Free Speech

The First Amendment (Amendment I) to the United States Constitution prohibits the making of any law respecting an establishment of religion, or prohibiting the free exercise of religion, or abridging the freedom of speech, or of the press, or the right of the people to peaceably assemble, and to petition the government for a redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights.

Speech matters. If it didn't, there would be no reason to protect it. Sometimes the effects of free speech are positive, and sometimes these effects are negative. Sometimes our views depend on the opinion being discussed. For example, if you support an opinion then free speech grounded in that opinion seems like a great idea. If you disagree with the opinion then free speech may seem like a bad idea. The purpose of free speech is to allow for truly open dialogue and exchange of ideas among people who may not agree with one another.

Freedom of expression is considered a fundamental right by law. Expression includes verbal and nonverbal actions that communicate a person’s opinion, point of view, or identity. Freedom of expression includes the right to express your views aloud (for example through public protest and demonstrations) or through:

• published articles, books or leaflets
• television or radio broadcasting
• works of art
• the internet and social media

Although you have freedom of expression, you also have a duty to behave responsibly and to respect other people’s rights.

Michigan Technological University is an institution where both students and faculty are free to pursue scholarship in an open environment without fear of reprisal. The rights of faculty members to conduct scholarly activities in accordance with professional standards in their disciplines are guaranteed. Likewise, the rights of students to question, without fear of reprisal, the positions and points of view espoused by faculty is assured. A successful academic community depends on a balance of teaching and scholarship; both suffer when the freedom to pursue either in a fully open manner is compromised.

Academic Freedom has limitations. 

• Faculty are entitled to freedom in the classroom to provide instruction on topics related to their subject-area expertise, but are advised not to portray themselves as experts on matters that fall outside of their subject. 
• University educators are citizens and also employees.  When they speak or write as citizens, they are free from institutional censorship or discipline, but they should remember that the public may judge their profession and their institution by their utterances. Hence, members of the Michigan Tech community should at all times strive to be accurate, exercise appropriate restraint, show respect for the opinions of others, be aware of the limits of their professional expertise. 
• When speaking or writing as a citizen, Michigan Tech employees must make every effort to indicate that they are not communicating for the University. Including a statement such as: “All views expressed here represent exclusively my own views and not those of my employer” helps to clarify that an employee is speaking as a citizen rather than as a representative of the University. 

Bias is a preconceived negative opinion or attitude about a group of people who possess common physical characteristics or cultural experiences

A  bias-related incident is any conduct, speech, or expression, motivated in whole or in part by bias or prejudice that is meant to intimidate, demean, mock, degrade, or marginalize, individuals or groups based on that individual or group’s actual or perceived: disability and ability, age, geographic background, citizenship or immigration status, ethnicity, race, sex, color, gender, genetic information, national origin or ancestry, gender identity and expression, sexual orientation, parenting and pregnancy status, religion, veteran status, first generation status, or socioeconomic status.

Often, bias-related incidents are broadly or generally directed to an individual or group of individuals or include an action that, while disturbing and could cause negative consequences such as the loss of mutual respect, is not criminal or a University policy violation, and also could be protected under the first amendment.

Explicit bias is bias that is occurring directly and on a conscious level.  

• An example would be when someone says “I don’t think women should be CEOs because they are too emotional.”

Implicit bias is bias that occurs indirectly and on a subconscious level. 

• An example would be when at the hospital a woman walks into the room and the patient assumes it is the Nurse instead of the Doctor because of her gender.

According to the United State Department of Justice, the first federal hate crimes statute was enacted in 1968. The statute made it a crime to use, or threaten to use, force to willfully interfere with any person because of race, color, religion, or national origin and because the person is participating in a federally protected activity, such as public education, employment, jury service, travel, or the enjoyment of public accommodations, or helping another person to do so. Federal protections include: gender, disability, gender identity, or sexual orientation. Within the state of Michigan, a person is guilty of ethnic intimidation if that person maliciously threatens or physically contacts a person with intent to intimidate, harass, or damage the property of that person because of that person’s race, color, religion, gender, or national origin.

• Prohibition of Discrimination or Harassment
• Grounds Policy
• Student Conduct Policies
• Student Leadership and Involvement Policies
• Faculty Handbook: Academic Freedom
• Threatening and Violent Behavior in the Workplace
• University Senate Policy 106.1 Academic Freedom
• University Senate 3.1.6 Statement of Professional Ethics

In an EMERGENCY, dial 911.

Assistance and problem-solving processes on campus are offered in various ways. If you have a concern that you believe impedes these efforts for you personally, or for a friend or colleague, you have options to report these concerns. There are several options for submitting a report including reporting anonymously. You may also choose to report in person or you may address concerns or questions confidentially. 

To report online: 

Submit via the Report a Concern webpage. 

For many of the Report of Concern options, you can choose to submit your concern anonymously if preferred. 

• Please note that if you submit anonymously, we will respond to your concern, but will not be able to provide you with information regarding the outcome of the intervention and/or resolution.

For confidential assistance:  

Students may contact the Center for Student Mental Health and Well-being  at 906- 487-2538 and employees may contact the Employee Assistance Program. Also available is Office of the Ombuds at speters@mtu.edu or 906-487-2391.

For assistance and  in-person reporting: 

You may report your concern in person to the following offices:

• Center for Diversity and Inclusion 
• Dean of Students Office 
• The Office of Academic and Community Conduct
• International Programs and Services
• Equal Opportunity Compliance and Title IX
• Human Resources
• Graduate School 
• Office of the Ombuds
• Public Safety and Police Services

All concerns are taken seriously and reviewed in a timely and thorough manner.  Once a concern is submitted, staff will assess the situation and determine any actionable steps. Below is a sample of how the process may work:

1. An incident is reported through the official reporting form.
2. When a report is submitted, a staff member will acknowledge receipt of report and offer to meet with the reporter to discuss next steps and connect them to resources. Reports may also be submitted anonymously which may limit the University’s ability to respond to an incident. Michigan Tech highly values confidentiality, and only crucial or emergency information is shared to appropriate contacts.
3. Responses to incidents will vary depending on the severity of the event and can range from referrals to appropriate offices on campus to restorative conversations between the parties involved.
4. If the person reporting the incident requests follow-up, an appropriate staff member will contact them to provide support and resources.
5. When the student code of conduct is violated, the Office of Academic and Community Conduct will begin their own investigation and will determine possible sanctions. When criminal activity occurs, Public Safety and Police Services are notified and pursue their own investigation and respond accordingly. When cases involve faculty or staff as respondents, Human Resources and/or Institutional Equity work on addressing the incident or concern.

Yes.

When behaviors substantially interfere with another individuals's fee speech or the ability to receive such expression.

Disruptive behavior may include, but is not limited to:

• Blocking the view or hearing of others with signs, banners, props, setting alarms, producing noise, etc.
• Using laser pointers
• Turning lights off in the room
• Displaying facsimile weapons
• Excessive yelling over a speaker ("heckler's veto")

You can have a sign, but it can not block the view of others.

The group or individual would be subject to having its conduct reviewed.

Hate speech does not have a legal definition in the United states, but typically it is speech that insults or demeans others based on protected class (race, religion, gender, sexual orientation, disability, etc.). Because hateful speech is protected by the First Amendment, Michigan Tech cannot lawfully restrict such speech unless:

1. 1. 1. 1. it ends up falling into unprotected speech that the First Amendment does not protect (true threats, incitement of violence or lawless action, fighting words, defamation, obscenity, unlawful harassment and discrimination, invasion of privacy)
         2. causes a substantial disruption or interference with University operation
         3. violated the University's reasonable time, place, or manner restrictions.

Every case is evaluated individually, but the University would not typically proceed with action against an individual who had no involvement in or advanced knowledge of disruptive behavior if the person did not engage in it themselves.

When multiple students and/or employees are involved in the same incident, each may not receive the same outcomes. While the behaviors in question may be similar, each individual may have their own unique conduct history that may warrant differential outcomes. Registered Student Organizations are subject to the Student Code of Community Conduct.

Yes.

For the safety of the community, those attending a demonstration, protest, or similar activity, Public Safety may be present. Their job is to assist in the facilitation fo peaceful public assemblies and protect participants, counter-protesters, observers, and community members. If needed, they are also present to de-escalate tense or violent situations that may arise.