Let’s leave aside the fact that the University of Missouri-St. Louis is required, as all public institutions are, to honor the First Amendment. Though, of course, that is a pretty significant fact. No university can be effective if students and faculty are subject to censorship.
It does happen, though. Schools do have a responsibility to protect everyone on campus, and when they become too zealous about meeting this responsibility, they sometimes wind up trampling on students’ rights to free speech.
If it’s happened to you, you should know there’s help available. The LLF National Law Firm’s Student Defense Team was established to protect student rights. We’ve worked with hundreds of students, defending them from all types of charges, and we know exactly how UMSL’s system operates. Whatever your situation, we’ll use every resource at our disposal to ensure you the best possible resolution to your case.
To find out more about how we can help, call 888-535-3686 today, or take a few minutes right now and fill out one of our online forms.
Defining Free Speech
UMSL maintains a free speech policy. That’s a good sign. Even better, that policy contains important language about the importance of the First Amendment to the success of a university. Though the policy does include a list of restrictions on speech, none of those restrictions violate the spirit or the language of the First Amendment.
Words are one thing, though. Campus atmosphere is another. UMSL has a reputation, particularly among students, as a restrictive environment. The fact is that if university administrators and officials don’t make clear the university’s commitment to free speech, students and faculty can develop an attitude that “offensive” or “controversial” speech may face condemnation and even punishment.
This isn’t how a campus should operate. It means that you can’t trust the system to exonerate you if you’re charged over something you’ve said. It’s especially important that you know how to protect yourself if you’re facing an accusation. The moment you call the LLF National Law Firm, we’ll begin building your defense. We can make sure you don’t make any costly mistakes early in your case, and we can make sure that UMSL respects all of your due process rights as you go through the system.
The Code of Conduct
It’s important you know that you aren’t going to be charged with “saying something controversial.” That can make your case more difficult, though. The problem is, if someone decides to accuse you of hurting their feelings, they’ll bend a legitimate Code of Conduct regulation to accomplish it. The most common allegations have to do with:
- Physical Abuse: You wouldn’t think the First Amendment would have anything to do with “physical abuse.” After all, it doesn’t give you the right to do physical harm to another person. The Code doesn’t just prohibit “physical abuse,” though. It also prohibits “threats” and “endangerment.” It sometimes happens that a person mistakes passionate speech for “threatening speech.”
- Harassment: The Code also bars harassment. Again, there are legitimate reasons for doing this. Federal law actually limits discrimination and harassment based on individual characteristics like race, sex, age, and religion. Such laws are not an excuse for censorship, though, or for punishing students who say things that might be “hurtful” to others.
- Disruption: Finally, you can also be charged with any action that disrupts normal school operations or interferes with another person’s right to get an education. This one is pretty common in free speech cases. Almost any “controversial” or “offensive” speech is going to create a disruption, but that shouldn’t be an excuse to punish you for saying it.
We’ve handled every sort of disciplinary misconduct charge out there. No one is going to catch us by surprise. Just as importantly, if it’s clear that UMSL is using some Code regulation to keep you silent, you can be sure we’ll get to the bottom of it.
Navigating the Disciplinary System
UMSL can’t just charge you and punish you. The disciplinary system is more complicated than that. In fact, school policies grant you a number of important due process rights. The problem is, it’s not always easy to know how to use these effectively.
Here’s what you can expect:
- Anyone can accuse you of an offense, but only the Chief Student Affairs Administrator can issue a formal charge against you. Before they do this, they must be sure that you’ve actually committed an offense. Remember: no matter what it may look like, free speech is always protected speech.
- The Chief Student Affairs Administrator then assigns your case to a Primary Administrative Officer. This officer’s first responsibility is to make you aware that you’re facing a charge. Notice of the charges should include an explanation of the allegations and a list of all your due process rights.
- Next, the Primary Administrative Officer must conduct an investigation. You are innocent until proven guilty (“not responsible until proven responsible”), and it takes concrete evidence to overcome this presumption. During the investigation, you are entitled to give your side of the story and to submit any evidence you may have. You must also be apprised of all evidence investigators uncover.
- Following the investigation, you should also have the opportunity to defend yourself at a formal hearing. You may offer physical evidence and witness testimony, and you are allowed to raise questions about any piece of evidence being used against you.
- The standard of responsibility at UMSL is “preponderance of the evidence.” According to this standard, you are responsible for an offense only if it seems “more likely than not” that you committed that offense.
- If you should be found “responsible,” you can file an appeal. Appeals must be based on sufficient grounds, though. This might include a procedural error by the university, the discovery of new evidence, or a disproportionate sanction.
USML is on your side in almost every situation. The university educates you, feeds you, houses you, and will even help you get a job once you graduate. In a disciplinary misconduct case, though, it’s your adversary.
Make sure you have someone in your corner, looking out for your interests. The LLF National Law Firm is always on your side.
The LLF National Law Firm Can Protect You
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.