Dear Brown Community,

During periods of intense national and global activism, we receive frequent inquiries from students, staff and faculty about Brown’s policies governing freedom of expression. This includes questions regarding standards for protest and demonstration, public statements, anticipating student absence from classes, and free speech vs. harassing speech. With the ongoing conflict in the Middle East, and as debates and advocacy efforts continue on our campus and other campuses across the country, members of our community are raising questions on these topics and others.

In this email, we are sharing answers to frequently asked questions we have been receiving. It summarizes existing University policies on many of the relevant questions and concerns, and we hope it serves as a guide for understanding codes of conduct for members of our community pursuing different forms of expression in this moment. In addition, with links to the various policies, we hope it serves as a helpful resource for exploring the policies further.

The FAQ section of the second half of this letter includes answers to the following questions:

• What is the University’s policy on freedom of expression?

• How does Brown’s policy on freedom of expression align with policies establishing the principles and standards of conduct for protests and demonstrations at Brown?

• What are the consequences for violating university policies?

• Are there resources to help Brown community members understand how "time, place and manner” considerations may affect organizing or planning for protest and demonstration?

• If members of a labor union on campus violate Brown policies during protest and demonstrations on campus, can the University hold them accountable? (added March 8, 2024)

• Can faculty members cancel a class so that students can participate in a protest, demonstration, rally, walkout, or activity of non-curricular advocacy or activism?

• Are there limits to freedom of expression? How does Brown manage issues of discrimination and harassment?  

• What should I do if I have been threatened by other members of the Brown community or people from outside of Brown, in person or online?

• Can the University prevent harassment from people or organizations outside of Brown?

• Can academic or administrative units (departments, offices, centers, institutes, etc.) make public statements about national or world events?

• What rules are in place for posting flyers and hanging banners on campus property? Does Brown’s commitment to free expression mean groups can hang flyers, posters and banners anywhere?

• How does the University respond to graffiti/vandalism found on campus that may be racist, antisemitic, Islamophobic, homophobic, transphobic or otherwise demonstrating bias?

• Who should I contact if I have questions about complying with University policies and codes of conduct?

If you have additional questions beyond those addressed in the FAQ section of this letter, students should reach out to Campus Life ([email protected]), staff should contact University Human Resources ([email protected]) and faculty should contact the Office of the Provost ([email protected]).

Sincerely,

Francis J. Doyle, III, Provost

Eric Estes, Vice President for Campus Life & Student Services

Marie Williams, Vice President of Human Resources

 

FREQUENTLY ASKED QUESTIONS ON FREEDOM OF EXPRESSION

What is the University’s policy on freedom of expression?

Brown has a long-standing and deep commitment to academic freedom, of which freedom of expression is a component. The Corporation of Brown University in 1966 approved a statement of academic freedom, which continues to apply today to faculty and recognized student groups. The University’s policy on freedom of expression and inquiry is summarized in the Brown University Code of Conduct. It states:

“Brown University maintains, on behalf of its community, that academic freedom is essential to the function of education and to the pursuit of scholarship in universities and, mindful of its historic commitment to scholarship and to the free exchange of ideas, affirms that members of the community shall enjoy full freedom in their teaching, learning, and research. This includes freedom of religious belief; of speech; of press; of association and assembly; of political activity inside and outside the University; the right to petition the authorities, the public and the University; to invite speakers of their choice to the campus; and that students and faculty members as such should not be required to take any oath not required of other citizens. The time, place and manner of exercising these rights on the campus shall be subject to reasonable regulation only to prevent interference with the normal functions of the University. The University’s commitment to academic freedom can be found in full in the Faculty Rules & Regulations, Part 5, Section 12.I.C.”

Please review the full Code of Conduct policy, which also has community standards that guide the ways in which community members should engage with each other in exercising their rights to free expression.

How does Brown’s policy on freedom of expression align with policies establishing the principles and standards of conduct for protests and demonstrations at Brown?

Brown’s policy for protests aligns with the core principle that “members of the community shall enjoy full freedom in their teaching, learning, and research.” The Protest and Demonstration Policy emphasizes this commitment. It states:

“Protest is a necessary and acceptable means of expression within the Brown community. Protest becomes unacceptable when it obstructs the basic exchange of ideas. Such obstruction is a form of censorship, no matter who initiates it or for what reasons. Protests or demonstrations that infringe upon the rights of others to peaceful assembly, orderly protest, free exchange of ideas, or that interfere with the rights of others to make use of or enjoy the facilities or attend the functions of the University cannot be tolerated.”

With regard to the right to protest, the University Code of Conduct states that, because Brown is an institution that respects and upholds academic freedom and freedom of expression and inquiry, the “time, place and manner of exercising these rights on the campus shall be subject to reasonable regulation only to prevent interference with the normal functions of the University.” The University Code of Conduct applies to all members of the Brown community.

Any member of the Brown community organizing a protest on University property (including the College Green) must reserve the space in which the protest will take place, and recognized student organizations must register any event where 50 or more attendees are anticipated. For more information, students may contact the Student Activities Office. Brown also provides an event scheduling resource and maintains a Green Space Usage Policy.

All members of the Brown community are responsible for understanding and abiding by the relevant codes, policies and protocols related to protests and demonstrations.

What are the consequences for violating university policies?

For Brown community members, enforcement of any and all university policies follows the appropriate (e.g., staff, faculty, student) disciplinary processes. The following language appears in the University Code of Conduct, and applies to the code and other “related policies.”

“Enforcement of the Code of Conduct will follow appropriate (e.g., staff, faculty, student) disciplinary processes. Failure to comply with this Code and related policies is subject to disciplinary action, up to and including suspension without pay, or termination of employment or association with the University, in accordance with applicable (e.g., staff, faculty, student) disciplinary procedures, or for non-employees may result in the suspension or revocation of the user’s relationship with Brown University. In some circumstances, civil and criminal charges and penalties may apply."

Listed “related policies” subject to this enforcement include several policies that align with the code of conduct’s principles for respecting academic freedom and freedom of expression and inquiry; treating community members with respect and dignity, respecting the use of university resources and property, and acting with integrity.

These related policies include the Faculty Rules and Regulations, Nondiscrimination and Anti-Harassment Policy, Protest and Demonstration Policy, Public Statements Policy, Political Activity Policy, Invited Speakers and Guests Policy, and Use of Campus Space by External Third Parties policy, among many others. Please review the full University Code of Conduct for more information.

Alleged violations of these codes and policies will be referred to the Office of Student Conduct and Community Standards for students and student organizations and to University Human Resources for University employees. Some student employees are situationally and simultaneously accountable to multiple codes of conduct.

Are there resources to help Brown community members understand how "time, place and manner” considerations may affect organizing or planning for protest and demonstration?

The Student Activities Office is available to advise undergraduate, graduate, and medical school students and student organizations with questions or concerns about managing time, place and manner to ensure protests do not infringe on the rights of others or interfere with the operations of the University. Faculty and staff may contact the Office of the Vice President for Campus Life ([email protected]).

Event sponsors and organizers of protests/demonstrations may request a Multi-Partial Team (MPT) from the Division of Campus Life. MPT members are trained staff from across the institution who collaborate with students, staff, faculty, and community members both before and during events to help participants understand their rights and responsibilities related to Brown policies, including codes of conduct and the Protest and Demonstration Policy. MPT members do not enforce policy or manage events, but rather are present to consult with participants on the relevant policies. Consult the MPT website to learn more about or request MPT presence at an event.

If members of a labor union on campus violate Brown policies during protest and demonstrations on campus, can the University hold them accountable? 

The National Labor Relations Board has stated that all employees — union or not — have the right to participate in a protected strike, picket or protest. Brown supports the right of employees to strike, picket and protest regarding work-related issues, but there are limitations and qualifications on the exercise of that right. The right to engage in these activities depends on the object or purpose of the action, its timing, and/or the conduct of those involved.

As is its right, the University expects unions and their leaders and members, when conducting protests and demonstrations advancing a political or other type of opinion on matter unrelated to their employment, to abide by Brown policies including those related to the use of University spaces. If a union-sponsored event does not comply with University rules, that union’s leadership and/or members can be held accountable for failing to follow University policies — just like every other member of our community.

Alleged violations of University codes and policies will be referred to the Office of Student Conduct and Community Standards for students and student organizations, and to University Human Resources for University employees. Some student employees are situationally and simultaneously accountable to multiple codes of conduct.

Can faculty members cancel a class so that students can participate in a protest, demonstration, rally, walkout, or activity of non-curricular advocacy or activism?

The academic freedom policy referenced above (and spelled out in the Faculty Rules and Regulations, pg. 107) states that exercising those rights should not interfere with the “normal functions of the University,” and classroom instruction is reasonably accepted to be one of those functions. It is therefore inappropriate to cancel class in direct or indirect support of a demonstration, rally, walkout, or activity of non-curricular advocacy or activism.

Additionally, as spelled out in the Faculty Rules and Regulations, under the Statement on Faculty Responsibilities, faculty have a professional responsibility to hold class meetings. The rules state that, “when faculty members must occasionally miss a class (e.g., to attend a professional meeting, due to illness, or to observe a religious event), they are expected to reschedule that class meeting or to arrange for an appropriate substitute” (pg. 153). 

Brown’s Faculty Rules and Regulations include provisions for undergraduate attendance. This includes establishing that “no student organization shall make any appointment for undergraduates which conflicts with college exercises unless permission has been obtained from the Dean’s Office.” This includes activities whether they take place on Brown’s campus, in the local community, or elsewhere.

Although students have the right to protest or walk out of a class, canceling a class to facilitate a protest or walkout infringes on the rights of students who do not wish to participate in the walkout, protest or other activity.

Are there limits to freedom of expression?  

Freedom of expression is protected by the University’s statement on academic freedom and freedom of expression unless expression rises to the level of harassment or discrimination. Brown policies establish that such behavior cannot be tolerated in a community committed to maintaining a strong educational, working and living environment.

The University has codes of conduct — the University Code of Conduct and Code of Student Conduct — that serve as the core policies for establishing standards of behavior within the Brown community. In addition, the Nondiscrimination and Anti-Harassment Policy defines unlawful harassment and discrimination for incidents that impact individuals from legally protected categories.

The University Code of Conduct, which applies to all faculty, staff and students, articulates the principle that each community member must treat other community members fairly and with respect and dignity. It references the  Brown Corporation Policy Statement on Equal Opportunity, Nondiscrimination and Affirmative Action, which states, in part:

“Brown University provides equal opportunity and prohibits discrimination, harassment and retaliation based upon a person’s race, color, religion, sex, age, national or ethnic origin, disability, veteran status, sexual orientation, gender identity, gender expression, or any other characteristic protected under applicable law and caste which is protected under this policy, in the administration of its policies, programs, and activities.”

For students, the Code of Student Conduct provides further clarity, defining harassment as “subjecting another person or group to uninvited or unwelcome behaviors that are abusive, threatening, intimidating, or humiliating. This includes, but is not limited to, those based on race, color, religion, sex, disability, age, national or ethnic origin, sexual orientation, gender identity, gender expression, or status as a veteran.” It explains further that, “whether the alleged conduct constitutes harassment depends on the totality of the particular circumstances, including the nature, frequency, and duration of the conduct in question, the location and context in which it occurs, and the status of the individuals involved.”

Alleged violations of discrimination and harassment should be reported to the Office of Institutional Equity and Diversity. The Incident Reporting page of the OIED website provides easy access to forms for reporting. Students, staff or faculty with questions may contact OIED at [email protected].

For more information on discrimination or harassment that rises to the level of a potential policy violation, please review the University’s Nondiscrimination and Anti-Harassment Policy, which serves as a resource for providing definitions and responsibilities of members of the community for reporting. It offers a detailed FAQ, including guidance and links to forms for reporting.

If you feel at any time that harassment constitutes a threat to safety, you should immediately contact the Department of Public Safety by calling the DPS emergency number, 401-863-4111. Dial 911 in any circumstance where you or anyone else is in imminent threat of harm or safety is compromised.

Can the University prevent harassment from people or organizations outside of Brown?

It is difficult to prevent harassment from people or organizations outside of Brown. There are limited exceptions if non-affiliated third parties come to campus, and Brown is able to identify the individual(s). Depending on the circumstances, Brown could trespass individuals from campus to seek to prevent them from engaging with individuals at the University or Brown property or facilities.

Regardless of the University’s ability to prevent incidents of harassment, there is a range of support resources available for individuals who become subject to harassing behavior. If you are concerned about your safety, you should immediately contact the Department of Public Safety by calling the DPS emergency number, 401-863-4111. If you need general support and information, students should contact Student Support Services, and employees should contact University Human Resources, which sponsors Brown’s Employee Assistance Program. In addition, robust Campus Life Resources are available to all students, faculty and staff.

Can academic or administrative units (departments, offices, centers, institutes, etc.) make public statements about national or world events?

Although individual faculty and staff members have full freedom to express their views publicly,  it should be clear that their views are their own, and they do not speak for the University or their affiliated unit. Brown’s Public Statements Policy establishes the values and standards for issuing academic or administrative public statements on local, regional, global or national events, activities or issues originating beyond the University.

The campus-wide policy was established in May 2022. It arose from a series of discussions with Brown’s academic chairs and institute and center directors, prompted by requests for standards to respond to frequent interest from Brown community members for academic and administrative units to issue public statements in response to national and world events.

A guiding principle and requirement of the policy is to ensure that unit-level public statements are representative of the members of the academic or administrative unit in whose name the statement is being issued. The policy specifies a process for review of statements with appropriate deans or senior administrators. The policy also sets forth the standard that any public statement should be developed in the context of the implications of the external issue/precipitating event for the education, research, initiatives or operations specific to the academic or administrative unit. It requires an articulation of specific actions the unit plans to take in response to the precipitating external event.

Please read the Public Statements Policy for detailed guidance on the definition of a public statement, as well as the principles and required protocols for schools, academic units and administrative units.

What rules are in place for posting flyers and hanging banners on campus property? Does Brown’s commitment to free expression mean groups can hang flyers, posters and banners anywhere?

Brown’s Poster and Banner Policy establishes the criteria and responsibilities for the temporary display of posters and banners on campus and other Brown property by student organizations, departments, and centers. The policy applies to all community members.

The policy states that “Brown establishes time, place, and manner parameters to ensure that student organizations and academic and administrative units may promote their events, exhibits, and activities and express their views.” It explains that Brown expects that all students, faculty, and staff will conduct their discourse in alignment with Brown Community Standards and the University Code of Conduct.

Students should also note the section of the housing contract on postering in residential spaces. And for safety reasons and to limit residence hall damage, nothing may be hung from or affixed to the exterior of any window, window frame, or window sill.

Without regard to content, Facilities Management will remove flyers and banners that have been posted and hung in violation of policy.

How does the University respond to graffiti/vandalism found on campus that may be racist, antisemitic, Islamophobic, homophobic, transphobic or otherwise demonstrating bias?

Any member of the community who discovers graffiti/vandalism on campus should immediately contact the Department of Public Safety (DPS) so that it can be investigated to determine if a crime has occurred, and/or referred to the Office of Institutional Equity and Diversity (OIED) for review to determine if there is a policy violation. DPS will contact Facilities Management so that the graffiti/vandalism can be removed or repaired in a timely manner.

The University is committed to cultivating a community where all individuals feel safe and valued and where no bias based on religious, cultural or ethnic differences is tolerated. OIED, the Division of Campus Life and other offices across campus continue to work to ensure that all who live, work and study at Brown know the resources available to them for reporting any instances of bias, or any circumstance where they might feel unsafe.

Who should I contact if I have questions about complying with University policies and codes of conduct?

For questions about compliance with or violations of policies and/or codes of conduct, students should contact the Office of Student Conduct and Community Standards ([email protected]), staff should contact University Human Resources ([email protected]), and faculty should contact the Office of the Provost ([email protected]). In addition, any member of the Brown community may report concerns using the Anonymous Reporting Hotline.