Why Am I Facing Disciplinary Actions From My University When Exercising My Right To Free Speech.

This week four Harvard undergraduates are facing disciplinary actions after leading or participating in a pro-Palestine “week of action” in late November.  The disciplinary actions are before the Harvard College Administrative Board.  The “week of action” included a walkout and a rally where students chanted controversial political slogans that are being vehemently debated in the media. 

Regardless of your personal stance in this political debate, students are surprised to hear that they could face disciplinary actions from their university when participating in what they believe is protected speech under the 1st Amendment of the Constitution.  Students are correct that certain forms of speech are protected as defined by the Constitution and the subsequent Supreme Court case law on this subject.  Yet students often are unaware that while attending a university they are bound by a separate set of rules and regulations governing speech.  Those are the general regulations set forth in the student code of conduct that is unique to each university. 

The student code of conduct is a set of principles, expectations, and rules that govern the behavior of a person while they are attending that university.  This code of conduct is typically found on the university’s website or in the student handbook.  Courts have historically viewed codes of conduct as contracts between students and universities.  Thus, students are bound by the terms of these contracts when they enroll in the university.  In the case of Harvard undergraduates, the Harvard Administrative Board will be responsible for the application and enforcement of the university’s policies.  A hearing will be held that could result in the students receiving warnings, probations, removal from campus residence, or expulsions from the university if they are found to have violated Harvard’s code of conduct for students.

Ultimately, as an American, you enjoy the freedoms that the 1st Amendment provides.  However, as an individual who requested admission into a university, your admission is contingent upon agreeing to the terms of the code of conduct and the administrative process used to enforce violations of said code of conduct.  You have the right to legally challenge whether your speech is protected or whether the university’s code of conduct violates the 1st Amendment, but that lawsuit will take place in Federal District Court.  In the meantime, it is essential for a student facing disciplinary actions from their university for code of conduct violations to seek out legal assistance.  An attorney can help the student understand the university’s administrative process during disciplinary actions and assist in developing a well-thought-out defense.