Academic Freedom Policy

Policy on Academic Freedom & Freedom of Expression

It is the policy of the Law Center to respect and protect academic freedom and the freedom of all persons to express themselves openly and candidly in ways consistent with the educational and academic mission of the Law Center.

This policy shall apply to all full and part-time faculty, as well as to all others teaching in law school courses, to all law school staff, to all students, and to any invited speakers or presenters. It shall also apply when conducting research, publishing scholarship, engaging in law school governance, participating in law related public service activities, curating library collections and providing information services, and exercising teaching responsibilities, including those related to client representation in clinical programs. This policy only protects expressions made by speakers while participating in Law Center activities. The University reserves the right to bar non-University affiliated individuals from joining an on-campus assembly or gathering.

It is the policy of the Law Center to encourage and support the free expression of ideas. In this sense, this policy (1) protects the rights of faculty, students, and staff to communicate ideas that may be controversial or unpopular, including through robust debate as well as demonstrations, or protests that conform to university campus gathering policy, (2) as long as such speech acts do not involve conduct that hinders free expression by preventing or substantially interfering with the execution of law school functions or approved activities, such as classes, meetings, library services, interviews, ceremonies, and public events. Additionally, such speech must follow designation of appropriate channels and means to engage in protest activities as determined by Touro’s Policy on Campus Gathering. This policy also prohibits physical coercion or intimidation, threats of violence and other disruptive conduct as a means of communicating ideas that would prevent reasonable debate. Finally, this policy protects the right of faculty, students, and staff to invite speakers, subject to the guidelines set forth in the Policy on Campus Gathering and other applicable policies.

In this sense, it is important to remember that the right to free speech is not absolute and should be subject to reasonable regulation in furtherance of the value of free expression. No member or invited guest of the Law Center community should by speech, word or deed disparage another member of the Law Center community in a manner that creates a hostile or demeaning environment or disrupts the educational mission of the Law Center. In particular, the Law Center will not tolerate any conduct or speech act that violates the law, that defames a specific individual, that constitutes an actual threat or harassment, or that unjustifiably invades substantial privacy or confidentiality interests protected by law. The Law Center may also reasonably regulate the time, place, or manner of expression that occurs within the Law Center. The Law Center will only extend invitations to outside speakers after taking appropriate administrative steps including advance notice of the invitation and an approval from the law school administration to protect the safety and security of the Law Center community. Additionally, all assemblies and gatherings on campus must follow the procedures and expectations of Touro’s Policy on Campus Gathering.

In applying and interpreting this policy, the Law Center will consider that effective legal education and the development of the law require the free, robust, and uninhibited sharing of ideas reflecting a wide range of viewpoints. Becoming an effective advocate or counselor requires learning how to conduct candid and civil discourse in respectful disagreement with others while advancing reasoned and evidence-based arguments. Concerns about civility and mutual respect, however, do not justify barring discussion of ideas because they are controversial or even offensive or disagreeable to some.

Violations of this policy will be subject to disciplinary action. Any claim of a violation of this policy shall be assessed through an appropriate due process framework, including but not limited to the receipt of notice, a hearing before a neutral decisionmaker, and appeal rights. Full-time faculty members who have been subjected to discipline under this policy may also, under the appropriate circumstances, proceed under the due process framework set forth in the Faculty Grievance Policy contained in the Touro University Faculty Handbook.

The Law Center further endorses the 1940 Statement of Principles of Academic Freedom of the American Association of University Professors (https://www.aaup.org/ report/1940-statement-principles-academic-freedom-and-tenure). Each faculty member is expected to uphold the goals, aims, and mission of Touro University.