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UCL's Code of Practice: Protecting Academic Freedom & Campus Safety, Lecture notes of Human Rights

UCL's commitment to upholding academic freedom and safeguarding freedom of speech on campus. It covers the legal framework, the responsibilities of the university, and the procedures for considering events and protests. The code applies to all staff, students, and visitors, and aims to ensure the smooth running of the university while fulfilling legal obligations.

What you will learn

  • How does UCL ensure that freedom of speech is secured for all members and visitors?
  • What are the procedures for considering events and protests at UCL?
  • What are UCL's legal obligations regarding freedom of speech?

Typology: Lecture notes

2021/2022

Uploaded on 09/27/2022

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UNIVERSITY COLLEGE LONDON CODE OF PRACTICE ON FREEDOM OF SPEECH
INTRODUCTION
1. UCL has a long tradition of safeguarding freedom of speech. UCL is committed to upholding
academic freedom of enquiry in its teaching and research and to ensuring that free and open
discussion can take place in an atmosphere of tolerance. The key aim of UCL policies is the
creation of an environment on and off campus that permits freedom of speech and expression
within a framework of respect for the rights of others. These are included in codes of practice,
policies and procedures that students agree to comply with on commencement of their
studies.
2. The Education Act (No 2) 1986 (the “Act”) enshrines a positive and proactive legal duty on
universities (Section 43) to promote and protect freedom of speech on campus, and states
that the only constraints on the duty to secure freedom of speech are those imposed by the
law. It is therefore for the law, not for institutions, to set limitations.
3. This duty includes a responsibility to ensure that the use of University premises is not denied
to any individual or group on the grounds of the belief or views of that individual or any
member of that group or on the grounds of the policy or objectives of the group.
4. This does not mean, however, that the right to freedom of expression is unfettered. It is
limited, for example, by laws for the protection of the reputation or rights of others, to protect
national security and public safety, for the prevention of disorder or crime, and to prevent the
disclosure of information received in confidence.
5. Universities do not function in a vacuum, and wider conflicts and disputes, for example
involving ethnicity or religious faith, may sometimes find expression on campus amongst the
student body or other constituencies. The challenge for UCL is to identify when the pursuit of
freedom of ideas and expression crosses a threshold and becomes unlawful or poses
unacceptable risks to the health, safety or welfare of employees, students or visitors.
PURPOSE
6. The following Code of Practice has been enacted to ensure that as far as reasonably
practicable, freedom of speech within the law is secured for members, students and
employees of the University as well as for visiting speakers.
AUTHORITY
7. UCL Council authorises the Registrar and Head of Student & Registry Services to act on its
behalf to ensure as far as is reasonably practicable that all members of the University (staff
and students), and all visiting speakers, comply with the provisions of this Code of Practice.
SCOPE
8. The provisions of the Code apply to all staff, students and visitors to UCL and to any other
person in attendance at any meeting or other function, which has been duly authorised to take
LONDON’S GLOBAL UNIVERSITY
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UNIVERSITY COLLEGE LONDON CODE OF PRACTICE ON FREEDOM OF SPEECH

INTRODUCTION

  1. UCL has a long tradition of safeguarding freedom of speech. UCL is committed to upholding academic freedom of enquiry in its teaching and research and to ensuring that free and open discussion can take place in an atmosphere of tolerance. The key aim of UCL policies is the creation of an environment on and off campus that permits freedom of speech and expression within a framework of respect for the rights of others. These are included in codes of practice, policies and procedures that students agree to comply with on commencement of their studies.
  2. The Education Act (No 2) 1986 (the “Act”) enshrines a positive and proactive legal duty on universities (Section 43) to promote and protect freedom of speech on campus, and states that the only constraints on the duty to secure freedom of speech are those imposed by the law. It is therefore for the law, not for institutions, to set limitations.
  3. This duty includes a responsibility to ensure that the use of University premises is not denied to any individual or group on the grounds of the belief or views of that individual or any member of that group or on the grounds of the policy or objectives of the group.
  4. This does not mean, however, that the right to freedom of expression is unfettered. It is limited, for example, by laws for the protection of the reputation or rights of others, to protect national security and public safety, for the prevention of disorder or crime, and to prevent the disclosure of information received in confidence.
  5. Universities do not function in a vacuum, and wider conflicts and disputes, for example involving ethnicity or religious faith, may sometimes find expression on campus amongst the student body or other constituencies. The challenge for UCL is to identify when the pursuit of freedom of ideas and expression crosses a threshold and becomes unlawful or poses unacceptable risks to the health, safety or welfare of employees, students or visitors.

PURPOSE

  1. The following Code of Practice has been enacted to ensure that as far as reasonably practicable, freedom of speech within the law is secured for members, students and employees of the University as well as for visiting speakers.

AUTHORITY

  1. UCL Council authorises the Registrar and Head of Student & Registry Services to act on its behalf to ensure as far as is reasonably practicable that all members of the University (staff and students), and all visiting speakers, comply with the provisions of this Code of Practice.

SCOPE

  1. The provisions of the Code apply to all staff, students and visitors to UCL and to any other person in attendance at any meeting or other function, which has been duly authorised to take LONDON’S GLOBAL UNIVERSITY

place on UCL premises. The Code also applies as appropriate to outside organisations hiring UCL premises and to public meetings held on the premises.

  1. This Code of Practice applies to all meetings and events (including lectures, seminars, committee meetings, conferences and musical and theatrical performances whether live streamed or recorded) and any other activities (referred to as “events”) proposed, planned or due to take place on any University premises, wherever situated.
  2. The general principles set out in this Code of Practice apply to all demonstrations, events and meetings held on campus whether including an external speaker or not, together with all events held off University campus or premises which are University organised, funded or branded, including events organised by individuals, groups or societies using the University name or resources.
  3. The term ‘premises’ is deemed to mean all UCL property including buildings, grounds, gardens, courtyards and other open spaces including any designated for student use.

GENERAL PRINCIPLES

  1. UCL is bound by statutory duty to secure freedom of speech. In addition, freedom of thought, freedom of expression and freedom of assembly and association are enshrined within the law.
  2. Academic staff are protected in their teaching, research, and speech by the provision on Academic Freedom expressed within UCL’s Charter and Statutes. Statute 18 provides that: ‘Academic staff have freedom within the law 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.’
  3. Freedom of expression also has to be set in the context of the University’s values, and the values of a civilised, democratic, inclusive society. UCL expects speakers and those taking part in protest activities to respect those values, to be sensitive to the diversity of its inclusive community, and to show respect to all sections of that community. These precepts apply in particular to the way in which views are expressed and the form of protest activities.
  4. The right to freedom of expression and freedom of assembly are safeguarded in Articles 9, 10 and 11 of the European Convention on Human Rights and given further effect by Schedule 1 of the Human Rights Act 1998. The articles also outline the duties and responsibilities required to exercise these freedoms as follows:

‘ The exercise of these freedoms, since it carries with it duties and responsibilities, may be

subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the

judiciary.’

As such, freedom of expression, speech and assembly are protected by the law but are not unqualified.

External Speakers and the Students’ Union UCL’s External Speaker Information and Procedures document.

PROCEDURES

  1. The Procedure for the Management of Events that include External Speakers should be used by all staff when booking an event that includes an external speaker.
  2. For external speakers attending at the invitation of a Students’ Union UCL club or society the relevant procedure is available at: http://studentsunionucl.org/how-to-guides/how-to-organise-event-with-external-speaker

WITHHOLDING OR WITHDRAWAL OF PERMISSION TO HOLD AN EVENT

  1. The primary purpose of this Code of Practice is to ensure that UCL is able to fulfil its legal obligations to promote freedom of speech, whilst at the same time fulfilling its other legal obligations and statutory duties, and to ensure the smooth running of the University.
  2. The withholding or withdrawal of permission will only occur in exceptional circumstances where measures cannot be put in place to secure freedom of speech within the law and wherever possible after consultation with the Principal Contact and appropriate internal and external parties as are deemed appropriate by the Registrar and Head of Student & Registry Services. The Registrar and Head of Student & Registry Services has the sole discretion to take this decision.

APPEAL AGAINST THE DECISION

  1. Appeals against the rulings of the Registrar and Head of Student & Registry Services may be made in writing to the President and Provost, or their nominee, whose decision shall be final but must be reported to the next meeting of Council and to the next meeting of Academic Board.

PENALTIES AND SANCTIONS

  1. If any actions involve breaches of the law, UCL will assist the prosecuting authorities to implement the process of law, and may suspend any internal disciplinary proceedings pending the outcome of any such processes.

COSTS

  1. All other costs, including any additional external policing and security costs, shall be borne by the appropriate budgetary group or other financial entity except where it can be clearly shown that the right to freedom of speech is being inhibited by lack of funds. This shall not apply to events held by external hirers, where all costs shall be borne by the hirer.

REPORTING IN RESPECT OF A BREACH OF THE CODE INFRINGEMENTS

  1. The Registrar and Head of Student & Registry Services shall report to the Council on the circumstances of any significant infringements of, and departures from, the provisions of this Code.

EXCEPTIONS TO THE CODE

  1. There are no exceptions to this Code. Appeals against any decisions are detailed in paragraph 30.

REVIEW, AMENDMENTS AND MONITORING OF THE CODE

  1. The University acknowledges its duty under subsection 3 of section 43 of the Education (No.
    1. Act 1986 to issue and keep up to date a Code of Practice on Freedom of Speech. UCL Council should therefore receive a report on the operation of the Code, together with any recommendations for the revision of it, at intervals not exceeding 3 years. This report shall be consulted with the Academic Board prior to consideration by Council.

ADVICE AND GUIDANCE

  1. If in doubt about whether this Code applies to an event or speaker, University staff, students and other Members of the University should seek advice from the Head of Room Bookings, Timetabling and Conferences, in the first instance. The Deputy Security Manager and UCL Prevent Lead can provide additional advice where required. UCL Security Services can provide practical advice and assistance regarding the hosting of the event itself.

LEGAL CONTEXT AND UCL POLICIES AND PROCEDURES

  1. This Code is underpinned by both external legal context as well as an internal framework of Statutes, policies and procedures. The principal elements of the legal context are documented at Appendix 1 and the UCL framework at Appendix 2.

November 2018

UNIVERSITY COLLEGE LONDON CODE OF PRACTICE ON FREEDOM OF SPEECH-

APPENDIX 2

UCL FRAMEWORK OF POLICIES AND PROCEDURES

The following policies, regulation and codes support the legal context and are relevant for the operation of UCL’s Code of Practice on Freedom of Speech.  Procedure for the Management of Events that include External Speakers  Students’ Union UCL External Speaker Information and Procedure  UCL Charter and Statutes, in particular Statute 18  Visitor Code of Conduct  Student Code of Conduct  Student Disciplinary Code and Procedure  Policy on Safeguarding  Bullying and Harassment staff and student  Support to Study  Fitness to Study  Staff Discipline procedure  Equalities and Diversity Policy  Religion and Belief Equality Policy for Students  Dignity at Work Policy  UCL Health and Safety Policy