Freedom of Speech Code of Practice

1.1 

This Code of Practice is supplemental to the University’s Policy on Freedom of Speech and Lawful Assembly (‘Freedom of Speech Policy’) and sits alongside existing policy and procedures in a complimentary way. Where conflict between policy and procedure documents can occur, in the interest of clarity, on issues of freedom of speech, the Policy of Freedom of Speech Policy and this Code of Practice will normally take precedence. This Code sets out the University’s commitment and approach to freedom of speech, outlining the legislative framework under which this freedom must be upheld and may be limited, and summarises the procedures used by the University to manage these issues. This code includes the University’s values and expectations in relation to freedom of speech, explains the legislation that the University must comply with in practice across all its activities including events with visiting speakers, and in teaching and research activity. This includes but is not limited to teaching in classroom and online settings (including seminars and lectures), the curriculum, teaching and lecture materials, field trips, workshops, short courses, conferences, and research events. 

1.2 

Reference to “University premises” include premises owned by the University, premises which the University or its agent Falmouth Exeter Plus does not own but over which it exercises some degree of control  whether indoor or outdoor (including online or virtual classrooms and communication spaces.) and premises occupied by the Student Union whether or not the University owns or has control of such premises. 

1.3 

The Board of Governors of the University authorises the Vice Chancellor or the Vice-Chancellor’s nominee to act as the ‘Designated Officer’ to ensure that all those individuals detailed in the Freedom of Speech Policy comply with the provisions of this code. 

1.4 

For the avoidance of doubt, this Code of Practice does not apply to the University’s own organised and purely commercial meetings, non-academic conferences, or events on University premises. 

2.1 

In addition to the Core Principles expressed in the Freedom of Speech Policy the following values and expectations apply 

2.2 

‘Free speech’ includes written materials, creative, and other forms of expression. It is not limited to the spoken word. It includes lawful speech or creative output(s) that may be perceived as being offensive and hurtful to some. 

2.3 

Freedom of speech within the law is protected. The right is not absolute as unlawful speech is not protected. The University will not permit activities of expression on its premises or under its auspices that constitute a criminal offence, are unlawful under civil law; are likely to incite others to commit criminal acts; directly support an organisation prescribed under terrorism legislation; pose a genuine risk to the safety or security of individuals or the University Community; are likely to cause or are a breach of the peace that cannot be reasonably managed or would unreasonably disrupt the core activities of the University. 

2.4 

In order to uphold academic freedom and protect the rights of individuals to express diverse views within the law, the University does not usually adopt institutional positions on contested political, cultural, social, or religious issues. Where the University determines that taking a position is necessary to advance its Mission, Vision and Values, and our charitable purposes, it will do so in a way that explicitly affirms the right of staff and students to dissent from, debate, or critique that position without institutional penalty or disapproval. 

2.5 

The University will take such steps as are reasonably practicable to ensure that freedom of speech within the law is secured for all of its students, staff and visiting lecturers or speakers and visitors to the University.  

2.6

The University will refrain from taking steps which would have an adverse impact on freedom of speech without compelling lawful justification. 

3.1 

The University upholds the right to promote freedom of speech as enshrined in the law to communicate ideas, opinions or information via speech, writing, images, or other forms of creative output (including in digital form).  

3.2 

All speech is deemed lawful unless restricted by law. 

3.3 

Events involving External Speakers are subject to the law as detailed below and should be read in conjunction with the Freedom of Speech Policy, which will be secondary to any legislative requirement. 

3.4 

Freedom of Speech must be exercised within the framework of the law. The University recognises its legal and moral responsibilities, including but not limited to the provisions and duties detailed below. 

3.5 

The Education (No2) Act 1986  

3.5.1 

It incorporates the right to Academic Freedom within the law (Human Rights Act 1998, European Convention on Human Rights, Article 10) as a means to question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions, without fear or recourse to loss to employment or privileges, disadvantage or discrimination, or the likelihood of securing promotion or different jobs at the University 

3.5.2 

The University is not under any obligation to secure or promote freedom of speech that contravenes other legislative requirements. If a speaker breaks the law, it is the speaker who is culpable. 

3.6 

Education Reform Act 1988 

The Act defines academic freedom, as meaning freedom within the law to question and test received wisdom, and to put forward in any form new ideas, creative expression, and controversial or unpopular opinions without being at risk of being adversely affected. An individual would be deemed to have been adversely affected if they had either lost their job or privileges at the University or experiences a reduction in the likelihood that they would secure a promotion or different job at the University 

3.7 

The Equality Act 2010 

3.7.1 

Speech that amounts to unlawful harassment, discrimination, intimidation or incitement to threats of hatred or violence on the grounds of race, sex, age, religion or philosophical belief, sexual orientation, disability, gender reassignment, marriage and civil partnership, or pregnancy or maternity does not constitute free speech within the law and is not protected under the Equality Act 2010 and Public Sector Equality Duty (PESD). 

3.7.2 

Equality, diversity and inclusion can power creativity and innovation as part of a welcoming and inclusive learning community via freedom of speech and academic freedom which includes the right to express and debate controversial or unpopular views, provided they do not breach the law. This may include exposure to course material, discussion, discourse or views that may be found to be difficult, contentious, or discomforting but that are protected within the law and are unlikely to be considered unlawful harassment or discrimination under the Equality Act 2010. 

3.7.3 

The University undertakes not to deny access to its premises to individuals or bodies on the basis of their beliefs, views or policies, or any protected characteristic as covered by the Equality Act 2010. 

3.8 

The Counter-Terrorism and Security Act 2015 

3.8.1 

Section 26 of the Counter-Terrorism and Security Act 2015 places a duty on certain bodies, including higher education institutions such as the University, in the exercise of their functions to have ‘due regard to the need to prevent people from being drawn into terrorism’. The University performs these duties through the Prevent Statutory Duty Events and Speakers procedure which assess the risks associated with meetings or events that are University hosted, affiliated, funded, or branded 

3.8.2 

The University takes all reasonable steps to ensure that events and any person that does not comply with legislative duties will be denied. This includes but is not limited to, offences under the Terrorism Acts, if speech encourages terrorism, or amounts to the incitement of religious or racial hatred or hatred on the grounds of sexual orientation under the Public Order Act 1986, as well as statutory requirements relating to the holding of processions and assemblies. 

3.9 

Higher Education (Freedom of Speech) Act 2023 

3.9.1 

The Higher Education (Freedom of Speech) Act 2023 amends and inserts new sections into the Higher Education and research Act 2017 (As amended) and other legislation.  

3.9.2 

The Act reiterates existing protections for freedom of speech and academic freedom but also makes significant amendments and additions. The main ‘Duties’ that it sets out are to:  

i 

take reasonably practicable steps to secure freedom of speech (including academic freedom for academic staff) within the law. 

ii 

Put in place and publish a code of practice on freedom of speech (including academic freedom); and  

iii 

Promote the importance of freedom of speech and academic freedom in the provision of higher education. 

3.10 

The Terrorism (Protection of Premises) Act 2025 

The Act is commonly referred to as Martyn’s Law and is intended to improve protective security and organisational preparedness against potential terrorist attacks. The University Campuses count as a single premises for the purposes of the Act and as such the University falls within the enhanced tier requirements. The enhanced requirements require additional “public protection measures” to be taken to reduce the vulnerability of the premises to terrorism and the risk of physical harm being caused to individuals if an attack were to occur there or nearby. The measures include monitoring the premises and ensuring that information that may assist in planning terrorist attacks, such as floor plans, or information showing potential vulnerabilities of the event, is held securely and access restricted to relevant individuals. 

3.11 

Human Rights Act 1998 

 The University as a public body for the purposes of the Human Rights Act 1998 and is bound by the European Convention on Human Rights. Everyone has the right to freedom of expression. This right includes among other things, freedom to hold opinions and to receive and impart information and ideas without interference subject to such formalities, conditions, restrictions and penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity, public safety, prevention of disorder or crime, protection of health or morals, protection of the reputation or rights of others. 

4.1 

This code of practice incorporates the scope and core principles as stated in the Freedom of Speech Policy. 

5.1 

Freedom of speech carries the same meaning as defined in the Freedom of Speech Policy. 

5.2 

The University has a duty to protect its staff and students from unlawful discrimination, harassment, intimidation, or threats of violence on the grounds of race, sex, age, religion or philosophical belief, sexual orientation, disability, gender reassignment, marriage and civil partnership, or pregnancy or maternity. The provisions of the Equality Act 2010 should not be interpreted to undermine freedom of speech and academic freedom. As a result, students’ learning experience and the working environment of staff may include exposure to research, course material, discussion or speakers’ views that they find offensive, contentious, or unacceptable, but are nonetheless within the law, and unlikely to be considered unlawful harassment or discrimination under the Equality Act 2015 

5.3 

Academic staff at the University have freedom within the law to: 

5.3.1 

question and test received wisdom; and 

5.3.2 

To put forward new ideas and controversial or unpopular opinions without placing themselves in jeopardy of losing their jobs or privileges or future opportunities. 

5.4 

 Academic freedom shall extend to all academic staff and to any visiting or guest lecturer invited by the University. 

5.5 

The University understands that within its community and among its visitors, there may be differing and conflicting ideas and views. Some of these opinions may be considered disagreeable or offensive by some or most of our community members. This can stem from wider conflicts involving ethnicity, religion, personal identity, or political convictions, which sometimes manifest on campus. While the University does not aim to shield individuals from uncomfortable ideas or opinions, it is crucial to note that freedom of speech is not absolute. Balancing the promotion and protection of free speech with legal boundaries is a challenge for universities. It involves recognising complex situations and making difficult judgments, often balancing conflicting rights. There will be a need, on occasion, to balance the right to freedom of speech against the need to protect the rights of others within the law. 

5.6 

 The University's trusted status as a facilitator of debate gives authority to the views of its members and invited speakers, providing a platform for discussion. The University is not obliged to host speakers simply upon request. Visiting speakers speak by invitation, ensuring their right to free speech is protected within the procedures outlined in this Code of Practice. The University is a defender and promoter of free speech. It is not obliged to provide speaking opportunities to anyone or to everyone that desires one. 

6.1 

The University will work with all members of its community to disseminate the importance of free speech and academic freedom and the expected code of practice for all students, staff and visiting lecturers or speakers and visitors. 

6.2 

The Free Speech Code of Practice is published on the University website and promoted through a range of channels including but not limited to our staff and student hubs, our recruitment and induction activities. Relevant policies which intersect freedom of speech or academic freedom will cite this Code of Practice. 

7.1 

 Where any individual or body subject to the obligations of this Code of Practice wishes to hold an event, meeting or other activity for the expression of any views or beliefs held or lawfully expressed on University premises, consent must be sought from the Vice Chancellor/Deputy Vice Chancellor or their nominee. 

7.2 

It shall be reasonable to refuse consent where the University reasonably believes (e.g., from the nature of the speaker or from similar activities in the past whether held at the University or otherwise) that, without limitation: 

7.2.1 

the views likely to be expressed by any speaker are likely to be contrary to the law 

7.2.2 

the intention of any speaker is likely to be to incite breaches of the law or to intend breaches of the peace to occur 

7.2.3 

the event will include or is likely to include the denial of the right to hold or to express an opposing opinion 

7.2.4 

the speaker and/or the organisation they represent advocates or engages in violence or non-violent extremism in the furtherance of their political, religious, philosophical or other belief. 

7.2.5 

the views likely to be expressed by any speaker are for the promotion of any illegal organisation or purpose, including organisations listed on the government's list of proscribed terrorist groups or organisations; or 

7.2.6 

it is in the interest of public safety, the prevention of disorder or crime or the protection of those persons lawfully on premises under the control of the University, that the event does not take place. 

7.3 

Where the University is reasonably satisfied that the otherwise lawful expression of views at an event or meeting on University premises is likely to give rise to disorder or threats to the safety of participants or the wider University community, the University shall consider what steps it is necessary to take to ensure the safety of all persons and the security of the premises controlled by the University. These may include but are not limited to requirements as to the provision of security/ stewards, the speaker being part of a panel or ensuring that a member of staff is in attendance. The University may impose such conditions and requirements upon the organisers as it considers are reasonably necessary in all the circumstances. 

7.4 

The University may in exceptional circumstances  pass on the costs of security for using the premises to those arranging the relevant event or meeting, such as where the costs are wholly disproportionate to the numbers likely to be attending the event and the event could be held in a more proportionate way, or where a visiting speaker could reasonably be expected to have their own security because of the political or state office they hold. 

7.5 

Where the University concludes that imposing conditions would be insufficient to discharge its legal duties under the above legislative framework or prevent serious disorder within premises subject to their control, it may decline to permit the event to proceed. 

7.6 

Where any person or body to whom this Code of Practice applies is seeking to hold an event or meeting outside of the normal academic curriculum (as determined by the A member of the University’s Executive Board nominated by the Vice Chancellor or Deputy Vice Chancellor following consultation with relevant colleagues) or one to which an external speaker will be invited, the University’s Event Approval Procedure in Annexe A will be followed 

7.7 

Where the University refuses consent or imposes conditions in respect of a proposed event, the Organiser may appeal that decision. The University operates a fair, objective, and rapid triage process for such complaints. The Organiser should do so by submitting written reasons together with any evidence of objection within five working days of the decision for the University to review. Any decision made in respect of that decision by the University will be made within a further ten working days. Any decision by the University in respect of that appeal will be final. The University reserves the right to reject vexatious, frivolous, or obviously unmeritorious complaints. 

8.1 

The University expects students, staff, and visitors to ensure that freedom of speech within the law is assured 

8.2 

All persons to whom this Code of Practice applies are required to observe the principle of freedom of speech and expression while on the University’s premises and shall show respect and tolerance towards the right of others to express their views, opinions and beliefs within the law, even though those views, opinions or beliefs may run contrary to their own personal views, opinions or beliefs. 

8.3 

A member of staff or student who organises an event on the University’s premises shall be responsible for ensuring, as far as is reasonably practicable, that the event is conducted in a manner to promote freedom of speech whilst maintaining good order and academic discipline and does not involve or lead to damage to property or an infringement of the law. The University’s Management of Approved Events Procedure in Annexe B will be followed. 

8.4 

University staff and students are required to ensure that they do not wilfully engage in conduct that prevents, obstructs, or disrupts the holding or orderly conduct of any event or other lawful activity that takes place on the University’s premises 

8.5 

Nothing in this Code of Practice shall be taken to prohibit the lawful exercise of the right to peacefully protest. Protests against an event must be conducted without infringing the rights of others, including others’ rights to freedom of speech. No protest should prevent an event allowed under this Code of Practice from going ahead as scheduled.  

8.6 

Infringements of, or departures from, this Code of Practice may render those responsible subject to disciplinary proceedings. In addition, or alternatively, breaches of the law may give rise to prosecution. All students and members of staff are under an obligation to assist with any investigation into any allegation of a breach of this Code of Practice or of the law. 

9.1 

This section applies to activities taking place in teaching, education, and research settings as well as other academic activities that take place within the University, whether organised by staff or students. All such activities should have an identified ‘Organiser,’ for example, the teaching module lead. This organiser is responsible for compliance with this Code of Practice. 

9.2 

When teaching potentially sensitive or controversial views, organizing activities such as research seminars, or other academic activities, the Organiser should consider what steps they can take to ensure that freedom of speech and academic freedom within the law is protected. This includes creating an inclusive environment where participants are encouraged to engage critically with a range of perspectives. This means supporting students and participants in developing the skills to ‘disagree well’ through evidence-based reasoning, familiarity with relevant scholarship, and respectful dialogue grounded in academic rigour within the law 

9.3 

Further steps could include but are not limited to, for example 

9.3.1 

Identifying in advance any topics that may be reasonably considered to have an adverse impact on particular students or participants, making it difficult for them to participate in the activities in question, how this might manifest during the activity, and how this will be addressed if it does arise 

9.3.2 

Communicating with participants at the start of a module that contains potentially sensitive or contentious topics and outlining how challenging issues will be discussed in a way that allows and invites all points of view to be expressed and discussed rigorously and respectfully. 

9.3.3 

Where reasonably possible and appropriate provide information in advance about any sensitive or contentious content, to enable participants to prepare and to be able to articulate their point of view rigorously and respectfully during discussions; and 

9.3.4 

Reminding all participants of their obligations under this Freedom of Speech Policy by clearly sign posting it on the University webpages, publicity on University premises, such as but not limited to posters, and by embedding it within its ethos. It may also be appropriate to remind students of the University’s Student Code of Conduct. 

9.4 

Situations may arise where the views expressed cause particular distress to some staff, students, or visitors. Where possible, this risk should have been identified in advance and actions taken to mitigate the risk, such as those listed above. Should a particularly challenging situation arise, it will be up to the academic member of staff responsible to determine the most appropriate response. This could include providing those who are distressed with an opportunity to articulate their point of view, and to explore this, where reasonably practicable with the rest of the group. It may also be helpful to take a temporary break in the session to provide time for reflection and to discuss the issue with the staff or students concerned. The University would not expect an activity to be cancelled in these circumstances as this may deprive other students of the opportunity to express their freedom of speech and to explore challenging issues 

10.1 

The University adopts an equitable process to complaints which includes an objective and rapid triage process relating to free speech. 

10.2 

The University has a right to reject complaints that are in its opinion malicious, vexatious, frivolous, or obviously unmeritorious because of a lawful expression of opinion or viewpoint. 

10.3 

The University recognises a person's right to complain should there be a breach as outlined in the Freedom of Speech Policy and this Code of Practice. 

10.4 

Anyone issuing a complaint, will not be adversely affected and penalised for their action. 

10.5 

Staff, students, and visitors found to have breached this Code of Practice may face action, such as University based sanction or disciplinary and/or referral to appropriate external agency such as the Police. 

10.6 

For complaints relating to the Freedom of Speech Policy or this Code of Practice, or actions taken in connection with it, please see the Freedom of Speech Complaint Procedure in Annexe C below 

11. 

The University will in accordance with its schedule of policy review, regularly review the Code of Practice to ensure it remains effective and compliant with the law. 

A1 

Initial Assessment

A1.1 

Any person or group (‘the Organiser’) wishing to hold an event on the University’s premises whether on campus academic events or non-teaching events or off-campus branded events must follow the procedure as set out in the Freedom of Speech and Lawful Assembly Policy (‘the Policy’)  and must seek formal approval of the same and complete this procedure in advance of the event taking place. This applies to both internal and external bookings for any of the University’s premises. Where the University is to provide commercial event hosting services to a third party, the relevant member of staff with responsibility for coordinating the provision of these services to the third party will be considered to be the Organiser for the purposes of this procedure and will adhere to this the Policy and this procedure. Event organisers agree to abide by the Code of Practice. 

A1.2 

When considering the organisation of an event to be held on the University’s premises or inviting an external speaker to participate in that event, the Organiser should consider the University’s Prevent Statutory Duty and events involving external speakers’ policy (Prevent Policy’) and whether the proposed event or proposed speaker’s presence represents a potential risk to the University or its ability to exercise its duties. The Organiser will:  

A1.2.1 

in the case of a member of staff, consult with their Director of Department or Dean of Faculty; or 

A1.2.2 

 in the case of a student, consult with the Students Union and the relevant student society (if any), 

as to the suitability of a proposed event and the proposed external speaker(s) (if any) 

A1.3 

The Organiser will exercise judgement in determining the suitability of a potential event and the external speaker(s) (if any) with respect to the principles outlined in the Freedom of Speech Policy and this Code of Practice, other relevant University policies and the objects of the University. 

A1.4 

To follow the Prevent Policy and the procedures outlined in it and seek formal approval for an event and complete and submit the appropriate forms, together with a fully completed risk assessment, to be submitted by the Organiser at least 201 working days prior to the date of the proposed event. The Vice Chancellor or their nominated deputy shall consider this information in accordance with paragraph A2 below. 

A1.5 

If any party to which the Code of Practice applies has a concern about a proposed event or the suitability of a potential external speaker(s), they may refer the matter to the FX Plus Prevent Single Point of Contact for a risk assessment for consideration pursuant to paragraph A2 below 

A1.6 

The Organiser must ensure that nothing is done to advertise, publicise or promote the event through any channel until the event has been approved in accordance with this procedure. 

A2. 

Request Assessment

A2.1 

On receipt of a request form via the automated process through the room bookings online procedure, the request will be processed in accordance with the criteria described in clauses 7 and 8 of the Code of Practice and either approve the request in accordance with the Prevent Policy timescales or, if there is a concern about the event, which shall include without limitation, the suitability of the proposed external speaker, then the reason will be communicated to the Organiser. The Organiser shall update the written request as soon as possible if they become aware of any material changes to the information provided in the original request so that the Vice Chancellor or their nominated deputy can reassess the request. 

A2.2 

If the Organiser can provide adequate reassurances, then the request will be approved with suitable restrictions in place. If not, the Vice Chancellor/ Deputy Vice Chancellor or their nominated deputy shall not approve the event, and it will not take place. 

A2.3 

Adequate reassurance may include but is not limited to: 

A2.3.1 

Requesting information about any previous events at which the speaker has presented, including if available recordings transcripts or summaries. 

A2.3.2 

Limiting attendees 

A2.3.3 

Ticketing the event 

A2.3.4 

Limitation on promotion and advertising of the event and approval of any advertising material and its placement. 

A2.3.5 

Confirmation of the identity of attendees in advance of the event (where possible and/or practical). 

A2.3.6 

Supervisors to be provided by the Organiser or the University 

A2.3.7 

Security measures to ensure the safety of the venue and attendees 

A2.3.8 

Presence of University nominated staff to ensure good order 

A2.3.9 

Limitation on what attendees can bring to the event 

A2.3.10 

Closing down the event if there is a breach of the law or threat to the safety of attendees or event speakers, even if the event is already underway 

A2.3.11 

Facilitation of the attendance of those who may hold views contrary to those expressed by the speaker(s) at the event 

A2.3.12 

Provision of adequate opportunity for a wide range of views to be expressed and challenged including, as appropriate, requiring a debate format or the inclusion of a moderated Q&A 

A2.3.13 

Limiting the presence of press/media or media production equipment; 

A2.3.14 

Stipulation that the event is recorded in order to provide a definitive record 

A2.4 

An Organiser may appeal the decision of the Vice Chancellor of the University to a panel comprised of members of the University Executive Board. An appeal should be made in writing and submitted within twenty working days of the date of the original decision letter or email. 

A2.5 

The Panel shall consider the matter and respond to the Organiser in writing within a target of ten working days. 

A2.6 

The decision of the Panel is final. 

B1.1 

Following event approval, the Organiser shall be responsible for liaising with the relevant members of University staff to secure the use of the premises and all associated facilities and services which may be required to facilitate the staging of the event. The Organiser shall be responsible for compliance with all relevant promotion and advertising timescales, as are stipulated by the University, in respect of their event. The promotion and advertisement of an event by the University will be subject to the availability of relevant resource. 

B1.2 

The University shall be entitled but not obliged to nominate a member of staff to act on its behalf during the planning and staging of an event. The Event Liaison Officer shall have authority to take any lawful action on behalf of the University and to issue reasonable instructions to the Organiser to ensure the good conduct of the event and compliance with the Code of Practice. 

B1.3 

The Organiser must comply with all lawful restrictions stipulated by the University in relation to the location and management of the event including, without limitation, stewarding, control over proceedings and ensuring adequate supervision of those attending. 

B1.4 

The Organiser shall be responsible for meeting all costs involved in organising and holding the event, and for ensuring as far as possible that nothing in the organisation and holding of the event infringes the law in any way. 

B1.5 

The Organiser will make all external speakers (if any) aware of the Freedom of Speech Policy and the Code of Practice prior to the commencement of the event. 

B1.6 

While an event is in progress, the University shall have the right to require the Organiser to terminate the event if the conduct of the event gives rise to concerns for the University that the safety of persons attending cannot be reasonably guaranteed, or that a breach of the law or a breach of the Code of Practice or any of the restrictions imposed pursuant to the event approval process occurs or is deemed by the University to be likely to occur. 

B1.7 

The University may also withdraw its consent and terminate an event either during or prior to its commencement if it becomes apparent that the content/nature of the event or the identity or numbers of speakers previously notified to the University have changed. This includes a situation where an attendee speaks at the event. 

C1.1 

This Freedom of Speech Complaint Procedure can be used by individuals who believe their lawful freedom of speech or academic freedom have been denied them and or who wish to raise concerns relating to a breach of the Freedom of Speech Policy or Code of Practice (a “Complainant”). 

C1.2 

Complaints should be submitted in the first instance to the Vice Chancellor or their nominated deputy within twenty days of the incident or event occurring. The University will not normally accept complaints made outside of this timeframe unless substantial mitigating evidence is provided to show that engagement in the complaints during the procedural timescales was not reasonably possible. 

C1.3 

Complaints should be submitted using the designated Freedom of Speech Complaints form, which is available on request from vcoffice@falmouth.ac.uk, and supported by complete evidence. There is not normally a further opportunity to submit additional evidence following initial submission unless in the University’s view there are exceptional circumstances to do so. 

C1.4  

Following receipt of a complaint form, a nominee, on behalf of the University Executive Board will consider the complaint to determine if it falls within the scope of this procedure. Complaints received from Complainants on an anonymous basis will be considered, but it may not be possible for the University to effectively investigate these complaints, and it may decline to investigate further. 

C1.5 

The University may redirect the complaint in part, or in full, if it believes that concerns raised by the Complainant are better considered under another relevant University procedure. If this occurs, the Complainant will be informed of this decision in writing and directed to the appropriate procedure and team. Where the Complainant is a member of staff, this may include the University’s Complaints Policy or applicable regulations.  

C1.6 

If the Complainant is not satisfied with the University’s response, they may take the matter for further as outlined below: 

C1.6.1 

Staff and visiting speakers can raise complaints with the Office for Students (OfS) under its free speech complaints scheme. 

C1.6.2 

Students should refer to the University’s published Complaints Policy and information, with further recourse to refer complaints regarding freedom of speech to the Office of the Independent Adjudicator for Higher Education (OIAHE). 

C2. 

Investigation 

2.1 

The management of all complaints will follow the University’s existing Complaints Procedures. 

2.2 

The Investigator will aim to conclude their investigation within twenty working days of formal appointment. 

2.3 

The Investigator will have access to the submitted complaint form and evidence. The Investigator may arrange a meeting with the Complainant to seek clarification of their concerns. The Investigator may also identify and speak to witnesses or seek further evidence. 

2.4 

If the Complainant is invited to meet with the Investigator, they may be supported in the meeting by a: Student; Student Union Representative or Student Services support; Staff; or Trade Union representative. As the Freedom of Speech Complaint Procedure is an internal procedure, focused on resolution, it is not normally expected that external or legal representation will be required/permitted to attend a meeting with the Investigator. 

2.5 

Following investigation, the Investigator will determine if the complaint is Upheld, Partially Upheld or Not Upheld. This will be communicated to the Complainant in writing and will be supported by the provision of rationale for the decision taken. 

3 

Review

3.1 

The management of all complaints will follow the University’s existing Complaints Procedures. 

3.2 

The Reviewer will aim to complete the review within twenty working days following formal acceptance/appointment. 

3.5 

The Review will be a desk-based review of the complaint, available evidence/ documentation, and the outcome of initial investigation. The review will not normally necessitate further investigation of the concerns; however, the review will seek to establish 

3.5.1 

If the procedure was followed; and 

3.5.1 

Whether the previous investigation and outcomes were arrived at fairly and were proportionate. 

3.6 

The Outcome of the review will be communicated to the Complainant in writing providing details of the Reviewer’s consideration and rational for their finding. The outcome of the review is final. 

4. 

CONDUCT 

4.1  

All interactions with the University in relation to a Freedom of Speech complaint are expected to be professional, respectful, and uphold the principles of: 

4.1.1 

Students: The Student Code of Conduct  

4.1.2 

Staff: Complaints Policy 

4.1.3 

Visitors: In the first instance, you should discuss your complaint with the relevant member of staff directly concerned, where appropriate. If you do not feel comfortable approaching the person most directly concerned, or this does not resolve the matter, you should follow the 

Complaints Procedure and make a formal complaint via Quality Assurance and Enhancement (QAE).  

4.2 

The University may take disciplinary action in relation to complaints which are found to be vexatious or malicious. 

5 

Connected Policies and Procedures

5.1 

Equality, Diversity & Inclusion Commitment 

Prevent Statutory Duty Policy 

Prevent Statutory Duty and Events Involving External Speakers Policy  

Staff Code of Conduct 

Staff Bullying & Harassment Policy 

Student Terms & Conditions  

Student Code of Conduct  

Student Bullying & Harassment Policy