This letter was written by members of the Colorado College faculty in response to disciplinary action taken against students who participated in a library sit-in earlier this semester. For more coverage on this ongoing situation see Seth Jahraus’s article on page one.
Political action and protest are protected rights in the United States. Protected speech can be disruptive, and protest is often inherently disruptive. Being part of a community that values the freedom of expression involves tolerating a certain level of disagreement and disruption.
Current Colorado College policy states that protest or demonstrations should not “disrupt the normal business or activities of the College.”
The College’s current policy cites Sec 104 of the Higher Education Opportunity Act, which amends existing code regarding institutions receiving federal grants (20 U.S.C. § 1011 a. (a)(2) (C-F)). The Code states:
(C) an institution of higher education should facilitate the free and open exchange of ideas;
(D) students should not be intimidated, harassed, discouraged from speaking out, or discriminated against;
(E) students should be treated equally and fairly; and
(F) nothing in this paragraph shall be construed to modify, change, or infringe upon any constitutionally protected religious liberty, freedom, expression, or association.
The Code (20 U.S.C. § 1011a. (b)(l)) further allows Colleges to impose official sanctions on students who have intentionally engaged in:
the disruption or attempted disruption of a lecture, class, speech, presentation, or performance made or scheduled to be made under the auspices of the institution of higher education, provided that the imposition of such sanction is done objectively and fairly. (emphasis added)
In recent months, students at Colorado College have been subject to conduct hearings based on their participation in protest that did not disrupt “a lecture, class, speech, presentation, or performance.”
Furthermore, College administrators have sent intimidating messages concerning participation in protest that did not even meet their overly-broad standard for sanctionable protest.
We have four recommended actions at this time:
- Replace the overly broad and general “regular business and activities of the College” standard with the narrower list specified in the Federal Code.
- Establish ongoing shared oversight to ensure that the College is applying the Freedom of Expression Policy and any subsequent sanctions “objectively and fairly”
- Ensure that decisions about these crucial issues are not left to the discretion of Campus Safety.
- Establish ongoing shared oversight to ensure that the Freedom of Expression Policy and its implementation are regularly evaluated through our stated commitments, including our institutional lenses of antiracism and mental health and wellbeing.
Signed,
Concerned Colorado College Faculty