Code of Practice on Freedom of Speech
Preamble
1. The University is required by Section 43 of the Education (No. 2) Act 1986 to take ‘such
steps as are reasonably practical to ensure that freedom of speech within the law is
secured on university premises for members, students and employees of the university
and for visiting speakers’.
Furthermore, the use of university premises, so far as
reasonably practicable, is not to be denied to ‘any individual or body of persons on any
ground connected with:
(a)
the beliefs or views of that individual or of any member of that body; or
(b)
the policy or objectives of that body’.
2. The University seeks to conduct its affairs in an open and responsible manner. The
University endorses the principles of freedom of speech. The University holds that all
staff and students 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.
3. The University 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 University has a responsibility to ensure the safety of its students, its staff and
employees, that students’ study is not disrupted nor property damaged and that good
order and proper academic discipline is maintained throughout. The University has a
right to protect its good name and reputation.
4. The University 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 University sees fit.
Principles
The following principles apply to the use of University premises in connection with meetings or
other activities:
1. Freedom of speech and lawful expression is and remains a cardinal policy of the
University.
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 University 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, disrupts students’ studies 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 act or activities.
5. Action will be taken to prevent any speech which constitutes, or in the view of the
University is likely to constitute, a criminal offence, or incitement to commit a criminal
offence.
If the University has reason to believe that a meeting or event will contravene the above
principles, then the University will prohibit such meeting or activity.
The University will impose such conditions on the holding of all meetings and events on
University 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 and employees and the protection of the
freedom of speech.
Administrative Procedures
Internal Meetings
The following procedures must be followed by students and employees of the University in
respect of all meetings or events. The University 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 principal organiser of any such event and that
individual must be a registered student or employee of the University. The principal
organiser shall ensure that at least two week’s notice is given before the date of the
proposed meeting or event.
2. For registered student societies inviting external speakers, initial permission must be
sought from the MUSU.
3. For events organised by students not as part of a student society, initial permission must
be sought from the relevant School Dean.
4. For employees of the University inviting external speakers, initial permission must be
sought from their relevant line manager.
5. Permission must then be sought by either the MUSU or the relevant line manager from
the Academic Registrar who in deciding whether to grant such permission must:
(a)
take into account the requirements of the Education (No. 2) Act 1986;
(b)
take into account the Principles set out in this Code and the matters referred to in
the Preamble;
(c)
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.
(d)
take into account all aspects of security and safety including the advice of the
University’s security team and the police with regard to any risk assessment, and
in the event of any advice from the University’s security team or the police, the
Academic Registrar should consider what, if any, alternative arrangements might
be made to so reduce any risk as to allow for permission to be granted.
(e)
in the event of police advice as to any likely breach of the peace not to permit any
meeting or event.
Hire of Premises by External Organisations
The University has no obligation to make its premises available to external organisations. The
University 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 University considers appropriate for the particular meeting or
event.
All approvals of external applications for the use of University 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 the University 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 principal
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 Vice
Chancellor within seven days of the issue of the decision. The Vice Chancellor’s ruling shall be
final. The Vice Chancellor shall report any ruling made in respect of such an appeal to the next
meeting of the Board of Governors.
Appendix A - Booking form (to be completed by Principal Organiser)
Name of organiser:
Date permission for event has been submitted:
Organiser’s contact details
Tel:
Mobile:
Email:
Name of event:
Date and time of event:
Room requirements:
Room booked:
Layout:
IT equipment
Special requirements
Name of speaker:
Organisation(s) represented by speaker
Contact details for speaker:
All organisations likely to be represented at the event:
Who is the expected audience:
Is this a request to open the event to the public? If so, why?
Has the speaker spoken at the University before?
Has the speaker been refused to speak publicly or at any other
educational establishment before? If yes, please provide details:
Do you foresee any likelihood of problems occurring as detailed in the
Code of Practice? If yes, please provide details:
Please provide details on publicity for this event:
NB For more than one speaker please complete a separate form for each speaker
I have read and agree to abide by the Code of Practice on Freedom of Speech in the University
Signed:__________________________________ Date: ___________________________
All the details will be held securely and will be treated confidentially in accordance with the Data Protection Act 1998 for the benefit of
Middlesex University and its members.