Freedom of Speech and Expression University Standard

Title

The University of North Carolina at Chapel Hill Freedom of Speech and Expression Standard

Introduction

Purpose

This Standard is intended to provide guidance, structure, and procedural safeguards for The University of North Carolina at Chapel Hill ("the University") in accordance with the University's Freedom of Speech and Expression University Policy.

Scope

This Standard applies to all University students, staff, faculty, and visitors who wish to engage in expressive conduct on University Property.

Standard

Material and Substantial Disruptions on Campus

Students, staff, and faculty may assemble and engage in spontaneous expressive activity as long as such activity is lawful and does not materially and substantially disrupt the functioning of the University. A material and substantial disruption includes, but is not limited to, any or all of the following:

  1. Any action that qualifies as disorderly conduct under North Carolina General Statute (N.C.G.S.) § 14-288.4;
  2. Any action that qualifies as a disruption under N.C.G.S. § 143-318.17;
  3. Any action in violation of a Chancellor’s designation of a curfew period pursuant to N.C.G.S. § 116-212; and
  4. Any action that results in the individual receiving a trespass notice from law enforcement.

Speech and Expression Not Protected by Policy

The University may restrict speech and expression or activity not protected by the First Amendment under State or federal law, including but not limited to, all of the following:

  1. Expression that a court has deemed defamation.
  2. Unlawful harassment.
  3. True threats, which are defined as statements meant by the speaker to communicate a serious expression of intent to commit an act of unlawful violence to a particular individual or group of individuals.
  4. An unjustifiable invasion of privacy or confidentiality not involving a matter of public concern.
  5. An action that materially and substantially disrupts the functioning of the University, or that substantially interferes with the protected free expression rights of others.
  6. Reasonable time, place, and manner restrictions on expressive activities, consistent with N.C.G.S. § 116-300(4).
  7. Speech that interferes with the treatment of patients.

Distributing Institutional Policy Information

Students

The University will inform students annually about this Standard, its related policy, and Article 36 of Chapter 116 of the N.C.G.S. Any information provided will include the name and contact information of the institutional officer, office, or department responsible for ensuring compliance with this Standard and for answering any related questions or concerns.

Faculty and Staff

The University will periodically provide faculty and staff with information describing the University’s institutional policies regarding free speech and free expression consistent with this Standard, its related policy, and Article 36 of Chapter 116 of the N.C.G.S. Any information provided will include the name and contact information of the institutional officer, office or department with responsibility for ensuring compliance with this Standard and for answering any related questions or concerns.

Outside Parties

The University will make available to outside parties information describing institutional policies regarding free speech and free expression consistent with this Standard and with Article 36 of Chapter 116 of the N.C.G.S. Any information provided will also include the name and contact information of the institutional officer, office, or department with responsibility for ensuring compliance with this Standard and for answering any related questions or concerns.

Consequences for Violation of Policy

The University will ensure it safeguards University students, faculty, and staff by developing alternative approaches to minimize the possibility of disruptions and support the right to dissent.

1. General Disciplinary Authority

The University shall implement and enforce a range of disciplinary sanctions, up to and including dismissal or expulsion, for anyone under the University's jurisdiction who:

  • Materially and substantially disrupts the University, or any other entity or unit of the University; and/or
  • Substantially interferes with the protected free expression rights of others.

2. Progressive Disciplinary Process

First Violation

Any University student, faculty, or staff member who is found to have materially and substantially disrupted the functioning of the University, or any other unit or entity of the University, or who substantially interfered with the protected free expression rights of others shall be subject to a full range of disciplinary sanctions according to the appropriate disciplinary procedures for misconduct, including suspension, or, as appropriate, expulsion or dismissal.

Second Violation

Any second finding of a material and substantial disruption or substantial interference shall presumptively result in at least a suspension as provided by the appropriate disciplinary procedures. However, the University may impose a different sanction if warranted.

Third Violation

Any third finding of a material and substantial disruption or substantial interference shall presumptively result in an expulsion of the student or dismissal from employment of the faculty member or staff employee. However, the University may impose a different sanction if warranted.

Procedural Safeguards

Students

Students involved in expressive speech or conduct disciplinary cases where disciplinary action is proposed for materially and substantially disrupting the functioning of the University, or substantially interfering with the protected free expression rights of others, are entitled to a disciplinary hearing under published procedures and UNC System Policy 700.4.1, including, at a minimum:

  1. The right to receive advance written notice of the charges;
  2. The right to review the evidence in support of the charges;
  3. The right to confront witnesses against them;
  4. The right to present a defense;
  5. The right to call witnesses;
  6. A decision by an impartial arbiter or panel;
  7. The right of appeal; and
  8. The right to active assistance of counsel, consistent with N.C.G.S. § 116-40.11.

Faculty

Faculty members involved in expressive speech or conduct disciplinary cases where a demotion, suspension, or dismissal is proposed for materially and substantially disrupting the functioning of the University, or substantially interfering with the protected free expression rights of others, are entitled to the procedural protections provided by Sections 603, 604, and 609 of The Code of the Board of Governors of the University of North Carolina.

EHRA Non-Faculty Employees

EHRA Non-Faculty employees involved in expressive speech or conduct disciplinary cases where a demotion, suspension, or dismissal is proposed for disrupting the functioning of the University, or substantially interfering with the protected free expression rights of others, are entitled to the procedural protections provided by UNC System Policy 300.1.1 and any additional protections established by the UNC System Office or the University’s relevant disciplinary and grievance policies.

SHRA Employees

SHRA employees facing a demotion, suspension, or dismissal for materially and substantially disrupting the functioning of the UNC System Office, the University, or any other entity or unit of the University, or substantially interfering with the protected free expression rights of others, are entitled to the procedural protections provided by the UNC System's SHRA Employee Grievance Policy and any State or University disciplinary policies.

Definitions

  • Consistent with UNC System Policy 1300.8, "University Property" is defined as any building, Structure, or outdoor space that is owned, leased, operated, managed, or controlled by the University.

Related Requirements

External Regulations and Consequences

This Standard supplements, but does not supplant or modify, state laws governing the activities of public officials. The Standard shall be implemented in accordance with regulations and guidelines adopted by the President of the UNC System:

University Policies, Standards, and Procedures

Contact Information

Policy Contact

The Chancellor has delegated the authority to implement this Standard and ensure compliance with UNC System Policy 1300.8. The Senior Associate Vice Chancellor of Student Success and Administration in the Office of Student Affairs has been designated as the primary contact.

Name: Jonathan Sauls
Title: Senior Associate Vice Chancellor of Student Success and Administration, Office of Student Affairs
Telephone: 919-966-4045
Email: jsauls@email.unc.edu

Other Contacts

Name: Katie Nolan
Title: Associate University Counsel, Office of University Counsel
Telephone: 919-445-1577
Email: kbnolan@unc.edu

Name: Matthew Teal
Title: Associate Director, Office of University Policy
Telephone: 919-445-8364
Email: mwteal@email.unc.edu

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