Rights of Student Groups on College Universities

Rights of student groups on university and college campuses have been a point of contention since Students for a Democratic Society (SDS), the Berkeley Free Speech Movement and other political youth organizations of the 1960s. Like all U.S. citizens, students enjoy certain constitutional rights. However, membership in the academic community subjects them to another set of rules as determined by university leaders.
  1. Gay Rights

    • Tolerance of gays and lesbians has steadily increased in the United States over the past half-century. For instance, they can serve openly in the military as of 2011. However, evangelical Christian universities that regard same-sex relations as a sin may enforce prohibitions against "homosexual behavior." Students at North Central University in Minneapolis have been suspended or expelled as a result of gay advocacy or behavior. Further, universities reserve the right to ban student groups that advocate gay rights.

    Freedom of Speech

    • Universities are predicated upon the principle of free speech in the pursuit of knowledge. However, many campuses developed "hate speech" and "verbal harassment" codes in the 80s and 90s that banned certain forms of disparaging remarks against races, religions and sexual orientations. While these rules vary from campus to campus, universities reserve the right to regulate speech. However, courts may overrule these codes. For instance, a U.S. district judge struck down a policy at the University of Houston that gave administrators "unfettered discretion" in banning off-campus demonstrations by an anti-abortion group.

    Demonstrations

    • College groups may demonstrate for causes within limits specified by the university administration. As noted previously, demonstrations that entail hate speech or gay rights may be prohibited at the university's discretion. Further, demonstrations that disrupt the everyday functioning of the school are usually prohibited. For instance, students may not stage a sit-in at the president's office or block an entrance to a building. Physical threats or violence may be subject to both university and governmental laws.

    Disciplinary Hearings

    • A student accused of misconduct by a university judicial council may not enjoy the same rights accorded to him in a governmental court of law. For instance, the right to counsel, grounds for appeal or admissibility of hearsay do not need to conform to constitutional law. As a result, a student may be found guilty by a university court and may be exonerated in a criminal court.

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