Campus Unrest: Be Proactive, Not Reactive*

College and university governing boards, perhaps accustomed to having ample time to make important policy decisions, should now be prepared to act expeditiously to help their presidents and institutions through free speech and campus inclusion controversies. With the increased combustibility of these controversies in the era of social media, presidents and institutions are increasingly called upon to respond instantly to such events—often with little or no context or time for deliberation or reaching a consensus.  A response, if called for, cannot wait for the next scheduled board meeting, as institutional leaders face these daunting challenges in real time. Boards must prepare in advance with their presidents by reviewing freedom of speech and academic freedom policies prior to controversy and by engaging in table-top scenarios to assess the robustness of these policies given real-world examples ripped from the headlines.

Recognizing the tensions between free expression and campus inclusion is a first necessary step toward reconciling them. In today’s climate, where partisan rancor seems to grow incessantly worse (and especially in an election season), the challenges of restoring civic discourse are daunting. And yet, if colleges and universities do not teach students how to disagree civilly, what other institution in society can or will? Today, more than ever, boards must guide and support their institutions in taking up that mantle.

Seven Recommendations for Board Members and Chief Executives

AGB recommends the following set of actions for board members and chief executives (and their cabinets) in terms of policies, policy reviews, plans, resource allocation decisions, and board development:

1. Review and reassess the institution’s freedom of speech and academic freedom policies. They may not have been materially updated in decades, and if not, they probably do not reflect current dynamics and sensitivities on campus.
2. Ensure that the institution’s freedom of speech and campus climate policies and statements of values are in harmony with each other. Weave updated ideas and values regarding justice, equity, diversity, and inclusion into each.
3. Put in place effective freedom of speech policies that may include appropriate and legally compliant time, place, and manner restrictions that balance the right to speech and assembly with students’ rights to a safe, non-disruptive campus. The policies should protect free speech while also safeguarding students’ rights not to be demeaned or intimidated.
4. Ensure that chief executives and boards have a shared communications plan regarding campus speech and climate matters that can be executed on a moment’s notice. Anticipate problems. Prepare more; react less.
5. Review the relationship and delegation of authority between institutional leaders and campus security officials to ensure that responsibilities and expectations regarding free speech and assembly on campus are well understood and followed.
6. When preparing the operating budget for the academic year, ensure that adequate resources are available if unanticipated additional security expenses are incurred due to controversial speakers on the campus or community activities that encroach on campus grounds.
7. Provide for regular board education sessions on all these issues. Board dialogue with colleagues—including Title IX officers, diversity and inclusion officers, the general counsel, the dean of students, and student trustees—can be eye-opening and formative.

Discussion Questions for Board Members and Chief Executives

These are key questions about freedom of speech and diversity, equity, and inclusion on campus for your board to consider. They are designed to stimulate thoughtful and productive discussions among board members, as well as to frame helpful conversations with the chief executive and key members of the senior staff who may interact with the board on these policies and issues.

Policies and Practices

• Has the institution adopted a current statement of principles that addresses freedom of speech and diversity, equity, and inclusion?
• When does the board review the institution’s or system’s policies on freedom of speech? Are those policies reviewed as part of the orientation of new board members?
• Does the governing board have a policy that delegates responsibility for implementing institutional policies related to freedom of speech to the president of the institution or system? Is there a clear decision-making process in place related to issues of freedom of speech?
• Does the institution have student, staff, and faculty guidelines for campus protests that clearly define what constitutes a violation and what disciplinary measures would be taken? Are campus security measures in place to address student protests or controversial speakers? Does the institution have policies regarding the use of campus facilities by outside groups?
• Does the governing board clearly understand the relationships among: 1) freedom of speech; 2) academic freedom; and 3) justice, equity, and inclusion?

Communications

• How often, if at all, does the institution’s president, general counsel, or other senior staff member inform the board about specific incidents and events related to campus freedom of speech?
• Do board members know what the internal adjudication processes are for students, staff, or faculty who violate institutional rules protecting free speech? Can they speak with knowledge about those processes if asked for comment by the press?
• How has the board engaged with students about issues related to freedom of speech and other campus climate matters? Is there a structured process for board engagement with students?

Legal Considerations and Risk

• How often does the board discuss the various risks associated with campus free speech policies?
• Does the board not only consider financial, reputational, and security risks, but also those related to the retention of students, faculty, and staff, especially if they feel the institution has fallen down on its commitment to fostering diversity, equity, and inclusion?
• Has the board considered how it would handle a hypothetical lawsuit filed against the trustees in federal court accusing them of First Amendment violations?

College, university, and system boards should have proactive conversations about free speech and inclusion before unrest surfaces on their campuses. Board members and chief executives must comprehend the difference between freedom of speech and academic freedom, recognize the tensions between free expression and campus inclusion, understand and ensure that they have adequate policies in place, and communicate effectively with stakeholders.

*This blog post is adapted from Freedom of Speech and Diversity, Equity, and Inclusion on Campus: Considerations for Board Members and Chief Executives. Washington, D.C.: AGB, 2022.