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The Alexander Blewett III School of Law (the “School of Law”) is governed by the Faculty Handbook (“FH”), the University of Montana’s (the “University”) policies and procedures, and the Montana University System (“MUS”) policies and procedures for academic freedom. In particular, FH 11-401.8 and MUS Policy 302 are relevant to the School of Law’s academic freedom policy.
The School of Law has “the responsibility to maintain an atmosphere of freedom and tolerance in which knowledge and opinions can be sought and shared without hindrance. Academic freedom extends to all professors, including faculty, adjunct faculty, and all other teachers, when conducting research, publishing scholarship, engaging in law school governance, participating in law-related public service activities, curating library collections and providing information services, and exercising teaching responsibilities, including those related to client representation in a clinical program.” FH 11-401.8. All School of Law employees, including those without faculty status, are protected by academic freedom when they engage in the above activities.
The School of Law accords due process for the claims asserting violations of Academic freedom. The process for termination of full-time faculty with tenure and those who are on the tenure track is controlled by MUS Policy 710.2.2. For denial of promotion or tenure, a faculty member “may appeal, within five working days, to the full faculty for a recommendation different from that of the Promotion and Tenure Committee.” FH 11-401.6 For lesser sanctions or adverse actions against non-faculty, University Policy 718 provides the required procedure and due process guarantees.
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The Alexander Blewett III School of Law (the “School of Law”) is governed by the University of Montana’s (the “University”) policies and procedures for free speech and freedom of expression. “The University of Montana is committed to free and open inquiry and discussion of all matters. The free and unfettered exchange of diverse viewpoints is essential to the University’s mission. The University of Montana respects and supports the freedom of all members of the University community and the public to express their views on campus in a manner that ensures the functioning of the University. The University will protect the exercise of these rights from disruption or interference.” University Policy 250.
It is a violation of the School of Law’s Student Handbook (“SH”) Honor Code and the Faculty Handbook (“FH”) for students or faculty to substantially interfere with law school functions or approved activities through disruptive conduct that makes it impracticable or unsafe to continue the function or activity. SH 2-701, FH 11-601. Disruptive conduct includes, but is not limited to:
1) Use of amplification systems on the campus outside of University buildings, except with the written permission of Event Services.
2) Failure to comply with directions of university officials acting in the performance of their duties.
3) Failure to comply with any authorized Student Code of Conduct sanction(s)/condition(s).
4) Causing, inciting, or participating in any disturbance that presents a clear and present danger to self or others, causes physical harm to others, or damage and/or destruction of property on University premises.
Student Code of Conduct Art. V(G)(3)
Furthermore, the School of Law cannot cancel events involving invited speakers based solely on the grounds that it is likely to cause controversy or a hostile response. If it is determined that there is a serious threat to public safety, an event may be cancelled. UM’s Commitment to Free Speech.
The School of Law further adheres to the University of Montana’s Procedure for Facilities Use and Access Policy and the Student Code of Conduct that set forth reasonable and content-neutral time, place, and manner restrictions on expressive activity and the use of facilities. This includes expressive conduct that violates federal, state, or local laws, expressive conduct that constitutes a threat, and expressive conduct that constitutes harassment. Student Code of Conduct Art. V(G)(2), (V)(C)(2), (V)(B)(1).
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