The examples below are illustrative only. Every situation depends on its individual facts and context.
The purpose of these examples is to help explain how the University may distinguish between lawful freedom of speech, robust debate, and behaviour that may constitute harassment or misconduct.
Example 1: Expressing a Controversial Opinion
Scenario
A student expresses a controversial political opinion during a seminar. Several other students strongly disagree and find the opinion offensive.
Likely Outcome
Freedom of Speech
The expression of a lawful opinion, even where others strongly disagree or find it offensive, will not normally amount to harassment.
Universities are places where ideas should be explored, debated and challenged.
Example 2: Challenging Someone's Views
Scenario
During a lecture, students challenge another student's views and engage in a robust discussion. The debate becomes passionate but remains respectful.
Likely Outcome
Freedom of Speech and Academic Debate
Strong disagreement and challenge are a normal part of higher education.
Provided discussion remains respectful and does not become abusive or targeted, this would generally fall within lawful debate.
Example 3: Repeated Targeting of an Individual
Scenario
A student repeatedly singles out another student during seminars, mocks their religious beliefs and encourages others to ridicule them.
Likely Outcome
Potential Harassment
The issue here is not the expression of an opinion but the repeated and targeted conduct directed at an individual.
This may amount to harassment and would likely require further consideration.
Example 4: Academic Discussion of Sensitive Topics
Scenario
A lecturer teaches material covering terrorism, extremism, religion, sexual behaviour or controversial historical events as part of a legitimate academic programme.
Likely Outcome
Academic Freedom
Universities have a responsibility to explore difficult and sensitive topics.
Exposure to challenging ideas does not in itself constitute harassment.
Example 5: Offensive Language Directed at a Person
Scenario
A member of staff repeatedly uses derogatory language towards a colleague because of their race, disability, religion, sexual orientation or another protected characteristic.
Likely Outcome
Potential Harassment and Discrimination
Freedom of speech does not protect targeted, abusive conduct towards individuals.
This behaviour may breach University policies and relevant legislation.
Example 6: Lawful Protest
Scenario
Students organise a peaceful protest regarding a political issue and express strong views about a government policy.
Likely Outcome
Freedom of Speech
Peaceful protest and lawful expression of opinion are important aspects of freedom of speech.
The fact that others disagree does not automatically justify restricting such activity.
Example 7: Preventing Others From Speaking
Scenario
A group of students repeatedly disrupts an event so that a speaker cannot continue or audience members cannot hear what is being said.
Likely Outcome
Potential Freedom of Speech Concern
Individuals have the right to protest, but others also have the right to hear lawful speech.
The University may need to balance competing rights in such circumstances.
Example 8: Social Media Disagreement
Scenario
Two students disagree on social media about a current issue and exchange opposing views.
Likely Outcome
Usually, Freedom of Speech
Disagreement alone would not normally amount to harassment.
However, behaviour may require further consideration if it becomes threatening, abusive, targeted or persistent.
Example 9: Persistent Online Abuse
Scenario
A member of staff receives repeated hostile messages online from another member of the University community, including insults, intimidation and personal attacks.
Likely Outcome
Potential Harassment
Repeated unwanted conduct directed at an individual may amount to harassment regardless of whether it occurs in person or online.
Example 10: Discussion of Religious Beliefs
Scenario
A student expresses their religious beliefs during a discussion and explains how those beliefs influence their views.
Likely Outcome
Freedom of Speech and Freedom of Religion
Individuals are entitled to express lawful religious beliefs.
Others may disagree with those beliefs, but disagreement alone does not constitute harassment.
Example 11: Discussion of Gender, Sex or Identity
Scenario
Students engage in a respectful discussion about gender identity, sex-based rights or related public policy issues.
Likely Outcome
Freedom of Speech and Academic Debate
Discussion of lawful viewpoints on matters of public interest will normally fall within freedom of speech protections.
The key consideration is whether the discussion remains respectful and does not become targeted harassment.
Example 12: Threats or Intimidation
Scenario
A student threatens another individual because of their views and states that they will face consequences if they continue to express them.
Likely Outcome
Potential Misconduct and Safeguarding Concern
Threats, intimidation and coercive behaviour are not protected by freedom of speech principles and may require intervention.
Remember
Freedom of speech protects the lawful expression of ideas, beliefs and opinions.
It does not provide a right to:
- harass others
- threaten others
- intimidate others
- discriminate unlawfully
- engage in abusive conduct
Similarly, disagreement, challenge or offence does not automatically mean harassment has occurred.
The University will consider each situation individually, balancing freedom of speech, academic freedom, dignity, inclusion, equality and safeguarding responsibilities.