Colleges and universities occupy a difficult position in society. As institutions of higher learning, they have an obligation to protect students’ rights to free expression. Education cannot take place unless all involved can explore ideas, even controversial ideas, and push against the boundaries of their disciplines. At the same time, all schools have a fundamental responsibility to protect everyone on campus from harm.
When these two responsibilities come into conflict, schools like UMass-Amherst don’t always come up with the best solutions. Students can wind up accused of misconduct offenses simply for speaking their minds. Once an investigation begins, there’s no way to know where it may wind up, and sanctions these days can be severe, even for minor policy violations.
If UMass-Amherst has charged you with an offense over something you’ve said or some opinion you’ve expressed, you need help from outside the university. At that point, the school no longer has your best interests at heart. We do. The LLF National Law Firm’s Student Defense Team was founded to protect student rights. We know the law, and we know how your school’s processes and procedures work. You can count on us to use every resource at our disposal to defend your interests.
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
UMass-Amherst certainly purports to honor free speech and First Amendment rights. The truth, though, is that all schools do this. It’s bad for recruitment if you’re seen to censor students and faculty.
The university’s Free Speech FAQ affirms its commitment to freedom of all forms of expression, even those that some may find “controversial.”
However, the FAQ also includes a statement to the effect that the university is “committed to the safety and well-being of its entire community,” and it describes several policies designed to limit student behaviors. These statements tend to undermine the school’s defense of the First Amendment.
The result? Students and faculty get the message that there are limits to free speech. Professors report students for objectionable opinions they express in class; other students report their classmates for t-shirts they wear with controversial slogans. Ideally, the disciplinary misconduct system should resolve cases like these in favor of the accused. The fact is, though, that it’s impossible to know what might happen once an investigation gets started.
This is why it’s crucial you contact the LLF National Law Firm at the very first sign of trouble. We can begin building your defense and ensure you’re treated fairly right from the start of your case.
The Code of Conduct
It does not help matters that UMass-Amherst’s Student Code of Conduct includes so many regulations that, when misinterpreted, seem to bar certain kinds of speech. For example,
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Threatening Behavior: All campuses must prohibit violence and genuine threats of violence. However, passionate speech can sometimes sound “threatening.”
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Harassment: Federal laws bar discrimination and harassment based on certain protected characteristics, like sex, race, and veteran status. However, there are no First Amendment exceptions for “hate speech,” and such laws should never be used as a justification for censorship. When schools try to go too far to limit the psychological or emotional harm your words might do to others, they are violating your right to free speech.
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Disruptive Conduct: UMass-Amherst also maintains a whole class of offenses related to disruptive conduct. These include “creating a disturbance,” “disturbing behavior,” “disruptive behavior,” and “failure to comply.” Any one of these is broad enough to justify punishing a student simply because they’ve said something “offensive.”
Whatever charge you’re facing, the LLF National Law Firm can handle it. We’ve helped hundreds of students defend themselves from all types of allegations. And if an accusation is simply a cover for censorship? We know how to get to the bottom of those cases, too.
The UMass-Amherst Disciplinary Misconduct System
In addition to free speech rights, you also have several due process rights under UMass-Amherst policies. Here again, though, having those rights and convincing a university administrator to respect those rights can sometimes be two different things.
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All disciplinary misconduct complaints are forwarded to the Student Conduct and Community Standards Office. When things work as they should, this office should dismiss any complaints based on censorship. We can sometimes intervene and remind the office of this fact.
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If you’ve been charged with an offense, the Office of Student Conduct must provide you with notice of those charges. That is, the university cannot investigate you in secret. Notice should include an outline of the complaint and a complete list of your due process rights.
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One of your most important rights is the right to a presumption of innocence. It means the university must have concrete evidence to proceed against you. As part of any investigation, you have the right to give your version of events. In addition, investigators must keep you apprised of all evidence they uncover.
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Following an investigation, the university sets a time and date for a hearing before the University Hearing Board.
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At the hearing, you are entitled to present arguments for your innocence and to introduce evidence and examine witnesses. You also have the right to raise questions about any evidence being used against you. Often, this is the most important part of a defense, since you are presumed innocent.
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The Board must employ the “preponderance of the evidence” legal standard in determining your responsibility (guilt). In simple terms, you are responsible if it seems “more likely than not” that you committed the offense.
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You can appeal a “responsible” outcome, but you must have grounds to do so. That usually means a new piece of evidence, an allegation of procedural error, or a complaint about the severity of your sanction.
Whatever your situation, you can count on the LLF National Law Firm to help you with all aspects of your case, from responding to investigators to drafting your hearing presentation. We are always on your side and ready to fight to protect your 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.