Freedom of Speech Code of Practice and Events Bookings¹

Statement on Freedom of Speech²

1. The College seeks to conduct its affairs in an open and responsible manner. In line with its values of quality and integrity, and being progressive and person-centred, the College endorses the principles of freedom of speech and holds that all staff, students, patients and clients have the right to speak freely, without fear of disciplinary action or any other sanction provided they do so lawfully, without malice, acting not against any public interest and so as not to cause public disorder or a breach of the peace.
   
   
2. The College asserts the importance of upholding the principal of freedom of speech, whether this is in the face of concerns about reputational risk, strong disagreement and protest from staff or students, or financial pressure from overseas states or partners.
   
   
3. Because the College is committed to free and open inquiry in all matters, it guarantees all members of the College community the broadest possible latitude to speak, write, listen, challenge, and learn. Except insofar as limitations on that freedom are necessary to the functioning of the College, the College fully respects and supports the freedom of all members of the College community “to discuss any problem that presents itself.” Of course, the ideas of different members of the College community will often and quite naturally conflict. But it is not the proper role of the College to attempt to shield individuals from ideas and opinions they find unwelcome, disagreeable, or even offensive. Although the College greatly values civility, and although all members of the College community share in the responsibility for maintaining a climate of mutual respect, concerns about civility and mutual respect can never be used as a justification for closing off discussion of ideas, however disagreeable those ideas may be to some members of our community, as long as their expression is within the law³ and would not be considered deeply offensive or to constitute harassment by a reasonable person.
   
   
4. The freedom to debate and discuss the merits of competing ideas does not, of course, mean that individuals may say whatever they wish, wherever they wish. The College will restrict expression that violates the law, that falsely defames a specific individual, that constitutes a genuine threat or harassment, that unjustifiably invades substantial privacy or confidentiality interests, or that is otherwise directly incompatible with the functioning of the College. In addition, the College may reasonably regulate the time, place, and manner of expression to ensure that it does not disrupt the ordinary activities of the College. But these are narrow exceptions to the general principle of freedom of expression, and it is vitally important that these exceptions never be used in a manner that is inconsistent with the College’s commitment to a completely free and open discussion of ideas.
   
   
5. In short, the College’s fundamental commitment is to the principle that debate or deliberation may not be suppressed because the ideas put forth are thought by some or even by most members of the College community to be offensive, unwise, immoral, or wrong-headed. It is for the individual members of the College community, not for the College as an institution, to make those judgments for themselves, and to act on those judgments not by seeking to suppress speech, but by openly and vigorously contesting the ideas that they oppose. Indeed, fostering the ability of members of the College community to engage in such debate and deliberation in an effective and responsible manner is an essential part of the University’s educational mission. As a corollary to the College’s commitment to protect and promote free expression, members of the College community must also act in conformity with the principle of free expression. Although members of the College community are free to criticise and contest the views expressed on campus, and to criticise and contest speakers who are invited to express their views on campus, they may not obstruct or otherwise interfere with the freedom of others to express views they reject or even loathe. To this end, the College has a solemn responsibility not only to promote a lively and fearless freedom of debate and deliberation, but also to protect that freedom when others attempt to restrict it.

Statement on Events Bookings

1. The College has both the right and the power to regulate and if necessary impose conditions or restrictions upon the conduct of meetings or other activities on its premises. The College has a responsibility to ensure the safety of its students, staff, patients and clients, and to ensure that students’ study is not disrupted nor property damaged and that good order and proper academic discipline is maintained throughout. The College has a right to protect its good name and reputation, but not to the extent of inhibiting lawful freedom of speech

2. The College has no obligation to hold meetings or events on its premises that are open to the public, but in its discretion may allow such meetings or events to take place and in doing so may impose such conditions as the College sees fit.

Principles

The following principles apply to the use of College premises in connection with meetings or other activities:

1. Freedom of speech and lawful expression is and remains a cardinal policy of the Northern College of Acupuncture.

2. The articulation of particular viewpoints shall not be prevented solely on the basis that they are deemed “unacceptable” by some or some part of the College community.

3. Peaceful demonstration is a legitimate means of drawing attention to an issue or to a viewpoint.

4. Any act of demonstration which diminishes the rights or liberties of others or endangers the safety of individuals, or is likely to lead to the damage of property or seeks to deny a fair hearing, is condemned and steps will be taken to prevent such acts or activities.

5. Action will be taken to prevent any speech which constitutes, or in the view of the College is likely to constitute, a criminal offence, or incitement to commit a criminal offence.

If the College has reason to believe that a meeting or event will contravene the above principles, then the College will prohibit such meeting or activity.

The College will impose such conditions on the holding of all meetings and events on College premises as it considers, in its absolute discretion, are necessary to secure the principles stated above and in particular to fulfil its statutory responsibilities, the maintenance of law and order, the safety of its students, its staff, patients and clients and the protection of the freedom of speech.

Administrative Procedures

Extra-curricular events or classes organised by Staff or Students

The following procedures must be followed by students and staff of the College in respect of all extra-curricular events or classes. The College appoints the following to act on its behalf in granting permission for the holding of meetings or events within the Principles provided by this Code:

1. A single person must be nominated as primary organiser of any such event and that individual must be a registered student or staff member of the College. The primary organiser shall ensure that at least two weeks’ notice is given before the date of the proposed meeting or event.

2. For events organised by students, initial permission must be sought from the relevant Course Director.

3. For staff members of the College inviting external speakers, initial permission must be sought from their relevant line manager.

4. Permission must then be sought from the College Manager who in deciding whether to grant such permission must:

a) take into account the Principles set out in this Code and the matters referred to in the statement on freedom of speech;

b) undertake any appropriate consultation regarding the proposed meeting or event, including considering the experience and ability of the organisers and their willingness and ability to ensure the good conduct of the meeting or event;

c) take into account all aspects of security and safety.

Room Hire at College Premises by External Organisations

The College has no obligation to make its premises available to external organisations and the lack of available space means that requests to use College space are infrequent. The College reserves the right to impose such conditions as in its absolute discretion it considers appropriate with regard to any meetings or events organised by external organisations. For the avoidance of doubt, such conditions will not only include the Principles set out in this Code but also any other conditions that the College considers appropriate for the particular meeting or event.

All approvals of external applications for the use of College premises are subject to the hirer completing the appropriate documentation, agreeing to the standard conditions and any conditions of hire and paying in advance any necessary fees.

Anyone hiring College premises shall be responsible for taking such steps as are reasonably practicable to ensure that the Principles set out in this Code are maintained throughout the meeting or event.

Right of Appeal

Any appeal against the decision made under this Code may only be made by the primary organiser of the event. A final appeal against a decision where a particular application has not been approved or where a particular condition has been maintained must be made to the Principal within seven days of the issue of the decision. The Principal’s ruling shall be final. The Principal shall report any ruling made in respect of such an appeal to the next meeting of the Board of Directors.

Failure to follow this process

Failure to follow this process will be treated as a disciplinary matter.

¹Reviewed by Board of Directors 1^st July 2021. Next review July 2024

²The College is indebted to the University of Chicago, whose Report of the Committee on the Freedom of Expression informs much of this statement.

³The following may be in breach of criminal law: speech causing fear or provocation of violence; acts intending or likely to stir up hatred on grounds of race, religion or sexual orientation; speech amounting to a terrorism related offence; and causing a person harassment, alarm or distress where this would constitute an offence under the Public Order Act 1986. There are also circumstances in which speech may be unlawful in civil law, including defamation. This can include defamatory material on social media.