SOUTHEASTERN LEGAL FOUNDATION, gSLF —~ October 3, 2022 Robert Dana Vice President for Student Life and Diversity and Inclusive Excellence Dean of Students Universi ae? Dear Vice President Dana: We are writing to you regarding the University of Maine bias reporting system and related policies. We are concemed that the policies infringe on students’ First Amendment rights because they allow officials to discriminate against the content and viewpoint of speech. The policies also unconstitutionally chill freedom of expression because they allow anyone on campus to report students for perceived bias incidents. As such, we demand that the University revise these unconstitutional policies. Southeastern Legal Foundation is a national, nonprofit legal organization dedicated to defending liberty and Rebuilding the American Republic®. Through our 1A Project, we educate the public about students’ First Amendment rights on college campuses and take legal action on behalf of students whose rights are violated. This letter seeks to inform the University of Maine that bias reporting systems and bias response teams stifle free expression and violate longstanding precedent. Factual Background On its website, the University of Maine maintains a webpage called “UMaine Bias Response Team.” The webpage states: ‘The University considers acts of hate and bias unacceptable and antithetical to its commitment to an inclusive and respectful community. * https://umaine.edu/biasreportingy.University of Maine ciaber 3, 2022 Page 20f6 “Through the UMaine Bias Response Team and its reporting syste we review bias- related incidents. Reporting an incident will ead to an outreach to those dinety impacted and may also lead wo an investigation? ‘The University defines bias os “intentional or unintentional condustha dierevnaes, stereotypes, ‘excludes, harasses or bars anyone in ou community based on race, Color, rigion, sex, sexual ‘orientation, including transgender status and gender expression, nations origin, citizenship stats, age, disability, or veteran status.” and it says that anyone eaf report bias incident, including ‘campus vistors? The University futher explsns that "based statements” negatively impact the University. Asa result mintane a Bias Response Team to “address the impacts of batted incidents, behaviors and ations.” Atthough the Univesity acknowledges tat some bia incidents “may be constitutionally protected sposch and thus not subject 19 the university disciplinary processor a formal investigation,” goes onto say that the Bias Response Tearyil stl dress the negative impact ‘of bias and hate motivated behavior onthe campus community” and that the"Team will “assurfe] that institutional values are broadly known and winforeed”” The Univesity urges students, aff, and vittors to report ‘Gay possible bias-elated {incidents or bate erimes” throught online rporting form Repors go the Title IX Coordinator and Senior Associsie Dean op\Students, theDirector of Community Standards, Rights, and Respoasibilties, andthe Direto ofthe Office of Diversity and Inclusion. Studenis can accuse cach other anonymously of perceived bias based on gender ace, sexual orientation, and gender ‘dentiy, and even socioeconomic class and culture, among other categoric.” Complainants can even select a specific member of the Blas Response Team toeview the report. Analvsis 1s well sett tha college carpus ie the “marketplace of ideas” whore students are ‘exposed “to that robust exchange of ideas which discovers ruth" Indeed, freedom of speech and academic inquiry are “vita” on college camps) because only through thoughtful debate and pe ou aseptic University of Maine October 3, 2022 Page 5 of or take some ation to remedy the perceived harm, Infact, “the very nai)Bias Resse Tear’ suggests thatthe accused students setions have been prejudged tobe biased, Tein sno he “allege Bias Response Team’ or “Possible Bias investigatory Te Tis theBias Response ‘Team. Thus, any request to meet withthe Bias Response Tear willhill@tech on campus. In ‘hese ways, the bias reporting sytem imposes an unconstitutionaleiling effect on speach. TI. The University of Maine's bias sspoting system agai! lice anen he dor ‘outent and viewpoint discrimination. Monbers of te Bias Response Team athe Univer @F Mane ae ald empowet9 cogage in unconsional viwpelat and contavbased dscrnizaon. When a uaiversy promotes or discourages speech bse on “the speakeP spec moan iet089s pon, or perspective thas engaged in vewpoi’ dscriniaton.* Viewpot-bsed esti te never national” When unversy bans discussion of sein oi, he restrictions considered Centent bated Content-based resins are presumplivlywonsitaonl = ‘he Usivesin’' bia reporting Sat a lated policies give Bind Response Team unbridled discretion to discriminate again conten snd viwpoint*ARhowg theta made up tire admiisratr, tbe epoingfom lows compas to sie single admis to ‘eview the ep. Ths thee pohng 0 preveta eomplainat fom electing the adistator ‘hohe hake mot ily wo aetna oor ola, Te bias epg te uve jt single oficial broad discretion to insert is oun viens assessing whether he cones something be biased. Tere reno guidelines inl 0 cu tht iresn The Bas Response Team ths has authority to engage in unconttunal ewpeint and content discrimination When receives reports of bias. ‘The University Spears to accept on is Websie that students cannot be punished for protected speech. Buti that sire, why does the reporting system exis a all? The answer can ‘nly be thatthe bias reporting syst is intended to llence students whose views donot conform ‘othe masses through ear, BY its very natu, the bias paring system isinended te deter based specch and prevent itom occurring again “assuring tha institutional values ar broadly known and reinforced tn this ray, bias feporting systems inevitably infringe on students’ First ‘Amendmeatrights becuse they creat chilingffect and allow university oficial to ake action tosilence speech they disagree with, eh 939 3 7, ono, S15 US. 820, ‘See Per Ee dae. Pry Pel Etats’ Arn, 46D US 37 (1983); Boa Bary, 485 US. 312,319 19a. Ser eg, Popih 10S a. See Lake Pn Deer Pus Ca 486 US. 150,757 (1988) * hibhmns saepatingae pms. iUniversity of Maine October 3, 2022 Page 6 of 6 Demand “{Clolleges and universities are not enclaves imutitne om thé)sweep of the Fits Amendment.” It is the duty of college officials to protect and defend the voices of every student ‘on campus. But through this unconstitutional reporting system, it istunclear which speech. caf be considered biased and what action the University will take whemlit receives reports of bias. The bias reporting system creates a chilling effect on all Students, particularly those wishisigto share conservative views, and it allows university officials o assess both the viewpoint and eontent of speech, SLF urges the University to remove the bias)reporting’ system and bias response team altogether from campus, as they chill expression father than invite it. But at'® minimum, the University must clarify that speech is protected and eaianot be subject torany investigation or punishment. Only once on its website doesithe University make this suggestion, but it fails to explain what kind of speech is protected or what. kinds of protections ate afforded to it. The University should, at a minimum, link t its Freedom of Speech webpage in several places on its bias reporting system webpages. It must clarify that any constitutionally protected specch, including hate speech and offensive speech, cannot and will not be investigated or punished. And it must explain that any meeting requests with the Bias Response Team that stem froma report of biased speech are purely voluntary. Open discourse is eritical to beth’a functioning demiocracy and a well-rounded college experience. College students are inthe unique position of being surrounded by true diversity diversity of thought, race, religion, and eulture. For many, ths isthe frst—and perhaps only— time they will be exposed to a “marketplace of ideas” that differ from their own. The college experience can have a’ significant impact on the leaders of tomorrow. The University of Maine rust do its part to ensure this freedom forall its students Yours in Freedom, Cece O'Leary Director of 1A Project Southeastern Legal Foundation CC: University of Maing Board of Tru Dannel Malloy Kenda Scheele Meredith Whitfield Healy, 408 VS. 180,