Very few colleges and universities are willing to come right out and say that they bar free speech or restrict their students' First Amendment rights. When those rights come up against the fact of negative publicity, or questions from alumni, or the school's financial bottom line, though, schools often wind up a lot closer to barring free speech than to encouraging it.
How are you supposed to navigate this double-talk—“you have rights, but don't take them too far”?
The fact of the matter is that it's far too easy to wind up accused of disciplinary misconduct over something you've said. Once Howard University undertakes an investigation, you can't be sure where that investigation will wind up. That's why the moment someone questions something you've said in class or raises an objection about some image on one of your t-shirts, it's important you contact the LLF National Law Firm immediately. Our Student Defense Team was founded to protect student rights, and we've protected hundreds of students from disciplinary misconduct allegations, including allegations related to free speech.
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.
Defining Free Speech at Howard University
Howard University doesn't maintain a free speech policy. That should tell you something. In fact, nowhere in the Student Code of Conduct does the university mention the word “speech.”
The Code does contain a list of "rights" and "freedoms," and among these, it does grudgingly "acknowledge that points of view will diverge and that some students will believe it necessary to express themselves by means of protest.” Elsewhere, the Code mentions that students should have the “freedom of expression.”
However, every place where such freedoms are mentioned, you'll find a restriction following along behind, as in "students may protest but..."
- “The university will not tolerate disruption to its academic mission”;
- The university “does not condone any means of protest that interferes with the legitimate rights of others”;
- Protests must be conducted in a "reasonable manner";
- Protest must not violate any university “rules and regulations.”
The problem isn't that Howard restricts free speech, though that is a problem. The problem is that Howard both claims to respect speech and promises to punish certain kinds of speech. That means any time an instructor or another student doesn't like what you say, there's always the possibility that you could wind up accused of violating the “rules and regulations.”
Any time that happens, you need a LLF National Law Firm attorney at your side. We are committed to defending your rights and to protecting your interests.
The Rules and Regulations at Howard University
We'll say it again: no school wants to say publicly that it restricts its students' First Amendment rights. So, you'll never find yourself charged with “saying something Howard University doesn't like.” However, there are plenty of Code violations that can be used to punish you if someone dislikes what you're saying.
- Assault and Battery: These offenses aren't just about actual physical harm. You can be charged for threatening to inflict harm on another person, especially if you have the means to do so. And even if your language doesn't contain a direct threat, you could be charged with bullying and/ or cyberbullying.
- Discrimination and Harassment: Federal law protects people based on a number of characteristics, including race, sex, age, national origin, and religion. Any comment that targets one of these characteristics could be interpreted as "harassment."
- Procedural Issues: Howard maintains several procedural rules that can get you into trouble. You can be charged with "disruptive conduct," for instance, any time a university official doesn't like your behavior. Likewise, you can be charged with "failure to follow established procedures."
- Media Contact: Howard even prohibits students from inviting the media onto campus. In fact, just talking to the media can be an offense if you give the impression that you are somehow representing the university or a university organization.
It doesn't really matter what specific offense you've been charged with. If you think the charges relate to something you've said, you need a LLF National Law Firm attorney to help defend your right to free speech.
Disciplinary Processes and Procedures
Here's the good news: Howard University cannot simply charge you with an offense and impose a sanction on you. You are always entitled to due process, including the right to a presumption of innocence.
Here's what you can expect from the process.
- There are many ways students can lodge complaints, but ultimately, the Director of Student Conduct and Community Standards has jurisdiction over all Code violations.
- The Director must provide you with notice of any charges against you. This notice should explain the complaint and include a complete list of your due process rights under university policy.
- The university must then conduct an investigation. It needs evidence to substantiate any charges. As part of that process, you are invited to submit your own statement--your own account of events. In addition, you have the right to review any evidence investigators uncover.
- Once the investigation is complete, the case moves to an Administrative Hearing. At this hearing, you have the right to present evidence, including witness testimony, to support your innocence. In addition, you are entitled to challenge any evidence being used against you, including witness testimony.
- The standard of responsibility (guilt) at Howard is the “preponderance of the evidence. Basically, if the Administrative Hearing Official decides it is “more likely than not” that you committed the offense, they must find you responsible.
- You can appeal a negative hearing outcome, but you must have grounds to do so. Grounds relate to issues of fairness, such as a procedural error, the discovery of a new piece of evidence, or a disproportionate sanction.
Note that your LLF National Law Firm attorney cannot "represent" you during these procedures. Howard University expects you to speak for yourself. However, it is your attorney's chief responsibility to prepare you for everything you must face. You can count on them to help you find evidence, to outline your hearing presentation, and, if necessary, to file your appeal. Through it all, they'll make sure that Howard treats you fairly and that you get the 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 Howard provides you with every due process right to which you are entitled. 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.
