Every college and university struggles to find the right balance between protecting members of the campus and honoring those same members’ First Amendment rights. No school ever really gets it absolutely right.
The First Amendment gives students and faculty the right to express themselves. A public university like the University of Texas-San Antonio has a special obligation to protect this right. In their desire to keep students and faculty from “harm,” though, schools are sometimes far too willing to limit what you can and can’t say on campus.
If you’ve been charged with some form of disciplinary misconduct because you said something controversial or unpopular, we can help. The LLF National Law Firm’s Student Defense Team was founded to protect student rights. We’ve helped hundreds of students just like you defend themselves from all types of charges. We know how the UTSA system works, and we can show you how to use processes and procedures to your benefit.
To find out more about how we can help with your case, call 888-535-3686 today, or take a few minutes right now and fill out one of our online forms.
How UTSA Defines Free Speech
Give UTSA some credit: the university does maintain a Free Speech and Civil Discourse Policy, and that policy does at least pay lip service to the importance of free expression. According to the policy, free speech isn’t just a legal right. It’s also “central to the mission of the university.” In fact, this policy goes further arguing that “It is not the proper role of the university to attempt to shield individuals from ideas and opinions they find unwelcome, disagreeable, or even deeply offensive.”
Strong words. However, the policy also makes clear that the university takes civility seriously and that it reserves the right to limit the “time, place, and manner” of expression.
It’s also true that a policy such as this one means little if it isn’t actually enforced. The fact is that the atmosphere on campus at UTSA is far from welcoming when it comes to so-called “offensive” sentiments or “hate speech.” Students and faculty feel comfortable throwing around disciplinary misconduct allegations any time they’re offended. And while administrators should properly dismiss such allegations, you cannot always be sure that will happen. The university’s Code of Conduct is broad and open to interpretation, and overly zealous officials do sometimes pursue charges even over what should rightfully be protected speech.
You cannot afford to take any chances. The moment someone raises a complaint about you, it’s crucial that you contact the LLF National Law Firm. We can begin building your defense immediately and ensure the university treats you fairly throughout your case.
The Code of Conduct
Ultimately, no matter how serious a university’s free speech policy may be, it can be easily undermined by a broadly written Code of Conduct. Nothing in UTSA’s Code should bar you from speaking your mind anywhere on campus, and, strictly speaking, nothing does. When misinterpreted, though, that’s exactly how some regulations are used.
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Threats: The First Amendment does not permit physical violence of any sort. Nor does it give anyone the right to make genuine threats of physical violence. The word “threat” can be stretched, though, to censor certain kinds of speech. Additionally, the Code prohibits “engaging in speech” for the purpose of “inciting lawlessness,” a prohibition that could be used, for instance, to punish a student who advocates bombing another country.
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Harassment: Here again, there are legitimate reasons for a school to limit harassment. In fact, federal law prohibits harassment based on certain individual characteristics like sex, age, race, and religious background. Yet, there are faculty and administrators who view these prohibitions as an excuse to limit hurtful words. The fact is that the U.S. Supreme Court has made clear that even “hate speech” is protected under the First Amendment.
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Disruption: The Code includes numerous rules barring disruptive behavior generally. You aren’t supposed to “obstruct, disrupt, or interfere with” any university activities. You can be charged for “inappropriate” behavior, including “pranks.” You can wind up in trouble for “failing to comply” with an official directive. Any one of these might be used to punish a student for speaking out.
The good news is that the LLF National Law Firm has experience handling all types of misconduct charges. We’re ready for whatever UTSA might throw at you. And if your charge is ultimately designed to censor what you say, we don’t mind reminding a school of its responsibilities under the U.S. Constitution.
Defending Yourself From Charges
It’s important you know that UTSA can’t charge you with a disciplinary misconduct offense and simply impose a sanction. It doesn’t matter what the charges are; you are always entitled to due process, including the presumption of innocence and the right to a formal hearing.
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Student Conduct and Community Standards handles all disciplinary misconduct complaints. All complaints must relate to specific violations of the Code of Conduct. In other words, an administrator can’t just decide to punish because they don’t like something you’ve said.
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If you are formally charged with an offense, you are entitled to notice of those charges. This notice should contain the name of your accuser, a description of the complaint, and a complete list of your due process rights.
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The university must conduct a full investigation. It needs evidence to substantiate any charges against you. During this process, you’re entitled to give your side of the story and to submit evidence. In addition, the university must allow you to examine any evidence it uncovers.
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Further, you have the right to a hearing before a trained, unbiased Hearing Officer. At this hearing, you may offer physical evidence and witness testimony. You also have the right to raise questions about any evidence being used against you.
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Decision-makers must believe there is a “preponderance of evidence” against you before finding you responsible for (guilty of) an offense. This means they must be more than fifty percent convinced of your guilt.
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You are also entitled to appeal a “responsible” hearing outcome. However, you do need “grounds” to do so. Typically, that means the university committed a procedural error in your case, you’ve uncovered new evidence, or you have an argument to make about the severity of the sanction you’re facing.
The LLF National Law Firm can help you with all aspects of your case. We’ll work with you to uncover evidence, for instance, and make sure you have a strong defense strategy in place. We can draft your hearing presentation and suggest questions for witnesses. Most importantly, we’ll make sure UTSA treats you fairly and respects all of your due process rights.
What Can We Do for 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.