AMENDMENT: Freedom of Expression Policy
AMENDMENT: Statement on Freedom of Expression on Campus
Wilmington University School of Law (“WilmU Law” or the “School of Law”), as an essential corollary to Wilmington University’s longstanding policies advancing academic freedom,[1] has a commitment to freedom of speech and expression.
A review of the University of Chicago’s 2015 “Report on the Committee of Freedom of Expression” (“The Chicago Statement”)[2] has determined that WilmU Law’s core values are aligned and consistent with The Chicago Statement. Therefore, after consultation with and having received the recommendation of the faculty and student leadership, WilmU Law formally adopts the principles set forth in the Chicago Statement, subject to further institution-specific enhancement or explanation, as set forth below in this Statement.
General Policy Statement
As a concomitant to WilmU Law’s commitment to free and open inquiry in all matters of academic study, the School of Law affords all members of the WilmU Law community the broadest possible latitude to speak, write, listen, challenge, and learn. Except insofar as limitations on that freedom of expression are necessary to the functioning of the School of Law as hereinafter set forth, WilmU Law fully respects and supports the freedom of all members of the WilmU Law community to discuss any problem or issue that presents itself without regard to the sensitivity of the topic or the popularity of the speaker’s point of view. It is the School of Law’s expectation that every member of its academic community will from time to time be confronted with ideas and views that differ from their own, and that they will seek out such encounters regardless of how uncomfortable those encounters may be.
Lawful and peaceable public demonstrations are also permitted by the Wilmington University and the School of Law and are protected by the law without regard to the point of view being expressed. Members of the Law School community are free to organize, debate, pass resolutions, distribute leaflets, circulate petitions, picket, and otherwise express themselves regarding issues of political, economic, and social interest or concern.
As a corollary to WilmU’s commitment to protect and promote free expression, members of the University community must also respect the principle of free expression. This means that while members of the University community are free to criticize and contest the views expressed on campus, and to criticize and contest outside speakers who are invited to express their views on campus, members of the University may not obstruct or interfere with the freedom of others to express their views, even though some University members may find such views or positions offensive. Furthermore, no individual or group of individuals may impede the movement of others in any way. Correspondingly, to this end, the University’s responsibility to promote a lively and fearless freedom of debate and deliberation, also includes a duty to protect that freedom when others attempt to restrict it.
Scope of the Policy
This Policy applies to all WilmU Law students, student groups, faculty, and staff.
WilmU’s Law commitment to free expression does not extend to speech or conduct that violates the law or other University or School of Law policy, including trespass and targeted speech that constitutes bullying, defamation, destruction of property, discrimination, harassment, violence, or threats. Further, WilmU Law may reasonably regulate the time, place, and manner of expression to ensure that it does not disrupt the School of Law or the University’s ordinary activities.
In addition to the foregoing, nothing in this Policy shall be construed as: (i) restricting or impairing WilmU Law or Wilmington University’s obligations under State and federal law; or (ii) prohibiting content-based restrictions on speech that are reasonably related to a legitimate pedagogical purpose, such as classroom rules established by teachers. Further WilmU Law or Wilmington University may restrict expression that violates the law, that falsely defames a specific individual, that constitutes a genuine threat or harassment, or that unjustifiably invades substantial privacy or confidentiality interests.
These limitations on the general principle of freedom of expression are to be narrowly construed, and it is of utmost importance that such exceptions are not used pretextually or in a manner that is inconsistent with WilmU Law’s commitment to a completely free and open discussion of ideas.
Procedures for Addressing Alleged Violations
Any student, student group, faculty member, or staff member may submit a complaint about an alleged violation of this Policy. The process for reviewing complaints shall include an investigation of the alleged violation and a determination under applicable grievance procedures relating to students, faculty, and staff, respectively. regarding the alleged violation if such investigation determines that there is a substantial question of violation.
For students, this Policy is adopted by and published in the School of Law Academic Handbook as an amendment to the School of Law Honor Code, which consists of the Wilmington University Code of Conduct together with amendments adopted by the School of Law. The School of Law Honor Code sets out the procedures for adjudication of Law School Honor Code matters. While these procedures differ in some respects from the procedures employed in the other schools of the University, the essential policies, standards and basic objectives of the Honor Code and the University Code of Conduct are entirely consistent.
For faculty and staff, this Policy and the Academic Freedom Policy are adopted by and published in the School of Law Faculty Handbook. Both policies encourage and support the free expression of ideas in faculty dialogue, research, and scholarship.
For faculty and staff, the University problem resolution process is followed for the investigation and review of all complaints surrounding all non-tenure and non-promotion problems. Concerns about the free expression of ideas should be brought to the attention of their supervisor first. If the problem is not resolved at the employee and supervisor level, or if the problem involves their supervisor, employees may present their concern to the Dean. If a satisfactory resolution cannot be reached, the employee may schedule time with the Human Resources Department to present their concerns.
Complaints of alleged violations of this Policy may be made anonymously. However, the complainant should understand (i) that this may limit the School of Law’s ability to conduct and complete an investigation; and (ii) that the School of Law may conduct an investigation based on the information in the anonymous complaint and that, during the course of any investigation, it may be possible for some individuals who are interviewed to determine the identity of the complainant.
Voted and Approved April 10, 2025 by the School of Law Faculty.
[1] Section 3.7.1 of the University Faculty Handbook provides:
Wilmington University affirms and is guided by the ideal that all members of the faculty are entitled to academic freedom as set forth in the 1940 “Statement of Principles on Academic Freedom and Tenure” jointly formulated by the Association of American Colleges and the American Association of University Professors.
This freedom applies to both teaching and research activities, and applies to all faculty members regardless of rank or status. Effective as of the 2023-24 academic year the School of Law incorporated by reference this policy into the Law School Faculty Handbook.
[2] The Chicago Statement can be found at: https://provost.uchicago.edu/sites/default/files/documents/reports/FOECommitteeReport.pdf,