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Code of Practice on Freedom of Speech and the Conduct of Activities in

the University
Arrangement of Sections

Part I (ss 1-3) Authority of the Code


Part II (s4) Informal Activities
Part III (ss 5-9) Formal Activities
s5 Meaning
s6.1 Notification to Director of Corporate Services:
Private and Public Formal Activities
s6.2 Notification to Director of Corporate Services:
Public Formal Activities
s7 Administrative procedures
s8 Regular academic programme
s9 Commercial conferences and short courses
Part IV (ss 10-13) Designated Activities
s10 Designation considered if notified under s 6.1 or
6.2
s11 Director of Corporate Services' powers
s12 Conduct of Meetings
s13 Apportionment of costs
Part V (s14) Disciplinary Provisions
Part VI (ss 15-16) Review and Interpretation

Part I
Authority of the Code
1 The Education (no 2) Act 1986
1.1 It is a fundamental policy of the University as an academic institution that on its property
and in its activities there should be freedom of speech within the law, and that no benefits
of membership of the University should be withheld from any member solely on account
of their sex, race, colour or religious, or political or other views and beliefs. This policy is
reinforced by section 43 of the Education (no 2) Act 1986 ('the Act') which requires the
Council, as governing body of the University, to issue and keep up to date a code of
practice with a view to facilitating the discharge of the duty imposed by the Act on every
individual and body of persons concerned in the government of the University to:
1.1.1 take such steps as are reasonably practicable to ensure that freedom of
speech within the law is secured for members students and employees of the
University and for visiting speakers; and
1.1.2 ensure, so far as reasonably practicable, that the use of any premises of the
University is not denied to any individual or body of persons on any ground
connected with the beliefs or views of that individual or of any member of that
body or the policy or objectives of that body.
1.2 This Code of Practice ('the Code') is issued by, and with the authority of, the Council
pursuant to the Act and is intended to protect not only freedom of speech in a narrow,
literal sense, but also in its wider sense including freedom of association; safety of the
person; the right to go about one's lawful business at the University without intimidation,
harassment (including sexual) or violence; the right to the quiet enjoyment of property; the
reputation of the University; and good order on its land and premises.
2 Jurisdiction and Limitations of the Code
2.1 The provisions of this Code are mandatory on all employees, students, honorary and
visiting staff and other members of the University within the meaning of the Statutes and
Ordinances and on all persons and associations occupying property of the University
other than by leasehold.
2.2 This Code shall be advisory in respect of staff and students of the Associated and
Affiliated Institutions while on the premises of the University who for these purposes shall
be deemed to be subject to the code of practice made under the Act by the governing
body of the institution of which they are employees or students. The University reserves
its legal rights (where they exist) against such staff and students in respect of actions
which would otherwise be breaches of this Code where there is a conflict or lacuna
between the respective codes.
2.3 The jurisdiction of this Code extends to all premises and property of the University and, so
far as reasonably practicable, to activities with which the name of the University or its
constituent bodies is formally associated which are held elsewhere. Should the premises
in the latter instance be subject to another code of practice made under the Act, members
of the University involved in the activity shall observe the provisions of that code of
practice but shall nevertheless be subject to the disciplinary provisions of this Code and
shall inform the Director of Corporate Services where the activity possesses any of the
characteristics in paragraphs 6.1 and 6.2 below in order that he may satisfy himself that
the University's interests under the Act are adequately safeguarded.
2.4 The provisions of this Code shall apply to all duly summoned meetings of the Students’
Union and its committees (whether or not quorate) wherever held.
2.5 Nothing in this Code shall be understood as creating a new or additional right for any
person to raise any matter at a meeting which is not part of the duly published business or
subjects to be discussed or which under the relevant constitution or standing orders is
properly ruled out of order. In particular, established policies of the University and its
constituent bodies and associations concerning the discussion of reserved business,
personnel and similarly private business matters are not changed by this Code.
2.6 While the primary purpose of this Code is to enable persons as far as reasonably
practicable to learn or hear views from, and discuss matters with, whomever they wish,
nothing in this Code shall be understood to impose an obligation on them to attend any
lecture, seminar, meeting or activity or to invite any speaker.
2.7 Subject to the provisions of the Act, the University retains its normal legal discretion as
occupier to license or not individuals and groups to enter and remain on its land and
premises.
3 Responsible Officers
3.1 The Vice-Chancellor shall be responsible to the Council for the operation of this Code as
Chief Executive of the University. Subject thereto, his authority for its administration shall
be delegated to the Director of Corporate Services as Head of Administration who may
further delegate his authority in general or particular instances to other officers of the
University. Where there is a dispute about the Director of Corporate Services's
interpretation of this Code or his ruling in a particular instance, the matter shall be referred
to a Pro-Vice-Chancellor (who may consult the Vice-Chancellor if he considers it
appropriate) for final determination if time and practicalities permit.
Part II
Informal Activities
4 Application of Code to Informal Activities
4.1 While the detailed provisions of this Code apply primarily to Formal Activities, it should be
understood that the principles laid down in section 1 also apply to protect freedom of
speech and its associated rights during social, private or recreational activities. For
example, it would be a breach of this Code to prevent or disrupt an informal discussion
which was held in a social, recreational or communal area or within the Residences by
reason of the beliefs held, or views expressed, by the participants or to harass them or to
damage or steal their property for that reason.
Part III
Formal Activities
5 Meaning of Formal Activities
5.1 The provisions of Parts III and IV of the Code shall apply to activities which are formal or
require organisation (hereafter called Formal Activities). A comprehensive definition of
such activities is not practicable but for the purposes of this Code an activity will be
deemed to be Formal if it has one or more of the following characteristics:
5.1.1 it falls within the generally accepted meaning of a meeting, debate, committee,
lecture, class, tutorial, seminar, examination, symposium, short course or
conference;
5.1.2 it is a stage play (whether or not licensed for public performance), art
exhibition, film or video performance or music concert;
5.1.3 a room or identifiable area (eg the Forum or Lakeside) is booked for the
activity (whether through the booking agencies of the University, Students’
Union or other association);
5.1.4 it is advertised through the normal media employed (with or without
permission) in the University, such as noticeboards, fly-posting, leafleting,
Newsletter, Bare Facts, the student radio station etc;
5.1.5 it is intended to be open to the public;
5.1.6 it is intended that non-members of the University be invited to address or
deliver a speech to a group;
5.1.7 admission is to be controlled by levying a charge, production of a ticket or by
showing some means of identification.
5.2 An activity or event which displays none of the above characteristics may nevertheless be
made subject to Part IV of this Code (concerning Designated Activities) by, or on the
authority of, the Director of Corporate Services should it be considered necessary in the
interests of securing the participants' freedom of speech or use of the University
premises.
6 Formal Activities where Director of Corporate Services Must be
Notified
6.1 It shall be the duty of any person contemplating or involved in organising a Formal Activity
(whether or not open to the public or non-members of the University) to ensure that the
Director of Corporate Services1 is informed as soon as they have reason to believe that:
6.1.1 the activity may be disrupted by reason of the nature of any subjects to be
discussed or the views or beliefs (whether or not related to the activity) of any
person attending; or
6.1.2 there is an appreciably greater than normal risk to the safety or health or
property of any person attending, proceeding to, leaving or in the vicinity of the
activity by reason of their involvement in the activity or apparatus to be used in
the activity; or
6.1.3 intimidation, duress or harassment might be applied to any person in an
attempt to prevent their attending the activity; or
6.1.4 the activity might be picketed; or
6.1.5 guests or visiting speakers (which term also covers honorary, visiting and part-
time associate academic staff) include:
6.1.5.1 any current or past Member of the House of Commons or Minister
of the Crown; or

1
The Director of Corporate Services has delegated his functions under section 6, and the
initial assessment of risk under section 10.1, to the Director of Business Support Services
(Mr B D Barnard).
6.1.5.2 any diplomat or representative of the government of a foreign
power; or
6.1.5.3 a person representing or closely associated with a political
organisation or party which espouses nationalist or non-
parliamentary revolutionary policies; or
6.1.5.4 any member of the British or an overseas Royal Family; or
6.1.5.5 the Mayor or Chairman of any local authority in Surrey; or
6.1.5.6 any person who has previously been improperly prevented from
delivering a speech or lecture or whose presence has caused or
threatened a breach of the peace at the University or another
institution of higher education; or
6.1.6 the use of the University land or premises is likely to be denied to any person
or body of persons involved in the Formal Activity on any ground connected
with the beliefs or views of that person or any member of the body, or the
policy or objectives of that body.
6.2 In addition to paragraph 6.1 above, any person contemplating organising a Formal
Activity which is open to the public or non-members of the University, and any person
responsible for processing the booking of rooms or space for the proposed Formal
Activity, is under a duty to inform the Director of Corporate Services without delay and in
any case not less than four weeks before the activity is due to take place, should the
proposed activity have any one or more of the following characteristics:
6.2.1 The subject of the activity concerns wholly or in part any matter of current or
recent public controversy which might lead to a real risk of the participants'
freedom of speech or use of premises being disrupted or the subject-matter of
the activity is included on a list of subjects issued by the Director of Corporate
Services from time to time as an annex2 to, and with the authority of, this
Code.
6.2.2 The nature or subject of the activity could be considered or expected to be
deliberately blasphemous (in respect of Christianity or other religions) or
obscene or grossly defamatory (including towards the reputation of someone
who has died within living memory).
7 Booking and Administrative Procedures
7.1 Booking agencies shall introduce or modify booking forms or other suitable procedures in
order that the attention of organisers of Formal Activities is drawn to this Code (and in
particular to the factors in paragraphs 6.1 and 6.2 which require the Director of Corporate
Services to be informed) and to ensure, as far as reasonably practicable, that matters of
which the Director of Corporate Services should be aware are identified at the earliest
possible stage. The design and wording of booking forms or adequacy of alternative
procedures shall be subject to the approval of the Director of Corporate Services. For the
purposes of this Code, the various booking agencies for the time being are:
7.1.1 University teaching rooms Deputy Academic Registrar
(during timetabled hours*) (Academic Standards)
(all other times including vacation) Conference Office
7.1.2 University Hall Director of Catering:
7.1.3 Senate House Committee Rooms University Secretary
7.1.4 Vice-Chancellor’s Committee Room B Vice-Chancellor’s Secretary
7.1.5 Library Seminar Rooms Librarian
7.1.6 Union House House Manager
7.1.7 Wates House Wates House Manager
7.1.8 Forum, Lakeside, Piazza Chief Security Officer
7.1.9 Car Parks (including Senate Square) Chief Security Officer
7.1.10 Quite Centre Head of Student Services
7.1.11 Sports Hall, Sports Pavilion, Varsity Sports Director
2
See page J/ 15
Centre
7.1.12 Stag Hill playing fields Chief Security Officer
7.1.13 Austin Pearce Building teaching Deputy Academic Registrar
areas (during timetabled hours*) (Academic Standards)
7.1.14 Performing Arts Technology Studios
(during semester) Department of Music and Sound
(during vacation) Recording Office
Conference Office
7.1.15 Oak House Meeting Rooms Director of Catering
7.1.16 Continuing Education Centre Conference Office
*’Timetabled hours’ in this context includes Wednesday afternoons in semester.
8 Regular Academic Programme
8.1 It should be noted that even if lectures, classes, seminars or similar are part of the regular
academic programme for undergraduate, or postgraduate or adult students, the
organisers are required under paragraph 6.1 to inform the Director of Corporate Services
if they foresee any of the contingencies listed in that paragraph.
8.2 The requirement to inform the Director of Corporate Services if the subject matter falls
within paragraph 6.2 does not apply to the regular academic programme for
undergraduate and postgraduate students provided it is not intended to open a lecture,
class or seminar to the public or non-members of the University. It is, however, within the
discretion of the teacher or academic leader of the lecture, class or seminar to inform the
Director of Corporate Services if he considers it advisable.
8.3 Where circumstances require, the teacher or academic leader will be deemed under this
Code to have the powers and responsibilities of a chairman of a meeting.
8.4 For the avoidance of doubt, it should be understood that, provided the effect is not
achieved by means of intimidation, duress or harassment, paragraph 2.6 of this Code
allows the voluntary boycott by students of timetabled lectures classes and seminars but
does not purport to legitimise absences which are, or may be, a breach of Course or
Degree Regulations.
9 Commercial Conferences and Short Courses
9.1 Commercial conferences and short courses which have any of the characteristics set out
in paragraphs 6.1 or 6.2 above must be referred to the Director of Corporate Services
whether they are organised internally or externally. The Conference Manager and (so far
as is relevant to them) the Head of the School of Arts, Director of UniSdirect, the
Secretary of the Surrey Alumni Society shall adapt and keep under review their
administrative procedures to ensure that the organiser of the conference or short course
discloses at the earliest opportunity whether any characteristics in paragraphs 6.1 or 6.2
are, or are likely to be, present. The Director of Corporate Services shall have the power
to change the administrative procedures if he is not satisfied that they meet the
requirements of this Code.
9.2 Contracts for the hire or use of premises and facilities to which this Code applies shall
inter alia:
9.2.1 draw the attention of the hirer or user to the relevant provisions of this Code;
9.2.2 define clearly the costs to be borne by each party in ensuring freedom of
speech for the conference or short course under this Code (having due regard
to paragraph 13.7 below).
9.3 Under no circumstances without the express approval of the Director of Corporate
Services may a contract be entered into which entitles a hirer (whether internal or
external) to engage the services of a commercial security firm or of the police on a
payment basis on land or premises to which this Code applies.
Part IV
Designated Activities
10 Director of Corporate Services to Assess Risk
10.1 On being informed that a Formal Activity falls within paragraph 6.1 or 6.2, the Director of
Corporate Services shall consult the organiser (and, where the Formal Activity is a
student event, the President of the Students’ Union) and the Chief Security Officer and
consider whether, in the light of information and advice received, the University's normal
arrangements and procedures would be adequate to ensure the freedom of speech of the
participants and their use of the premises. If satisfied that no special measures need to be
taken, he shall inform the organiser (but may advise the organiser on arrangements to be
made to discharge his obligations as a host). No further action need be taken, but the
obligations under section 6 would remain and the Director of Corporate Services may
subsequently change his original decision if developments require it.
10.2 If the Director of Corporate Services decides that special measures need to be taken to
ensure the freedom of speech of the participants and the use of the premises for the
Formal Activity he shall inform the organiser in writing that it is deemed to be a
Designated Activity and as such is subject to section 11 below.
11 Procedures to be followed by Director of Corporate Services
11.1 On designating a Formal Activity under paragraph 10.2, the Director of Corporate
Services shall:
11.1.1 inform a Pro-Vice-Chancellor;
11.1.2 require an Organiser to be nominated who shall be personally acceptable to
the Director of Corporate Services and who shall be responsible for the
arrangements and who shall be deemed to have authority to vary them if so
requested, or instructed by, or on behalf of, the Director of Corporate Services;
11.1.3 as a pre-condition for permitting the Designated Activity to be held, require a
special booking form to be fully completed in respect of the room or area to be
used for the Designated Activity and that it be signed or countersigned by the
Organiser as evidence of acceptance (subject to the provisions for appeal
under this Code) of the terms and conditions to be laid down by, or on behalf
of, the Director of Corporate Services; but the Director of Corporate Services
may waive the requirement for a special booking form to be completed
provided satisfactory alternative evidence of acceptance is forthcoming;
11.1.4 inform the Director of Business Support Services the Chief Security Officer,
the Support Services Manager, the Director of Estates and Buildings, the
Director of Marketing and Public Affairs and, if appropriate, the University
Safety Adviser.
11.1.5 inform the officer with day-to-day managerial responsibility for the area in
which it is intended to hold the Designated Activity. (In respect of the Students’
Union he shall inform both the House Manager and the Duty Sabbatical for the
day on which it is proposed to hold the Designated Activity);
11.1.6 inform the Organiser of the officers to whom he has delegated any authority
under this Code either generally or in respect of the Designated Activity;
11.1.7 inform such colleagues as he thinks necessary where the Designated Activity
is proposed to be held on other than University land or premises.
11.2 Powers of the Director of Corporate Services
Having regard to the purpose and nature of the Designated Activity, the views of the
Organiser and to what is reasonably practicable, the Director of Corporate Services shall
have the power and authority:
11.2.1 to determine the date and time for the event;
11.2.2 to decide the room or area in which it is to be held;
11.2.3 in deciding 11.2.1 and 11.2.2, to take into account: the compatibility of other
organised or booked activities which would be adjacent to, or near, the
Designated Activity and the order in which bookings were made; the numbers
expected to attend or participate; access routes for participants and visiting
speakers; ease of approaching, parking and departing by motor vehicle;
11.2.4 to consult and, if appropriate, request the presence of the police;
11.2.5 to require the attendance of Security Officers, Building Supervisors and
Porters, subject to the provisions of their contracts of employment concerning
voluntary overtime and rest days;
11.2.6 to lay down conditions concerning stewarding of the Designated Activity,
including the ratio of stewards to participants, that stewards be identifiable as
such, that their names be supplied in advance, that they be acceptable to the
Organiser and Chief Security Officer in terms of temperament and physical
fitness and that they be briefed on their functions and duties by, or on behalf
of, the Organiser (or Chairman of the Meeting if different from the Organiser);
11.2.7 to embargo and approve advertising and publicity arrangements; and to
stipulate that posters and publicity material include an English translation
where necessary;
11.2.8 to require that admission be limited to members of the University or to the
identifiable members of an association (including, if appropriate, those who
are members by virtue of reciprocal membership agreements) or to an
identifiable and definable class of persons;
11.2.9 to decide, in consultation with the Organiser and the Public Relations Officer,
whether and under what conditions representatives of the press, television
and radio may be admitted;
11.2.10 to require the Organiser to make adequate arrangements to avoid guests and
visiting speakers being molested on their way to and from the University and,
generally, to ensure (as far as possible in the circumstances) that the normal
courtesies of a host are extended to them while they are at the University;
11.2.11 to agree with objectors to the Designated Activity, or impose as necessary,
guidelines in respect of peaceful demonstration, picketing or other legitimate
forms of protest, subject to Part II of the Public Order Act 1986;
11.2.12 to impose other such conditions as are reasonable in the interests of
safeguarding freedom of speech and the use of the premises both in respect
of the Designated Activity and of other persons lawfully attending the
University;
11.2.13 to vary (in writing if time and practicalities permit) as he sees fit any conditions
previously laid down in respect of the Designated Activity in the light of fresh
information provided by the Organiser or other source;
11.2.14 to withdraw approval for the Designated Activity should it become apparent
that the Organiser is unwilling, unable or incapable of complying with his
stipulations, to the extent that the steps necessary to ensure freedom of
speech within the law are no longer reasonably practicable, subject always to
the Organiser's right of appeal under section 3 above.
11.3 Statutory Licensees
The powers and authority of the Director of Corporate Services as set out in paragraph
11.2 above (especially in respect of sub-paragraphs 11.2.1 and 11.2.2) shall be exercised
in a manner consistent with the legal responsibilities and authority of the holder of any
statutory licence pertaining to an area or activity affected by a Designated Activity. A
statutory licensee shall have the right to an indemnity from the University against his
being held liable at law for a breach of the licence occasioned by the requirement to
observe this Code and the Act.
12 Meetings
12.1 At any Designated Activity which is a meeting or a lecture or otherwise where required by
the Director of Corporate Services (for the purposes of this section referred to as a
meeting ), there shall be a Chairman.
12.2 The Chairman shall brief himself beforehand on the law of meetings with particular
reference to the powers of a Chairman and maintenance of order. Attention is drawn to
the Public Meetings Act 1908 and the Public Order Acts 1936-86. Advice can be obtained
from the Director of Business Support Services or the Chief Security Officer.
12.3 Stewards shall act during the meeting only on the instructions of the Chairman, unless
required by a constable to assist in suppressing a breach of the peace.
12.4 Subject to the standing orders of the body concerned regulating the conduct of debate,
the Chairman shall have sole discretion in such matters as who may speak, in what order
and for how long. All attending the Designated Activity shall abide by the rulings of the
Chairman.
12.5 The Chairman shall order any speaker to cease speaking as soon as he perceives that
the speaker is transgressing, or is about to transgress, the bounds of lawful freedom of
speech. Such transgression includes incitement to racial hatred, sedition, inflammatory
language likely to cause a breach of the peace or criminal blasphemy.
12.6 It shall be for the Chairman to judge the amount of interruption or heckling from the
audience that is consistent with the style and nature of the meeting; provided that
concerted interruptions or heckling or persistent interruption in defiance of the Chairman's
ruling such that a speaker cannot be properly heard or the meeting cannot properly be
conducted shall not be tolerated in any circumstances.
12.7 Persons disrupting a meeting shall first be ordered by the Chairman to desist. If they
refuse, they shall be asked for their names and warned that they may be ejected. If they
continue their disruptive behaviour, the Chairman shall clearly identify the persons and
instruct the stewards, such that he can be heard by as many present as possible, to eject
those persons, using the minimum force necessary. The chief steward shall, as far as
possible, deploy his stewards in an attempt to prevent those persons from re-entering the
meeting or causing damage to University property.
12.8 Where the Chairman has taken the steps outlined in paragraph 12.7 but considers that
the meeting can no longer be conducted in an orderly manner or that the safety of those
attending can no longer be assured, he shall explicitly close the meeting and ask for the
assistance of the stewards in escorting guests and speakers away from the meeting.
Should a breach of the peace have occurred or be imminent the police (if present) may
decide to close the meeting in advance of the Chairman's ruling.
12.9 The normal rules forbidding smoking, eating and drinking in University teaching rooms
apply. Where a meeting is a Designated Activity, banners, loudhailers, sailing-horns and
missiles may not be taken into the meeting and may be confiscated in the course of
controlling admission.
12.10 The admission of anyone who is clearly intoxicated may be refused.
13 Costs
13.1 Except in respect of Designated Activities, this Code does not alter the normal policy
concerning the charging of budget-centres for services which are provided by the
University and others and which contribute to the maintenance of freedom of speech.
13.2 'Costs' for the purposes of section 13 shall include the costs normally borne by the
organisers and the cost to the University of requiring the attendance at a Designated
Activity of Security Officers, Building Supervisors and Porters (whether at plain or
overtime rates according to their contracts of employment), the cost of stewarding and
police services, special travel and accommodation arrangements for participants, guests
and speakers, weighting of insurance premiums, printing or reprinting of tickets and
advertising for the Designated Activity, additional energy and services required by reason
of the event being designated, and such other costs (including opportunity costs) which
are incurred because the activity is a Designated Activity.
13.3 Budget-centre includes:
13.3.1 the normal heads in the University's Annual Estimates;
13.3.2 Academic Schools and non-Academic Departments, Units and Institutes;
13.3.3 the Students’ Union;
13.3.4 affiliated clubs and societies of the Students’ Union;
13.3.5 the student radio station (GU2).
13.4 The University (as a budget-centre) will as a normal principle bear the costs if a
Designated Activity is:
13.4.1 a meeting of the Court, Council or Senate or one of the committees of those
bodies; or
13.4.2 an Inaugural Lecture; or
13.4.3 a University Lecture; or
13.4.4 an event organised under the auspices and with the approval of the Arts
Committee of Senate; or
13.4.5 part of the regular timetabled academic programme.
13.5 Subject to paragraph 13.6, the costs of any other type of Designated Activity will, as a
normal principle, be borne by the budget-centre from which the Organiser would meet the
normal costs of the event and to which income from it would be credited. Where a budget-
centre has insufficient funds to meet the costs of a Designated Activity, the Director of
Corporate Services may agree to the University (as a budget-centre) meeting some or all
of the costs if he is satisfied that the relevant budget was prepared and has been
committed in good faith or he may require the Organiser to impose an admission charge
or reduce other elements in the budget, or he may require the Designated Activity to be
postponed until the budget-centre has sufficient funds.
13.6 Where a body or group within the University wishing to organise a Designated Activity
have not been affiliated to or recognised by a budget centre during the previous twelve
months, the Director of Corporate Services may agree to the University bearing all or a
share of the costs, provided he is satisfied as to their bona fides and/or that in the
previous twelve months they have had an identifiable or formal existence (eg a public
constitution) and have previously openly organised activities as a group under
substantially the same name.
13.7 As a normal principle the costs of a Designated Activity arising from the contractual hire of
University premises and property should be borne by the hirer, but may be shared or
wholly borne by the University by negotiation with the hirer and with the agreement of the
Director of Corporate Services.
13.8 Where, after discussion, the Organiser considers that the special measures required by
the Director of Corporate Services are excessive he may appeal under section 3 and/or
the advice of the police may, if appropriate, be sought jointly. In the event of consulting
the police, the normal principle shall be that the Organiser meets the costs of special
measures up to the level recommended by the police and the University (as a budget-
centre) meets the costs of the additional measures which the Director of Corporate
Services nevertheless deems necessary.
Part V
Disciplinary Provisions
14 Breaches of this Code
14.1 The actual or attempted disruption of an Informal or Formal Activity with the intention of
infringing freedom of speech within the meaning of this Code by those on whom the
provisions of this Code are mandatory will render them liable to disciplinary action by the
University, without prejudice to action in the courts.
14.2 In the case of employees, disciplinary action shall be in accordance with their contracts of
employment.
14.3 In the case of a student he shall be subject to the disciplinary provisions of Statutes 5(5)
and 26 and the Ordinances unless the Vice-Chancellor (or his delegate under Statute
5(6)) decides that the matter would be dealt with more appropriately under Regulations
made by Senate concerning misconduct by students.
14.4 A wilful or grossly negligent failure to comply with the duties and procedures in section 6
or to co-operate with the Director of Corporate Services in respect of a Designated
Activity will render the employee or student liable to disciplinary action under paragraph
14.2 or 14.3. Such failure may be taken into account by the Planning Committee in
recommending future allocations of grant to budget-centres.
14.5 It shall not be a defence in disciplinary proceedings instituted under Paragraph 14.1
(although it may be pleaded in mitigation) that an employee or student acted:
14.5.1 in obedience to his conscience; or
14.5.2 under a mandate, or in accordance with the policy, of an association of which
he is a member; or
14.5.3 under instructions from a representative of a foreign government (or
government-in-exile); or
14.5.4 with others whose identities are unknown to the disciplinary authority; or
14.5.5 under a misapprehension of the meaning of a speaker's words or actions.
Part VI
Review and Interpretation
15 Review of the Code
15.1 The Director of Corporate Services shall report annually to the regular summer meeting of
the Council on the operation of this Code, such reports to include the number of activities
which have been designated since the previous report and recommendations for
amendments (if any) to this Code.
15.2 In cases of urgency, the Director of Corporate Services shall have the power to add to the
characteristics in paragraph 6.1 and the annex to the Code issued under paragraph 6.2.1
which require him to be notified of a Formal Activity, provided that he seeks the ratification
of the Council at its next regular meeting.
16 Interpretation
16.1 In this Code words of the masculine gender shall include the feminine gender unless the
context otherwise requires.
16.2 Where there is uncertainty about the interpretation of any provision in this Code, there
shall be a presumption that it is to be construed in favour of the person or body wishing to
exercise or protect their freedom of speech.

As approved by Council: 9 July 1987 and subsequently amended


Annexes To The Code Of Practice On Freedom Of Speech And
The Conduct Of Activities In The University

Annex 1
The following Annex is issued by the Director of Corporate Services with effect from
1 September 1987 in accordance with his authority under paragraph 6.2.1 of the
Code of Practice on Freedom of Speech and the Conduct of Activities in the
University.

The organiser and booking agency (see paragraph 7.1 of the Code) of an event
which is intended to be open to the public or non-members of the University and to
be held on University premises (including the Students’ Union) is required to notify
the Director of Corporate Services at least four weeks before the proposed event if its
subject matter concerns any of the following:
a current national or prominent local trade dispute
blood sports
genocide
animal experimentation
Zionism
current Irish paramilitary activities
a current or recent war (or revolution) involving a foreign country whose
nationals are included among the University's students
the supposed intrinsic superiority or otherwise of racial/ethnic groupings
sexual exploitation of minors (ie both sexual abuse and child pornography)
the aborting of human foetuses
immigration and nationality policy
the misuse of drugs
any matter currently under consideration in a court of law and which might be
sub judice.
Annex 2
Rights of Individuals in Relation to Groups
1 00000000Any group of individuals undertaking activities on behalf of the
group on University property shall be required to respect the rights of
individuals, including its members, as set out in paragraph 2 if it fulfils one or
more of these criteria:
1.1 it has a formal or public name or acknowledges a colloquial
nickname;
1.2 it has a constitution or legal personality;
1.3 it actively seeks to recruit new members;
1.4 individuals must pay a fee or subscription, or there is a formal
procedure or ritual to be undertaken, in order to become or remain
members;
1.5 members are expected to adopt, follow or promote a common
cause, set of beliefs, or activity.
2 Any individual, including a member or person offered or considering
membership of the group as defined in paragraph 1, shall have the following
rights in relation to the group:
2.1 the ability to cease membership or participation in any activity of the
group (subject to any reasonable rights of the group to be given
notice, to retain subscription or other financial contribution or to
safeguard the health and safety of other members);
2.2 to be given honest and accurate answers to inquiries about the
purpose, aims or beliefs of the group and the commitments and
obligations of membership in sufficient time to enable an effective
choice to be made about joining the group or participating in any
activity;
2.3 Not to be deceived, intimidated, coerced or harassed into becoming
or remaining a member, or leaving another group;
2.4 Not to be denied access to, or communication with, family, friends
or members of the University through deceit, duress or
unreasonable obstruction by other members of the group;
2.5 Not to be required or expected by the group to make regular
financial contributions exceeding one tenth of the individual's
income or assets to it or other recipient.
3 0An individual of sound mind may on due consideration implicitly or explicitly
waive any of the rights in paragraph 2 but in the event of dispute or complaint
the onus shall be on the group to prove that the rights in question were
effectively waived.
4 The Director of Corporate Services shall investigate a written complaint to
him from a personal tutor, recognised chaplain to the University, Student
Counsellor, Court Warden or sabbatical officer of the Students’ Union, that a
group has a policy or has made a practice of infringing any of the rights in
paragraph 2 whether on University property or elsewhere. Where the group is
a recognised club or society of the Students' Union he shall consult the
President of the Students' Union and, if practicable, give the group the
opportunity to reply to the complaint before reaching any conclusions. If he is
reasonably satisfied that the complaint is justified, or that the group acts
against freedom of speech within the meaning of paragraph 1.2 of the Code
he may ban the group from operating on University property or impose
restrictions or conditions on its activities. The group may appeal under
paragraph 3.1 of the Code. The Director of Corporate Services shall report
the matter to the next regular meeting of the Council.
5 Nothing in this Annex shall be understood to prejudice the generality of Parts
I to VI of the Code.

Approved by Council: 8 December 1994

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