There’s no question that colleges and universities like the University of Missouri-Kansas City have a number of competing responsibilities, and it’s not always easy for them to balance these perfectly 

For example, UMKC has an obligation to protect everyone on campus from harm. Beyond this, the university wants to maintain a peaceful, organized atmosphere, one in which learning can take place without disruption. At the same time, UMKC has an obligation to protect everyone’s First Amendment rights, and free speech isn’t always peaceful and organized. You hope that any time these two responsibilities come into conflict, university officials will recognize that free speech has to be protected, even if that speech is “offensive,” or “controversial,” or even “hurtful.”

If you’ve been charged with misconduct over something you’ve said, the LLF National Law Firm can help. Our Student Defense Team was founded to protect student rights, and you can count on us to use every resource at our disposal to get you the best possible resolution to your case. 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.

The UMKC Free Speech Policy

Like most colleges and universities, UMKC maintains a free speech policy designed to offer guidance on what is and isn’t acceptable on campus. The problem is that this policy focuses less on the First Amendment and more on the university’s commitment to creating a “culture of inclusion.” Rather than offering a strong defense of free expression, the first paragraph focuses on concepts like “respectful interaction” and the “peaceful pursuit” of learning.

Peace, respect, and inclusion are all laudable goals for a university. When a free speech policy privileges these qualities over respect for the First Amendment, though, it sends a message to everyone on campus that it is reasonable to accuse others of misconduct any time you’re offended by what they have to say. And unfortunately, it sends a message to school officials that it’s reasonable to investigate, adjudicate, and punish students simply for speaking up.

Any time you’re accused of misconduct, it’s important you contact the LLF National Law Firm immediately. We can begin building your defense, and we can help make sure you don’t make any missteps in the early days of your case. More importantly, though, we can remind UMKC that hurt feelings are not an excuse to ignore the First Amendment.

The UMKC Code of Conduct

The UMKC Code of Conduct doesn’t help matters on campus. The problem is that there are a number of Code offenses that, when misread, can be used to limit free speech. For example,

  • Threats and Endangerment: All schools—all communities—have a responsibility to protect all of their members from physical harm. UMKC goes further, though, in prohibiting endangerment and threats, neither of which involves actual harm. To be sure, the university must respond to genuine threats, but too often school administrators decide that passionate speech constitutes a threat of harm when it merely expresses a point of view.
  • Harassment: Likewise, schools must protect students and faculty from discrimination and harassment. Everyone deserves the right to learn without fear of attack. In fact, federal law protects individuals from harassment based on certain protected characteristics like sex, age, and race. Such laws do not supersede the First Amendment, however, and when UMKC prosecutes students for controversial speech—even “hate speech”—it violates those students’ rights.
  • Disruption: Among the more insidious regulations in the Code are those related to “disruption” and “disorderly conduct.” Terms like these are difficult to define. Any serious disagreement has the potential to create disruption. Speaking up shouldn’t be an offense, though, even if it interferes with the orderly operation of the university.

Whatever the charges you’re facing, the LLF National Law Firm can handle them. We’ve been at this a while now, and we’ve worked with hundreds of students, protecting them from every conceivable type of allegation. It doesn’t matter how UMKC tries to silence you; we’ll make sure you’re treated fairly.

Navigating the Misconduct System

In addition to free speech rights, you also have something known as due process rights. You’re innocent until proven guilty (“not responsible until proven responsible), for example, and only a “preponderance of evidence” can overcome that presumption.

  • Anyone can accuse you of an offense. However, only the Chief Student Affairs Officer can issue a formal charge against you.
  • If you’ve been charged, the Chief Student Affairs Officer will appoint a Primary Administrative Officer to handle your case. This official’s first responsibility is to let you know you’re facing charges. Notice of charges should identify your accuser, explain the allegations against you, and apprise you of your due process rights.
  • The Primary Administrative Officer’s next job is to conduct an investigation. As part of this investigation, you are entitled to give your version of events. In addition, you have the right to review any evidence uncovered in your case.
  • Once the investigation is complete, the Administrative Officer sets a time and date for an official hearing into the matter.
  • Hearings take place before the Student Conduct Committee. Both sides are allowed to present evidence, including witness testimony. You can also raise questions about any evidence being used against you.
  • The Committee’s task is to determine whether there is a preponderance of evidence against you. In simple terms, the question is whether it is “more likely than not” that you committed the offense.
  • You also have the right to challenge a “responsible” outcome. To do so, you need grounds, such as evidence of a procedural error in the case, newly discovered material that suggests your innocence, or a clearly disproportionate sanction.

No matter how you may feel about UMKC, it’s important you recognize that when you’re accused of an offense, the university becomes your adversary. Make sure you have someone in your corner, someone who knows the system and can show you how to use it to your advantage. The LLF National Law Firm is always on your side and ready to help.

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.

Kansas

Tell About Your Case

Zero-Tolerance Discipline Policies Can Undermine Students’ Due Process Rights

Colleges and universities have broad authority to maintain campus safety and enforce student conduct policies. However, students accused of misconduct don’t lose their due process rights simply because allegations are serious. At the higher education level, courts have repeatedly recognized that suspension and expulsion can have life-changing academic and professional consequences. As […]

Stopping Expulsions in California: Secondary Findings a Potent Defense

It’s the phone call that every parent dreads: your child has allegedly committed a serious offense at school and is facing the possibility of expulsion. Expulsion is a serious and lasting mark on a student’s record. However, California law requires that schools meet a very high standard before expelling students […]

Can Your Search History Bring You Down? How Schools Can Use Search Histories as Evidence of Misconduct

Students at Princeton University are drawing attention to the school’s policies and access related to students’ search histories on their devices. An article in the Daily Princetonian points out the ways that the university can use students’ search histories as evidence of cheating or other misconduct. Students are worried that […]

When the School Becomes the Problem: What UNC’s Botched Investigation Teaches Every Student

A University of North Carolina (UNC) student lost his scholarship and was permanently expelled from the entire UNC system after the school found him responsible for sexual misconduct. Years of federal litigation followed. And then, quietly, UNC settled. The former student, identified in court records as Jacob Doe, argued that […]