Policy statement on freedom of speech

Members, students, and employees of the University must conduct themselves so as to ensure that freedom of speech within the law is secured for members, students, and employees of the University and for visiting speakers. The freedom protected by this Code of Practice is confined to the exercise of freedom of speech within the law. The University believes that a culture of free, open and robust discussion can be achieved only if all concerned avoid needlessly offensive or provocative action and language.

Whilst there is no legal prohibition on offending others, the University expects speakers and those taking part in meetings or protest activities to respect its values, to be sensitive to the diversity of its community and to show respect to all sections of that community. An event which is likely to give rise to an environment in which people will experience, or could reasonably fear, harassment, intimidation, verbal abuse or violence, particularly because of their ethnicity, race, nationality, religion or belief, sexual orientation, gender, disability or age, is also likely to be unlawful.

Under section 43 of the Education (No 2) Act 1986 universities are required to issue a Code of Practice. The following Code was approved by Council on 13 July 2009 and takes effect on 1 October 2009.

Advice on any aspect of this Policy Statement and the Code of Practice may be obtained from the Proctors' Office.

Code of Practice on Freedom of Speech

Code of Practice issued under section 43 of the Education (No 2) Act 1986:

1. Section 43 of the Education (No 2) Act 1986 requires the University to issue and keep up to date a code of practice to be followed by members, students, and employees of the University for the organisation of meetings and other events, which are to be held on University premises, and for the conduct required of members, students, and employees of the University in connection with meetings and other events. No revision of this Code will take effect until due notice has been given by publication in the University Gazette.

2. This Code applies to all members, students, and employees of the University, in respect of all University premises. Outdoor as well as indoor meetings and other events on University premises are included.

3. An intentional or reckless breach of this Code of Practice is an offence under section 2 (3) of Statute XI of the University's Statutes and may be the subject of disciplinary action. Where the acts of individuals involve alleged breaches of criminal law, the University will assist the prosecuting authorities in implementing the due process of law and any internal disciplinary proceedings may be deferred or suspended pending the outcome of criminal proceedings.

Meetings and events on University premises

(a) Meetings and events to which this Code applies

4. In this part of the Code reference to a meeting or an event refers to meetings or other events where the nature of the meeting or event, the identity of the speaker or speakers or some other factor gives rise to reasonable concern on the part of the organisers, the Proctors or other individuals that the proposed meeting or event may be disrupted or may result in violence, disorder, harassment or any other unlawful activity.

5. The Proctors are responsible for approving suitable arrangements for such meetings and events and may make such directions, or issue such guidance, as is necessary to ensure that the nature and conduct of the meeting is lawful and in accordance with the provisions of this Code.

(b) Organisation of such meetings or events

6. It shall be the duty of the organisers of every such meeting or event to seek the approval of the Proctors for the holding of that meeting.

7. Any other member of the University or member of staff who has concerns about a prospective meeting or event should bring his or her concerns promptly to the attention of the Proctors and the Proctors shall take such reasonable steps as are warranted under paragraph 5 above.

8. Organisers should supply details of the date, time and place of the meeting, the names, addresses, and Colleges (if any) of the organisers, the name of the organisation making the arrangements, and the name of any expected speaker, whether or not a member of the University. Information is required at least seven working days in advance (although the Proctors may, at their discretion, agree to receive information closer to the time of the meeting than this). The Proctors may cancel any meeting or event where the required information has not been provided seven working days in advance.

9. The organisers of meetings and events should comply with any conditions set by the Proctors concerned with the arrangements for the conduct of the meeting. Such conditions may include a requirement that tickets should be issued, that an adequate number of stewards should be provided, that the police should be consulted about the arrangements, and that the time and place of the meeting should be changed. The cost of meeting the requirements, and the responsibility for fulfilling them, rests with the organisers (save for academic meetings or events, where the expense rests with the department, faculty or college concerned).

10. The Proctors will not seek to curtail or cancel a meeting or event unless in their considered opinion the meeting or event infringes on the legitimate rights and freedoms of others or poses a significant risk to health and safety or there is some other substantial and lawful ground for the curtailment or cancellation. The Proctors will consult as necessary with the Vice-Chancellor, or in his absence the Pro-Vice-Chancellor (Education, Academic Services and University Collections), and where necessary with the University Marshal and police about forthcoming meetings and events covered by the Code. In any case where serious disruption may be anticipated which may not be effectively addressed by any condition specified under paragraph 9 above, the Proctors shall have power, having taken into consideration any advice received from the Marshal and/or police, to order or to advise the cancellation, postponement, or relocation of the meeting.

11. All decisions will be reached by the Proctors following careful consideration of the evidence available to them and will be limited to those actions that are reasonable, proportionate and necessary to prevent crime or disorder, or otherwise protect the legitimate rights and freedoms of others.

12. If an organiser is unhappy with the outcome of a decision of the Proctors he or she may write to the Vice-Chancellor or, in the absence of the Vice-Chancellor, the Pro-Vice-Chancellor (Education, Academic Services and University Collections), setting out clear reasons for unhappiness with the decision and requesting a reconsideration of the decision.

(c) Conduct at such meetings or events

13. The organisers and those in attendance at any meeting or event must comply with any reasonable instructions given during the course of a meeting or event by a Proctor, by any other University officer or person authorised to act on behalf of the University in the proper discharge of his or her duties, or by police.

14. It is the duty of every member, student, and employee of the University not to impede any person entitled to be present from entering or leaving a place where the right to freedom of speech is being or is to be exercised. This duty is subject only to such conditions as may have been specified in accordance with the terms of this Policy or any limitations imposed or directions given by the police or other relevant public authority.

15. Nothing in this Code shall be taken to prohibit the exercise of the right to protest by peaceful means; provided always that such protest is conducted lawfully within the general principles and other requirements of this Code, and the provisions of the Statutes and Regulations of the University.

Colleges

16. The provisions of section 43 of the Education (No 2) Act 1986 apply also to the colleges in respect of their own members, students, and employees, and in respect of visiting speakers.

University premises made available for use by outside organisations

17. In any case where the University is proposing to grant permission to an outside organisation or group to hold meetings or events on University premises, the outside organisation or group shall be required to act in accordance with this Code of Practice.

Other legal requirements

18. The University is mindful of its pro-active duties under equality legislation. The right to freedom of speech is constrained by laws protecting others from discrimination, victimisation and harassment, protecting national security and public safety, preventing of disorder or crime, protecting the reputation and rights of others, and preventing the disclosure of information received in confidence. Reference to such legislation and guidance can be found in the Annexe.

Applications of the Code

19. Any person who is in any doubt about the application of this Code of Practice to any meeting, event or public gathering on University premises is under an obligation to consult the Proctors, who will determine whether the provisions of the Code apply.

ANNEXE

Relevant legislation and sources of information

Legislation in this area is characterised by three key themes (the current text of the legislation can be found by searching the Office of Public Sector Information website):

Protection of the special status of Higher Education Institutions:

Education Act 1986
Education (No. 2) Act 1986
Education Reform Act 1988

Anti-discrimination legislation and proactive equalities legislation:

Human Rights Act 1998 (incorporating the European Convention on Human Rights)
Employment Equality (Sexual Orientation) Regulations 2003
Employment Equality (Religion or Belief) Regulations 2003
Race Relations Act 1976
Race Relations (Amendment) Act 2000
Sex Discrimination Act 1976
Disability Discrimination Act 1995, as amended
Equality Act 2006
Racial and Religious Hatred Act 2006

Provisions that qualify rights:

Public Order Act 1986
Crime and Disorder Act 1998
Protection from Harassment Act 1997
Criminal Justice Act 2003 and Criminal Justice (Scotland) Act 2003