The Code of Practice
1. Introduction
1.1. Section 43 of the Education (No 2) Act 1986 requires universities to ‘take such steps as are reasonably practicable’ to ensure that freedom of speech within the law is secured for their members, students, employees and visiting speakers.
1.2. The University of Derby (the “University”) values diversity and is committed to the principles of academic freedom and freedom of speech and expression.
1.3. As part of this, the University is required to produce and maintain a Code of Practice. This Code of Practice sets out the rights and obligations inherent in supporting the principles of freedom of speech and academic freedom within the law and the procedure to be followed by students and staff in connection with the organisation of events and meetings which fall under this Code of Practice.
2. Scope
2.1. This Code of Practice applies to:
a) all members, staff and students of the University (to include Emeritus Professors); and
b) visiting speakers to the University’s premises.
2.2. References in this Code of Practice to the “University’s premises” means those premises over which the University exercises control (including online or virtual classrooms and communication spaces).
2.3. The Code of Practice also applies to events, activities and meetings hosted by or on behalf of the University on non-University premises.
2.4. This Code of Practice is accessible on the University’s intranet and website.
3. Key Concepts
3.1. Freedom of speech means that everyone has the right to express lawful views and opinions freely, in speech or in writing, without interference.
3.2. Freedom of speech within the law is protected. This means that speech will not be protected if it contravenes some other law. Illegal or unlawful acts will not be tolerated by the University.
3.3. The University has a duty to protect its staff and students from unlawful discrimination, harassment, intimidation or threats of violence on the grounds of race, sex, age, religion or philosophical belief, sexual orientation, disability, gender reassignment, marriage and civil partnership, or pregnancy or maternity. However, the provisions of the Equality Act 2010 should not be interpreted to undermine freedom of speech and academic freedom. As a result, students’ learning experience and the working environment of staff may include exposure to research, course material, discussion or speakers’ views that they find offensive, contentious or unacceptable, but are nonetheless within the law, and unlikely to be considered unlawful harassment or discrimination under the Equality Act 2010.
3.4. Academic freedom, as defined in the Education Reform Act 1988, means freedom within the law to question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions without being at risk of being adversely affected. An individual would be deemed to have been adversely affected if they had either lost their job or privileges at the University or experiences a reduction in the likelihood that they would secure a promotion or different job at the University.
3.5. The University is committed to ensuring that academic staff have the freedom to question and test received wisdom and put forward new ideas and opinions without placing them at risk of losing their job, privileges or future opportunities. Academic freedom shall extend to all academic staff and to any visiting or guest lecturer invited by the University.
3.6. The University understands that within its community and among its visitors, there may be differing and conflicting ideas and views. Some of these opinions may be considered disagreeable or offensive by some or most of our community members. This can stem from wider conflicts involving ethnicity, religion, personal identity, or political convictions, which sometimes manifest on campus. While the University does not aim to shield individuals from uncomfortable ideas or opinions, it is crucial to note that freedom of speech is not absolute. Balancing the promotion and protection of free speech with legal boundaries is a challenge for universities. It involves recognising complex situations and making difficult judgments, often balancing conflicting rights. There will be a need, on occasion, to balance the right to freedom of speech against the need to protect the rights of others.
3.7. The University's trusted status as a facilitator of debate gives authority to the views of its members and invited speakers, providing a platform for discussion. However, the University is not obliged to host speakers simply upon request. Visiting speakers speak by invitation, ensuring their right to free speech is protected within the procedures outlined in this Code of Practice. The University is a defender and promoter of free speech, but it is not a public square, and it is not obliged to provide speaking opportunities to anyone or to everyone that desires one.
4. Values
4.1. The University recognises, supports and promotes freedom of speech and academic freedom, within the law, as a fundamental principle of a democratic society and one that is central to higher education. The University is an academic community of staff and students which values open-mindedness, critical thinking, and knowledge sharing. Known for high quality industry engaged programmes, research and practical applications across various disciplines, the University prides itself on its inclusive approach to education and its respectful culture, where diverse perspectives are welcomed. Central to the University’s concept of academic community is the ability of all its members to freely challenge prevailing orthodoxies, query the positions and views of others, and put forward views that may be understood by others as controversial or unpopular.
4.2. The University also holds the following core values, all of which support and uphold freedom of speech and academic freedom:
a) Value People - we respect one another and enable people to achieve beyond their expectations. We foster team spirit and create a strong sense of community, working together with students, colleagues, alumni, partners and our wider community;
b) Bold - we are progressive, ambitious and make an impact. We look for opportunities to stretch and challenge ourselves and others. We create communities where we are confident to share our views, challenge the status quo and celebrate success;
c) Future-focused - we are modern, seek out new ways of thinking and employ innovative practices. We have a confident and agile approach to change, working together to embrace challenge, take the lead and set the pace; and
d) Brilliance - we are curious, optimistic and strive for excellence in what we do. We believe we all can make a difference.
5. Steps the University takes to ensure freedom of speech within the law
5.1. The University will ensure that its teaching, curriculum, policies and procedures reflect its duties to ensure, so far as is reasonably practicable, freedom of speech and academic freedom within the law. In particular:
a) its processes for programme development and approval, quality assurance and academic assessment will respect the rights of freedom of speech and academic freedom;
b) its processes for facilitating research will respect the rights of freedom of speech and academic freedom; and
c) no individual will be subjected to disciplinary action or other less favourable treatment by or on behalf of the University solely because of the lawful exercise of freedom of speech or academic freedom. However, this will not preclude the University from taking disciplinary action against an individual where the relevant behaviour contravenes any applicable University policy.
5.2. The University does not enter into non-disclosure agreements related to complaints about(a) sexual abuse, sexual harassment or sexual misconduct and (b) bullying or harassment not falling within (a).
5.3. The University shall:
a) bring this Code of Practice to the attention of new students at registration and new staff during induction;
b) offer staff training on freedom of speech and academic freedom, as is appropriate to their respective roles;
c) periodically survey staff, students and other stakeholders for their views on freedom of speech and academic freedom at the institution and take the findings into account;
d) endeavour to ensure that there are adequate measures in place to raise concerns about freedom of speech and academic freedom;
e) endeavour to ensure that when new policies and procedures are introduced or reviewed, consideration is given to their impact on freedom of speech and academic freedom; and
f) monitor any concerns that have been raised about freedom of speech and academic freedom to ensure that they are addressed so far as is reasonably practical and that any lessons learned are incorporated into a review of relevant policies practices and procedures.
6. Events and meetings
6.1. Where any individual or body subject to the obligations of this Code of Practice wishes to hold an event, meeting or other activity for the expression of any views or beliefs held or lawfully expressed on University premises, consent must be sought.
6.2. It shall be reasonable to refuse consent where the University reasonably believes (e.g., from the nature of the speaker or from similar activities in the past whether held at the University or otherwise) that, without limitation:
a) the views likely to be expressed by any speaker are likely to be contrary to the law;
b) the intention of any speaker is likely to be to incite breaches of the law or to intend breaches of the peace to occur;
c) the event will include or is likely to include the denial of the right to hold or to express an opposing opinion;
d) the speaker and/or the organisation they represent advocates or engages in violence or non-violent extremism in the furtherance of their political, religious, philosophical or other beliefs;
e) the views likely to be expressed by any speaker are for the promotion of any illegal organisation or purpose, including organisations listed on the government's list of proscribed terrorist groups or organisations; or
f) it is in the interest of public safety, the prevention of disorder or crime or the protection of those persons lawfully on premises under the control of the University, that the event does not take place.
6.3. Where the University is reasonably satisfied that the otherwise lawful expression of views at an event or meeting on University premises is likely to give rise to disorder or threats to the safety of participants or the wider University community, the University shall consider what steps it is necessary to take to ensure the safety of all persons and the security of the premises controlled by the University. These may include but are not limited to: requirements as to the provision of security/ stewards, the speaker being part of a panel or ensuring that a member of staff is in attendance. The University may impose such conditions and requirements upon the organisers as it considers are reasonably necessary in all the circumstances.
6.4. The University may pass on the costs of security for using the premises to those arranging the relevant event or meeting in certain circumstances, such as where the costs are wholly disproportionate to the numbers likely to be attending the event and the event could be held in a more proportionate way, or where a visiting speaker could reasonably be expected to have their own security because of the political or state office they hold.
6.5. Where the University concludes that imposing conditions would not be sufficient to prevent serious disorder within premises subject to their control, it may decline to permit the event to proceed.
6.6. Where any person or body to whom this Code of Practice applies is seeking to hold an event or meeting outside of the normal academic curriculum (as determined by the University Secretary & Registrar following consultation with relevant colleagues) or one to which an external speaker will be invited, the University’s Event Approval Procedure in Annex A will be followed.
7. Conduct at events
7.1. Everyone has the right to free speech within the law. The University expects students, staff and visitors to ensure that freedom of speech within the law is assured.
7.2. All persons to whom this Code of Practice applies are required to observe the principle of freedom of speech and expression while on the University’s premises and shall show respect and tolerance towards the right of others to express their views, opinions and beliefs within the law, even though those views, opinions or beliefs may run contrary to their own personal views, opinions or beliefs.
7.3. A member of staff or student who organises an event on the University’s premises shall be responsible for ensuring, as far as is reasonably practicable, that the event is conducted in a manner to promote freedom of speech whilst maintaining good order and academic discipline and does not involve or lead to damage to property or an infringement of the law. The University’s Management of Approved Events Procedure in Annex B will be followed.
7.4. University staff and students are required to ensure that they do not wilfully engage in conduct that prevents, obstructs or disrupts the holding or orderly conduct of any event or other lawful activity that takes place on the University’s premises.
7.5. Nothing in this Code of Practice shall be taken to prohibit the lawful exercise of the right to peacefully protest. Protests against an event must be conducted without infringing the rights of others, including others’ rights to freedom of speech. No protest should prevent an event allowed under this Code of Practice from going ahead as scheduled.
7.6. Infringements of, or departures from, this Code of Practice in whatever respect may render those responsible subject to disciplinary proceedings. In addition to disciplinary proceedings, breaches of the law may give rise to prosecution. All students and members of staff are under an obligation to assist with any investigation into any allegation of a breach of this Code of Practice.
8. Teaching and research settings
8.1. This section applies to activities taking place in teaching, education, and research settings as well as other academic activities that take place within the University, whether organised by staff or students. All such activities should have an identified ‘Organiser’, for example, this may be the teaching module lead. This organiser is responsible for compliance with this Code of Practice.
8.2. When teaching potentially sensitive or controversial views, organising activities such as research seminars, or other academic activities, the abovementioned organiser should consider what steps they can take to ensure that freedom of speech and academic freedom is protected. This includes creating an inclusive environment that ensures that all students or participants are given the opportunity to present and argue in favour of alternative viewpoints, and teaching students’ principles that enable them to ‘disagree well’, for example ways to provide evidence and rational argument for their views.
8.3. Further steps could include, for example:
a) Identifying in advance any topics that may be reasonably considered to have an adverse impact on particular students or participants, making it difficult for them to participate in the activities in question, how this might manifest during the activity, and how this will be addressed if it does arise;
b) Speaking to participants at the start of a module that contains potentially sensitive or contentious topics and outlining how challenging issues will be discussed in a way that allows all points of view to be expressed and discussed rigorously and respectfully;
c) Providing information in advance about any sensitive or contentious content, to enable participants to prepare and to be able to articulate their point of view rigorously and respectfully during discussions; and
d) Reminding all participants of their obligations under this Code of Practice. It may also be appropriate to remind students of the University’s Student Code of Conduct.
8.4. Occasionally, situations may arise where the views expressed cause particular distress to some staff or students. Where possible, this risk should have been identified in advance and actions taken to mitigate the risk, such as those listed above. Should a particularly challenging situation arise, it will be up to the academic member of staff responsible to determine the most appropriate response. This could include providing those who are distressed with an opportunity to articulate their point of view, and to explore this with the rest of the group. It may also be helpful to take a temporary break in the session to provide time for reflection and to discuss the issue with the staff or students concerned. The University would not expect an activity to be cancelled in these circumstances as this may deprive other students of the opportunity to express their freedom of speech and to explore challenging issues.
9. Breaches and complaints
9.1. The University may take steps to secure compliance with this Code of Practice, including, where appropriate, disciplinary action.
9.2. If an offence is allegedly committed at or in connection with an event or activity to which the provisions of this Code of Practice apply, in addition to any internal disciplinary procedures (staff or student) that may be appropriate, the University may take steps to assist the police in identifying any persons committing offences.
9.3. Any concerns regarding this Code of Practice or the actions of the University in respect of it should be directed to the University’s Secretary & Registrar at governance@derby.ac.uk in the first instance. For complaints relating to this Code of Practice, or actions taken in connection with it, please see the Freedom of Speech Complaint Procedure in Annex C below.
10. Governance, review and advice
10.1. The University’s Secretary & Registrar is authorised by the University’s Governing Council to act on their behalf to ensure compliance with this Code of Practice and its review.
10.2. The University’s Secretary & Registrar shall review this Code of Practice annually and, if they deem it necessary, recommend amendments to it for consideration by Governing Council.
Annexes
Annex A: Event Approval Procedure
1. Initial Assessment
1.1. Any person or group wishing to hold an event on the University’s premises (the ‘Organiser’) must seek formal approval of the same and complete this procedure in advance of the event taking place. This applies to both internal and external bookings for any of the University’s premises. Where the University is to provide commercial event hosting services to a third party, the relevant member of staff with responsibility for coordinating the provision of these services to the third party will be considered to be the Organiser for the purposes of this procedure and will adhere to this procedure. Event organisers agree to abide by the Code of Practice.
1.2. When considering the organisation of an event to be held on the University’s premises or inviting an external speaker to participate in that event, the Organiser should consider whether the proposed event or proposed speaker’s presence represents a potential risk to the University or its ability to exercise its duties. The Organiser will: (i) in the case of a member of staff, consult with their line manager; or (ii) in the case of a student, consult with the Union of Students and the relevant student society (if any), as to the suitability of a proposed event and the proposed external speaker(s) (if any).
1.3. The Organiser will exercise judgement in determining the suitability of a potential event and the external speaker(s) (if any) with respect to the principles outlined in this Code of Practice, the relevant University policies and the objects of the University, which are, for the public benefit, to: (a) promote and advance education and training; and (b) promote, undertake and advance research.
1.4. To seek formal approval for an event the Event Approval Request Form must be completed and, together with a fully completed risk assessment, submitted by the Organiser at least 20 working days prior to the date of the proposed event. The University Secretary & Registrar shall consider this information in accordance with paragraph 2 below.
1.5. If any party to which the Code of Practice applies has a concern about a proposed event or the suitability of a potential external speaker(s), they may refer the matter to the University Secretary & Registrar for consideration pursuant to paragraph 2 below.
1.6. The Organiser must ensure that nothing is done to advertise, publicise or promote the event through any channel until the event has been approved in accordance with this procedure.
2. Request Assessment
2.1. On receipt of a request form, the University Secretary & Registrar or their nominated deputy will consider the request in accordance with the criteria described in clause 6 of the Code of Practice and either approve the request within five working days or, if there is a concern about the event, which shall include without limitation, the suitability of the proposed external speaker, then the reason will be communicated to the Organiser. The Organiser shall update the written request as soon as possible if they become aware of any material changes to the information provided in the original request so that the University Secretary & Registrar can reassess the request.
2.2. If the Organiser can provide adequate reassurances, then the request will be approved with suitable restrictions in place. If not, the University Secretary & Registrar shall not approve the event and it will not take place.
2.3. Adequate reassurance might include:
- requesting information about any previous events at which the speaker has presented, including, if available, transcripts, recordings or summaries;
- limiting attendees;
- ticketing of the event;
- limitations on promotion and advertising of the event by approval of any advertising material, restriction of where material can be placed, or limitation of what types of material can be used;
- confirmation of the identity of attendees in advance of the event;
- supervisors to be provided by the organisation;
- presence of nominated University staff to ensure good order;
- limitation on what attendees may bring to the event;
- not allowing banners, flags or place cards or similar items into the building or onto relevant parts of the site;
- closing down the event if there is a breach of the law or threat to the safety of attendees or event speakers, even if the event is already underway;
- speaker(s) being open to challenge and debate;
- facilitation of the attendance of those who may hold views contrary to those expressed by the speaker(s) at the event;
- provision of adequate opportunity for a wide range of views to be expressed and challenged including, as appropriate, requiring a debate format or the inclusion of a moderated Q&A;
- nomination by the University Secretary & Registrar of an independent chair for the event;
- limiting the presence of press/media or media production equipment; or
- stipulation that the event is recorded in order to provide a definitive record.
2.4. An Organiser may appeal the decision of the University Secretary & Registrar to a panel comprised of members of the University Executive Board and the University Leadership Group, led by the Chief Operating Officer (the “Panel”). An appeal should be made in writing and submitted to the Chief Operating Officer within 5 working days of the date of the original decision letter or email.
2.5. The Panel shall consider the matter and respond to the Organiser in writing within a target of 10 working days.
2.6. The decision of the Panel is final.
Annex B: Management of Approved Events
1.1. Following event approval, the Organiser shall be responsible for liaising with the relevant members of University staff to secure the use of the premises and all associated facilities and services which may be required to facilitate the staging of the event. The Organiser shall be responsible for compliance with all relevant promotion and advertising timescales, as are stipulated by the University, in respect of their event. The promotion and advertisement of an event by the University will be subject to the availability of relevant resource.
1.2. The University shall be entitled but not obliged to nominate a member of staff (the ‘Event Liaison Officer’) to act on its behalf during the planning and staging of an event. The Event Liaison Officer shall have authority to take any lawful action on behalf of the University and to issue reasonable instructions to the Organiser to ensure the good conduct of the event and compliance with the Code of Practice.
1.3. The Organiser must comply with all lawful restrictions stipulated by the University in relation to the location and management of the event including, without limitation, stewarding, control over proceedings and ensuring adequate supervision of those attending.
1.4. The Organiser shall be responsible for meeting all costs involved in organising and holding the event, and for ensuring as far as possible that nothing in the organisation and holding of the event infringes the law in any way.
1.5. The Organiser will make all external speakers (if any) aware of the Code of Practice prior to the commencement of the event.
1.6. While an event is in progress, the University shall have the right to require the Organiser to terminate the event if the conduct of the event gives rise to concerns for the University that the safety of persons attending cannot be reasonably guaranteed, or that a breach of the law or a breach of the Code of Practice or any of the restrictions imposed pursuant to the event approval process occurs or is deemed by the University to be likely to occur.
1.7. The University may also withdraw its consent and terminate an event either during or prior to its commencement if it becomes apparent that the content/nature of the event or the identity or numbers of speakers previously notified to the University have changed. This includes a situation where an attendee speaks at the event.
Annex C: Freedom of Speech Complaint Procedure
1.1. This Freedom of Speech Complaint Procedure can be used by staff and students of the University, applicants for employment by the University and visiting speakers who wish to raise concerns relating to a breach of the Freedom of Speech Code of Practice (a “Complainant”).
1.2. Complaints should be submitted to the University Secretary & Registrar within 30 days of the incident or event occurring. The University will not normally accept complaints made outside of this timeframe unless substantial mitigating evidence is provided to show that engagement in the complaints during the procedural timescales was not reasonably possible.
1.3. Complaints should be submitted using the designated Freedom of Speech Complaints form, which is available on request from governance@derby.ac.uk, and supported by complete evidence. There is not normally a further opportunity to submit additional evidence, following initial submission.
1.4. Following receipt of a complaint form, a nominee, on behalf of the University Registrar and Secretary, will consider the complaint to determine if the complaint falls within the scope of this procedure. Whilst complaints received from Complainants on an anonymous basis will be considered, it may not be possible for the University to effectively investigate these complaints and it may decline to investigate further.
1.5. The University may redirect the complaint in part, or in full, if it believes that concerns raised by the Complainant are better considered under another relevant University procedure. In this instance, the Complainant will be informed of this decision in writing and directed to the appropriate procedure and team. Where the Complainant is a member of staff, this may include the University’s Staff Grievance Procedure. Where the Complainant is a student, this may include the University’s Complaints Procedure.
2. Investigation
2.1. Following consideration, and if it is determined that the complaint falls within the scope of this procedure, an investigator will be appointed (the “Investigator”). The Investigator, so far as reasonably possible, will not have had any prior involvement with the event, incident or persons raising the concerns, to ensure that a fair and impartial investigation can be undertaken.
2.2. The Investigator will aim to conclude their investigation within 20 working days of formal appointment.
2.3. The Investigator will have access to the submitted complaint form and evidence. The Investigator may arrange a meeting with the Complainant to seek clarification of their concerns. The Investigator may also identify and speak to witnesses or seek further evidence.
2.4. If the Complainant is invited to meet with the Investigator, they may be supported in the meeting by: Student; Union of Students Representative or Student Services support; Staff; Trade Union representative. As the Freedom of Speech Complaint Procedure is an internal procedure, focused on resolution, it is not normally expected that external or legal representation will be required/permitted to attend a meeting with the Investigator.
2.5. Following investigation, the Investigator will determine if the complaint is Upheld, Partially Upheld or Not Upheld. This will be communicated to the Complainant in writing and will be supported by the provision of rationale for the decision taken.
3. Review
3.1. If the Complainant remains dissatisfied following the outcome of the complaint, they may request a review of the complaint outcome. The Complainant should request a review in writing, making clear their grounds for escalation. The submission of new evidence is not normally valid grounds for requesting a review, unless it can be shown that it was not reasonably possible to submit the evidence for consideration as part of the initial investigation.
3.2. Requests for review should be made no later than 10 days after the date of the investigation outcome letter.
3.3. If accepted, the review will be undertaken by a member of the University’s Executive Board or a nominated Senior Leader.
3.4. The Reviewer will aim to complete the review within 20 working days following formal acceptance/appointment.
3.5. The Review will be a desk-based review of the complaint, available evidence/documentation, and the outcome of initial investigation. The review will not normally necessitate further investigation of the concerns; however, the review will seek to establish:
a) If the procedure was followed; and
b) Whether the previous investigation and outcomes were arrived at fairly and were proportionate.
3.6. The outcome of a review will be communicated to the Complainant in writing, providing details of their consideration and rational. The outcome of the review is final.
4. Conduct
4.1. All interactions with the University in relation to a Freedom of Speech Complaint are expected to be professional and respectful, upholding the principles of:
a) Students: The Student Code of Conduct;
b) Staff: How we Work; and
c) Visitors: The Visitors Conduct Expectations.
4.2. The University may take disciplinary action in relation to complaints that are found to be vexatious or malicious.
5. Connected Policies and Procedures
- Student Complaints Procedure
- Staff Grievance Procedure
- Student Code of Conduct
- Student Conduct Procedures
- How We Work and
- Staff Disciplinary Procedure.