Please note that we are currently in the process of updating the Freedom of Speech and Academic Freedom Policy and Code of Practice (Regulation 29) in light of the announcement by the Secretary of State for Education that further implementation of the Higher Education (Freedom of Speech) Act 2023 is to be suspended.

1 The purpose of this Policy

1.1 The Purpose of this Policy is:

1.1.1 To set out the University’s core values in relation to Freedom of Speech and Academic Freedom.

1.1.2 To ensure a University environment that promotes and facilitates Freedom of Speech for all Members of the University.

1.1.3 To ensure a University environment which promotes and facilitates Academic Freedom for its Academic staff, including any visiting Academic.

1.1.4 To ensure a University environment which promotes and facilitates Freedom of Speech for Visiting Speakers on University Premises.

2 Scope

2.1 This Policy applies to:

2.1.1 Every Member of the University.

2.1.2 Visiting Speakers and Academics.

2.1.3 Applicants to Academic posts at the University.

3 Definitions

3.1 An Academic means anyone engaged in carrying out scholarly research and/or teaching at tertiary level, whether or not employed by the University.

3.2 Academic Freedom shall be defined by reference to the European Convention on Human Rights and its subsequent case law, and means the freedom of an Academic within the law, to question, test, and put forward ideas, to express views and opinions, to perform acts, or to associate themselves with any views or acts - even where they be unorthodox, controversial, or unpopular, or where they may offend, shock, or disturb - provided that such expression lies within, or can reasonably be claimed to be a judgement, conclusion, or opinion based upon or flowing from, the areas of their research, professional expertise, or competence.

3.3 Freedom of Speech means the freedom to hold opinions and to receive and impart information and ideas without interference, subject only to formalities, conditions, restrictions, and penalties prescribed by law and in the proportionate pursuit of a legitimate aim necessary in a democratic society, including but not limited to the protection of the rights of others.

3.4 Member means any student enrolled at the University, any member of staff, any other Academic member of the University, or any appointed lay member of the University Council or a council committee.

3.5 Policy means the policy herein.

3.6 Premises means any property owned by, or, at the relevant time, in the control of, the University.

3.7 Students’ Union means Warwick Students’ Union.

3.8 University means the University of Warwick.

3.9 Visiting Speaker means any person, whether an Academic or not, who has been invited or who in the future would be, or would be permitted to be, invited by the University, by any department or Member of the University, or by any student representative body to speak on University Premises.

4 University Values

4.1 Freedom of speech and Academic Freedom are the lifeblood of the University and are held by the University in the highest regard. Both provide the essential conditions for the pursuit of knowledge and understanding, for innovative inquiry, for openminded and critical thinking, for the exchange and testing of ideas, and for the intellectual empowerment of the University’s members. Both are central to the core values and distinctive character of the University.

4.2 The University places the highest value on respectful, tolerant, engaged, courteous, and thoughtful debate, which creates the environment in which Freedom of Speech and Academic Freedom may thrive and from which progress towards knowledge and truth may be made.

4.3 At the University we should expect to meet difficult and challenging ideas. We value those challenges and treat those challenges as opportunities to test the views we hold and, if appropriate, to modify our views accordingly. The University celebrates the intellectual growth that follows.

5 University Commitments

5.1 The University commits to promote the importance and value of both Freedom of Speech and Academic Freedom within the law, whether it be unorthodox, controversial, unpopular, or where it may offend, shock, or disturb.

5.2 The University commits to take all reasonably practical steps to promote and provide a secure environment for lawful Freedom of Speech for Members, any Visiting Speaker and any visiting Academic.

5.3 The University commits to take all reasonably practical steps to promote and provide a secure environment for the lawful Academic Freedom of its Academic staff, including visiting Academic staff, to ensure Academic staff’s right to question and test received wisdom and to put forward new ideas and controversial or unpopular opinions without placing themselves at risk of it adversely affecting their position, privileges or prospects.

5.4 The University commits to take all reasonably practical steps to ensure that any Member, any visiting Academic or any Visiting Speaker shall have the freedom to express lawful ideas, beliefs and views and to do so without suffering adverse consequences.

5.5 The University commits, apart from in exceptional circumstances, that use of its Premises by any individual or body exercising lawful Freedom of Speech will not be denied, in relation to an individual, because of their ideas, beliefs or views, or in relation to a body, because of its policy or objectives or the ideas, beliefs or views of any of its members.

5.6 The University commits to secure and provide, save in exceptional circumstances, that use of its Premises by any individual or body exercising lawful freedom of speech will not be on terms that requires the individual or body to bear some or all of the costs of any security related to their use of the premises where that security is required for the protection of their Freedom of Speech.

5.7 The University commits to take all reasonably practical steps to secure that where a person applies to become a member of Academic staff, that person is not adversely affected in relation to the application because they have exercised their lawful Freedom of Speech or Academic Freedom.

6 Code of practice

6.1 The University will maintain a code of practice (the ‘Code’) setting out:

a. The University’s values relating to Freedom of Speech and an explanation of how those values uphold Freedom of Speech.

b. The procedures to be followed by Members and the Students’ Union for students in connection with the organisation of—

i. meetings which are to be held on any Premises and which fall within any class of meeting specified in the Code, and,

ii. other activities which are to take place on those Premises.

c. The conduct required of such persons in connection with any such meeting or activity.

d. The criteria to be used by the University in making decisions about whether to allow the use of Premises and on what terms (which will include its criteria for determining whether there are exceptional circumstances for the purposes of paras 5.5 and 5.6 above).

e. Any other such matters as the University considers appropriate.

6.2 The University will take any steps that are reasonably practicable for it to take (including where appropriate the initiation of disciplinary measures) in order to secure compliance with the Code.

6.3 The University will, at least once a year, bring the provisions of this policy and the Code to the attention of all of its students.

6.4 The Office for Students (OfS) operates a free speech complaints scheme. Under that scheme, the OfS can review complaints about free speech from members, students, staff, applicants for academic posts and (actual or invited) visiting speakers. Information about the complaints that the OfS can review is available on its website: https://www.officeforstudents.org.uk/

7 General

7.1 This Policy should be read in conjunction with:

7.1.1 The University’s Prevent policyLink opens in a new window

7.1.2 The University’s Equality, Diversity and Inclusion policyLink opens in a new window

7.1.3 The University’s Code of Practice at Regulation 29Link opens in a new window