(A)
Basis for
policy
Section
3345.0215 of the Revised Code
requires that each state institution of higher education adopt a policy that
affirms the principles stated in paragraph (B) of this policy and establish a
process under which a student, student group, or faculty member may submit a
complaint about an alleged violation of this policy by any employee of the
institution. Further, section
3345.0212 of the Revised Code
requires each state institution of higher education to adopt a policy on
harassment that is consistent with and adheres strictly to the definition of
harassment in section
3345.0211 of the Revised Code.
University policy 01.040 also communicates Ohio university's commitment to
freedom of expression.
(B)
Rationale for
policy
Ohio university is committed to
maintaining the campus as a marketplace of ideas for all students and all
faculty in which the free exchange of ideas is not suppressed because the ideas
put forth are thought by some or even by most members of the institution's
community to be offensive, unwise, immoral, indecent, disagreeable,
conservative, liberal, traditional, radical, or wrong-headed.
To support this commitment and ensure
compliance with federal and state laws and regulations, Ohio university has
developed this policy and related processes that inform members of the
university community about prohibited behavior and provide a prompt, fair, and
impartial process to address alleged violations of this policy.
Further, Ohio university affirms the
following principles set forth in the Revised Code:
(1)
"Students have a
fundamental constitutional right to free speech."
(2)
Ohio university
is "committed to giving students broad latitude to speak, write, listen,
challenge, learn, and discuss any issue," subject to paragraph (E) of this
policy.
(3)
It is for "individual students and faculty to make
judgments about ideas for themselves and to act on those judgments not by
seeking to suppress free speech but by openly and vigorously contesting the
ideas they oppose."
(4)
It is not the proper role of Ohio university "to
attempt to shield individuals from free speech, including ideas and opinions
they find offensive, unwise, immoral, indecent, disagreeable, conservative,
liberal, traditional, radical, or wrong-headed."
(5)
Although Ohio
university greatly values civility and mutual respect, "concerns about civility
and respect will not be used" by Ohio university "as a justification for
closing off the discussion of ideas, however offensive, unwise, immoral,
indecent, disagreeable, conservative, liberal, traditional, radical, or
wrongheaded those ideas may be to some students or faculty."
(6)
"Although all
students and all faculty are free to state their views about and contest the
views expressed on campus, and to state their views about and contest speakers
who are invited to express their views on campus, they may not substantially
obstruct or otherwise substantially interfere with the freedom of others to
express views they reject or even loathe." To that end, Ohio university "has a
responsibility to promote lively and fearless freedom of debate and
deliberation and protect that freedom."
(7)
Ohio university
is "committed to providing an atmosphere that is most conducive to speculation,
experimentation, and creation by all students and all faculty, who shall always
remain free to inquire, to study, and to evaluate, and to gain new
understanding."
(8)
"The primary responsibility of faculty is to engage an
honest, courageous, and persistent effort to search out and communicate the
truth that lies in areas of their competence."
(C)
Definitions
As used in the policy:
(1)
"Benefits"
include, without limitation: recognition, registration, the use of Ohio
university facilities for meetings or speaking purposes, the use of Ohio
university's channels of communication, and funding sources that are otherwise
available to any student group at Ohio university.
(2)
"Constitutional
time, place, and manner restrictions" means restrictions on the time, place,
and manner of free speech that do not violate the First Amendment to the United
States Constitution or Article I, Sections 3 and 11 of the Ohio Constitution
that are reasonable, content- and viewpoint- neutral, narrowly tailored to
satisfy a significant institutional interest, and leave open ample alternative
channels for the communication of the information or message to its intended
audience.
(3)
"Education program or activity" means locations,
events, or circumstances, including employment, where the university exercises
substantial control over both the respondent and the context in which the
alleged policy violation occurs and includes any building owned or controlled
by a student organization that is officially recognized by the
university.
(4)
"Expressive activities" means any lawful verbal,
written, audiovisual, or electronic means by which individuals may communicate
ideas, including all forms of peaceful assembly, protests, speeches,
distribution of literature, carrying and displaying signs, and circulating
petitions.
(5)
"Faculty" or "faculty member" means any person, whether
or not the person is compensated by a state institution of higher education,
and regardless of political affiliation, who is tasked with providing
scholarship, academic research, or teaching. For purposes of this policy, the
term "faculty" includes tenured and nontenured professors, adjunct professors,
visiting professors, lecturers, graduate student instructors, and those in
comparable positions, however titled. For purposes of this policy, the term
"faculty" does not include persons whose primary responsibilities are
administrative or managerial.
(6)
"Free speech"
means speech, expression, or assemblies protected by the First Amendment to the
United States Constitution or Article I, Sections 3 and 11 of the Ohio
Constitution, verbal or written, including, but not limited to, all forms of
peaceful assembly, protests, demonstrations, rallies, vigils, marches, public
speaking, distribution of printed materials, carrying signs, displays, or
circulating petitions. "Free speech" does not include the promotion, sale, or
distribution of any product or service.
(7)
"Harassment" is
conduct and/or expression that is not protected by the First Amendment to the
United States Constitution or Article I of the Ohio Constitution because it
is:
(a)
Unwelcome; and
(b)
So severe,
pervasive, and objectively offensive that it effectively denies an individual
equal access to the individual's education program or activity.
Expression (either in person, in
writing, or by telecommunication) must meet both elements to be actionable
under Ohio university policies addressing harassment. If there is a conflict
with the definition of harassment found in university policy 03.004 or 40.001,
those definitions take precedence.
(8)
"Student" means
any person who is enrolled on a full-time or part-time basis at Ohio university
and includes student groups.
(9)
"Student group"
means an officially recognized group at Ohio university, or a group seeking
official recognition, comprised of admitted students that receive, or are
seeking to receive, benefits through Ohio university.
(D)
Statement of policy
(1)
No employee of Ohio university may suppress, restrict,
limit, or otherwise hinder the constitutional right to free speech of a
student, student group, or faculty member.
(2)
Likewise, except
as stated in paragraph (E) of this policy, neither Ohio university nor any of
its administrators acting in their official capacity shall prohibit any
individual from engaging in noncommercial expressive activity on campus, so
long as the individual's conduct is lawful and does not materially and
substantially disrupt the functioning of the institution.
"Materially and substantially disrupt"
means when a person, with the intent to, or with knowledge of doing so,
significantly hinders another person's or group's expressive activity, prevents
communication of their message, or prevents the transaction of the business of
a lawful meeting, gathering, or procession by either:
(a)
Engaging in
violent or otherwise unlawful behaviors; or
(b)
physically
blocking or using threats of violence to prevent any person from attending,
listening to, viewing, or otherwise participating in an expressive activity.
This does not include conduct that is protected under the First Amendment to
the United States Constitution or Section 3 Article I of the Ohio
Constitution.
(3)
No person may retaliate against any individual because
the individual made a report, testified, assisted, participated, or refused to
participate in any manner in an investigation, proceeding, or hearing under
this policy. The exercise of rights protected under the First Amendment to the
United States Constitution or Section 3 Article I of the Ohio Constitution does
not constitute retaliation prohibited under this paragraph.
(4)
Ohio university's
commitment to freedom of expression does not extend to harassment. Policies
addressing harassment may be found in the student code of conduct, university
policy 03.004, and university policy 40.001.
(E)
Applicable scope
of policy
Nothing contained in this policy shall
be construed as prohibiting Ohio university from imposing measures that do not
violate the First Amendment to the United States Constitution or Article I,
Sections 3 and 11 of the Ohio Constitution such as (see also university
policies 01.040, 01.042 and 01.044, linked in this paragraph):
(1)
Constitutional
time, place, and manner restrictions;
(2)
Reasonable and
viewpoint-neutral restrictions in nonpublic forums;
(3)
Restricting the
use of Ohio university's property to protect the free speech rights of students
and faculty members and preserve the use of the property for the advancement of
the institution's mission;
(4)
Prohibiting or
limiting speech, expression, or assemblies that are not protected by the First
Amendment to the United States Constitution or Article I, Sections 3 and 11 of
the Ohio Constitution;
(5)
Content restrictions on speech that are reasonably
related to a legitimate pedagogical purpose, such as classroom rules enacted by
faculty members.
Nothing in this policy shall be
construed to grant students the right to disrupt previously scheduled or
reserved activities occurring in a traditional public forum.
Nothing in this policy enables
individuals to engage in conduct that intentionally, materially, and
substantially disrupts another individual's expressive activity if it occurs in
a campus space reserved for exclusive use or control of a particular individual
or group.
Further, nothing in this policy shall
be interpreted as restricting or impairing the university's obligations under
federal law, as addressed through its nondiscrimination and Title IX policies.
Such federal law includes, but is not limited to, Title IV of the Higher
Education Act of 1965, Title VI of the Civil Rights Act of 1962, Title VII of
the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972,
Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with
Disabilities Act, Age Discrimination in Employment Act, and the Age
Discrimination Act of 1975.
(F)
Reporting
violations
Students, student groups, and faculty
members may use any of the options below to submit a complaint about an alleged
violation of this policy by an Ohio university employee. Reports may be
submitted regarding any alleged violation.
(1)
Report online
using the freedom of expression form by clicking on submit report at
https://www.ohio.edu/equity-civil-rights
. Reports submitted online are routed immediately to the
director of university equity and civil rights compliance
(ECRC).
(2)
File a report with ECRC by mail, phone, or email. A
report may be submitted at any time (including during non-business hours) using
the contact information below. Reports may also be made in person at the ECRC
office on business days when a staff member is available.
University equity and civil rights
compliance 006 Lindley hall
Ohio university
Athens, Ohio 45701 740-593-9140
(phone)
equity@ohio.edu
(3)
Harassment that
also rises to the level of a crime (e.g., an actual threat, child pornography)
should also be reported to the Ohio university police
department.
(G)
Investigation and adjudication
Investigation and adjudication of
complaints under this policy will be conducted pursuant to the freedom of
expression policy grievance process (linked from the references part of this
policy).
