Student Rights: From the Classroom to the Quad

8/14/2019 Student Rights: From the Classroom to the Quad

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STUDENT RIGHTSFROM THE CLASSROOM

TO THE QUAD

STUDENT GOVERNMENT

AMERICAN UNIVERSITYStudent Rights Project Team

Patrick Kelly, Presiden

Samantha Turetsky, Cha


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CONTENTS

LETTER FROM THE TEAM 3

THE STATUS QUO 4

STUDENT RIGHTS FRAMEWORK 5

Free Expression 5

Due Process 8

Equal Accessibility On-Campus 10

Meaningful Student Voice 12

STUDENT RESPONSIBILITIES 14

RECOMMENDATIONS 15

REFERENCES 16


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LETTER FROM THE TEAM

To the American University Campus Community:

We are pleased to present this report, Student Rights from the Classroom to the Quad, which

outlines the research and recommendations of Student Governments Student Rights Project

Team.

Over the past few years, students have become increasingly aware of student voice and student

rights on campus, from concerns about limiting free expression on-campus to student input on

major University decisions like the Tobacco Free AU project. It is clear that students at American

University are passionate about being engaged and heard in policy discussions.

In our review of the student rights policies at American University and of those of its peers, we

have discovered that American University lacks a policy for addressing the issue of student

rights. Though student rights are protected by a range of University policies from the FreeExpression Guidelines to the Code of Conduct they are not centralized in a way that students

can readily access and understand, without reading volumes of University policy. A standard,

centralized policy would reafrm American Universitys commitment to student rights and place

American University rmly among the leaders in higher education on the issue.

We have examined student rights through the lenses of expression, disciplinary, and accessibility

policies. In these areas, American University has taken major steps forward to protect students.

There remains, however, a need to assert the student rights that underlie these provisions in a

single policy that lays out the protections and responsibilities afforded to students.

Therefore, we recommend that American University adopt a Statement of Student Rights and

Responsibilities as an ofcial University policy, protecting:

Free expression, in academic and personal settings on campus;

Due process, when disciplinary measures are on the line;

Accessibility, for all members of our campus community; and

Meaningful student voice in all University decisions.

We recommend that the University develop the Statement through a collaborative process that

includes all major stakeholders: faculty, administrators, and students.

Respectfully,

Student Rights Project Team

Samantha Turetsky, Chair, Director of Student Rights

Patrick Kelly, President of the Student Government

Nicole Bubnoski, Deputy Director of Student Rights

Fiona Erickson, Director of Student Voice

Adam Garret, Director of Student Advocacy Center

Joe Ste.Marie, Director of Academics and University Affairs


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THE STATUS QUO

Although American University already outlines policies for important

areas such as due process, accessibility, and many others, there is

no policy or procedure to explicitly guarantee or protect the premise

of student rights. In total, the existing policies and procedures add up

to dozens of pages of reading for students in uninviting and legalistic

language. There is no single document that guarantees student rights

that students can turn to when they want to identify and understand

their rights. The University needs a policy that sets a standard for the

rights and responsibilities of students within the American University

community.

Perhaps this complicated array of policies explains the frequent lack

of understanding and frustration with student rights at AmericanUniversity. Nearly half of students (47%) say they disapprove of the

way American University handles student rights.1They frequently cite

confusions with policy and a lack of formalized rights. One student

told us that she disapproved because there is no student protection

in the form of a Bill of Rights.

Student rights are a mission critical for American University. The

American Association of University Professors2developed a statement

on Student Rights that highlighted, The responsibility to secure and

to respect general conditions conducive to the freedom to learn isshared by all members of the academic community. Each college and

university has a duty to develop policies and procedures that provide

and safeguard this freedom...with the broadest possible participation

of the members of the academic community.3American Universitys

purpose is to train the next generation of leaders, but it cannot

do that without safeguarding student freedoms. Students cannot

develop critical thinking and sound judgment without free expression

to discover and debate new perspectives, equal access to the best

available educational resources, due process to be treated fairly, and

inuence in University decision making to shape the character anddirection of the institution, where they are all stakeholders.

1 These numbers come from the Student Rights Survey conducted by

AUSG in July 2013. For full data, see Appendix A.

2 The American Association of University Professors (AAUP) has a mission

to advance academic freedom and shared governance, to dene fundamental

professional values and standards for higher education, and to ensure higher

educations contribution to the common good. See American Association of

University Professors, Mission & Description.

3 Joint Statement on Student Rights and Freedoms, (American

Association of University Professors, 1992).

THERE IS NO SINGLEDOCUMENT THAT

GUARANTEESSTUDENT RIGHTS.


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STUDENT RIGHTS FRAMEWORK

In our research, we examined student rights based on free expression,

due process, equal accessibility, and student voice. This framework

represents the diversity and breadth of student rights policy and covers

the range of University issues that pertain to student rights. Together,

they create a mold for a comprehensive student rights policy, based

on our existing policies and the best practices of our peer institutions.

Our peer institution list is identical to the one the University uses during

the University budget cycle discussion. Out of the 79 institutions

reviewed, 16 out of 79 have a Statements of Student Rights as policy.

8 of the 53 private schools have a Statement of Student Rights.

FREE EXPRESSION

For our research, we dened free expression with ve sub-categories,

which are: the right to assembly, the right to question (policies and/or

professors), the right to express unpopular ideas, the right to disagree

with professors, and the right to academic freedom. Although these

categories are not exhaustive to all protections under free expression,

combined they set forth a strong measurement for free expression on

campus.

It is imperative that American University protects free expression rights

with a Statement of Student Rights and Responsibilities, because

not only is it integral to any community, but it is especially important

in academic ones, that depend on the free ow of information and

diverse viewpoints.

One of American Universitys greatest attributes is the quality of

campus dialogue about on-campus issues and beyond. It is essential

that free expression rights for students are adequately protected

and explained so that every student feels comfortable voicing his orher opinion, even when that opinion differs with the administration,

faculty, or staff.

Freedom of expression is so fundamental to the academic enterprise

that it is at the heart of AAUPs Joint Statement on Rights and

Responsibilities of Students: Academic institutions exist for the

transmission of knowledge, the pursuit of truth, the development of

students, and the general well-being of society. Free inquiry and free

IT IS IMPERATIVE

THAT AMERICANUNIVERSITY

PROTECTS FREEEXPRESSION

RIGHTS.


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expression are indispensable to the attainment of these goals.4As

AAUP suggests, this freedom cannot simply cover speech within the

classroom. It extends across the entire campus, protecting groups

and individual students alike.

Free expression at American University is regulated according to

the Freedom of Expression Guidelines, which outlines the rights and

obligations of students when it comes to free speech. The policy

specically protects expressions of dissent, except under particular

circumstances that are written out in the Freedom of Expression

Guideline. It is noteworthy that American University explicitly protects

dissent from students and student groups. The clear protection

of dissent is vital to foster strong campus dialogue on universityissues. While it is encouraging that American University policy and

implementation covers assent and dissent, it is never explicitly

presented nor is it easily accessible to students. Due to the lack of

explicit presentation of this policy, many students are unaware of their

right to share dissenting opinions.

The Foundation for Individual Rights in Education (FIRE)5expresses

the importance of strong protections for free expression, asserting

an institution of higher education should facilitate the free and open

exchange of ideas.6

They argue that Universities should focus onreasonable expectations that reconcile conicting policies when

setting and enforcing policies that limit free expression.

We are proud to attend an institution that has made a concerted

effort to protect students free inquiry and expression. Despite this

the Foundation for Individual Rights in Education gives American

University a red rating (which means, the university has at least

one policy that both clearly and substantially restricts freedom of

speech) for having an overbroad denition of harassment that

might restrict some speech. We are proud, however, that FIRE givesAmerican Universitys Freedom of Expression Guidelines a green

rating (which indicates that there are no serious threats to students

4 Joint Statement on Student Rights and Freedoms.

5 The Foundation for Individual Rights in Education (FIRE) is an

organization that was founded in response to pleas for help from members

of US college campuses in regards to illiberal policies and double standards

that violated their rights and intruded upon their private consciences. FIRE

also researches and writes about policies on campuses across America. See

Mission, Foundation for Individual Rights in Education.

6 Kelly Sarabyn, Free Speech at Private Universities, (Foundation for

Individual Rights in Education, 2010), 145.

THE CLEARPROTECTION OF

DISSENT IS VITALTO FOSTER STRONG

CAMPUS DIALOGUE.


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free speech rights in [University] policies).7

Free Expression at Peer Institutions

Out of the peer institutions with a Statement of Student Rights, 14/16

schools protect free expression (8/16 private schools). Among them,

a few stand out for their excellence in protecting student expression.

For example, Syracuse University has a concise, yet clear denition

that balances the rights and obligations students have when it comes

to free expression: students have the right to express themselves

freely on any subject provided they do so in a manner that does not

violate the Code of Student Conduct. Students, in turn, have the

responsibility to respect the rights of all members of the Universityto exercise these freedoms.8 Syracuse Universitys Statement

of Student Rights also protects non-discrimination, assembly/

protest, religion/association, and academic pursuits. This holistic

approach should be emulated because it allows both students and

administration to have a clear understanding of the rights afforded to

campus stakeholders when it comes to the expression of ideas on

vital campus issues.

George Washington University (GW) protects free expression in a

way that covers each of our qualifying categories for free expression.GWs Guide to Student Rights Preamble beings with, Free inquiry

and free expression are indispensable to the attainment of these

[the transmission of knowledge, the pursuit of truth, the development

of students, and the general well being of society] goals,9 which

exemplies GWs commitment to free expression. Under Basic

Assumptions it reads, Student organizations and individual students

shall be free to examine and to discuss all questions of interest to

them and to express opinions publicly and privately.10

George Washington and American University both offer twoparticularly enticing student rights. The rst protects students from

being discriminated against because of membership in any student

organization. The second provides students a way to allege instances

of arbitrary and capricious academic evaluation in the classroom.

7 American University, Foundation for Individual Rights in Education.

8 Statement of Student Rights and Responsibilities, Syracuse University.

9 Guide to Student Rights and Responsibilities 2011-2012, (George

Washington University).

10 Ibid.

14 of 16 peer institutions withStatements of Student Rights

protect free expression.


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This allows students the right to seek guidance and help when they

feel their professor is creating a class environment, and learning

experience, that is under par with the excellence of the education

expected at American University. American University does protect

these right in the Policy of Student Academic Grievances but, this

policy is not listed under the Policies section of the American

University website and has to be looked up separately. To protect

student rights further, American University should make this policy

more accessible by including it in the formalized list of policies, such

as a Statement of Student Rights and Responsibilities.

AU Student Attitudes on Free Expression

Generally speaking, students believe that free expression is wel

protected at American University, with 76% who say, American

University guarantees students free expression in and outside the

classroom. Students are satised with the protections the University

has enacted for free expression and believe that the University remains

committed to enforcing them. It remains a top concern, however, for

the half of students who say that American University doesnt protect

student rights. These students believe that AUs speech policies

restrict free speech and that students are not afforded full freedom

of speech.

DUE PROCESS

American University has a strong commitment to due process

regarding alleged academic and conduct violations. While student

rights concerning due process and procedures for resolving alleged

violations are outlined in the Student Conduct and Academic

Integrity Codes, consolidating this information into one documentwould raise student awareness. A Statement of Student Rights and

Responsibilities would explicitly outline the protections afforded to

students.

In our research, we dened due process by ve sub-categories: the

right to be notied of pending Student Conduct or Academic Integrity

(AIC) violations, the right to an advisor during Student Conduct and

AIC proceedings, the right to present witnesses and evidence, the

right to appeal, as stipulated by the Student Conduct and Academic

American University

guarantees students free

expression in and outside theclassroom.

76%agree

24% disagree


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Integrity Codes, and the right to be considered not responsible until

found responsible. These sub-categories provide protections for

students who are facing Student Conduct and/or AIC violations that

can have a serious and life-altering effect on their futures. American

University offers ten due process protections under the Rights and

Responsibilities sections of the Student Conduct Code. The purpose

of the ve sub-categories was to create a non-exhaustive list of strong

due process characteristics to analyze the strength of due process

at peer institutions. Our proposed Statement of Student Rights and

Responsibilities would not be limited to the ve categories used for

purposes of research, but would encompass all of the due process

rights currently afforded to students.

AAUP specically outlines several measures designed to protect

due process in disciplinary matters. The AAUP Joint Statement

acknowledges that it is essential to to protect the student from the

unfair imposition of serious penalties.11Disciplinary proceedings play

an important role in the development of student conduct, but they must

be fair in order to do so. While the phrase due process originates

in legal parlance, it simply refers to necessary protections to ensure

that students are not wrongly found responsible for violations they did

not commit. When students due process rights are fully protected,

students who break the rules can be appropriately found responsible,while the burden of proof lies with the University.

The Student Conduct Code and the Academic Integrity Code are the

main guides for prohibited actions. In these codes, students are made

aware of procedures and protections. The Student Conduct Code

explicitly outlines ten procedural protections for students accused of a

disciplinary violation. The Student Conduct Code also lists prohibited

conduct in an easily understandable way. If the University laid out all

policies in such an explicit and concise way, students would be more

aware of them since they would be more inclined to invest time toread one document. Since ignorance of a rule or regulation will not

be acceptable reason to nd a student not responsible it is important

that the University take the necessary steps to streamline main policy

points in a Statement of Student Rights and Responsibilities.12

Due Process at Peer Institutions


12 Student Conduct Code 2012-2013, (American University, 2013).


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Of the peer institutions found to have a Statement of Student Rights

13/16 protect some, or all, of the sub-categories mentioned above in a

Statement of Student Rights. George Washington Universitys Guide

to Student Rights and Responsibilities is highly impressive due to its

immense topic coverage and easy to follow layout on due process. In

their guide, it denes both violations and disciplinary actions and lists

the usual punishments for different violations. Having this information

gathered in a centralized place is important for students to know and

be able to easily understand. George Washingtons Guide is a strong

example of how due process can be streamlined with a Statement of

Student Rights and Responsibilities.13

James Madison University (JMU) has a clear and easy to follow guidefor the rights afforded to students when they are accused of violating

University policy, which would be benecial for American University

to add in a Statement of Student Rights and Responsibilities.14

AU Student Attitudes on Due Process

Students are overwhelmingly supportive of the way the University

currently handles disciplinary rights. More than eight out of ten

(25% strongly agree, 58% somewhat agree) students agree

that American University guarantees students due process duringdisciplinary proceedings. This result may be due to the explicit

elaboration of student rights in the Student Code Conduct. However

we found that for some students, the judicial process was found as

unfair, [where] students are given few options and their rights are

never clearly stated. We also found that some students describe

proceedings as complicated, despite the Universitys effort to

simplify and explain the Student Code of Conduct. In order to increase

students awareness of all policies on campus, including students

due process rights, American University should streamline policy in

a Statement of Student Rights and Responsibilities that mirrors the

outline of the Student Conduct Code in regards to the section on

Student Rights and Responsibilities.

EQUAL ACCESSIBILITY ON CAMPUS

13 Guide to Student Rights and Responsibilities 2011-2012.

14 Students Rights and Responsibilities, James Madison University.

25%strongly

agree

13%somewhat

disagree4%strongly

disagree

58%somewhat

agree

American University

guarantees students due

process during disciplinary

proceedings.


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For our purpose, accessibility focuses on two distinct but important

topics. First, it focuses on the ability of disabled students to access

classrooms and have the resources they need to succeed. Second,

and more broadly, it focuses on every students right to have access

to educational resources and support, various services provided by

the University, and the ability to freely join organizations on campus.

American University has a strong commitment to accessibility on

campus and a required commitment due to the Americans with

Disabilities Act but it needs to be solidied in a written statement to

protect students.

Academic institutions undoubtedly benet from a diversity of

experiences and perspectives. Every member of the Universitycommunity should have access to the appropriate resources. AAUP

argues, the facilities and services of a college or university should be

open to all of its enrolled students, and institutions should use their

inuence to secure equal access for all students to public facilities in

the local community.15This standard ensures that all students can

access the resources they need to learn and be productive members

of the University community. American University prides itself on the

commitment it has made to student services and in order to fulll

that promise, American University must guarantee equal access to

campus services and resources and create equal accessibility tocampus organizations and clubs.

American University does not have a specic policy on accessibility

for students with disabilities since it must comply with the Americans

with Disabilities Act. Similarly, American University does not have

a specic policy on accessibility to campus services, resources, or

organizations for all members of the campus community to follow.

Although it is widely known that American University is dedicated to

meeting the accessibility needs of disabled students, the University

should explicitly pledge the right to have campus services, resources,and organizations accessible to all students, disabled and able-

bodied alike, in a Statement of Student Rights and Responsibilities.

Accessibility at Peer Institutions

Most peer institutions that we researched, handle student accessibility

in the same way as American University. However, as a University


EVERY MEMBER OF

THE UNIVERSITYCOMMUNITY SHOULD

HAVE ACCESS TOTHE APPROPRIATE

RESOURCES.


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that strives to be at the forefront of inclusion, we should move from

the status quo of implicit knowledge and turn to explicit protections of

accessibility via a Statement of Student Rights and Responsibilities.

AU Student Attitudes on Accessibility

American University students remain satised with the way that the

University handles equal accessibility issues. Fully 83% of students

say, American University protects equal accessibility for all members

of the campus community. While students overwhelmingly believe

that this is an area of strength for the institution, they also told us that

continuing to invest in making the campus accessible for all students

is a top priority.

MEANINGFUL STUDENT VOICE

Over the past few years, American University students have

increasingly raised concern over university issues. Although

administration usually invites some level of student participation, it

is evident that students want their voices to be heard wholly, instead

of through just one or two representatives. A Statement of Student

Rights and Responsibilities would guarantee students a seat at the

negotiating or task force table.

AAUP argues for a similar standard of student input on University

decisions: students should be free, individually and collectively, to

express their views on issues of institutional policy and on matters of

general interest to the student body. The student body should have

clearly dened means to participate in the formulation and application

of institutional policy affecting academic and student affairs.16The

AAUP Statement sees students as key stakeholders in University

policy and highlights the need for student representation in the

development of policies that govern students.

Student voice in University decisions is usually considered through the

appointment of students to relevant committees and project teams

This administration, in particular, has made a laudable effort to include

students in policy development. While student voice has become an

important part of the normal means of policy development, few, if

any, formal protections exist. In other words, students have been16 Joint Statement on Student Rights and Freedoms.

A STATEMENT OF

STUDENT RIGHTSWOULD GUARANTEE

STUDENTS A SEAT

AT THE NEGOTIATINGTABLE.


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consulted on all major policy changes in recent memory, but only

by the administrations choice, not because of a University policy

protecting student voice.

Some measures to guarantee student voice have been taken. For

example, the appointment of students to Faculty Senate committees is

covered by the Faculty Senates bylaws.17Student input is mentioned

in some policy development procedures, but not the Policy on

Policies itself. At American University, there remains no provision that

guarantees students a place at the table to express their concerns on

University policy.

Student Voice at Peer Institutions

Student voice is a unique characteristic of each campus community,

shaped by the students who chose to attend that specic University.

Due to the unique nature of student voice, it is impractical to compare

American Universitys student voice to the student voice of our

peer institutions. Although comparable in a multitude of categories,

the areas and issues American University students care about are

exclusive to our community and cannot be ranked or matched to any

other school.

AU Student Attitudes on Student Voice

Although students are generally satised with the way the University

addresses expression, due process, and accessibility, they remain

unconvinced that their voice is considered in University decision-

making. Half of students (49%) disagree that American University

generally takes student opinion into account. Only 11% strongly

agree, by far the lowest of all the statements that we tested.

Among the half of students (47%) who disapprove of the way thatAmerican University handles student rights, student voice in University

decision-making is overwhelmingly the most driving reason. To

students, student voice at the University policy level is the top student

rights concern. Students say that the University often treats students

in a patronizing way when it comes to University decisions. Some

students even said that there is a consistent disregard for issues

that are important to students. Student voice remains the most

pressing rights concern for students and any comprehensive rights-17 Bylaws, (American University Faculty Senate, 2012).

49%disagree

51%agree

American University generally

takes student opinion into

account.


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policy needs to protect, in some capacity, student voice in University

decisions.

STUDENT RESPONSIBILITIES

It is imperative that the relationship between students, administration

and other stakeholders is mutually benecial. If students hold

the administration to a higher standard of student rights, then the

administration has the right to expect certain responsibilities from

students. This two-way relationship will ensure a higher standard of

respect and security at American University.


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RECOMMENDATIONS

Based on industry best practices and widespread student demand,

we recommend that American University formally adopt a Statement

of Student Rights and Responsibilities that protects free expression

in academic and personal settings on campus, due process in times

when disciplinary measures are on the line, and accessibility for all

members of our campus community along with meaningful student

voice in all University decisions. Students overwhelmingly support

a Statement of Student Rights and Responsibilities with nine out of

ten students supporting the measure. This statement would not have

to be completely exhaustive, but would give students a fundamental

understanding of their rights and obligations at the University.

It is clear that American University has made a strong commitment tovarious student rights, and students are fully aware of that commitment.

However, these rights are not explicitly stated in one simple document

that students can easily comprehend. It is imperative that the

University adopts a Statement of Student Rights and Responsibilities

to show students that the administration is seriously committed to

protecting these rights across a broad spectrum of policy issues.

As the deliberations and development of many recent University

policies - especially the University Budget and Tobacco Free Policy

- show, this University remains devoted to developing policies thatcarefully consider and respect student rights. Until the University

adopts a standard for these rights, however, students will not have any

codied rights - only the often confusing and contradictory privileges

guaranteed by dozens of University policies.

We further recommend that the University develop the Statement

through a collaborative process including all major stakeholders:

faculty, staff, administrators, and students.

WE RECOMMEND

THAT AMERICANUNIVERSITY

FORMALLY ADOPTA STATEMENT

OF STUDENTRIGHTS AND

RESPONSIBILITIES


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REFERENCES

American Association of University Professors. Mission & Description.

American University. Foundation for Individual Rights in Education.

Bylaws. American University Faculty Senate, 2012.

Guide to Student Rights and Responsibilities 2011-2012. George Washington University.

Joint Statement on Student Rights and Freedoms. American Association of University

Professors, 1992.

Mission. Foundation for Individual Rights in Education.

Sarabyn, Kelly. Free Speech at Private Universities. Foundation for Individual Rights in

Education, 2010.

Statement of Student Rights and Responsibilities. Syracuse University.

Student Conduct Code 2012-2013. American University, 2013.

Students Rights and Responsibilities. James Madison University.

Documents

Student Rights: From the Classroom to the Quad