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Commitment to Free Expression and The Free Exchange of Ideas at ICSW
by ICSW
Students in a different ICSW program may audit any class that is offered with both the Dean’s consent and with the instructor’s permission. The charge for auditing will be $750 per class.
The purpose of this policy is to protect and enhance the free exchange of ideas, the right to free expression at ICSW, subject to limitations on unlawful/unprotected speech and to clearly stated, reasonable, and nondiscriminatory rules regarding time, place, and manner. All persons on the ICSW campus, including members of the ICSW community and visitors or guests, are protected by and subject to freedom of speech laws and this policy. In permitting the exercise of free speech, ICSW does not sponsor or sanction the messages stated or the methods of speech used, unless expressly stated otherwise.
I. ICSW General Policy and Scope of the Policy
Free expression and the free exchange of ideas are central to the goals of a teaching institution, and certainly central to ICSW’s core mission. As such, ICSW is committed to protecting and enhancing the free exchange of ideas, including artistic expression, subject to limitations on unlawful/unprotected speech and also to clearly stated, reasonable, and nondiscriminatory rules regarding time, place, and manner (as described in Section II below). All persons on the ICSW campus, including members of the ICSW community and visitors or guests, are protected by and subject to this policy as further set forth below. In permitting the exercise of free expression, ICSW does not sponsor or sanction the messages stated or the methods of speech used, unless expressly stated otherwise.
This policy applies to the free exchange of ideas in the classroom. Discussion and expression of all views relevant to the subject matter of a class, even if those views are unpopular, are recognized as central to the educational process. Faculty will evaluate students solely on academic bases reasonably related to legitimate pedagogical concerns, and not on student opinions or conduct unrelated to the academic standards of a course. A faculty member also enjoys the right to exercise free expression in their capacity as a citizen, and ICSW will not review such expressions of ideas or viewpoints except in the rare circumstance in which such communications seriously undermine the faculty member’s fitness to serve the ICSW community.
II. Limitations
Nothing in this policy shall be construed as protecting, authorizing, or condoning the following unlawful or otherwise unprotected speech: (a) obscenity; (b) child pornography; (c) defamation; (d) speech that by its very utterance tends to incite an immediate breach of the peace by the hearer; (e) speech that incites or produces imminent lawless action and that is likely to incite or produce such action; (f) speech that creates a hostile environment within the meaning of Title IX of the Educational Amendments of 1972, Title VII of the Civil Rights Act of 1964, or other applicable civil or human rights laws; (g) speech that substantially disrupts, obstructs, or interferes with classes, teaching, the use of offices, or other activities related to teaching, administration, or operations of ICSW; (h) speech that damages ICSW or the private property of any other entity or individual; or (i) speech that discloses the confidential, private, or proprietary information of ICSW or others without appropriate authorization.
In addition, faculty members have the right to limit classroom discussion and topics of discussion to those deemed reasonably related to the subject matter of the class. Student rights to free expression do not include impinging on the ability of instructors to teach or the rights of other students to learn, and neither faculty members nor ICSW will permit interference with or disruption of classes.
Students or employees who violate this policy or its referenced procedures are subject to ICSW discipline, up to and including dismissal from the institution or employment. All persons who violate this policy may also be directed to leave campus, may be barred from campus, and may be subject to criminal trespass laws in the event of failure to comply.
III. Relationship of Free Expression to Academic Freedom.
In addition to promoting free expression, ICSW recognizes the distinct right to academic freedom enjoyed by ICSW faculty. Academic freedom describes a set of rights relating to teaching, research, and speech undertaken as a private citizen. The parameters of ICSW’s Academic Freedom Policy are described in the Articles of Academic Governance.
For purposes of this Policy, it is important to note that a faculty member enjoys a broad freedom to exercise free expression in his or her capacity as a citizen. ICSW will not review such expressions of ideas or viewpoints except in the rare circumstance in which such expressions or viewpoints seriously undermine the faculty member’s fitness to serve the ICSW community. In such circumstances, any such review will be conducted pursuant to, and discipline will be preceded by, appropriate faculty review processes set forth in the Articles of Academic Governance.
IV. Speakers
Speakers invited or sponsored by ICSW shall be permitted free expression of their opinions and viewpoints fully consistent with the Limitations set forth in Section II above. ICSW also deeply values and models respectful and collegial treatment of such presenters, even those who take positions that may be controversial or challenging to the ICSW community. The ability of presenters to speak, and of audiences to hear a presenter speak free from undue disruption and interference, shall therefore be protected.
ICSW reserves the right to determine who will be invited to speak on campus and must approve all invitations to speak at faculty, staff, or student events that occur on campus or under the auspices of ICSW. ICSW also reserves the right to revoke prior invitations, cancel speaking events, remove presenters, or terminate presentations where ICSW has a reasonable concern that the Limitations set forth above will not be observed or that safety and order cannot be maintained.
V. Gatherings, Protests, and Demonstrations
To facilitate robust debate and the free exchange of ideas, ICSW recognizes that peaceful gatherings, protests and demonstrations are legitimate means of expression and are permitted subject to the following limitations. Specifically, no such gathering, protest, or demonstration:
1) May take place in indoor rooms/areas where quiet or reflection may be expected by those using these rooms/areas; 2) Will be permitted if it is violent or if it threatens to turn violent or threatening to the safety and security of ICSW or individuals, in the reasonable opinion of ICSW administrators or law enforcement; 3) May disrupt the function of ICSW, interfere with the rights of other members of the ICSW community, or damage ICSW or private property.