1. Introduction
The University has a longstanding and deeply embedded commitment to Freedom of Speech and Academic Freedom. The University believes that Freedom of Speech and Academic Freedom are necessary for the effective delivery of its charitable Objects “to advance learning and knowledge by teaching and research..”. In response to the passing of the 1988 Education Reform Act, the University’s Academic Assembly developed a Code on Academic Freedom and Corresponding Responsibilities.
2. Principles
The University:
encourages members of its community, including staff, students and visiting speakers, to express themselves freely and to hold their own opinions;
expects members of its community to demonstrate mutual respect and tolerance of those with different views;
recognises that free speech must operate within the law.
We recognise that, at times, the ideas and views of different members of our community, or those visiting the University, will differ and may come into conflict with one another. It may be that some of the University community consider some of these opinions to be disagreeable, or even offensive.
Freedom of speech is not an unqualified right, and we set out in this Code of Practice some of the wider legislation that we must consider in the context of freedom of speech. The University shall also consider its own internal policies and procedures and in particular those relating to bullying and harassment. The challenge for universities is to provide an environment which promotes and protects freedom of speech, whilst also identifying when the purported exercise of freedom of speech crosses a threshold and becomes unlawful. In practice, it is important to recognise that these are often complex matters requiring difficult judgements and that there may be a perception of conflicting rights which need to be balanced.
In supporting freedom of speech, the University will take reasonably practicable steps to promote and protect the lawful speech rights of staff, students, and visiting speakers of the University independently of the viewpoint being expressed. The University will not normally adopt an official institutional position on sensitive or politically contentious matters and will not normally affiliate with organisations that would require the University to commit to a particular perspective on such matters. This does not prevent members of our community from taking stances on such issues.
3. Definitions
For the purpose of this Code of Practice, the following definitions will be used:
Freedom of speech means the freedom of individuals within the law to impart ideas, opinions or information, by means of speech, writing or images, including in electronic form.
Academic freedom means the freedom of academic colleagues within the law to question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions, without placing themselves at risk of being adversely affected by loss of their jobs or privileges, or a reduction in the likelihood of their securing promotion or different jobs within the University of Bath.
4. Legal Obligations
As stated above the Freedom of Speech is not an unqualified right with limitations being place on this right. This includes legislative obligations relating to the following:-
- Equality and diversity
- Human Rights
- Criminal law (including anti-terrorism and public order)
- Education
- Civil law claims including those relating to libel, slander, and defamation
- Health and Safety
- Harassment
Further details of the legislative context can be found at Appendix A of this Code of Practice. The University has a duty to ensure that it complies with all its legal obligations.
5. Roles and Responsibilities
Council
Council has a duty to promote the importance of freedom of speech and academic freedom. Council is also responsible for ensuring that its terms of reference and those of any of its sub-committees that could affect compliance with free speech duties expressly provide for the consideration of this impact.
Vice-Chancellor
Council authorises the Vice-Chancellor to nominate senior members of staff (Authorising Officers) to act on its behalf to ensure as far as is reasonably practicable that all staff and students of the University, and all visiting speakers, comply with the provisions of this Code. The following Authorising Officers are responsible for specific aspects:
the Pro Vice Chancellors for research, education and student experience for matters which fall directly and solely within these remits;
the Vice-President (Community and Inclusion) for all general community matters including the approval of events, visiting speakers, demonstrations and similar events.
University Secretary 1
Council authorises the University Secretary to handle the procedure for any complaints regarding this Code of Practice.
Senate, Committees, Executive Board, Advisory Board, Standing Groups and Working Groups
Members of governance committees or management boards when developing or reviewing policies and procedures and making decisions are required to act compatibly with the statutory free speech duties. The terms of reference of relevant governance committees and management boards should expressly consider the freedom of speech and academic freedom duty.
6. Promoting Freedom of Speech
When developing or reviewing policies and procedures and making decisions in relation to the following activities, decision-makers are required to act compatibly with the statutory free speech duties:
- admission, appointment, reappointment and promotion;
- disciplinary matters;
- employment contracts;
- equality/equity, diversity and inclusion, including the Public Sector Equality Duty;
- harassment and bullying;
- IT, including acceptable use policies and surveillance of social media use;
- Prevent duty;
- principles of curriculum design;
- research ethics;
- staff and student codes of conduct;
- speaker events.
The following principles underpin our policies and procedures regarding staff and students membership of the University:
the University’s student admission policies and procedures do not provide for the withdrawal of offers on the grounds of that person’s opinions or ideas;
we do not admit students on the basis of funding arrangements or other criteria that have the effect of restricting their free speech within the law;
the University’s staff recruitment and selection processes do not disadvantage candidates for exercising their academic freedom within the law;
processes for the approval of visiting academics will not be on the basis of funding arrangements that have the effect of restricting their free speech or academic freedom within the law;
the University will not terminate the employment of any member of staff because they have exercised free speech within the law to express a particular viewpoint;
the University’s promotion procedures will not disadvantage academics for exercising their freedom within the law to question and test received wisdom, or to put forward new ideas and controversial or unpopular opinions.
complaints and investigation procedures include a fair, objective and rapid triage stage for complaints relating to speech.
The following principles underpin our policies and procedures regarding teaching and research at the University:
when teaching potentially sensitive or controversial views, organising activities such as research seminars, or other academic activities within a School or Department, the Organiser should consider what steps they can take to ensure that freedom of speech and academic freedom is protected. This includes creating an inclusive environment that ensures that all students or participants are given the opportunity to present and argue in favour of alternative viewpoints, and teaching students principles that enable them to 'disagree well', for example ways to provide evidence and rational argument for their views;
in relation to research more generally, academic staff are expected to exercise their academic freedom in a way that is consistent with the University's Code of Practice for Research Integrity;
where the Head of Department’s assessment is that there are particular risks raised by the above that require a fuller risk assessment and mitigations to be put in place, this should be escalated to the relevant Authorising Officer.
7. Procedure for External Speakers and Events
The University has a responsibility to ensure that the use of its premises is not denied to any individual or group on the grounds of the belief or views of that individual or any member of that group or on the grounds of the policy or objectives of the group. The University is, however, under no legal obligation to allow meetings to be open to members of the public.
This does not mean that the right to freedom of expression is unfettered. It is limited, for example, by laws to protect national security and public safety, for the prevention of disorder or crime, for the protection of the reputation or rights of others, and to prevent the disclosure of information received in confidence.
This Code of Practice fulfils the requirement in the Prevent Duty for Universities to have policies and procedures in place for the management of events on Campus and use of the University’s premises.
Freedom of Speech also has to be set in the context of the University’s values, and the values of a civilised, democratic, inclusive society. The University expects speakers and those taking part in protest activities to respect those values, to be sensitive to the diversity of its inclusive community, and to show respect to all sections of that community. These precepts include the way in which views are expressed and the form of any protest activities.
An ‘event’ includes but is not limited to: presentations or meetings involving external speakers; demonstrations or protests. This includes events held on University premises, or away from the University if held under the aegis or brand of the University.
The procedure for events can be found at Regulation 18 of the Regulations for Students. Regulation 18 applies to all members, staff, students and visitors to the University.
Under Regulation 18 Council shall appoint an Authorising Officer who will ensure that members, staff, and students, and visiting speakers comply with the provisions and procedures contained within the Regulation. The Authorising Officer shall grant or withhold permission for the use of University premises (including, as appropriate, space used by the Students’ Union or Chaplaincy) for the proposed event.
In considering whether or not to approve an event the Authorising Officer shall take into account the following:-
whether the views or ideas to be put forward (or the manner of their expression)
- infringe the rights of others, or
- discriminate against them, or
- constitute views that risk drawing people into terrorism or are shared by terrorist groups. For the avoidance of doubt, the definition of terrorism above is that as set out in the Terrorism Act 2000 (or as subsequently amended).
whether the activity in question
- constitutes a criminal offence
- constitutes a threat to public order or to the health and safety of individuals
- incites others to commit criminal acts, or
- is contrary to the civil and human rights of individuals.
whether adequate arrangements can be made to safeguard the safety of participants in the event, and other people within the vicinity, and to ensure that public order is maintained.
The University expects speakers and those taking part in the event to conduct themselves in a manner which reflects the the values of a civilised, democratic and inclusive society. All those involved in the event should be sensitive to the diversity of the University’s inclusive community, and to show respect to all sections of that community. These precepts include the way in which views are expressed and the form of any protest activities. Premises which are used for such events should not be damaged and should be left in a clean and tidy condition.
In exceptional circumstances, the University reserves the right to re-charge the organisers of any meeting for any extraordinary expenditure it incurs as a result of that meeting. Exceptional circumstances may include where a high profile politician is speaking at the event or where a speaker is likely to attract significant protest. The University will also take into account the current political and social climate relating to the issues and matters being discussed when considering if there are any additional costs. The University shall bring these costs to the attention of the organisers in advance of the event taking place.
8. Non-disclosure Agreements
In August 2022, the University of Bath signed the voluntary pledge not to use Non-Disclosure Agreements to limit the freedom of speech of members of its community who come forward to raise complaints of sexual harassment, abuse or misconduct, or other forms of harassment and bullying.
9. Overseas Funding
The Higher Education (Freedom of Speech) Act 2023 confers on the Office for Students the duty to monitor the extent to which certain overseas funding presents a risk to freedom of speech and academic freedom. This funding will be over a threshold to be determined by the OfS and we await further information on the details of how this duty will be implemented by the OfS. The University recognises that certain overseas funding may present a potential risk to freedom of speech and/or academic freedom, and has processes in place to ensure that these risks are considered and mitigated.
10. Freedom of Speech Complaints
The procedure for any complaints under this Code of Practice is at Appendix B.
11. Appendices
- Appendix A - The legislative context
- Appendix B - Complaints