A number of colleges and universities, the University of Denver among them, have made moves in recent years to codify their attitudes toward free speech on campus. So-called “free speech policies” are almost never a good sign. While they typically attempt to affirm the school’s commitment to First Amendment rights, their true purpose is to define clear restrictions on those rights.

No school wants to wind up in the news—or worse, the subject of legislative debate–over something offensive a student has said. So even while they continue to claim they are bastions of free speech, the reality is that they will find a way to punish you if you say something “wrong.”

Protect yourself. Make sure that if you’re accused of violating policy, you have an LLF National Law Firm attorney on your side. Our Student Defense Team was founded to protect student rights. We know what the law has to say. We also know what the University of Denver policies and procedures have to say. We’ll use every resource at our disposal to make sure you’re treated fairly and given the best possible resolution to your case.

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.

The University of Denver’s Policy on Freedom of Expression

The University of Denver’s free speech policy, officially known as the Statement of Policy and Principles on Freedom of Expression, starts with the requisite paragraphs on the value of free inquiry to the educational mission. After all, no school is going to say outright that it limits what students and faculty can say.

As this statement continues, though, two serious restrictions become apparent pretty quickly. No speech act is allowed that might interfere with “the functioning of the University.” Right away, that grants the school great latitude in outlawing speech. More importantly, this statement also makes much of the University of Denver’s commitment to the “value of inclusiveness.” Translation: language that hurts others’ feelings can also get you into trouble.

In fact, UD’s Statement essentially encourages anyone who takes offense at anything to file charges. It won’t surprise you to learn that in this context, many students are accused every semester. And once the university initiates an investigation, you cannot be sure where that investigation will eventually wind up.

The UD Rules and Regulations

UD’s list of Rights and Responsibilities tries to walk the same fine line as its free speech policy. You won’t find anything in the Code that explicitly bars any type of speech. If you read closely, however, you’ll find a number of rules and regulations that can be used to limit what you say and how you express yourself.

  • Provocation: Note that UD doesn’t just bar physically abusive behavior or violence. You can be charged for anything you say that might be deemed a “provocation. Later, the Code also outlaws bullying and cyberbullying, terms that can often be open to a variety of interpretations.
  • Discrimination and Harassment: Speech that targets protected characteristics such as a person’s age, race, sex, religious beliefs, disability status, veteran status, or national origin is prohibited under several federal laws. Here again, interpretation is everything. If you criticize Israel or Palestine, for example, it’s possible you could be charged with harassment targeting others’ “national origin.”
  • Disruption: The Code also contains general regulations that can be used to restrict almost anything the university decides it wants to restrict. Any type of disruption, for example, can earn you a charge of misconduct. Disagree with a professor, for example, and that might be enough to spark an investigation.

Whatever charges you’re facing, your LLF National Law Firm attorney can handle them. We’ve helped hundreds of students defend themselves from all types of charges. We’re always in your corner and ready to fight to protect your future.

The Disciplinary Misconduct Process

Know this: the University of Denver cannot simply charge you and impose a sanction. Under its own policies, it must treat you as innocent until proven guilty (“not responsible until proven responsible”). You must be afforded due process, including the right to challenge any evidence against you at a formal hearing.

  • The Office of Student Rights and Responsibilities (SRR) coordinates the UD response to all allegations of disciplinary misconduct. Only the SRR can issue official charges against you.
  • Any time you are charged with an offense, you are entitled to notice of the charges. This notice should include an explanation of the allegations and a complete list of your due process rights.
  • The SRR must conduct some type of investigation. The university needs evidence to substantiate any charges against you, and you cannot be found “responsible” without a “preponderance of evidence.” During the investigation, you have the right to provide evidence and give your version of events. You are also entitled to review any evidence investigators uncover.
  • Once the investigation is complete, the SRR schedules a Case Resolution Hearing before a Case Resolution Body. At this hearing, both sides have an opportunity to present evidence and call witnesses to testify. You may raise questions about any evidence being used against you.
  • According to the “preponderance of the evidence” standard of guilt, you are responsible for (guilty of) an offense if it seems “more likely than not” that you committed an offense based on the evidence.
  • If at any point during the process the university should deny you your rights or a fair opportunity to make your case, you can appeal the hearing outcome and request a new chance to present your evidence.

From start to finish, you can count on your LLF National Law Firm attorney to look out for your interests. While we cannot “represent” you the way we would at a criminal or civil trial, we will make absolutely sure that you’re ready to speak for yourself.

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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