Code of Practice on Freedom of Speech
Manchester Metropolitan University All Saints Building Oxford Road Manchester M15 6BH
A
Introduction
1.
The University supports the principle of freedom of speech and expression within the law as one of the fundamental principles upon which any university is founded. Every person employed by the University and the Students' Union and every student enrolling at the University should be aware that joining the University community involves obligations and responsibilities which are consistent with the above principle and the law.
2.
The Manchester Metropolitan University is covered by Section 43 of the Education (No.2) Act l986 (“the Act”), which requires the University to take such steps as are reasonably practicable to ensure that freedom of speech within the law is secured for members, students and employees of the University and for visiting speakers.
3.
The duty imposed by Section 43 of the Act includes in particular the duty to ensure, so far as is reasonably practicable, that the use of any premises of the establishment is not denied to any individual or body of persons on any ground connected with the lawful beliefs or views of that individual, or with the beliefs or views of any members of that body or with the policy or objectives of that body.
4.
This Code of Practice is issued as part of the University’s obligations under Section 43 of the Act. It sets out the rights and obligations inherent in supporting the principle of freedom of speech and expression within the law. The Code's obligations and rights apply to: 4.1 4.2 4.3 4.4 4.5 4.6 4.7
the University (which includes all bodies or persons having authority to determine any matter relevant to this Code); all governors and staff of the University (including honorary positions); all students of the University; the Students' Union and its constituent societies, its premises, employees and sabbatical officers; any visiting or guest lecturers invited by the University; any person or organisation wishing to hire premises controlled by the University for an event; and persons invited or otherwise lawfully on the premises for the purposes of a meeting, event or other activity.
5.
The University is under no obligation to permit the use of its premises by outside persons, groups or organisations, irrespective of whether or not they include a member or members of the University.
6.
The University is not under any obligation to give reasons for the refusal of facilities for meetings, events or other activities.
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B
Principles
7.
The following principles shall apply to the use of University premises in connection with meetings, events and other activities that are covered by the Code:
C
(a)
the maintenance of freedom of thought and lawful expression shall be a matter of fundamental principle to the Manchester Metropolitan University;
(b)
accordingly, the articulation of particular viewpoints shall not be prevented solely on the grounds that they are found to be unacceptable by some members of the University community. The suppression or attempted suppression of such points of view by violence or intimidation is contrary to the nature of the University as a seat of learning;
(c)
vigilance shall, however, be exercised to prevent the expression of points of view that constitute an incitement to riot, insurrection, racial hatred, sexual harassment or other unlawful activities (including under criminal law and anti-terrorism legislation);
(d)
while peaceful demonstration is a legitimate means of drawing attention to an issue or to a differing viewpoint, the University will not tolerate any act or demonstration which endangers the safety of persons or property, or which seeks to deny a fair hearing;
(e)
in determining the use to which its premises will be put, the University is also obliged under the Equality Act 2010 (EA 2010) to have due regard to the need to eliminate discrimination, harassment and victimisation, to advance equality of opportunity between persons who share relevant protected characteristics (as defined in the EA 2010) and those who do not, and to foster good relations between persons who share a relevant protected characteristic and those who do not.
Procedures General
8.
In accordance with the Principles that are set out under B.7 above, permission for the holding of meetings, events and other activities on University premises shall not be unreasonably refused, and the expression of controversial views which are not in themselves unlawful will not normally be regarded as constituting reasonable grounds for withholding facilities for a meeting, event or other activity. However, it would be reasonable to refuse facilities if it appeared that an aim or a likely outcome of the meeting, event or other activity was the creation of disorder, for example, by: (a)
inciting those attending to commit a criminal act;
(b)
facilitating the expression of views in a manner contrary to the law; 2
9.
(c)
giving direct support to an organisation, the aims and objectives of which are illegal under United Kingdom law or;
(d)
inciting a breach of the peace.
In all cases, the use of University premises for meetings, events and other activities will be authorised only if the organisers undertake: (a)
to comply with all lawful instructions issued by the University authorities about the location, management and conduct of such meetings, events and other activities, including adequate stewarding and chairing and provision of adequate control over entry; and
(b)
to refrain from any activities that put the University in breach of statutory or other legal requirements.
10.
All meetings, events and other activities that are organised in accordance with the University’s normal lettings procedures shall additionally be subject to the standard regulations specified in those procedures.
11.
Arrangements for meetings, events and other activities that are organised under the auspices of the Students’ Union or of recognised student societies and held on Students’ Union premises are normally regarded as the concern of the Students’ Union as the body responsible for managing its own affairs. However, it is recognised by both parties that there is a need for the Students’ Union to follow the provisions of this Code. Meetings, events and other activities that are organised under the auspices of the Students’ Union or of recognised student societies but that are to be held on other University premises require the endorsement of both the President and the Chief Executive of the Students’ Union, before being dealt with under the University’s normal room booking procedure. In such cases, the provisions of this Code must be fully observed. Procedure in cases where the organiser reasonably thinks that disorder is likely to occur
12.
Where any person or body of persons to whom this Code applies is engaged in the organisation of a meeting, event or other activity to be held on University premises at which, because of the nature of the speaker or cause, or the nature of views expressed in the past or likely to be expressed in the meeting, the organiser reasonably thinks that disorder is likely to occur, s/he shall give the Vice-Chancellor at least 21 days’ notice of the meeting, event or other activity so that consideration may be given to the steps needed to ensure the safety of persons, the maintenance of order and the security of University premises. In all such cases, a University Meeting, Event or Activity Request Form must be completed by the organiser and submitted to the ViceChancellor with the notice of the meeting, event or other activity. The Students’ Union, which occupies certain premises that are nevertheless the 3
property of the University, shall give the Vice-Chancellor the same notice of any such meeting, event or other activity to be held on Students’ Union premises so that appropriate consultation can take place about the arrangements that need to be made. 13.
Under the Articles of Government, the Vice-Chancellor is responsible for the organisation and management of the University. The Vice-Chancellor, or other duly authorised officer acting on his or her behalf, may therefore impose conditions or restrictions upon the conduct of meetings, events and other activities on University premises. Such conditions or restrictions may include: requirements for the provision by the organiser of stewards, variation of location and time, whether such a meeting, event or other activity shall be open to the public, and whether or not the press, radio or television may be admitted. The Vice-Chancellor, or other duly authorised officer, may also specify that certain members of the University staff are to be present.
14.
Once a meeting, event or other activity is underway, the person chairing shall decide whether conditions are such that the proceedings can continue or must be terminated. However, in the event of serious disorder or threat to the safety of persons or property, an officer duly authorised by the ViceChancellor shall have the power to terminate the meeting, event or activity and if necessary to summon assistance from the police.
15.
The University does not have the resources to control large groups of persons who may be determined to disrupt a meeting, event or other activity. Where appropriate, and in consultation with the organisers, the University will give advance notice of a meeting, event or other activity to the police and cooperate with them to ensure the maintenance of order. However, should the organisers not share the view that it is necessary or appropriate to liaise with the police, then it may be necessary to withhold consent for the event to proceed.
16.
Where the Vice-Chancellor or other officer duly authorised by him or her is of the view that the University’s powers to regulate a meeting, event or other activity are insufficient to prevent serious disorder, bearing in mind the provisions of C.15 above, permission to hold the meeting, event or other activity may be refused. Procedure in cases where the organiser reasonably thinks that disorder is not likely to occur
17.
The procedure that is set out below covers the following categories of meetings, events, and other activities where the organiser considers that disorder is not likely to occur: (a)
those that form part of the normal course provision but that are unusual in some respect, typically because an external speaker is to be involved;
(b)
those that do not form part of the normal course provision of the University but that are organised by staff of the University in 4
furtherance of the powers the University has as a higher education corporation under Section 124 of the Education Reform Act 1988, as amended by the Further and Higher Education act 1992;
18.
(c)
those that are organised by one or more of the University’s recognised Trade Unions, where an external speaker is to be involved who is not an official of the Trade Union;
(d)
those that are arranged through the University’s procedures for the commercial letting of space to external organisation and groups and that are unusual in some respect, typically because an external speaker is to be involved who is not a member or employee of the organisation or group that is making the booking;
(e)
those that take place under the auspices of the Students’ Union or of recognised student societies, whether on Students’ Union or University premises, and that are unusual in some respect, typically because an external speaker is to be involved.
Requests that are made shall be submitted as follows: (a)
all cases that fall under C.17 (a) above, to the relevant academic Head of Department;
(b)
all cases that fall under C.17 (b) above, to the Head of Timetabling Services;
(c)
all cases that fall under C.17 (c) above, to the relevant Associate Director of Human Resources;
(d)
all cases that fall under C.17 (d) above, to the Head of Conference Services;
(e)
cases that fall under C.17 (e) above, where the meeting, event or other activity is to take place on Students’ Union premises, to the President and the Chief Executive of the Students’ Union. In such cases, the decision of the President and the Chief Executive shall be final. However, any request that is refused by the Students’ Union shall be notified to the Registrar, who shall consider whether the University is able to offer facilities on its premises;
(f)
cases that fall under C.17 (e) above, where the meeting, event or other activity is to take place on University premises other than the Students’ Union, to the President and the Chief Executive of the Students’ Union.
For requests in (a) to (d) above, Sections A to D of the University’s Meeting, Event or Activity Request Form must be completed by the organiser(s) and submitted to the relevant officer. For requests in (e) and (f) above, a Students’ Union Room Booking Form will be completed and submitted to the President and the Chief Executive of the Students’ Union. The Students’ Union Room Booking Form shall always contain at least the same information 5
as would be included on a University Meeting, Event or Activity Request Form. 19.
Where the officer who receives a request for a meeting, event or other activity considers that it gives rise to cause for concern, because of the nature of the speaker or the issues, or the nature of views expressed in the past or likely to be expressed, or the possible reaction of those holding similar or opposing views, s/he should refer the matter to the relevant member of the University’s Directorate. For academic Heads of Department, this shall be their Dean of Faculty. For the Head of Timetabling Services and the President and the Chief Executive of the Students’ Union, this shall be the Registrar. For the Associate Director of Human Resources, this shall be the Director of Human Resources. For the Head of Conference Services, this shall be the Director of Services. The member of Directorate shall receive a University Meeting, Event or Activity Request Form in which all sections have been completed.
20.
If the member of Directorate agrees that there are genuine concerns and the meeting is to take place in more than 21 days’ time, s/he shall refer the request to the Vice-Chancellor in accordance with C.12 above.
21.
If the member of Directorate agrees that there are genuine concerns and the meeting is to take place in less than 21 days’ time, s/he will raise those concerns with the organiser and will seek assurance that the concerns can be addressed. Where the member of Directorate receives assurance that s/he considers to be satisfactory, s/he may give permission for the meeting, event or other activity to proceed. Where the member of Directorate receives no assurance, or receives assurance that s/he considers to be unsatisfactory, s/he must refuse permission for the meeting, event or other activity to take place. To ensure there is consistency of approach across the University, Deans of Faculty, the Director of Human Resources and the Director of Services shall always consult the Registrar before they make a final decision on a request that has been referred to them.
22.
Any person or group of persons who is aggrieved at the refusal by the relevant member of Directorate under C.21 above to grant facilities for a meeting, event or other activity may pursue their case with the ViceChancellor.
23.
If a refusal to grant facilities for a meeting, event or other activity appears to the Vice-Chancellor to constitute a breach of this Code and hence of the Act, the Vice-Chancellor may, after appropriate consultation, permit the event to proceed on University premises, subject to the provisions of C.14 and C.15 above.
D
General
24.
It shall be contrary to this Code for any member of the University to organise or engage in any conduct intended to prevent (other than by reasonable and peaceful persuasion) any meeting or other event covered by this Code from being held or from continuing.
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25.
Any breach of the provisions of this Code by members of the staff or student body may result in disciplinary action being taken under the University’s approved procedures, irrespective of whether or not criminal charges are preferred as a result of there having been a breach or alleged breach of criminal law.
26.
In accordance with the requirements of Section 43 of the Act, the Board of Governors will from time to time review this Code of Practice with a view to keeping it up to date.
Version
Author Name & Job Title
Professor Karen Moore Registrar
Approved 28 November Date 2014 Date for Review:
Approved by:
Board of Governors
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