Law and Government

By Forrest Malloy

President/Editor-in-Chief

Did you know your right to free speech can change once you come on campus and enter the classroom?

Being a community college, GTCC is open to everyone, even the public. To create a safe space for students, faculty, staff, and members of the community, the college has standards in place that both protect free speech rights and establish what speech is not protected.

"Speech is allowed unless it is obscene defamatory or incitement to violence," said Scott Jaeschke, GTCC Director of Student Conduct and Community Standards. He noted that even those types of speech could be allowed if they were proven to hold “artistic merit” or political relevance. However, Jaeschke said that permitted speech does not extend to disrupting learning in the classroom. Speech or expression such as protesting also cannot hinder people from getting to or from class.

While the First Amendment to the U.S. Constitution guarantees a right to individual free speech and expression, the government has the authority to restrict that freedom if it can prove a compelling state interest. At the college level, this means GTCC has the right to limit freedom of speech in the interest of achieving educational outcomes. For instance, conducting a political rally or performance art piece inside a building such as Davis Hall would not be allowed since it would hinder foot traffic, thus hindering people’s abilities to learn.

Be it an unauthorized rally, a racist t-shirt, or profanity directed at an instructor, when a potential free speech policy violation has occurred, the college follows a process that could lead to sanctions.When a report comes in, Jaeschke will investigate the claim by reviewing any pictures, footage, and witness statements. Next, the situation and person in question are fully assessed for the root cause of the violation. Finally, if there is a preponderance of evidence - a greater than fifty percent likelihood - that the accused violated the speech policy, a a sanction will be put in place. Jaeschke says he mostly gives written warnings and asks for written apologies for speech violations. If the incident proved to cause extreme harm to those who witnessed it, sanctions can go all the way up to expulsion.

Jaeschke said that these situations are rare. “In my fourteen years of administration at colleges I’ve never encountered a situation where a suspension or expulsion stemmed from a speech violation," he said. "Usually, it’s higher things like drugs, assault, or threats.”

Students can appeal any decision made by Jaeschke’s office, even written warnings. This does not happen often. During a normal in-person semester, Jaeschke estimates one or two appeals and no more than one during summer. When an appeal is made the accused will sit before a committee made of students and staff. The committee will determine if the sanction can stick. Those interested in serving on this committee can contact Jaeschke directly.

Ben Franklin said an ounce of prevention is worth a pound of cure. For Jaeschke, this philosophy can be applied to student conduct. Coming to his office when there is a conflict between you and another student or staff member is always the best way to prevent the situation from escalating.

One of the biggest things he wanted students to know is they shouldn’t make a scene in the classroom. He says often during conflicts “this fight or flight mentality kicks in.” He says almost always students choose to fight, or they don’t stand up for themselves at all, but “my wish for students to know is both of those are the wrong options.”

If a conflict happens and you are unable to resolve it without causing a scene and hindering other people’s learning, come directly to his office in Medlin and report the situation. Do not be afraid to use him as a resource to exercise your rights: that’s why he is here.

For More Information

Scott Jaeschke

E-mail: scjaeschke@gtcc.edu

Phone: 336-334-4822 Ext: 50572

Office: Medlin Campus Center 4603