All colleges and universities at least pay lip service to the idea that students should have the right to free speech. Schools like Central Michigan University want prospective students to believe their thoughts and opinions matter. They want the public at large to believe they are committed to the free exchange of ideas and that they encourage the process of inquiry.
They also want to stay out of the news. One racial slur during a campus rally and CMU can find itself hammered on CNN or Fox. So, they say they’re staunch defenders of First Amendment rights, while behind the scenes, they’re focused on limiting what anyone can say. You’re caught in the middle.
If that’s a pretty good description of your situation, we can help. The LLF National Law Firm’s Student Defense Team was founded to protect student rights, and whatever the charges, whatever the evidence, we’re always on your side. We know how CMU policies and procedures work, and we’ll use every resource at our disposal to ensure you get the best possible resolution to your case.
How can we help 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
CMU maintains a policy that is supposed to affirm its “Commitment to Free Expression/ Free Speech.” That document describes the university as a “marketplace of ideas” that promotes the “robust, free, and open exchange” of “challenging and/ sensitive topics.”
That’s what it says in the first paragraph.
The second paragraph backpedals from that position. “The university must also maintain an environment conducive to teaching, learning, and research.” Hmmm. OK. Sounds like CMU is working to come up with excuses to limit free speech. Then, there’s this:
The university is also “committed to fostering an inclusive, supportive community that uplifts and encourages the personal, academic, and professional growth of all its students, faculty, staff, alumni, visitors, and community partners.”
The problem is, any type of criticism is necessarily going to interfere with CMU’s mission to “uplift and encourage” essentially everyone. And if you’re barred from criticizing others, you don’t really have the right to free speech, do you?
In fact, students run afoul of this Commitment to Free Expression all the time. One ill-considered comment in class or an offensive t-shirt slogan can be enough to get you charged with disciplinary misconduct. Once you’re charged, you can’t be sure where an investigation and hearing may wind up. You could be suspended or even dismissed just because you’ve upset an instructor.
University Rules and Regulations
To be clear, CMU’s free speech policy doesn’t threaten dismissal for students who say things the university doesn’t like. That policy simply lays the groundwork for such punishment.
If you’re in trouble over something you said, you’ve likely been charged with some other offense listed in the Code of Student Rights, Responsibilities, and Disciplinary Procedures, like,
- Disruption: All college campuses—all communities—must protect their members from physical harm. CMU goes further, though, prohibiting threats of harm. Fair enough, except the word “threat” can sometimes be stretched to include any language that criticizes another person or a group of people.
- Bullying/ Harassment: Federal law protects individuals from discrimination and harassment based on certain specific characteristics, like race, sex, religion, age, and national origin. Such protection isn’t meant to inhibit free speech, but CMU uses it for that purpose. Any critical language can result in a charge of harassment or “bullying.”
- Disruption: CMU has separate rules barring disruption of learning, disruptive behavior during class, and disruption of university-authorized and scheduled events. Here again, the trick is the open-ended definition of “disruption.” It allows anyone on campus to accuse you of an offense simply because they don’t like something you’ve said.
In the end, it doesn’t really matter what specific charge CMU decides to try to silence you with. LLF National Law Firm attorneys have dealt with every conceivable type of disciplinary misconduct allegation, and we know what makes for the strongest defense.
Facing Down Charges
The Code doesn’t just include a list of potential offenses. It also guarantees you some important due process rights. Any time you’re accused of an offense, you’re entitled to a presumption of “not responsible” (innocence). The university must have evidence to support any allegations, and it must give you an opportunity to respond to that evidence.
- All disciplinary misconduct allegations are reported to a Conduct Proceedings Officer.
- The Conduct Proceedings Officer conducts an initial investigation to determine whether the allegations are credible and whether there is sufficient evidence for proceeding with the case.
- If the Conduct Proceedings Officer decides to issue a formal charge, they must provide you with official notice of those charges. This notice should describe the nature of the offense and include a list of your due process rights.
- In addition, the notice will summon you to a Conduct Meeting with the Proceedings Officer. At this meeting, you may respond to charges and provide any evidence you may have.
- If you deny the charges against you, the Proceedings Officer will then initiate a hearing process. Prior to the hearing, you should have an opportunity to examine any evidence being used against you.
- Hearings take place before a trained Hearing Officer and two students, who together serve as the Hearing Body.
- The hearing affords you the chance to introduce evidence and call witnesses. Typically, though, your most important job is to respond to the evidence being used against you. You may, for example, raise questions for anyone testifying.
- Ultimately, the Hearing Body must decide whether there is a “preponderance of evidence” against you. What this means is that you’re guilty if a majority of members are more than fifty percent convinced of your guilt.
- If you’re found “not responsible,” your case is over. If you are found “responsible,” you then have the right to appeal the case. However, grounds for appeal are strictly limited to issues like the discovery of new evidence, a procedural error, or a disproportionate sanction.
Keep in mind that you are not on your own as you go through this process. CMU requires you to speak for yourself, but your LLF National Law Firm attorney can fully prepare you to do that. They’ll help you search for evidence, for example, and outline your strongest arguments. They’ll coach you in how to conduct yourself during your Conduct Meeting. They’ll draft your hearing presentation and give you practice in making it. Through it all, they’ll make sure that the university respects all of your due process rights and that you get a fair and just resolution to your case.
The LLF National Law Firm is On Your Side
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.