’t prohibit physical violence. Code language bars all unwanted “verbal, written, face-to-face, telephonic, electronic” contact. This opens the door to allegations of misconduct based solely on what you say.

  • Harassment: The university maintains a strict anti-harassment policy. Discrimination and harassment are prohibited under federal law if they are based on protected characteristics such as sex, age, race, and disability status. However, such laws do not justify restrictions on free speech. According to the Supreme Court, even “hate speech” is protected by the First Amendment.

  • Disorderly Conduct: If your speech doesn’t fall into one of these two categories, the university might also charge you with a more general offense such as “disorderly conduct” or “unlawful assembly.”

The LLF National Law Firm has handled every type of misconduct allegation. We know what makes for the strongest defense, and we know what serves as the most compelling evidence. If the charges against you are ultimately motivated by something you’ve said, though, we also know how to assert your rights under both federal law and UCSD policies.

Navigating the UCSD Disciplinary Misconduct System

You must recognize that UCSD cannot simply charge you and impose a sanction. Just as in the real world, you have due process rights any time you’re charged with a campus offense. You are entitled to a presumption of innocence (“non-responsibility”) and to defend yourself at a formal hearing. Here is what you can expect from the process.

  • Cases begin when someone lodges a complaint with the Office of Student Conduct.

  • If OSC decides to formally charge you with an offense, it must provide you with notice of those charges. This notice contains important information for building your case, including an explanation of what it is you are supposed to have done and a list of your other due process rights.

  • The university must conduct an investigation. It needs evidence to substantiate any charges against you. As part of this process, you are entitled to give your side of the story. Further, the university must keep you apprised of any evidence it uncovers.

  • Minor cases are normally handled through an Administrative Hearing before a single official. More serious cases appear before a full Community Standard Board.

  • In either case, you have the right to present arguments in defense of your innocence and to support those arguments with physical evidence and witness testimony. You are also entitled to raise questions about any evidence being used against you.

  • Decision-makers must then determine whether there is a “preponderance of evidence” against you. According to this legal standard, you are responsible for an offense if it seems “more likely than not” that you committed that offense.

  • A “not responsible” verdict ends your case. If you are found “responsible,” you have the right to appeal if you can show that the university denied you a fair opportunity to present your case.

The LLF National Law Firm can help you with all aspects of your case, from uncovering evidence to drafting your hearing presentation. Our most important job, though, is to ensure UCSD treats you fairly and respects all of your student 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.

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