CU Regents Policy on Academic Freedom:
Part E: Freedom of Expression
1.E.1 Governing Principles
The University of Colorado is committed to the principle of freedom of expression embodied in the First Amendment to the United States Constitution and Article II, Section 10 of Colorado’s State Constitution. The University of Colorado has an obligation to uphold the principle of freedom of expression. All members of the university community, defined as the Regents of the University of Colorado, the officers of the university and the administration, and the university’s faculty, staff, and students, have a responsibility to protect the university as a forum for the free expression of ideas.
The University of Colorado is an institution of higher education and its campuses are devoted to the pursuit of learning and the advancement of knowledge through the free exchange of ideas. The free exchange of ideas includes not only the right to speak, but the right to listen.
The university community must strictly adhere to the principle of viewpoint neutrality, meaning that the university shall not prohibit or restrict speech based upon either the substantive content of the speech or the message it conveys or because of the reaction or opposition of others to such expression.
Speech related to political, academic, artistic, and social concern serve vital purposes, both in society and within the university itself. Speech related to these topics is within the boundaries of free expression, even when others construe that speech as wrong or insensitive. The proper response to ideas that members of the university community find offensive or unwarranted is to challenge those ideas through the exercise of reason and debate, rather than attempt to interfere with or suppress them.
1.E.2 Scope of Regent Law
This article of the Laws of the Regents addresses speech that occurs on University of Colorado campuses, but not speech occurring in the course of research or in the classroom instructional environment. Speech in research and teaching is governed by Article 5, Part D and Article 7, Part C of the Laws of the Regents.
1.E.3 Definition of Free Expression
Free expression encompasses verbal and written means by which individuals may communicate ideas to others, including all forms of peaceful assembly, protests, speaking verbally, holding signs, circulating petitions, and distributing written materials. Free expression includes voter registration activities but does not include speech that is primarily for a commercial purpose, including the promotion, sale, or distribution of any product or service.
Free expression does not include speech or conduct that is not within the First Amendment’s protections, including speech or conduct that is a true threat, fraudulent, harassing, obscene, defamatory, or otherwise unlawful.
1.E.4 Authority to Enact Lawful Regulations
As described in regent policy 3.A and 3.B, the Board of Regents authorizes the president and the chancellors to enact regulations in accordance with university policy and applicable law to promote free expression on the University of Colorado campuses and property, while simultaneously protecting the university environment, establishing lawful standards of conduct, and preventing disruption of university activities.
Part B: Academic Freedom
5.B.1 Freedom of Inquiry and Discourse as a Core Principle of the University
(A) The University of Colorado was created and is maintained to afford individuals a liberal education in the several branches of literature, arts, sciences, and the professions and to create knowledge through the pursuit of research. These aims can be achieved only in an atmosphere of free inquiry and discourse.
(B) The core principle of free inquiry and discourse is recognized by the Board of Regents as academic freedom.
(C) All members of the university community have the right to free expression as stated in article 1.E. of regent law and further elaborated in regent policy 1.D; however, this right is distinct from academic freedom.
5.B.2 Principles of Academic Freedom
(A) Academic freedom is the freedom to inquire, discover, access, publish, disseminate, and teach truth as the individual understands it, subject to no control or authority save the control and authority of the rational methods by which knowledge is established in the field.
(B) All university employees, whose duties include independent teaching, scholarly or creative work are afforded the right of academic freedom relative to these duties (see the corresponding administrative policy statement) and have the right to grieve perceived violations of academic freedom through the Faculty Senate grievance process.
(C) The rights and responsibilities associated with the principles of academic freedom are elaborated in regent policy 5.B.
Policy 1.D: Freedom of Expression
1.D.1 As required by Regent Law, the University of Colorado shall protect the freedom of expression of its students, faculty, and staff on campus and in its programs and activities.
1.D.2 This policy addresses speech that occurs on University of Colorado campuses, but not speech occurring in the course of research or in the classroom instructional environment. Speech in research and teaching is governed by regent articles 5.B and 7.C.
1.D.3 Use of University Grounds, Buildings and Facilities:
(A) No campus shall designate any area as a free speech zone or otherwise limit free expression to a predetermined and designated area of campus. Generally accessible outdoor areas on the campuses shall be available to members of the university community for free expression in accordance with campus policies authorized by this section.
(B) The president of the university shall adopt, in accordance with university policy and applicable external law, regulations and procedures governing the use of university grounds, buildings, and facilities not located upon any university campus.
Policy 1.D: Freedom of Expression
1.D.1 As required by Regent Law, the University of Colorado shall protect the freedom of expression of its students, faculty, and staff on campus and in its programs and activities.
1.D.2 This policy addresses speech that occurs on University of Colorado campuses, but not speech occurring in the course of research or in the classroom instructional environment. Speech in research and teaching is governed by regent articles 5.B and 7.C.
1.D.3 Use of University Grounds, Buildings and Facilities:
(A) No campus shall designate any area as a free speech zone or otherwise limit free expression to a predetermined and designated area of campus. Generally accessible outdoor areas on the campuses shall be available to members of the university community for free expression in accordance with campus policies authorized by this section.
(B) The president of the university shall adopt, in accordance with university policy and applicable external law, regulations and procedures governing the use of university grounds, buildings, and facilities not located upon any university campus.
(C) The chancellor of each campus shall adopt, in accordance with university policy and applicable external law, regulations and procedures governing the use of university grounds, buildings and facilities on that campus.
(1) The use of university grounds, buildings, and facilities shall be limited to members of the university community, except as the use by others is specifically authorized under regulations adopted in accordance with university policy and applicable law.
(2) The use of university grounds, buildings, and facilities may be subject to requirements that govern the time, place, and manner of expression, including scheduling requirements, but all such requirements must be:
(a) Reasonable;
(b) Justified without reference to the content of the expression;
(c) Narrowly tailored to protect the university environment, prevent disruption of university activities, or serve another significant university interest;
(d) Leave open ample alternate channels for communication of the information or message.
(3) The use of university grounds, buildings, and facilities by members of the university community may be conditioned upon the payment of reasonable expenses incurred by the campus in hosting an event. Any such fees shall be determined based upon the campus’s good faith estimate, based upon the application of objective criteria, of the actual expenses it shall incur in hosting an event. In no instance shall a campus assess any such expenses in a manner that is based upon disapproval of the substantive message that the speaker expresses.
(4) Nothing in this section grants members of the university community the right to materially disrupt previously scheduled or reserved activities occurring on university grounds, buildings, and facilities.
(D) Freedom of Expression by University of Colorado Faculty
(1) When engaged in teaching and research, faculty enjoy the associated rights and observe the associated responsibilities of academic freedom as expressed in regent policy 5.B.
(2) University faculty are members of our communities and members of a learned profession. When university faculty speak or write as citizens, not in furtherance of their university duties or in the course and scope of their university employment, on matters of political, academic, artistic, or social concern, the university shall not censor their expression, initiate disciplinary action against them, or otherwise subject the faculty members to adverse employment actions because it disapproves of the substance of their expression.
(3) When university faculty speak or write in their personal capacities, not in furtherance of their university duties or in the course and scope of their university employment, they must make every effort to indicate that their expression is their own and does not represent the opinion or position of the university.
(4) The freedom of expression recognized in this section does not grant university faculty the right to refuse to perform official duties, to materially disrupt the university environment or university activities, or to disregard the standards of ethical conduct as expressed in article 8, part B of the Laws of the Regents or regent policy 8.A.
(E) Freedom of Expression by University of Colorado Staff
(1) All staff of the university are members of our communities. When staff of the university speak or write in their personal capacities, not in furtherance of their university duties or in the course and scope of their university employment, on matters of political, academic, artistic, or social concern, the university shall not censor their expression, initiate disciplinary action against them, or otherwise subject the staff members to adverse employment actions because it disapproves of the substance of their expression.
(2) When staff of the university speak or write as citizens, they must make every effort to indicate that their expression is their own and does not represent the opinion or position of the university.
(3) The freedom of expression recognized in this section does not grant staff of the university the right to refuse to perform official duties, to materially disrupt the university environment or university activities, or to disregard the standards of ethical conduct as expressed in article 8, part B of the Laws of the Regents or regent policy 8.A.
(F) Freedom of Expression by University Students
(1) When engaged in educational activities, university students enjoy the associated rights and observe the associated responsibilities of academic freedom as expressed in article 7, part C of the Laws of the Regents.
(2) University students are members of our communities. When university students speak or write in their personal capacities on matters of political, academic, artistic, or social concern, not in furtherance of their studies or in the course of their academic duties, the university shall not censor their expression, initiate disciplinary action against them, or otherwise subject the students to adverse academic actions because it disapproves of the substance of their expression.
(3) The freedom of expression recognized in this section does not grant university students the right to materially disrupt the university environment or university activities or to disregard the standards of conduct as promulgated under article 7, part C of the Laws of the Regents.
History:
Adopted: September 14, 2018.
Revised: N/A.
Last Reviewed: September 14, 2018.
Policy 5.B: Academic Freedom
For the purposes of discussing academic freedom, “the faculty” as referred to in policy 5.B.1 and 5.B.2, shall mean all those afforded academic freedom under regent law 5.B.
5.B.1 Associated Rights
(A) All faculty members, within the scope of their faculty responsibilities, must have freedom to study, learn, and conduct scholarship and creative work within their discipline, and to communicate the results of these pursuits to others, bound only by the control and authority of the rational methods by which knowledge is established in the field. The best method for advancing the state of knowledge is engaging with the broadest range of theories, methodologies, data, and conflicting opinions.
(B) Faculty members shall not be subjected to direct or indirect pressures in an attempt to influence their work in a manner that would conflict with professional standards of the field. The Board of Regents and administration shall not impose such pressures or influence and shall resist such pressures or interference when exerted from outside the university.
(C) The appointment, reappointment, promotion of all faculty, and award of tenure to tenure-track faculty, shall not be awarded or denied based on extrinsic considerations such as a faculty member’s expression of political, social, or religious views.
(D) Subject to the responsibilities identified in section 5.B.2(C), faculty are afforded freedom in achieving the goals of their assigned courses.
5.B.2 Associated Responsibilities
(A) Faculty members have the responsibility to maintain competence; to devote themselves to developing and improving their teaching, scholarship, research, creative work, clinical activities, writing, and speaking; and to act with integrity, in accordance with the highest standards of their profession.
(B) While academic freedom affords faculty members wide latitude in defining their scholarly activities, their teaching, scholarship, and creative work shall be assessed by reference to the criteria of the faculty member’s primary unit(s).
(C) Faculty members are responsible for requirements (e.g., course content, topic order, course schedule, assessment mechanisms) specified by responsible faculty bodies, such as curriculum committees.
(D) Faculty members should be able to justify, in terms of curriculum and student learning, all materials introduced into the classroom.
(E) All members of the university community shall comply with the standards of ethical conduct stated in article 8, part B or regent policy 8.A.