Like all colleges and universities, Rhode Island University frequently finds itself trying to balance students’ First Amendment rights with its own commitment to protecting students from harm. That’s not an easy balance to achieve.
On the one hand, education is premised on the right to free speech. Students and faculty must be able to explore ideas and follow them wherever they may lead. On the other hand, nothing can damage a school’s reputation faster than a student injury or death. And even vocal expression of controversial ideas can get a university featured on CNN.
Unfortunately, schools don’t always find the right balance, and when that happens, students are the ones who pay the price. If you’ve been accused of some form of misconduct over something you’ve said or some opinion you’ve expressed, you have the right to defend yourself. The LLF National Law Firm can help you do that. Our Student Defense Team was founded to protect student rights. We know exactly how URI processes and procedures work, and we’re experienced when it comes to handling free speech issues.
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.
Free Speech at URI
URI mentions free speech in the Student Handbook, but it doesn’t maintain a separate policy supporting students’ First Amendment rights. That in itself is telling.
As for what the Handbook has to say about free speech, the university’s support for student rights is mixed. It does pay lip service to the idea that free expression matters, with statements like “The University of Rhode Island strongly values free speech.” The problem is that the sentence that follows this one reminds students that freedom of speech does not mean students can “say whatever they wish, wherever they wish.” Hardly a full-throated endorsement of your rights.
And, as you might expect, given this complex messaging, faculty and students across campus operate under the assumption that they can accuse others of misconduct any time they find some comment offensive or objectionable. Ideally, First Amendment considerations should undermine such complaints before they do any lasting damage. The fact is, though, that it’s impossible to know where an investigation might lead, and there are overly zealous administrators on campus who are sometimes willing to abandon free speech policies any time they think a student is uncomfortable.
In this type of environment, you cannot afford to take on a misconduct charge on your own. The URI disciplinary system can be difficult to navigate, and sanctions can be severe. Make sure the LLF National Law Firm is in your corner at the very first sign of trouble.
The Rules and Regulations
The thing is, URI isn’t going to charge you with “saying the wrong thing.” There are plenty of charges in the university’s Code of Conduct (see the Student Handbook) that can be used to do just that.
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Abusive Conduct: No one would argue that students should have free rein to do physical harm to one another. The university has an obligation to investigate genuine threats as well. This particular offense is sometimes stretched, though, to limit what students can say or to punish students who say the wrong thing. Note, for example, that the Code prohibits “conduct which threatens or endangers the physical or psychological health, safety, or welfare of oneself, another individual, a group of individuals, or members of a student organization.” A sentence like this one offers broad justification for going after anyone for saying anything negative.
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Harassment: You can also be charged under URI rules for harassment related to protected individual characteristics. It’s worth recognizing that these protections are generally based on federal law. However, such laws are not supposed to trump First Amendment rights, and neither should URI policies.
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Disruptive Conduct: When all else fails, URI can punish you simply for “disruption,” and pointed speech and debate almost always generate some type of disruption. You can be charged with “disruption, obstruction, and interference,” and with “failure to comply” with an official’s directive.
Luckily, the LLF National Law Firm has experience handling all types of student misconduct charges. No matter what you’ve been accused of doing, we can help you deal with it. Just as importantly, we know how to hold the university accountable if it’s trying to charge you with an offense just because you’ve decided to speak up.
How to Deal With the System
Colleges and universities sometimes try to bend the rules in their favor, but the fact is, you have some pretty important due process rights if you know how to use them effectively.
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The Dean of Students handles most disciplinary misconduct allegations at URI. And while anyone can accuse you of an offense, this official should believe a complaint is both credible and actionable before they issue formal charges against you.
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You are entitled to notice of any charges you may be facing. Notice should include an explanation of the allegations and a list of your due process rights—important information for building your case.
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The university must treat you as innocent (“not responsible”) until it can prove your guilt (“responsibility”) with a preponderance of evidence. This means you are entitled to an investigation. Further, you have the right to provide investigators with your version of events. Meanwhile, the university must make you aware of any evidence it uncovers in the case.
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Once the investigation is complete, the case moves on to a hearing before either a single administrator or a panel of decision-makers.
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The hearing affords you the opportunity to introduce physical evidence and call witnesses to testify. You also have the right to raise questions about any evidence being used against you.
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Decision-makers are required to employ the “preponderance of the evidence” legal standard in all misconduct cases. According to this standard, you are responsible for an offense only if it seems “more likely than not” that you committed the offense.
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You also have the right to appeal a “responsible” outcome. To do so, you must have sufficient grounds. This can include an allegation of a procedural error in your case, a new piece of evidence that deserves to be considered, or an argument about the severity of your sanction.
The LLF National Law Firm can help with all aspects of your case. We can prepare you to talk with investigators; we can work with you to draft a hearing presentation; we can file an appeal if it becomes necessary. Along the way, we’ll hold URI accountable for respecting your rights during every step of the process.
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.