Current through all regulations passed and filed through September 16, 2024
(A)
Policy
purpose
This university policy affirms the
public policy principles as set forth in section
3345.0215 of the Ohio Revised
Code which requires each public university in Ohio to adopt a policy on campus
free speech that is consistent with and adheres to the principles set forth in
section 3345.0215 of the Ohio Revised
Code.
(B)
Policy scope
The protections under section
3345.0215 of the Ohio Revised
Code, which are reflected in this policy, apply to all students, student
groups, and faculty. The obligations under section
3345.0215 of the Ohio Revised
Code, which are reflected in this policy, apply to all employees (faculty and
staff included).
(C)
Definitions
"Faculty" or "faculty member" means any
person, whether or not the person is compensated by the university, and
regardless of political affiliation, who is tasked with providing scholarship,
academic research, or teaching. For purposes of this policy, the term "faculty"
includes tenured and nontenured professors, adjunct professors, visiting
professors, graduate student instructors, and those in comparable positions,
however titled. For purposes of this paragraph, the term "faculty" does not
include persons who primary responsibilities are administrative or managerial
unless the matter involves a course in which the person is the instructor of
record.
"Student" means any person who is
currently enrolled on a full-time or part-time basis at the
university.
"Student group" means an officially
recognized group at the university, or a group seeking official recognition,
comprised of admitted students that receive, or are seeking to receive,
benefits through the university.
(D)
Policy
principles
In accordance with the public policy
and the laws of the state of Ohio, the university affirms the following
principles:
(1)
Students have a fundamental constitutional right to
free speech.
(2)
The university is committed to giving students broad
latitude to speak, write, listen, challenge, learn, and discuss any issue,
subject to division (E) of section
3345.0215 of the Ohio Revised
Code.
(3)
The university is committed to maintaining a campus as
a marketplace of ideas for all students and all faculty in which the free
exchange of ideas is not to be suppressed because the ideas put forth are
thought by some or even by most members of the institution's community to be
offensive, unwise, immoral, indecent, disagreeable, conservative, liberal,
traditional, radical, or wrongheaded.
(4)
It is for the
university's individual students and faculty to make judgments about ideas for
themselves, and to act on those judgments not by seeking to suppress free
speech, but by openly and vigorously contesting the ideas that they
oppose.
(5)
It is not the proper role of the university to attempt
to shield individuals from free speech, inclduing ideas and opinions they find
offensive, unwise, immoral, indecent, disagreeable, conservative, liberal,
traditional, radical, or wrongheaded.
(6)
Although the
university greatly values civility and mutual respect, concerns about civility
and mutual respect shall never be used as a justification for closing off the
discussion of ideas, however offensive, unwise, immoral, indecent,
disagreeable, conservative, liberal, traditional, radical, or wrong-headed
those ideas may be to some students or faculty.
(7)
Although all
students and all faculty are free to state their own views about and contest
the views expressed on campus, and to state their own views about and contest
speakers who are invited to express their views on the campus of a state
institution of higher education, they may not substantially obstruct or
otherwise substantially interfere with the freedom of others to express views
they reject or even loathe. To this end, the university has a responsibility to
promote a libely and fearless freedom of debate and deliberation and protect
that freedom.
(8)
The university hall be committed to providing an
atmosphere that is most conducive to speculation, experimentation, and creation
by all students and all faculty, who shall always remain free to inquire, to
study and to evaluate, and to gain new understanding.
(9)
The primary
responsibility of faculty is to engage an honest, courageous, and persistent
effort to search out and communicate the truth that lies in the areas of their
competence.
(E)
Nothing contained in this policy shall be construed as
prohibiting the university from imposing measures that do not violate the First
Amendment to the United States Constitution or Article I, Sections 3 and 11 of
the Ohio Constitution such as:
(1)
Constitutional time, place, and matter
restrictions;
(2)
Reasonable and viewpoint-neutral restrictions in
nonpublic forums;
(3)
Restricting the use of the state institution's property
to protect the free speech rights of studetns and faculty and preserve the use
of the property for the advancement of the institution's
mission;
(4)
Prohibiting or limiting speech, expression, or
assemblies that are not protected by the First Amendment to the United States
Constitution or Article I, Sections 3 and 11 of the Ohio
Constitution;
(5)
Content restrictions on speech that are reasonably
related to a ligitimate pedagogical purpose, such as classroom rules enacted by
teachers.
(F)
Nothing in this policy shall be construed to grant
anyone the right to disrupt previously scheduled or reserved activities
occurring in a traditional public forum.
(G)
Nothing in this
policy shall be interpreted as restricting or impairing the university's
obligations under federal law including, but not limited to, Title IV of the
Higher Education Act of 1965, Title VI of the Civil Rights Act of 1964, Title
VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of
1972, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans
with Disabilities Act, the Age Discrimination in Employment Act, and the Age
Discrimination Act of 1975 as addressed through its non-discrimination and
Title IX policies.
(H)
Violations of policy by university employee
(1)
Reporting a
complaint
(a)
Students, student groups, or faculty may submit a complaints
about an alleged violation of this policy by an employee of the university. A
complaint can be submitted to "See It. Hear It. Report It." incident reporting
portal at:
https://www.bgsu.edu/report-incident.html.
(b)
A complaint must be reported within thirty calendar
days of the alleged violation. The complaint must provide the date of the
incident, a description of the alleged violation, and the name of the
university employee alleged to have violated the policy. Although an anonymous
complaint is permitted, the university may have limited ability to investigat
it and/or effectively address the complaint.
(2)
Investigation and
hearing process
(a)
A complaint alleging a faculty member violated this
policy will be investigated by the office of the provost. This includes an
instructor of record engaged in instructional duties for a course that is the
subject of a complaint. The provost (or designee) will investigate the
complaint and conduct a fair and impartial hearing regarding the alleged
violation. If the hearing determines, by a preponderance of evidence, that this
policy was violated, the provost (or designee) shall determine the appropriate
remedy to address the violation and prevent any further violation of the
university policy. Potential disciplinary actions include without limitation,
oral reprimand, written reprimand, suspension or termination.
(b)
A complaint
alleging a staff member violated this policy will be investigated by the office
of human resources. The chief human resources officer (or designee) will
investigate the complaint and conduct a fair and impartial hearing regarding
the alleged violation. If the hearing determines by a preponderance of
evidence, that this policy was violated, the appointing authority for that
staff member shall determine the appropriate remedy to address the violation
and prevent any further violation of the university policy. Potential
disciplinary actions include, without limitation, oral reprimand, written
reprimand, suspension or termination.
(c)
During the
process, the faculty or staff respondent may have one individual of their
choice to serve as their advisor. The advisor may not impede or interfere with
the investigatory meeting. If the advisor is an attorney, the university
requires at least forty-eight hours' notice be given to the
investigator.
(I)
Retaliation
prohibited
It is a violation of this policy for
any employee to retaliate against or take adverse action toward any person for
submitting a complaint or participating in an investigation or hearing
regarding an alleged violation of the policy. Any person within the scope of
this policy who engages in retaliation is subject to a separate charge of
retaliation under this policy.
