Policies and documents
Freedom of speech code of practice
Securing freedom of speech for students, staff and visiting speakers.
The purpose of this Code of Practice is to enable the University to meet its duties under Section 43 of the Education (No. 2) Act 1986 to take all reasonably practicable steps to ensure that freedom of speech within the law is secured for students and staff of the University and for visiting speakers regarding the organisation of meetings and other activities on University premises.
It sets out the principles and procedures to be followed by University staff and students and by any other party using or seeking to use University premises for a meeting or activity, and the conduct required in respect of any such meeting or activity. The same principles apply to off-campus activities held in the University's name and to the promotion on campus of off-campus activities.
For further guidance on how to apply for approval for an external speaker visit our dedicated page. You'll also find the Speakers Request Form on this page.
For the purposes of this Code, reference to University premises includes premises occupied by YSJU Students’ Union.
This Code is a collaborative effort between the University and the York St John Students' Union (YSJSU).
This Code of Practice sets out the University’s approach to freedom of speech and academic freedom for the benefit of all students and staff of the University.
This Code is a collaborative effort between the University and the York St John Students’ Union (YSJSU). The University and the YSJSU are obligated to adhere to the provisions outlined in the Higher Education (Freedom of Speech) Act 2023.
It sets out the principles and procedures to be followed by University staff and students and by any other party using or seeking to use University premises or digital platforms (including premises and digital platforms utilised by the YJSU Students’ Union) for a meeting or activity, as well the conduct required in respect of any such meeting or activity. These same principles also apply to off-campus activities held in the University’s or Student Union’s name and to the promotion on campus of off-campus activities.
This Code applies to academic freedom and freedom of speech. These encompass various forms of expression beyond spoken words, including, but not limited to, written materials, images, symbols, and works of art.
Both freedom of speech and academic freedom are subject to the condition of legality. Speech that is unlawful, is not protected. It is for universities to consider whether the speech is lawful, by taking into account criminal law such as the Public Order Act 1986 (legislation.gov.uk) and legislation such as the Equality Act 2010 (legislation.gov.uk). The law prohibits speech which, for example, incites murder, violence or terrorism; stirs up racial hatred, or hatred to other groups; causes fear of violence, alarm or distress, constitutes harassment or is defamatory or malicious. It does not prohibit speech which others may find upsetting or offensive.
The Code applies to:
- All members, staff and students of the University.
- All members and staff of the Students’ Union.
- all external visitors in respect of all meetings and activities to be held on University or YSJSU-managed premises or digital platforms or any meetings or activities held in the University or YSJSU’s name, whether or not they involve an external speaker.
- Situations where meetings or activities are held on University or YSJSU-managed premises or digital platforms, or are held in the University or YSJSU’s name, but are managed and/or attended by people who are not staff or students of the University or the YSJSU.
The University considers freedom of speech within the bounds of the law essential to its mission and dedication to fostering an intellectually curious and rigorous learning community. Specifically, the University:
a. Acknowledges that freedom of speech must abide by legal boundaries.
b. Promotes an environment where all members of its community, including staff, students, and visiting speakers, are encouraged to freely express lawful opinions, even if they are unpopular or may potentially upset or offend others.
c. Expects all members of its community to demonstrate mutual respect and tolerance towards individuals with differing views
d. Expects all members of its community to approach discussion and debate with a recognition that others might hold differing views.
Freedom of Speech
a. The University is committed to securing freedom of speech within the law.
b. Higher Education Institutions play a crucial role in creating an environment where students and staff can, as set out by Advance HE, ‘express, encounter, negotiate and enjoy difference in a climate of respect and learning’.
c. Our students and academic staff engage in thought-provoking discussions, encouraging each other to explore diverse perspectives and innovative approaches to various contentious issues and subjects. Our dedication to freedom of speech encompasses fostering open dialogue, even when it may lead to discomfort. The University is committed to actively promoting the open exchange of ideas, particularly on contentious matters, acknowledging that freedom of speech is fortified, not undermined, by the vigorous discussion of diverse perspectives in a civil, respectful, and peaceful manner. All members of the University community should be intellectually generous, curious and rigorous and should feel empowered to consider and discuss contentious issues, assured that they will be treated with dignity and respect.
d. Our commitment to freedom of speech includes allowing students and staff the opportunity to critique and engage in debates regarding the University's values and decisions made in alignment with them.
e. The University operates under the assumption that exposure to course materials, information and perspectives expressed during teaching or research, and related discussions, generally do not constitute harassment. Notwithstanding this, the University remains alert to the possibility that these matters may cross into harassment in specific circumstances. The commitment to freedom of speech does not condone any form of abuse, bullying, discrimination, harassment, hatred, intimidation, violence, or any unlawful behaviour.
f. A commitment to encouraging curiosity and critical thinking sits within the context of ensuring compliance with equality legislation and with institutional obligations under Section 26 of the Counter-Terrorism and Security Act. The University’s Equality, Diversity, and Human Rights Policy underscores York St John’s dedication to promoting equality and diversity and the University’s Safeguarding Policy sets out how York St John exercises its institutional obligations to have due regard to the need to prevent people from being drawn into terrorism.
g. The University strives to cultivate an environment where discourse occurs within legal boundaries, promoting inclusivity and respecting diverse viewpoints with tolerance. Whilst the University may make statements that recognise the impact of situations on members of the University community, it will normally refrain from adopting an institutional position on political, cultural, and religious debates.
Academic Freedom
a. The University is committed to securing academic freedom within the law.
b. Academic freedom safeguards the intellectual independence of academic staff to challenge conventional wisdom, propose new ideas, and express controversial or unpopular opinions without fear of job loss, privilege reduction, or hindered career advancement.
c. This freedom also extends to students engaged in original research.
d. The commitment to academic freedom is complemented by a dedication to academic rigour and integrity.
Programmes, policies and procedures
The University is committed to aligning its teaching, curriculum, policies and procedures with its obligation to uphold freedom of speech and academic freedom within legal boundaries, so far as reasonably practicable. Specifically:
- The development, approval, quality assurance, and academic assessment processes for programmes will uphold the principles of freedom of speech and academic freedom.
- The procedures for facilitating research will uphold the principles of freedom of speech and academic freedom.
- Disciplinary and other related processes will respect the principles of freedom of speech and academic freedom.
Funding
The University acknowledges that various forms of funding, such as donations, research grants, and partnerships, may carry potential threats to freedom of speech and academic freedom. In response, the University has established robust mechanisms to detect and mitigate these risks effectively, including the Donations Acceptance Policy, the Conflict of Interest Policy, the Research Ethics Policy and the Partner Approval process. These processes are designed to ensure compliance with legal obligations and the standards outlined by regulatory bodies like the Office for Students (OfS), particularly concerning funding from overseas sources. The University will draw on advice from the bodies such as the Research Collaboration Advice Team (RCAT) as necessary.
Steps taken to secure freedom of speech and academic freedom
The University is committed to safeguarding freedom of speech and academic freedom through several proactive measures:
- The Code of Practice will be communicated to new students upon registration and new staff during their induction processes.
- Students will be reminded of the code during re-enrolment. Staff members will receive support to understand and fulfil their responsibilities regarding freedom of speech and academic freedom, with additional training provided for roles requiring it.
- Students and Student Officers will receive support to understand and fulfil their responsibilities regarding freedom of speech.
- Feedback from students and staff regarding the protection of freedom of speech and academic freedom will be gathered through student and staff surveys, with findings informing decision-making.
- Mechanisms will be in place for individuals to raise concerns about freedom of speech and academic freedom.
- Consideration of the impact on freedom of speech and academic freedom will be integrated into the introduction of new policies and procedures.
- Concerns raised about freedom of speech and academic freedom will be monitored and addressed to the extent feasible, with lessons learned incorporated into policy, practice, and procedure reviews.
6. Meetings and other activities on University or Students’ Union premises or digital platforms or held in the University or the Students’ Union’s name
In line with its commitment to freedom of speech and academic freedom and its legal duties, the University has a general expectation that all speakers (internal or external) invited through the appropriate processes will be facilitated to speak on campus to share their views, ideas and opinions. This involves guaranteeing, so far as is practicable, that no University premises shall be withheld from any individual or group based on the following grounds:
- The ideas or viewpoints expressed by that individual; and/or
- The policies, goals, or viewpoints of that group or any of its members.
In other words, expressing views that are unpopular, controversial, provocative, or potentially offensive, shocking, or disturbing, does not, if lawful, justify refusing or cancelling a meeting or activity or an invited speaker.
This does not waive the University's or Students’ Union’s other legal responsibilities, which may necessitate consideration of what is said on their premises, on their digital platforms or in their name. The information below and in the Speaker Approval Policy provide further information on this.
The relevant responsibilities are, broadly:
- The need to secure freedom of speech and academic freedom
- The duty to prevent people being drawn into terrorism or to arrange a meeting in the knowledge that the meeting is to support the activities of a proscribed organisation
- The duty to eliminate unlawful discrimination against certain groups, and advance equality of opportunity between groups
- Obligations under criminal law e.g. with regard to use of threats, incitement of violence, inflaming religious or racial hatred
- Obligations under charities law, i.e. whether the proposed activity is consistent with the University’s charitable objects
- A general duty of care to students, staff and visitors, including avoiding placing students, staff or visitors in situations that may expose them to risks to their health and safety.
Circumstances that may lead to restrictions on a meeting or activity
There are certain circumstances when it may be appropriate to:
- Set conditions around a meeting or activity to mitigate risks, ensure the safety of participants and others, and maintain public order.
- Refuse to permit a meeting or activity to take place.
- Cancel a meeting or activity either before or during the event.
These circumstances include situations where there is a reasonable belief, based on the nature of the information available, that:
- The views expected to be expressed by a speaker contravene the law;
- The speaker is expected to seek to incite breaches of the law or disturbances to the peace;
- The event is expected to involve the suppression of the right to hold or express opposing opinions;
- The speaker and/or the represented organisation advocates or engages in violence or non-violent extremism to promote political, religious, philosophical, or other beliefs;
- The views expected to be expressed promote illegal organisations or purposes, including those listed on the government's list of proscribed terrorist groups or organizations;
- The activity or event is expected to lead to harassment, intimidation, verbal abuse, or violence based on protected characteristics;
- It is in the interest of public safety, disorder prevention, or crime prevention, or for the protection of individuals lawfully present on University-controlled premises, that action is taken;
- Insufficient (i.e. not in line with this Code of Practice and associated policies) notice has been given;
- Necessary mitigations will not prove possible to implement;
- Security and other costs are too great and cannot be managed in accordance with this Code of Practice.
Conditions around a meeting or activity
Conditions around a meeting or activity may include one or more of the following:
- That tickets be issued;
- That members of University or Students’ Union security staff are present to maintain safety and order;
- That it is reasonable and appropriate for the meeting to be structured as a debate so that alternative views are also represented;
- That the Activity Organiser is tasked with ensuring that a sufficient number of stewards are present and that the identities of those stewards have been authorised by the Decision Maker beforehand;
- That the meeting be held in a venue other than that proposed by the organisers;
- That the designated meeting or activity be declared 'public' or 'private';
- Requirements relating to the chairing of the meeting, and to the circumstances in which the meeting may or must be terminated prematurely;
- That all written materials provided in relation to the event, including its promotion, be provided in English, as well as the preferred language of the event (if not English);
- That nothing in the preparations for or conduct of a meeting or activity infringes the law e.g., by conduct likely to cause a breach of the peace or incitement to illegal acts;
- Requirements regarding the admission or exclusion of press, television or broadcasting personnel, and, subject to licensing law, the sale or consumption of alcohol within the premises;
- That no gender segregation will be applied or encouraged in relation to seating. This does not exclude the possibility of gender segregation during collective religious worship, which is not subject to equality law. There are some further exemptions under the Equality Act: for example, associations such as student societies may restrict their membership (and events) to those with a protected characteristic such as gender or religious belief;
- That it is necessary for the police to be invited to attend;
- Requirements regarding the exhibition of materials, symbols, and images in University or YSJSU managed spaces, as well as digital platforms, outside the scope of educational, research, and approved events.
This is a non-exhaustive list.
Cancellation of a meeting or activity
Where it is reasonably concluded that imposing conditions would not be sufficient to prevent serious disorder or unlawful activity on University or YSJSU premises or digital platforms or at activities held in the University’s or Students’ Union’s name, the Decision Maker may decline to permit a meeting or activity to proceed.
The University and/or YSJSU reserve the right to attend and monitor any meeting or activity on its premises and online platforms or any meeting or activity held in its name. This includes the right, if necessary, to intervene and close a meeting or activity and request all persons to leave.
Security costs related to a meeting or activity
The costs of security (whether in whole or part) relating to use of University or YSJSU premises by or in connection with a visiting speaker who has been invited by the University (or some part of it) to speak at an event in order to provide or disseminate their views, ideas or opinions, will be borne by the Activity Organiser.
Decision making
The University Secretary and Registrar or nominee is the Decision Maker for all matters related to University events or activities, or events or activities taking place in the University’s name, under this Code of Practice. This may be delegated to the Events Team, the Head of Governance and Compliance or the Academic Registrar.
The CEO of YSJSU or nominee is the Decision Maker for all matters related to SU events or activities, or events or activities taking place in the SU’s name, under this Code of Practice. This may be delegated to the Societies and Volunteering Coordinator.
Conduct
All individuals involved in organising, speaking at, or attending meetings or activities on University or YSJSU premises or digital platforms or held in the University’s or Students’ Union’s name, must adhere to the principles outlined in this Code.
In addition, they are expected to maintain good order and respectfully contribute to the learning community, which encompasses, among other things, refraining from actions such as:
- Obstructing participants' access to events;
- Disrupting clear audibility of speakers;
- Engaging in chants, slogans or language that is threatening, abusive or likely to incite hatred or illegal behaviour
- Disregarding reasonable requests from event chairs or other University or SU personnel managing the event;
- Employing intimidating, abusive, or threatening language through various forms of communication, signage, or other means;
- Engaging in behaviour that is threatening, abusive, or obstructs others' legal right to freedom of speech;
- Bringing in items or objects that lead to a reasonable concern of being used as a weapon or to damage property.
The Board of Governors
Responsible for the approval of this Code and associated Speaker Approval Policy and for seeking assurance on their effective operation.
Academic Board
Responsible for recommending the Code and Speaker Approval Policy to the Board of Governors and for providing assurance on the application of the Code and Policy within the context of academic freedom.
University Secretary and Registrar
Responsible for the interpretation and implementation of the Code in respect of University meetings or activities.
Designated Decision Maker for meetings or activities on University managed premises and digital platforms or those held in the University’s name. This may be delegated to the Events Team, Head of Governance and Compliance or Academic Registrar.
Heads and Deans of Schools/Institutes and Directors of Professional Services
Responsible for day-to-day implementation of the Code and Speakers Approval Policy. They are accountable to the University Secretary and Registrar for ensuring consistent application across all activities under their management.
CEO Students’ Union
Responsible for the interpretation and implementation of the Code in respect of SU meetings or activities.
Designated Decision Maker for meetings or activities on SU managed premises and digital platforms or those held in the SU’s name. This may be delegated to the Societies and Volunteering Coordinator/ Marketing and Communications Manager.
Activity Organiser
In consultation with their Head or Dean of School/Research Office or Director of Professional Service if relevant, responsible for applying for approval of an event or activity, including completing relevant documentation (which may include a Speaker Request Form and a risk assessment).
Responsible for managing interactions with any Speaker before and during the activity, ensuring their awareness of any conditions associated with approval, their legal obligations, and the consequences of breaching them. Additionally, the Activity Organiser must make reasonable efforts to ensure both the audience and any Speaker adhere to legal requirements and observe the Code of Practice during the event.
In cases of unlawful behaviours or failure to comply with the Code of Practice or any conditions, the Activity Organiser must issue appropriate warnings. If disorder persists, the Activity Organiser may either request the individual to leave or seek assistance from the University’s Security Services or law enforcement, ultimately concluding the meeting or activity if necessary. The Activity Organiser and/or chair have the authority to expel speakers and attendees or to terminate the session if needed.
Events Team
Responsible for considering the risks associated with events hosted on University and YSJSU premises or digital platforms, hosted by the University or YSJSU on other premises or held in the University’s name. Responsible for requesting further information to ensure risks can be managed appropriately, including escalating cases to the University Secretary and Registrar or CEO of YSJSU, as required.
Societies and Volunteering Coordinator
Responsible for supporting the Events Team to consider the risks associated with events hosted on YSJSU premises or digital platforms, hosted by the YSJSU on other premises or held in YSJSU’s name.
Any invited speaker
Responsible for adhering with this Code and the Speaker Approval Policy.
Any complaints in relation to YSJSU events will be subject to the relevant YSJSU procedure.
Students, and former students, have the option to lodge a complaint concerning issues that impact the quality of their learning opportunities or overall student experience through the Student Complaints Procedure.
Staff may submit a complaint related to their freedom of speech (or for academic staff, their academic freedom) under the Staff Grievance Policy.
Visiting Speakers/External users of premises may bring a Freedom of Speech complaint under this Code of Practice.
If the criteria are met, other complaints in relation to freedom of speech may be considered under the Whistleblowing Policy.
Appeals against the decisions of the Decision Marker may be made to the Vice Chancellor (for University-related appeals) or the Deputy Chair of the Students’ Union Trustee Board (for YSJSU-related appeals), whose decision is final. Any appeal should be made in writing within five working days of the original decision.
An appeal may be made by:
- The Activity Organiser, where permission has been declined or where the Activity Organiser believes that the conditions attached to permission are unreasonable; and/or
- By any other person who believes that concerns arise under this Code.
The operation of this Code of Practice and the Speaker Approval Policy will be periodically reviewed (at least every three years) and monitored by the University Secretary & Registrar who will (where necessary) update the Code and Policy.
In relation to events/activities under the auspices of the University, the University Secretary and Registrar shall report annually to the Academic Board on:
- Any significant infringements or departures from the Code's provisions, which may result in disciplinary action.
- Any refusal of a meeting or activity, appeal against a decision to hold a meeting or activity, or intervention during a meeting or activity related to this Code.
- Complaints and appeals related to academic freedom.
In relation to events/activities under the auspices of the Students’ Union, the YSJSU CEO shall report annually to the Students’ Union Trustee Board on:
- Any significant infringements or departures from the Code's provisions, which may result in disciplinary action.
- Any refusal of a meeting or activity, appeal against a decision to hold a meeting or activity, or intervention during a meeting or activity related to this Code.
- Complaints and appeals related to freedom of speech.
The University Secretary and Registrar shall report annually to the Board of Governors on:
- Any significant infringements or departures from the Code's provisions, which may result in disciplinary action.
- Any refusal of a meeting or activity, appeal against a decision to hold a meeting or activity, or intervention during a meeting or activity related to this Code.
- Complaints and appeals related to academic freedom and freedom of speech.