True learning requires freedom of expression. Faculty and students need to be able to push against the boundaries of their disciplines, to question accepted knowledge, and to speak their minds. Beyond this, as a public institution, West Virginia University is required by law to respect students’ First Amendment rights.
At the same time, WVU has a responsibility to protect the campus and ensure the project of education can continue unrestrained.
These two principles shouldn’t contradict. After all, freedom of speech doesn’t allow anyone to do physical harm to others. When administrators interpret “safety” too broadly, though, they sometimes wind up restricting expression in the process. When schools try to prevent “emotional harm,” there’s always a danger that censorship will be the result.
If you’ve been accused of some type of misconduct offense because of something you’ve said or some opinion you’ve expressed, the LLF National Law Firm can help. Our Student Defense Team is dedicated to protecting student rights. We know the WVU system, and we can show you how to use it to defend yourself.
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 WVU Defines Free Speech
Like many colleges and universities, WVU maintains a policy describing its commitment to free speech. That policy begins by acknowledging “a First Amendment right of free speech and assembly” and its importance to “open dialogue as an opportunity to expand the educational opportunities of our campus communities.” That’s a promising start.
The policy free speech affirmation is qualified, though, by a later paragraph, reading “The University expects that persons engaging in expressive activities will demonstrate civility” to one another. There’s nothing wrong with a goal of civility. When that goal interferes with the First Amendment, though, the First Amendment should always take priority.
Simply by placing this qualifying statement in the policy, WVU sends the message to students, faculty, and administrators that unpopular and offensive speech is not protected on campus. In this type of atmosphere, everyone feels entitled to level misconduct allegations against others at any time they feel uncomfortable. And while the university should properly dismiss such complaints, there’s no guarantee that it will.
The moment someone accuses you of misconduct, it’s important you contact the LLF National Law Firm. We can begin building your defense immediately and ensure that the university treats you fairly. Just having us on your side sends the message that you take your rights seriously.
Rules and Regulations
Of course, “civility” is an aspiration. You won’t find any rules in the WVU Campus Student Code that specifically restrict speech. You will find regulations that overly zealous administrators sometimes try to use to restrict free speech.
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Endangerment: Endangerment doesn’t mean actual physical harm. It means creating the circumstances in which harm could occur. Fair enough, as long as such a rule isn’t used to punish students for causing “psychological” or “emotional” harm. When it is, it amounts to censorship.
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Harassment: Likewise, WVU has good reason for limiting harassment and discrimination. Among other reasons, harassment based on protected characteristics like age, sex, religion, and race is prohibited by federal law. None of these laws trump the First Amendment, though. The Supreme Court has ruled that even “hate speech” is protected speech.
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Disorderly Conduct: When the university can’t find another Code offense to charge you with, it resorts to “disorderly conduct,” “disruption,” and “failure to comply.” These violations are so broadly written that they can be used to justify charges any time you do anything the university doesn’t like.
One of the reasons to choose the LLF National Law Firm to defend you is that we have experience with every conceivable charge you could imagine. We’ve helped hundreds of students over the years, and it doesn’t particularly matter what WVU decides to accuse you of doing. We know how to handle the situation.
Defending Yourself From Charges
The fact is that no matter what the charges, you’re always entitled to due process. That starts with a presumption of innocence (“non responsibility”). Only concrete evidence can overcome that presumption, and WVU must allow you to challenge any evidence it’s uncovered.
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The Office of Student Rights and Responsibilities has authority over all disciplinary misconduct matters at WVU. Anyone can accuse you of an offense. Only this office can issue formal charges.
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If the Office of Student Rights does issue charges, it must also supply you with notice of those charges. This notice should explain the allegations and include a list of all your due process rights.
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Because you are presumed innocent, the university must conduct an investigation. It needs evidence to support any charges. As part of this investigation, you have the right to give your side of the story. Note, too, that investigators must allow you to examine any evidence they uncover in connection with your case.
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Once the investigation is complete, the university sets a time and date for a hearing into the matter.
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A hearing affords you the opportunity to formally argue for your innocence. You may offer 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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One or more decision-makers are assigned to your case. They are required to employ the “preponderance of the evidence” legal standard in determining your responsibility (guilt). According to this standard, you are guilty if it seems “more likely than not” that you committed an offense.
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Finally, you also have the right to appeal the hearing outcome. However, you must have grounds to do so. Typical grounds include new evidence, an allegation of procedural error, or a disproportionate sanction.
The LLF National Law Firm can help you with all aspects of your defense. We know what counts as compelling evidence, and we’ll work with you to gather material to prove your innocence. We can coach you on how to talk with investigators. We can help you draft your hearing presentation. From start to finish, you can count on us to use every resource at our disposal to get you the best possible resolution to your case.
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.