Freedom of Speech

(NB: Although the DIMERSAR Academy is not a University it is deemed that such standard are worth emulating where appropriate and in this case, the DIMERSAR Academy mirrors those same codes of practise.) The Code covers requirements and responsibilities for meetings on University premises.

The University has a long tradition of seeking to safeguard freedom of speech. Under section 43 of the Education (No 2) Act 1986 universities are required to issue a Code of Practice and the following Code has been approved.

Meetings, etc., on University Premises

Code of practice issued under section 43 of the Education (No 2) Act 1986: approved by Grace 9 of 10 June 1987

1. Section 43 of the Education (No 2) Act 1986, referring to freedom of speech in universities, polytechnics, and colleges, requires the University Council to issue and keep up to date a code of practice to be followed by members, students, and employees of the University for the organization of meetings, etc., which are to be held on University premises, and for the conduct required of members, students, and employees of the University in connection with meetings, etc. This code of practice therefore applies to all members, students, and employees of the University, in respect of all University premises, which for the purposes of this code includes the Union Society. Outdoor, as well as indoor, meetings, etc., on University premises are included. Section 43 of the Act is reproduced as an Annex to this code.

2. Regulations 1 and 2 of the general regulations for discipline provide:

No member of the University shall intentionally or recklessly disrupt or impede or attempt to disrupt or impede the activities and functions of the University, or any part thereof, or of any College.

No member of the University shall intentionally or recklessly impede freedom of speech or lawful assembly within the Precincts of the University. No member of the University shall intentionally or recklessly fail to give any notice which is required to be given to a University officer or a University authority under the terms of a code of practice issued under the provisions of section 43 of the Education (No 2) Act 1986.

Members of the University are reminded that alleged offences under the general regulations for discipline may be brought by the University Advocate before the University Tribunal, the Court of Discipline, or the Summary Court, as appropriate.

Organization of meetings, etc., on University premises

3. Authority is required for meetings and public gatherings to be held on University premises, whether indoors or out of doors. In the case of accommodation assigned to a single Faculty or Department, the permission of the relevant Faculty or Departmental authorities is required. In the case of accommodation not so assigned, permission must be obtained from the central University authorities and, if a room is to be reserved, a booking must be made through the relevant office. The organizers of meetings, etc., must comply with any conditions set by the University authorities concerned about the organization of the meeting or other activity and the arrangements to be made. Such conditions may include the requirement that tickets should be issued for public meetings, that an adequate number of stewards should be available, that the police should be consulted about the arrangements, and that the time and place of the meeting should be changed. The cost of meeting the requirements, and the responsibility for fulfiling these requirements, rests with the organizers.

4. In addition to seeking the permission referred to in paragraph 3, the organizers of all meetings, etc., to be held on University premises which are to be addressed or attended by persons who are not resident members of the University (except for academic meetings organized by the authorities of a Faculty or Department, or for any meetings or classes of meetings approved for the purpose by the Senior Proctor as being commonly or customarily held on University premises) are required to give notice to the Senior Proctor. This notice may be given on the form used to book University premises, a copy of which will be sent by the University authority concerned to the Senior Proctor. The organizers may also, if they wish, communicate directly with the Proctors to give further details. Information is required at least five clear days in advance (although the Senior Proctor may, at his or her discretion, agree to receive information closer to the time of the meeting than this). The information needed is the date and time of the meeting, the place, the names, addresses, and Colleges (if any) of the organizers, the name of the organization making the arrangements, and the name of any expected speaker, whether or not a member of the University.

5. The organizers of any meeting must comply with instructions given by a Proctor, by any other University officer, or by any other person authorized to act on behalf of the University, in the proper discharge of his or her duties. The attention of members of the University is drawn to Regulations 8 and 9 of the general regulations for discipline:

8. All members of the University shall comply with any instruction given by a University officer, or by any other person authorized to act on behalf of the University, in the proper discharge of his duties.

9. All members of the University shall state their names and the Colleges to which they belong when asked by a Proctor or Pro-Proctor, or other person in authority in the University or in any of the Colleges in the University.

Colleges

6. The provisions of section 43 of the Education (No 2) Act 1986 apply also to the Colleges in respect of their own members, students, and employees, and in respect of visiting speakers. Each College will adopt a code of practice. A College may invite the Proctors to enter its premises. The University will request each College to name a senior member who will be responsible for enforcing the provisions of the Act in that College and will co-operate as necessary with the Proctors. Members of the University are reminded that University disciplinary regulations apply on College premises as elsewhere in the Precincts of the University.

Other legal requirements

7. The attention of organizers of public meetings and assemblies is drawn to sections 11 and 14 of the Public Order Act 1986, concerning processions and assemblies. Further details are given in a separate notice. Other legal requirements may affect the conduct of meetings, etc. A speaker, for example, who incites an audience to violence or to a breach of the peace or to racial hatred transgresses the bounds of lawful speech. Equally, assemblies of persons, even if directed to lawful purposes, cease to be lawful if they cause serious public disorder or breaches of the peace.

Attention is also drawn to the provisions of the Licensing Acts, which apply to certain University premises, including the University Centre. These Acts require the licensee to maintain good order on licensed premises, and give him the power to expel persons from the premises if he considers it necessary.

Applications of the code

8. Any person who is in any doubt about the application of this code of practice to any meeting or public gathering in the University is under an obligation to consult the Senior Proctor, who will determine whether the provisions of the code apply.

Annex

Section 43 of the Education (No. 2) Act 1986

Every individual and body of persons concerned in the government of any establishment to which this section applies shall take such steps as are reasonably practicable to ensure that freedom of speech within the law is secured for members, students and employees of the establishment and for visiting speakers.

The duty imposed by subsection (1) above includes (in particular) the duty to ensure, so far as is reasonably practicable, that the use of any premises of the establishment is not denied to any individual or body of persons on any ground connected with -

· the beliefs or views of that individual or of any member of that body; or

· the policy or objectives of that body.

· The governing body of every such establishment shall, with a view to facilitating the discharge of the duty imposed by subsection (1) above in relation to that establishment, issue and keep up to date a code of practice setting out -

· the procedures to be followed by members, students and employees of the establishment in connection with the organisation -

· of meetings which are to be held on premises of the establishment and which fall within any class of meeting specified in the code; and

· of other activities which are to take place on those premises and which fall within any class of activity specified; and

· the conduct required of such persons in connection with any such meeting or activity;

· and dealing with such other matters as the governing body consider appropriate.

Every individual and body of persons concerned in the government of any such establishment shall take such steps as are reasonably practicable (including where appropriate the initiation of disciplinary measures) to secure that the requirements of the code of practice for that establishment, issued under subsection (3) above, are compiled with.

The establishments to which this section applies are

· any university;

· any establishment which is maintained by a local education authority and for which section 1 of the 1968 (No. 2) Act (government and conduct of colleges of education and other institutions providing further education) requires there to be an instrument of government; and

· any establishment of further education designated by or under regulations made under section 27 of the 1980 Act as an establishment substantially dependent for its maintenance on assistance from local education authorities or on grants under section 100(1)(b) of the 1944 Act.

In this section -

"governing body", in relation to any university, means the executive governing body which has responsibility for the management and administration of its revenue and property and the conduct of its affairs (that is to say the body commonly called the council of the university);

"university" includes a university college and any college, or institution in the nature of a college, in a university.

Where any establishment -

· falls within subsection (5)(b) above; or

· falls within subsection (5)(b) above by virtue of being substantially dependent for its maintenance on assistance from local education authorities;

· the local education authority or authorities maintaining or (as the case may be) assisting the establishment shall, for the purpose of this section, be taken to be concerned in its government.

Where a students' union occupies premises which are not premises of the establishment in connection with which the union is constituted, any reference in this section to the premises of the establishment shall be taken to include a reference to the premises occupied by the students' union.