Speech and Expression Q&A

Do I have First Amendment/free speech rights at Georgetown? Does the University have a speech and expression policy?

The free speech clause of the First Amendment states that Congress (and, by extension, state actors such as most public universities) “shall make no law . . . abridging the freedom of speech.” Though the free speech clause of the First Amendment does not apply to private universities, Georgetown has adopted a speech and expression policy reflecting its commitment to the principle of free expression. Georgetown University’s Policy on Speech and Expression provides all members of the University community, including faculty, students, and staff, the broadest possible latitude to speak, write, listen, challenge, and learn, consistent with Georgetown’s legal obligations and commitment to academic inquiry.

What does the University’s policy say?

In general, Georgetown’s Policy on Speech and Expression provides all members of the University community, including faculty, students, and staff, the broadest possible latitude to speak, write, listen, challenge, and learn. It reinforces the idea that it is not the proper role of a university to insulate individuals from ideas and opinions they find unwelcome, disagreeable, or even deeply offensive. Deliberation or debate may not be suppressed because the ideas put forth are thought by some or even by most members of the University community to be offensive, unwise, immoral, or ill conceived. Although members of the University community are free to criticize and contest the views expressed by other members of the community, or by individuals who are invited to campus, they may not obstruct or otherwise interfere with the freedom of others to express views they reject or even loathe. Fostering the ability of members of the University community to engage with each other in an effective and responsible manner is an essential part of Georgetown’s educational mission.

Does Georgetown’s policy prohibit any types of speech or expression?

Georgetown’s Policy on Speech and Expression prohibits expression that violates the law, falsely defames a specific individual, constitutes a genuine threat, violates the University’s Harassment Policy, or unjustifiably invades substantial privacy or confidentiality interests. In addition, the policy allows the University to reasonably regulate the time, place, and manner of speech and expression to ensure that it does not disrupt the ordinary activities of the institution. Finally, to the extent that appointment letters, confidentiality agreements or policies, professional conduct policies, or HR policies regulate conduct that may include speech and expression, they are not superseded by the Policy on Speech and Expression. To that end, Georgetown community members are responsible for aligning their conduct with relevant University policies such as student codes of conduct and professionalism, the HR Policy Manual, the Faculty Handbook, and relevant departmental expectations.

What are time, place, and manner restrictions?

Simply because expressive activity is permitted by policy does not mean that one can engage in expressive activity in any manner, in any place, at any time. In general, the University may impose and enforce reasonable and viewpoint-neutral restrictions regarding the time, place, and manner in which speech and expression can occur on campus to encourage the expression of divergent viewpoints and opinions in a way that does not disrupt or inhibit regular University activities. For example, certain areas are considered “public squares” and are available, without prior arrangement, for University community members between 8:00 a.m. and 10:00 p.m. for the purpose of exchanging ideas; and amplified sound is prohibited when it unreasonably interferes with University business or academic operations. For more information on time, place, and manner restrictions, refer to the implementation guidelines for the University’s Policy on Speech and Expression.

Does the Policy on Speech and Expression apply to students, staff, and faculty members?

The University’s Policy on Speech and Expression is applicable to Georgetown students, staff, and faculty members. Information about the policy, implementation guidelines, and related resources can be found on Georgetown’s Speech and Expression website.

Can I file a complaint about someone’s offensive or even hateful speech/expression?

Merely offensive or even hateful speech, alone, is not prohibited by Georgetown’s Policy on Speech and Expression; however, the University considers acts of hate and bias unacceptable and antithetical to its commitment to an inclusive and respectful community. Speech and conduct that violates the University’s Harassment Policy, the Code of Student Conduct, or other Professionalism policies is not protected under the Policy on Speech and Expression. Bias-related incidents may be reported through Georgetown’s Bias Reporting System, which is used to track and review such reports and connect community members with resources. Individuals who report bias-related incidents may also choose to file formal complaints through applicable University processes, which may lead to an investigation and discipline or corrective action, where appropriate.

Can I file a complaint about someone violating my speech rights?

Yes. It is a violation of the Policy on Speech and Expression to curtail the speech rights of others. Actions that violate the policy include disrupting events to prohibit other students from hearing the views of an invited speaker, removing flyers or other materials from individual student’s residence hall doors, or otherwise limiting another’s ability to express a view or perspective. Violations of the Policy on Speech and Expression and/or its implementation guidelines by faculty, staff, or students are handled through the applicable student conduct and faculty and staff professionalism disciplinary systems. Concerns may be raised to the Vice President for Student Affairs, who has responsibility for administering the implementation guidelines (i.e., time, place, and manner restrictions) of the University’s Policy on Speech and Expression on the Hilltop Campus. The Vice President is advised by a Committee on Speech and Expression, which hears concerns and may issue opinions and provide recommendations in the interest of upholding the University’s speech and expression principles. Such concerns can be emailed to speechandexpression@georgetown.edu.

How does the University’s Policy on Speech and Expression intersect with other policies?

The Policy on Speech and Expression provides members of the University community with the broadest possible latitude to speak, write, listen, challenge and learn, except in certain narrow exceptions. The freedom to debate and discuss the merits of competing ideas does not mean that individuals may say whatever they wish, wherever they wish. The Policy on Speech and Expression articulates certain types of speech that are not protected by the Policy (expression that violates the law, falsely defames a specific individual, constitutes a genuine threat, violates the University’s Harassment Policy, or unjustifiably invades substantial privacy or confidentiality interests). These forms of speech are subject to review and response, including corrective or disciplinary action as appropriate, under other University policies. Depending on the particular facts and circumstances, someone’s otherwise-permitted speech or expression may rise to the level of harassment or another type of unprotected expression or may substantially disrupt the University’s educational mission, and in such instances the speaker may be subject to discipline under the University’s relevant policies. In addition, Georgetown’s student and employee codes of conduct and professionalism policies may be implicated by an individual’s conduct or non-expressive behavior. See below for more information.

Does Georgetown prohibit harassment based on protected categories?

Yes. Georgetown’s Policy Statement on Harassment (Relating to Protected Categories) prohibits harassment, which it defines as verbal or physical conduct that denigrates or shows hostility or aversion to an individual because of an individual’s protected category (see below), when such conduct has the purpose or effect of: unreasonably interfering with an individual or third party’s academic or work performance; creating an intimidating, hostile, or offensive educational or work environment; or otherwise adversely affecting an individual or third party’s academic or employment opportunities.

Georgetown’s Harassment Policy prohibits harassment on the basis of someone’s age, color, disability, family responsibilities, gender identity and expression, genetic information, marital status, national origin and accent, personal appearance, political affiliation, pregnancy, race, religion, sex, sexual orientation, source of income, veteran’s status, and other factors prohibited by federal and/or DC law. Sexual harassment, in particular, is addressed under the University’s Policy on Sexual Misconduct.

Harassment is a form of discrimination prohibited by law, and it may include but is not limited to: verbal abuse or ridicule, including slurs, epithets, and stereotyping; offensive jokes and comments; threatening, intimidating, or hostile acts; and, displaying or distributing offensive materials, writings, graffiti, or pictures.

Harassment may include conduct carried out through the internet, email, social media, or other electronic means (see Georgetown’s Acceptable Use Policy for information about the appropriate use of information technology resources at the University). 

How does the University determine whether harassment has occurred?

To constitute harassment, the conduct must be objectively intimidating, hostile, or offensive, and must interfere with a person’s ability to participate in employment or educational programs or activities of the University. The injured party’s subjective perception of the offensiveness is considered, but standing alone, is not sufficient to constitute harassment.

Harassment is often targeted at an individual. However, even non-targeted speech or conduct relating to a protected category constitutes harassment when it is so severe or pervasive that it creates an intimidating, hostile, or offensive educational or work environment. Factors which determine whether conduct is severe or pervasive include the nature, scope, frequency, and duration of the conduct and the number of persons involved. Simple teasing, offhand comments, or isolated incidents that are not severe or pervasive do not create a hostile or offensive environment under Georgetown’s Harassment Policy.

The expression of points of view that some members of the community deem offensive or harmful does not constitute harassment, unless it meets the above standard. The University encourages students to engage with viewpoints with which they may strongly disagree, and the policy against harassment is not designed to restrain the expression of viewpoints that others may strongly object to. 

Do any informal processes exist to resolve incidents of bias or potential harassment?

The Office of Institutional Diversity, Equity, and Affirmative Action (IDEAA) offers an Alternative Resolution process, which does not require filing a complaint.  Alternative Resolution is a voluntary, collaborative opportunity to address issues of possible bias, discrimination, harassment, or retaliation through a confidential non-investigative process, to build mutual understanding and promote healing.  Additional information about the Alternative Resolution process can be found on IDEAA’s website.

How do I file a complaint that someone has harassed me?

Any member of the University community who believes they have experienced discrimination or harassment in violation of the Harassment Policy, or who has questions concerning the Policy, may file a complaint with and/or contact the Office of Institutional Diversity, Equity, and Affirmative Action (“IDEAA”), which is tasked with upholding the University’s compliance with non-discrimination and equal opportunity laws. Georgetown’s compliance efforts in this regard are carried out in a manner consistent with the principles contained in the University’s Policy on Speech and Expression.

What happens when IDEAA receives a complaint that someone in the University community has violated the Harassment Policy?

Generally, IDEAA will offer to meet with the person(s) making the complaint and the person alleged to have engaged in the behavior to provide a general understanding of the relevant policies and procedures, as well as University support resources as appropriate (including any interim or supportive measures). Depending on the circumstances and the preference of the person making the complaint, IDEAA explores informal resolution, including mediation, on a voluntary basis, as a first step to resolve allegations or disputes. If both parties do not agree to participate in informal resolution, or if informal resolution fails to reach a mutually accepted resolution, IDEAA will inform the complainant about the option to move to the investigation stage of the formal process. Any formal complaint and investigation is subject to University policies providing all parties with notice, opportunity to respond, and other procedural safeguards and resources to ensure fair and accurate results. IDEAA’s website provides a description of its formal complaint process as well as answers to Frequently Asked Questions. Georgetown’s compliance efforts with regard to non-discrimination and equal opportunity laws are carried out in a manner consistent with the principles contained in the University’s Speech and Expression Policy.

Prior to starting an investigation, IDEAA assesses whether the allegations, if proven, would violate a policy within its purview (e.g., would constitute harassment or discrimination).  If IDEAA determines that the allegations would not violate a policy within its purview, IDEAA will not open an investigation. IDEAA may nonetheless provide support and resources, attempt to informally resolve the concerns by meeting with either or both parties, and/or refer the matter to another University office to address other concerns with regard to the conduct that are not of the type ordinarily handled by IDEAA (e.g., interpersonal workplace, professionalism, or other HR or student conduct matters).

IDEAA may also open an administrative review at any time, when it determines the need to review alleged discrimination, harassment, or retaliation. For example, IDEAA may choose to do so where an individual chooses not to file a formal complaint, but alleges serious misconduct which, if proven, could constitute a violation of a policy within its purview. 

What are my obligations if someone tells me about harassment occurring in a University program or activity?

Any faculty or staff member (other than those who are statutorily prohibited from reporting) who learns of conduct that may violate the Harassment Policy must contact IDEAA within 24 hours, or as soon as possible.

What do I do if I’m alleged to have engaged in harassment?

If you are formally alleged to have violated the University’s Harassment Policy, you may be contacted by IDEAA to discuss the process and options. Generally, this means you will receive notice of what you are alleged to have done and an opportunity to respond and, should both parties wish, the option to participate in an informal resolution process. IDEAA also provides both parties with information about University support resources as appropriate. In the event that a formal complaint moves forward and an investigation begins, you have the right to be accompanied by an advisor, respond in writing, and recommend any witnesses or other evidence be interviewed or reviewed by IDEAA. Your participation in this process is important to help IDEAA prepare a written report in a prompt and reasonable timeframe. Upon conclusion, you have the option to appeal.

The University prohibits retaliation, harassment, and other adverse action against an individual for making a complaint in good faith, assisting in an investigation, opposing harassment, or otherwise exercising rights protected by law. It also prohibits taking any adverse academic or employment-related action against an individual based on an unsubstantiated allegation or rumor of harassment. Engaging in retaliation may result in disciplinary action, including dismissal.

The University offers supportive resources to both complainants and respondents. Supportive measures vary depending on the parties and the specific circumstances; however, for employees, they generally may include counseling, modifications of work schedules, campus escort services, administrative leave, no contact orders, general safety planning, and other similar measures. You may direct questions to your IDEAA point of contact. Additional support contacts and resources for employees include:

• Employees:

• • Faculty and Staff Assistance Program

• • Faculty Ombuds (Main Campus)

• • Faculty Ombuds (Medical Center)

• • University Staff Ombuds Office

Do I have confidentiality obligations that might prevent me from speaking out about harassment or from defending myself if alleged to have violated a policy?

The University requires complainants, respondents, and witnesses who participate in IDEAA’s complaint process to maintain confidentiality due to the sensitive nature of grievances, consistent with applicable legal requirements. This expectation of confidentiality is not intended to preclude parties from speaking with an advisor or to restrict the ability of parties to gather and present relevant evidence. The University does not restrict the ability of either party in an investigation from discussing the allegations under investigation or to gather and present relevant evidence, as long as such conduct is not harassing or retaliatory; however, the investigation, investigative report, and proceedings are considered confidential.

What about issues of harassment in strictly academic areas?

While the standards for harassment are the same if the conduct occurs in academic areas, such as coursework, classrooms, study groups, or in student and faculty interactions, the matter is handled in consultation and coordination between IDEAA and the Executive Vice President or Dean of the faculty member’s school, because such matters may also concern issues of academic freedom.

What is academic freedom?

Georgetown’s Faculty Handbook states that “free inquiry and unconstrained publication of the results of inquiry are at the heart of a university.” Georgetown’s commitment to academic freedom supports all faculty (and professional librarians) in research, teaching, and professional service in and beyond the University by protecting free inquiry and free expression. Faculty members enjoy academic freedom in the classroom, the laboratory, the studio, the library, and all the domains of their academic activity. Academic freedom promotes intellectual honesty and requires respect for the academic rights of others.

How do Georgetown’s Policy on Speech and Expression and Harassment Policy impact academic freedom in the classroom?

Consistent with the Policy on Speech and Expression and academic freedom, faculty members have broad latitude and freedom to engage in all aspects of their academic activity inside the classroom and outside the classroom. However, the University has an obligation to maintain a harassment-free environment for all of its community, and faculty are prohibited from engaging in harassment, as defined by the University’s Policy Statement on Harassment. To the extent that issues of harassment are alleged to occur in strictly academic settings, the matter is typically handled in consultation and coordination between IDEAA and the Executive Vice President or Dean of the faculty member’s school.

Are there any limitations or rules about what a faculty member can and can’t say in the classroom? In research/writing? On their personal X (Twitter) page?

Generally speaking, faculty members enjoy academic freedom in all domains of their academic activity, including classroom teaching, research, and scholarship. To that end, academic freedom includes the faculty member’s right to freely evaluate student academic performance in their classes in a manner that is honest, fair, and without bias. According to the Faculty Handbook, among other responsibilities, faculty members must remain current in their subjects and courses, abide by professional standards, select the materials and approach in assigned courses, and foster free discussion, inquiry, and expression in the classroom while maintaining the course’s academic standards and objectives.  

The Faculty Handbook defines the rights and responsibilities of faculty including compliance with all applicable University policies, such as the Harassment Policy and others concerned with discrimination and misconduct. Faculty members may decide how best to teach their courses and carry out their scholarship, and may not engage in behavior that would violate University policy, including those with respect to faculty responsibilities and professional standards contained within the Faculty Handbook.

Consistent with Georgetown’s Policy on Speech and Expression, faculty members may not engage in speech that violates the law, falsely defames a specific individual, constitutes a genuine threat, violates the University’s Harassment Policy, or unjustifiably invades substantial privacy or confidentiality interests.

A faculty member has rights and responsibilities common to all citizens, free from institutional censorship. In furtherance of this principle, consistent with the Faculty Handbook, a faculty member may be held accountable by the University for their private acts, which could include behavior or speech in their personal capacity, only as they substantially affect teaching, research, or University service. A faculty member should not, however, speak or act for or on behalf of the University, or give the impression of doing so, unless appropriately authorized.

Are there any limitations about what a student can say in the classroom? Do faculty members have discretion to address disrespectful or offensive behavior in their classrooms?

Faculty members, by virtue of their status at the University, wield significant power and authority over their students, especially in the classroom. According to the Faculty Handbook, faculty are responsible for setting out in writing clear and appropriate expectations for students at the beginning of each course. Additionally, faculty members have the responsibility to foster free discussion, inquiry, and expression in the classroom while maintaining the course’s academic standards and objectives. 

To that end, faculty members have discretion in how best to manage their classrooms, which may include direct dialogue and discussion, and encouragement for students to engage respectfully with others. Ordinarily, students can express viewpoints without fear of censorship by the University (including faculty members); however, students who engage in disruptive or unprofessional behavior may be asked by their professor to engage more professionally and/or stop the behavior. Students who continue to engage in disruptive or unprofessional conduct may be asked to leave or referred to the Office of Student Conduct or other appropriate offices for additional consequences.

If a student engages in conduct that may violate the Harassment Policy, faculty members must report such behavior to IDEAA within 24 hours, or as soon as possible.

How can faculty members assess the academic quality of a student’s coursework and comments in the classroom without running afoul of the student’s right to express their opinions and viewpoints?

Academic freedom includes the faculty member’s right to evaluate student academic performance in their classes. A faculty member’s teaching responsibilities include providing grades in the manner and within the deadlines specified by the University Registrar, doing so honestly, fairly, and without bias, using appropriate criteria and following stated procedures. Generally speaking, making judgments regarding the academic quality of a student’s coursework and class participation, in accordance with the professional standards outlined in the Faculty Handbook, is a core responsibility of members of the faculty. 

Additionally, according to the Faculty Handbook, faculty members are responsible for fostering free discussion, inquiry, and expression in the classroom while maintaining the course’s academic standards and objectives. Generally speaking, faculty members are responsible for managing their classrooms, including determining who speaks and when they speak during a class session, in accordance with their faculty rights and responsibilities and the principles and standards outlined in Georgetown’s Policy on Speech and Expression and other policies.

This Q&A is intended to be helpful guidance for the Georgetown University community. This information does not constitute University policy or legal advice. Please refer to the applicable University policies for additional detail and clarification.