Free speech is one of the most contentious issues on college and university campuses. On the one hand, schools like UC-Santa Cruz have an obligation to protect students’ First Amendment rights. These rights are crucial to educational inquiry. They’re also a matter of law. As a public institution, UCSC is bound to respect them.
On the other hand, all schools are anxious to promote a positive campus atmosphere. UCSC also has an obligation to make sure students and faculty are safe and that everyone has a fair chance to earn their degrees. In this context, it can be tempting to restrict speech and expression that is controversial or offensive.
The bottom line is that unless you represent a direct threat to the university community, you are entitled to speak your mind without fear of sanction. Unfortunately, that’s not always the way things play out.
If you’ve been accused of some offense simply because you chose to speak up, we can help. The LLF National Law Firm’s Student Defense Team exists to protect student rights. We know what the law has to say about student treatment, and we know how UCSC operates. You can count on us to use every resource at our disposal to ensure you get the very best possible resolution to your case.
Before we can do that, though, you have to contact us. 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.
Defining Free Speech
Take a look at UCSC’s Policy on Speech and Advocacy, and you might assume nothing matters more to the university than freedom of speech. That document plainly asserts, “The University is committed to assuring that all persons may exercise the constitutionally protected rights of free expression, speech, assembly, and worship.”
It’s important to consider this policy in relation to other campus policies, though. For example, you can also find a UCSC page on Principles of Community and the First Amendment. That document notes that the university is “committed to promoting and protecting an environment that values and supports every person in an atmosphere of civility, honesty, cooperation, professionalism, and fairness.” Nothing wrong with that except that it’s not always compatible with principles of free speech.
Ultimately, UCSC policies, taken together, represent a confusing mix of messages, and that means you can never tell how a given administrator might decide to handle your case. Conduct officers should dismiss cases unless they involve genuine harm to members of campus, but you cannot count on that to happen.
Worse, sanctions in these cases can sometimes be severe, including suspension and even dismissal. Don’t risk it. Contact the LLF National Law Firm at the first sign of trouble. We can begin building your defense immediately and make sure the university respects all of your due process rights. That gives you the best possible chance of successfully defending yourself.
The UCSC Code of Conduct
UCSC’s Student Code of Conduct can be every bit as confusing as its policies on free speech and community. Code violations are written so broadly that they can be interpreted in a number of different ways, and that means they can be misused to punish you for simply exercising your free speech rights.
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Disorderly Conduct: Offenses having to do with disorderly conduct are easy to misconstrue. For example, you can be charged with “disruption” of teaching, research, and administrative activities. Almost any serious argument can potentially “disrupt” these kinds of activities.
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Harassment: Another commonly used Code violation in free speech cases is “harassment.” Certainly, the university is responsible under federal law for protecting individuals from harassment based on certain protected characteristics, like race, sex, and veteran status. UCSC prohibits all harassment, though. And it is worth remembering that under the law, even “hate speech” is protected.
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Acts of Harm: Universities also sometimes charge students with “acts of harm” for the things they say. Of course, no one has the right to assault another person, but UCSC’s regulation against acts of harm also applies to “threats.” Serious criticism of others is sometimes treated as a threat, even if it warrants protection under the First Amendment.
The good news is that the LLF National Law Firm can protect you no matter what charges you’re facing. Over the years, we’ve worked with hundreds of students, helping them defend themselves from all types of charges.
The UCSC Disciplinary Misconduct System
No matter what the charges against you are, you always have the right to due process. First, the university must treat you as innocent until proven guilty (“not responsible” until proven “responsible”). It takes concrete evidence to overcome such a presumption. And at every step along the way, you have the right to challenge any evidence being used against you.
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Anyone on campus can accuse you of an offense. However, the university must believe accusations are credible and actionable before issuing any formal charges.
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If you’ve been charged, you’ll receive notice of those charges. This notice should include a description of the allegations and a complete list of your due process rights.
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You are entitled to an investigation. The university cannot proceed against you without concrete evidence to substantiate any charges. As part of the investigation, you have the right to give your side of the story and to submit evidence.
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You are further entitled to some type of hearing. Note that before any hearing occurs, you should also be allowed to review all evidence the university has uncovered in your case.
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At the hearing, you may offer evidence in support of your innocence, including witness testimony. You also have the right to raise questions about any evidence being used against you.
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Decision-makers in your case must believe there is a “preponderance of evidence” against you before finding you “responsible for” (guilty of) any offense. This means they must feel it is “more likely than not” that you committed the offense.
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UCSC policies also give you the right to file an appeal if you’re found responsible. To do so, you must have sufficient “grounds” to support your case. This usually means a procedural error occurred, you’ve found new evidence, or you believe the sanction is disproportionate to the nature of your offense.
You may be used to thinking of UCSC as your home. The university doesn’t just educate you; it feeds you and houses you. It keeps you safe and helps you find a job after graduation. If you’ve been accused of an offense, though, UCSC is your adversary. You need someone in your corner, someone looking out for your best interests. You need the LLF National Law Firm on your side.
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.