Colleges and universities struggle every day with difficult decisions. A university like the University of Nevada, Las Vegas, has an obligation to protect free speech on campus. Never mind the fact that, as a public institution, UNLV is bound by the US Constitution and the First Amendment. Free speech is the foundation of education.
And yet, schools also have a responsibility to protect their students. All schools want to promote a sense of community, but beyond this, education is much more difficult in an environment of fear.
It can be difficult to balance these competing demands, and, as you might expect, schools get it wrong a lot of the time. When they do, there’s help available. The LLF National Law Firm is always ready to step in and defend your rights. Our Student Defense Team has helped hundreds of students defend themselves from all types of charges. We know your rights under the law, and we know how UNLV processes and procedures work.
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.
How UNLV Defines Free Speech
Like most schools, UNLV maintains a Free Speech Policy that sets the parameters for how the university follows the First Amendment. That policy makes clear in the beginning that “Freedom of speech is central to the open discussion and rigorous scholarly inquiry that moves our university forward.”
However, that isn’t the first sentence of this policy. The first sentence explains that UNLV’s goal is to “promote community well-being and individual achievement through education.” As the university goes on to say, it views free speech as essential to “community well-being” and “education.” The question, though, is how the school responds when these two goals don’t go hand-in-hand but, rather, are at odds.
In fact, when a university tries to have things both ways—affirming a commitment to free speech and a commitment to community—it can create confusion among students, faculty, and administrators as to how controversial speech should be treated. That’s especially true with a free speech policy like UNLV’s, which goes on to include a long list of restrictions on open expression.
The bottom line is that you can never know for certain why you may face a misconduct charge over something you’ve said. Anytime an instructor takes exception to something you’ve said in class, they can lodge a complaint with the Office of Student Conduct. And while that Office should always dismiss such charges, you cannot count on this to happen. Once an investigation gets started, it can lead anywhere, even to suspension and dismissal.
This is why you cannot afford to take chances. The moment someone accuses you of an offense, it’s crucial that you contact the LLF National Law Firm. We can begin building your defense immediately and make sure you’re treated fairly, right from the start.
Free Speech and the Code of Conduct
Part of what makes free speech cases so difficult to defend is that there aren’t rules against “controversial speech.” Instead, you’re more likely to be charged with some tangential offense. The most common include,
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Threats: All colleges and universities have rules protecting the campus and its members from physical harm. These include regulations regarding “genuine threats.” The fact is, though, that when the word “threat” is interpreted too broadly, it can be used to punish students for speech that should be protected.
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Harassment: Here again, there are legitimate reasons to prohibit certain types of harassment on college campuses. In fact, federal law protects students and instructors from harassment based on certain protected characteristics, such as age, sex, and race. However, such laws should never be used as an excuse to abandon First Amendment rights. The Supreme Court has ruled that even “hate speech” is protected under the Constitution.
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Disorderly Conduct: The UNLV Code of Conduct also contains several provisions outlawing disorderly conduct, such as “class disruption,” “obstruction,” and “failure to comply.” These are sometimes used to justify a disciplinary charge even when your speech is protected.
The LLF National Law Firm has experience dealing with every conceivable type of charge. We know what makes for a strong defense, and we know what counts as the most compelling evidence. We also know how to confront a free speech issue head-on, even if a school is trying to disguise it as some other type of offense.
Defending Yourself
The thing is, no matter what type of charge you’re facing, you always have the right to due process under UNLV policies. The university is supposed to treat you as “not responsible” for an offense until it can prove your “responsibility.” It’s supposed to conduct an investigation. It’s supposed to allow you to challenge evidence at a formal hearing.
Here’s what should happen any time someone accuses you of an offense.
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Complaints are lodged with the Office of Student Conduct. This office must decide the allegations are credible and actionable before it issues a formal charge.
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Any time you’re charged, the Office of Student Conduct must issue notice of the charges. This notice should provide you with an explanation of the allegations and a complete list of your due process rights.
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The university must undertake an investigation. It cannot proceed against you with evidence to substantiate the charges. As part of the investigation, the Office of Student Conduct must give you an opportunity to give your side of the story. In addition, you are entitled to review any evidence investigators uncover in your case.
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You are further entitled to challenge the school’s evidence at a hearing before either a single administrator or a full Hearing Panel, depending on the severity of the charges.
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In either case, you have the right to offer arguments in defense of your innocence and support those arguments with physical evidence and witness testimony. You may further raise questions about any piece of evidence being used against you.
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Decision-makers then employ the legal standard “preponderance of the evidence” to decide whether you are responsible for the offense. According to this standard, you are guilty if it seems “more likely than not” that you committed the offense.
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Finally, the Code of Conduct also grants you the right of appeal if you can show “grounds” for such an appeal. This usually means a procedural error committed by the university, the discovery of a new piece of evidence, or an argument about the severity of the sanction you’re facing.
Cases are supposed to work this way. Colleges and universities are filled with overzealous administrators, though, who prosecute cases even when to do so violates the First Amendment. They’re full of faculty and students who let their biases dictate their decisions. The LLF National Law Firm can help you prepare all aspects of your case. In addition, though, just having us on your side serves as a reminder to UNLV to treat you fairly and respect your rights.
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.