It’s sort of your job to be forming opinions right now—surely your freshman comp instructor has made this clear. For the first time in your life, you’re out on your own, making your own decisions, establishing your independence. It can be exciting, deciding what you think, and it’s crucial to your education. Of course, you’re young, and you’re going to get a lot of things wrong. Like, a lot. But that’s what college is for, right?

The thing is, schools like the University of Texas at Austin have gotten positively trigger-happy when it comes to enforcing ideals like “civility” and “community.” You say something that offends someone–anyone–and the next thing you know, you’re facing a disciplinary misconduct charge.

If it’s happened to you, we can help. The LLF National Law Firm’s Student Defense Team was established to protect student rights, and we’re pretty good at it. We’ve helped hundreds of students defend themselves from all types of disciplinary misconduct charges, and we’re especially adept at sorting through free speech issues.

What can we do for you? Find out by calling 888-535-3686. Or take a few minutes right now and fill out one of their online forms.

Defining Free Speech at UT-Austin

Credit UT-Austin for at least giving lip service to First Amendment freedoms. The university’s “Commitment to Freedom of Speech” starts with the bold pronouncement,

Because the University of Texas System (UT System) is committed to free and open inquiry in all matters, it guarantees all members of the UT System the broadest possible latitude to speak, write, listen, challenge, and learn.

Great! Free speech for all! Except in the very next sentence, the “Commitment” has shifted focus to the “ limitations on that freedom […] necessary to the functioning of the UT System.” That sort of muddies the water a bit.

In fact, this commitment to freedom goes on to discuss a number of “limitations” to that freedom. Turns out, you can get in trouble for lots of “unprotected” speech acts, including,

  • Harassment
  • Defamation
  • Threats
  • Invasion of privacy
  • Any speech “incompatible with the functioning of any UT institution”

Oh, and the university reserves the right to control the “time, place, and manner of speech and expression.”

Here’s the bottom line: you cannot tell when something you say or some action you take will offend someone in the UT Austin community. Once that happens, all bets are off in terms of free speech “protections.” It’s actually relatively easy to wind up accused of disciplinary misconduct these days over something as small as the message on a T-shirt.

If it happens to you, you can’t afford to wait and see how things unfold. You need to contact the LLF National Law Firm at the very first sign of trouble.

Typical Charges

Given UT-Austin’s commitment to freedom of expression, you’re not going to find any rules specifically against “offensive speech” in the Student Conduct policy. When someone is offended by something you’ve said or done, though, the university can be remarkably adept at coming up with charges. There are a number of allegations our outspoken clients tend to face.

  • Threatening Behavior: Like all schools, UT-Austin prohibits violence. In addition, though, you can be charged with saying or doing anything that threatens another member of the campus. This provision is sometimes used to punish students for saying things that others find offensive.
  • Harassment: In keeping with federal and state laws, UT-Austin protects individuals from discrimination and harassment based on protected classes such as race, sex, age, religion, and national origin. Further, the university prohibits conduct that interferes with a person’s ability to participate in institutional activities.
  • Disruptive Conduct: You can be charged for any action you take that interferes with the university’s ability to function. This can include disrupting class or preventing another student from being able to study.
  • Failure to Comply: Likewise, you can be charged with failing to follow instructions from a campus representative, including faculty, TAs, and residence hall staff.

If someone has accused you of violating one of these or similar UT-Austin policies just because they don’t like something you’ve said, you have the right to defend yourself. Don’t allow the university to threaten you with sanctions. Contact the LLF National Law Firm to find out how we can protect your future.

The Disciplinary Process at UT-Austin

How exactly do you defend yourself from a charge of disciplinary misconduct? The university provides every student with due process. That starts with the right to a presumption of innocence (“not responsible”). Basically, the university must have a “preponderance of evidence” to find you responsible for any offense, and as part of the process, you must have an opportunity to challenge this evidence.

  • All complaints are handled by the Office of Student Conduct and Academic Integrity. While anyone can accuse you of an offense, only this office can issue formal charges.
  • If you are charged with disciplinary misconduct, you’ll receive notice of those charges. That notice must explain what it is you’re supposed to have done, and it must contain a complete list of all your due process rights.
  • As part of any investigation, you have the right to give your side of the events. In addition, you are entitled to review any evidence investigators should uncover.
  • Once the investigation is complete, the Office of Student Conduct may issue a determination of responsibility based on the “preponderance of evidence” standard. According to this standard, you are responsible for an offense if it seems “more likely than not” that you committed that offense. You then have the option to ask for a formal hearing into the matter.
  • At any hearing, you may offer any evidence in support of your innocence, including witness testimony. You are also allowed to raise questions about any evidence being used against you.
  • Again, decision-makers are tasked with deciding whether there is a preponderance of evidence against you.
  • Should you lose your hearing, you still have the right to appeal the outcome if you can demonstrate that you were denied a fair opportunity to present your case.

Your LLF National Law Firm attorney will make sure you are prepared for every aspect of the disciplinary process. We cannot “represent” you the way we might at a criminal trial, but we can work with you to find evidence, coach you in how to talk with investigators, draft your hearing presentation, and suggest questions for witnesses. It’s our job to make sure you’re treated fairly and that you get the very best possible resolution to your case.

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 UT-Austin respects all of your many due process rights. We’ve helped hundreds of students deal with all types of misconduct charges. We’re always on your side and willing to fight hard on your behalf.

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.

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