Section 5 Code of Practice on Freedom of Speech Approved by the Board of Governors 21 May 2012 (Students at UK Campuses only) 5.1 Introduction 5.1.1 The University recognises that the encouragement of debate is an essential feature of its role in society. As an institution, the University is legally obliged to secure freedom of speech and promote academic freedom. The University will therefore work to ensure that there is freedom of speech for its students, staff and visiting speakers (even if such speech is controversial). This freedom exists within limits only defined by the law. In placing any necessary restrictions on freedom of speech the University will therefore be guided by its obligation to promote free speech subject only to its other obligations to ensure no breach of civil or criminal law. Every member of the University-every member of staff of the University and the Students Union, and every student should be aware that, being a member of the University community provides rights and also requires obligations and responsibilities consistent with the above principles and the law. Every member of the University is expected to uphold the University s values with respect to Freedom of Speech (Appendix 1). 5.1.2 The University also recognises and supports the academic freedom of its academic staff to question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions, without placing themselves in jeopardy of losing their jobs or privileges they may have at their institutions (Education Reform Act 1988). This freedom also exists within limits only defined by the law (Article 10 of the University s Articles of Government). The discussion of controversial or sensitive issues will call for particular sensitivity. All involved in such discussion, staff and students, need to be mindful of their obligations to discuss issues openly and honestly in order to facilitate the shared goals of learning whilst respecting the principles of equality and diversity. 5.1.3 The purpose of this Code of Practice is to ensure, as far as reasonably practicable, that freedom of speech within the law is secured for members, students and employees of the University and for visiting speakers. It sets out the principles and procedure to be observed in respect of meetings and activities (subsequently referred to in this document as events ) generally and the conduct expected of all individuals involved in organising or attending such events. 5.1.4 This Code of Practice is established in compliance with the provision of Section 43 of the Education (No 2) Act 1986. This places a statutory duty on the University that every individual and body of persons concerned in the government of any establishment to which this section applies shall take such steps as are reasonably practicable to ensure that freedom of speech within the law is secured for members, students and employees of the establishment and for visiting speakers. 57
5.1.5 This statutory duty applies to individuals, meetings or any other activities on University premises, including events held in the open air or on premises hired by the University, and also to meetings or other activities held on Students Union premises. The Code also applies to electronic forums which are posted on the University s IT facilities or are the responsibility of members of the University. 5.1.6 The Code provides for particular meetings or activities to be officially designated as special and subject to further conditions and control if there is a reasonable likelihood that the principles laid down in the Code may not otherwise be met. It specifies the procedure to be followed in respect of such special events and some particular responsibilities of Organisers. It also provides for permission to hold a meeting or activity to be refused or withdrawn in certain circumstances. 5.1.7 This Code is issued by authority of the Vice-Chancellor and Board of Governors of the University. 5.2 Scope 5.2.1 The Code shall apply to: (a) the University (which shall include all bodies or persons having authority to determine any matter relevant to this Code) (b) all persons (whether academic staff or otherwise) working for the University or undertaking duties on behalf of the University (c) all enrolled students of the University (d) all students studying at the University under an agreement with a partner organisation (e) the Students Union, its constituent societies, clubs and associations, and employees and sabbatical officers of the Students Union (f) all persons invited to speak in events to be held on University premises in accordance with provisions of this Code or otherwise lawfully on the University premises and all those attending such events (g) persons who, if it were not for the provisions of this Code, would have been invited to the event. It is the duty of all such persons to act in conformity with this Code. 5.2.2 Nothing in this Code shall be deemed to affect the rights of any person taking any steps pursuant to lawful industrial action. 5.2.3 For the purpose of this Code, meetings and activities include events arranged as part of the teaching programme where these involve the participation of visiting speakers and/or other persons who are not members, students or employees of the University. 58
5.3 Principles 5.3.1 The University expects all individuals working or studying with the University, or visiting the University for whatever purpose, to respect the equality and dignity of everyone regardless of gender, race, disability, religion and belief, sexual orientation, age, or any other characteristic. 5.3.2 So far as reasonably practicable, no premises of the University shall be denied to any individual or body of persons on any grounds connected with: (a) the beliefs or views of that individual or of that body, or (b) the policy or objectives of that body save where there is reason to believe that such individual or body of persons will commit an offence against the law, for example by expression of views in a manner contrary to civil or criminal law (for example, by incitement to racial hatred, sexual harassment, violence, breach of the peace or to unlawful activities generally or by direct support of an organisation whose aims and objectives are illegal). 5.3.3 All duly-authorised meetings and activities are entitled to proceed without disruption, without access or exit for speakers or audience being improperly impeded, without the safety of those attending or in the vicinity being endangered, without intimidation and without breach of the peace. 5.3.4 All events should have a designated Organiser (see Section 5.4 below). Should there be a reasonable likelihood that the requirements of paragraph 5.3.3 above may not be met, or that there may be any other breach of the law, the Organiser is required to designate the event as special (see Section 5.6 below). They should write to the appropriate person listed in 5.6.1, stating the reasons why the event should be regarded as special. 5.3.5 It is the responsibility of every individual to comply with the University s Code of Practice and Statement of Values (see Appendix 1) and the responsibility of every event Organiser to ensure that all those contributing to or attending events also comply. 5.3.6 Any breach of this Code shall be subject to appropriate disciplinary action which: (a) if committed by a member of staff shall be the normal staff management procedures (b) if committed by a student shall be the Student Disciplinary Rules and Proceedings (c) if committed by an outside user shall normally lead to refusal of subsequent requests for use of the University s premises. 5.4 Organisation of Events 5.4.1 All meetings or activities should have a designated Organiser of the event who is responsible for making all necessary arrangements with the appropriate officers of the University. 59
5.4.2 In the case of events arranged as part of the teaching programme, the Organiser is deemed to be the academic member of staff responsible for that element of the programme or as determined by the Executive Dean of Faculty. 5.4.3 In the case of outside bodies, the Organiser is deemed to be the individual person who signed the Accommodation Booking Form. He or she is personally responsible for the observance and performance both of the general conditions of hire and of any particular provisions set out in this Code relating to events designated as special. 5.4.4 Where events are arranged jointly by two or more bodies a single Organiser is to be nominated who will accept responsibility on behalf of all organising bodies. 5.5 Conduct of Meetings and Activities 5.5.1 At all meetings and activities: (a) the Organiser has a duty to secure as far as reasonably practicable that nothing in the preparation for or conduct of the event infringes the law. The Organiser is responsible for all arrangements for the event, including stewarding and chairing (b) it is the duty of the Organiser and/or Chair to secure as far as reasonably practicable that audience and speaker(s) act in accordance with the law during the meeting. In the event of unlawful conduct the Organiser and/or Chair should give appropriate warnings and, if unlawful conduct continues, require the withdrawal of persons concerned or their removal. It is contrary to the Code to seek, by systematic or organised heckling, disruption or similar activity, to prevent the lawful expression of views in accordance with this Code (c) it is contrary to this Code for any person to organise, or engage in, or any way to be or become associated with, any conduct with the intention of preventing (other than by reasonable and peaceful persuasion) any meeting from being held or continued. 5.5.2 It is a duty of all those subject to the Code to assist the University in upholding the rights of freedom of speech recognised in this Code. 5.5.3 Offences against this Code may give rise to disciplinary action (see paragraph 5.3.6). In addition, information may be supplied to the police where there are grounds for believing that a breach of the law may have taken place. 5.5.4 Where a breach of this Code occurs, it shall be a duty of all to whom the Code applies to take all reasonable steps to secure the identification of those involved in that breach. 5.6 Designation of Events as Special 5.6.1 It is the responsibility of the Organiser of any meeting or activity to consider whether there is a reasonable likelihood that the requirements of paragraph 5.3.3 above may not be met for reasons beyond the Organiser s ordinary control or that there may be any other breach of the law. If such reasonable likelihood exists the Organiser is required to request designation of the event as special using the Event Organiser Form (Appendix 2). In the first instance such requests should be submitted at the earliest opportunity to the appropriate member of staff as follows: 60
(a) to the Executive Dean of Faculty or Director of University Service (or their nominee) as appropriate in the case of meetings or activities arranged by a member of staff in the course of duty, including such events arranged in connection with the normal teaching programme; (b) to the Students Union Chief Executive (as the officer responsible for the booking of accommodation) in the case of meetings or activities arranged by the Students Union or a recognised society thereof; (c) to the Conference Office, Campus Services in the case of applications from outside bodies; (d) to the Chief Legal Officer or their nominee in all other circumstances. The request for authorisation of the event should normally be submitted 10 working days in advance. 5.6.2 The recipient of the application (as per paragraph 5.6.1 (a) (c) above) is to forward it to the Chief Legal Officer, together with such advice as thought appropriate, for consideration and decision unless the application is to be refused for administrative reasons such as those referred to in paragraph 5.8.4. 5.6.3 In cases in which it is reasonable to assume that there is a possibility of disruption at an event, the University may consult the police. 5.6.4 On receipt of a request for an event to be designated as special under paragraphs 5.6.1 to 5.6.2 above, the Chief Legal Officer may: (a) determine that the event does not need to be designated as special (b) designate the event as special and subject to the further conditions and controls as set out in Section 5.7 (c) refuse to give consent for such an event (Section 5.8). In the case of proposed events taking place on the Students Union premises, decisions will be taken after consultation with appropriate Students Union officers. 5.6.5 Without in any way reducing the responsibility of the organiser to apply for designation of any event as special, the Chief Legal Officer may: (a) from time to time issue directions that specify categories of meeting or activity that are to be treated as special under these rules and that Organisers are to apply for permission on that basis (b) designate a particular meeting or activity as special even if such designation has not been sought by the Organiser 61
5.7 Conditions and Controls Relating to Special Meetings and Activities 5.7.1 Permission for a special meeting or activity may be granted subject to such conditions as the Chief Legal Officer considers reasonably necessary to secure fulfilment of the University s statutory responsibilities concerning freedom of speech within the law. 5.7.2 The Organiser and every other person concerned with the organisation of an event for which permission is granted is required to comply with such conditions as may be laid down by the Chief Legal Officer in addition to complying with such conditions as apply to the generality of ordinary meetings and activities which take place on University premises. 5.7.3 By way of illustration, the special conditions might relate to such matters as restrictions on attendance, control of entry, number and suitability of stewards, planning of entry/exit routes, timing, duration and location of events, restriction of alcohol availability in the vicinity, display of banners, flags, placards, etc., liaison and co-operation with police and University security staff and control of press, radio and TV reporting facilities. In the case of the Students Union and its societies, conditions might also relate to the employment of adequate security by the Union and/or societies at their own expense. 5.7.4 The Organiser is required to satisfy the Chief Legal Officer that all such conditions will be complied with. Permission to hold the meeting or activity may be refused or cancelled where the Chief Legal Officer is not so satisfied. The Organiser must immediately notify the Chief Legal Officer of any material changes to the meeting or activity. The Chief Legal Officer reserves the right to review any earlier decision regarding the event or activity in the light of new information becoming available. 5.7.5 The Chief Legal Officer may nominate a Controlling Officer who shall have the right to be present on behalf of the University at such special events and who may issue directions to the Organiser, Chair and stewards as the Controlling Officer deems necessary. 5.7.6 The University may make charges to outside bodies in respect of costs arising from additional staff attendance and security arrangements of special events. 5.7.7 The Students Union and its recognised student societies will not normally be charged for the cost of additional University staff attendance and security arrangements, provided that the University s reasonable requirements have been complied with. However, the University reserves the right to place a limitation on the number of special events which the Union or its societies may hold in the course of a year without costs being charged. 5.8 Refusal to Authorise an Event 5.8.1 Any decision to refuse facilities on the grounds referred to in the proviso to paragraph 5.3.1 above (incitement to violence, etc.) or paragraph 5.7.4 (failure to meet conditions) shall be taken by the Chief Legal Officer. 5.8.2 The University will not unreasonably refuse to allow events to be held on its premises. The expression of controversial or offensive views which do not breach the law will not itself constitute reasonable grounds for withholding permission for an event. Reasonable 62
grounds for refusal would include, but are not limited to, the fact that the event may, within the premises of the University: a) incite those attending to commit a criminal act b) lead to the expression of unlawful views c) be in direct support of an organisation whose aims and objectives are illegal d) give rise to a breach of the peace. 5.8.3 In determining whether the holding of an event on University premises might reasonably be refused, consideration will be given to: a) the safety of persons attending the event and persons on University premises who might foreseeably be put at risk b) the security of University premises c) the good name and reputation of the University. 5.8.4 Nothing in this Code shall preclude refusal to accept a booking on administrative grounds, such as unavailability or suitable accommodation, inability to agree arrangements, past payment record, past behaviour record, inadequate notice, undue distraction to the work of those not directly involved in the event, etc. 5.9 Complaints and Appeals 5.9.1 Any complaint alleging breach of this Code in relation to the conduct of meetings and activities is to be addressed in writing to the Chief Legal Officer. 5.9.2 If any person or organisation believes that the decision of the Chief Legal Officer in refusing permission for an event, or that the conditions imposed by the Chief Legal Officer, other officers of the University, or the Students Union are unreasonable, they may appeal. Any appeal against a decision of the Chief Legal Officer under paragraphs 5.7.1 or 5.8.1 is to be addressed in writing to the Vice-Chancellor whose decision shall be final. Any such appeal must be made within five working days of the decision. 5.10 Review 5.10.1 As required by Section 43 of the Education (No 2) Act 1986, this Code of Practice will be kept up to date by annual review by the Chief Legal Officer. 63
Appendix 1 Values of the University: Its Commitment to Freedom of Speech The University believes that the encouragement of free and frank debate is a core element of its purpose. This is only possible if all members of the University community (students, academic and other staff) contribute to create an environment that tolerates openness, honesty, critical debate and diversity. We all therefore have a responsibility to actively support an environment that generates new ideas and offers them up for critical challenge. Such an environment leads to tensions between the rights of the individual for free expression and responsibilities to others to not be discriminated against or oppressed. Judgements have to be made to balance these conflicting rights. The University s Code of Practice on Freedom of Speech is an important tool to help the University balance this conflict. Responsibilities In order that the University can function as a secure community in which its members can freely share and question ideas it is necessary that all recognise their responsibilities to the other members of the community. This leads to rules that guide our behaviour. All members of the University community are expected to abide by the Code of Practice on Freedom of Speech and support the values described in this document. The University will encourage all to behave in a responsible way, consistent with the Code and will use appropriate disciplinary action if necessary in order to protect individual members of the University and the community as a whole. The University expects all members to: Abide by the University s regulations and the law of the land Not tolerate discrimination against individuals on any basis Support the right of free speech within the limits approved by the law. 64
Appendix 2 Meetings and Other Activities: Request for Authorisation an Event as Special All meetings or activities at the University should conform to the University s Code of Practice on Freedom of Speech. If an event organiser judges that there is a reasonable likelihood that the requirements of paragraph 5.3.3 will not be met they must seek designation of the event as special (paragraph 5.6.1). In such circumstances the Organiser must confirm acceptance of the University s Statement of Values (Appendix 1) and complete and sign the attached form. All event speakers must agree to take questions from any member of the event audience. The attached form should be completed and returned as indicated in regulation 5.6.1 of the Code of Practice normally at least 10 working days before the event. 65
Event Organiser Form* Event title Date / times Organiser s full name Organiser s contact details (organisation / address / mobile number, email) Speaker s full name Speaker s Organisation (Title and website url) Speaker s contact details Title of Talk Subject Matter If the speaker has spoken at the University before date of last previous occasion Has the speaker been refused permission to speak publicly at any other educational establishment before? If yes, provide details Time of arrival and departure of the speaker 66
How will the event be advertised and in what language? The numbers expected to attend and will it be open to the general public? Explanation as to why particular issues challenging freedom of speech may arise (continue on a separate sheet if necessary) NB: if more than one speaker, please complete a separate form for each speaker Are there any other details about the event that should be noted, e.g. is there likely to be media interest? If so, please provide details Organiser to read and sign: I have read the University s Code of Practice on Freedom of Speech and the University s Statement of Values and Behaviours. I confirm that this event and all its speakers will adhere to the Code of Practice and the principles of the Statement Signed: Date: *The Students Union uses an equivalent system using its own dedicated documentation. 67
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