The gamecock. (Columbia, S.C.) 1908-2006, October 13, 1967, Page Page Nine, Image 9
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PREAMBLE
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 expression are indispensible
to the attainment of these goals.
As members of the academic com
munity, students should be en
couraged to develop the capacity
for critical judgment and to en
gage in a sustained and indepen
dent search for truth. Institu
tional procedures for achieving
these purposes may vary from
campus to campus, but the mini
mal standards of academic free
dom of students outlined below
are essential to any community
of scholars.
Freedom to teach and freedom
to learn are inseparable facets of
academic freedom. The freedom
to learn depends upon appropriate
opportunities and conditions in the
classroom, on the campus and in!
.qhe larger community. Students
should exercise their freedom with
responsibility.
The responsibility to secure and
to respect general conditions con
ducive to the freedom to learn is
shared by all members of the
academic community. Each col
lege and university has a duty to
develop policies and procedures
which provide and safeguard this
freedom. Such policies and pro
cedures should be developed at
each institution within the frame
work of general standards and
with the broadest possible par
ticipation of the members of the
academic community. The purpose
of this statement is to enumerate
the essential provisionr. for stu
dent freedom to learn.
The professor in the classroom
and in conference should encour
age free discussion, inquiry and
expression. Student performances
should be evaluated solely on an
academic basis, not on opinions or
conduct in matters unrelated to
academic standards.
A. Students are responsible for
learning thoroughly the content of
any course of study, but they
should be free to take reasoned
exception to the date or views of
fered, and to reserve judgment
about matters of opinion.
H. Information about s t u d e n t
views, beliefs and political associa
tions which professors acquire in
the course of their work as in
structors, advisors and counselors
should be considered confidential.
Protection against improper dis
closure is a serious professional
obligation. Judgments of ability
and character may be provided
under appropriate circumstances.
Authorized counselors shall not,
without the consent of the stu
dlent, disclose any information
which he may have acquired while
counseling any student unless the
information may result in physi
-j cal or emotional harm to the stu
dent or others.
Institutions should have a care
fully considered policy as to the
information which should be part
of a student's permanent educa
tional recordl andl as to the condi
tions of its dlisclosure. To mini
mize the risk of improper (is
closure, academics andl disciplin
ary records should be separate,
andl the condit ions of access to
each should be set forth in an ex
p)licit policy statement. Trans
cripts of academic records should
contain only information about
a c a d e m i c status. Information
from disciplinary or counseling
files should not be available to
unauthorized persons on campus,
or to any person off campus wvith
out the express consent of the stu
(lent involved except undler legal
compulsion, n a t i o n a I security
clearance, or in cases where the
safety of persons or propeCrty is
involved. No records should be
kept which reflect the political ac
tivities or beliefs of students. Pro
vision should also be made for
periodlic routine destruction of
noncurrent disciplinary records.
Administrative staff andl faculty
members should respect confiden
tial information about student
which they acquire in the course
of their work. Counseling files
are not available to any person
without the consent of the stu
dlents.
In studlent affairs, certain stand
ardls must be maintained if the
acadlemic freedom of students is
to lie preservedl.
A. Tlhe University should be open
to all students w~ho are qualified
without respect to race, sex, reli
gion, creed, or national origin.
II. Students bring to the campus
a variety of interests previously
acqjuiredl and develop many new
inte'rests as members of the aca
dlemic community. They should
dent Bi
sociations to promote their com
mon interests.
1. Affiliation with an extra
mural organization should not of
itself effect recognition of a stu
dent organization.
2. Each organization should be
free to choose its own campus ad
visor. Members of the faculty
serve the college community wher
they accept the responsibility t<
advise and consult with studeni
organizations; they should not
have the authority to control the
policy of such organizations.
3. Student organizations may
be required to submit a statemeni
of purpose, criteria for member
ship, rules of procedures and a
current list of officers. They
should not be required to submil
a membership list as a conditior
of institutional recognition othei
than an initial list of the mem
hers.
4. Campus organizations shoul
not deny membership to student.
solely because of race, creed, oi
national origin.
5. The membership, policies an(
actions of a student organizatior
usually will be determined by vote
of only those persons who hol
bona fide membership in the col
lege or university community.
C. Freedom of Inquiry and Ex
pression:
1. Students and student organi
zations should be free to examini
and to discuss all questions o
interest to them, and to expres:
opinions publicly and privatel:
They should always he free t<
support causes by lawful an(
orderly means which do not dis
rupt the regular and essential op
eration of the institution. At thi
same time, it should be made clea
to the academic and larger corn
munity that in their public expres
sions or demonstrations student
or organizations speak only fo
themselves.
G. Students should be allowe
to invite and to hear any persoi
of their own choosing. These rou
tine procedures required by an in
stitution before a guest speake
is invited to appear on campu
should be designed to insure tha
there is orderly scheduling o
facilities and adequate prepara
tion for the event, and that th
occasion is conducted in a man
ner appropriate to an academi
community. While the Universit:
is properly concerned with th
prevention of unlawful conduc
the institutional control of cam
pus facilities should not be use<
as a device of censorship of id -v
It should be made clear to th
academic and larger communit:
that sponsorship of guest speak
ers does not necessarily impl:
approval or endlorsement of th
views exp)ressed, either by th
spnorn group) or the institu
tion.
ID. Student Participation in Tn
stitutional Government:
As constituents of the academi
community, students should b<
free, individually and collectively
to express their views on issue;
of institutional policy and on mat
ters of general interest to the stu
(lent body. The student bod:
should have clearly defined mean:
to participate in the formulatiol
and application of institutiona
policy affecting acadlemic and stu
(lent affairs. The role of the stu
dleat government and bo0th it;
general and specific responsibili
ties should be made explicit, an<
the student government withii
the areas of its jurisdliction shoul<
be reviewed only through orderl:
and prescribed p)rocedlures.
E. Student Publications:
Student publications and th<
student press are a valuable aid
in establishing and maintaininl
an atmosphere of free and re
sponsible discussion and of intel
lectual exploration on the cam
pus. They are means of bringinj
student concerns to the attentioi
of the faculty and the institutiona
authorities and of formnulatinj
student opinion on various issue:
on the campus and in the worl<
at large.
In the delegation of editoria
responsibility to students the in
stitutionl must p)rcvide sufficien
editorial freedom and financia
autonomy for the student publica
tions to maintain their integrit:
of purpose as vehicles for free in
quiry andl free expression in ai
academic community.
Institutional authorities, in con
sultation with students and fac
ulty, have a responsibility to pro
vide written clarification of the
role of the studlent publications
the standards to be used in thei:
evaluation and the limitations oi
external control of their operation
At the same time, the editoria
freedom of student editors and
managers entails corollary re
sn)onsib)ilities to be governed b:
ill Of R
the canons of responsible journal
ism, such as the avoidance of
libel, indency, undocumented al
legations, attacks on personal in
tegrity and the techniques of
harassment and innuendo. As
safeguards for the editorial free
dom of student publications the
following provisions are neces
sary:
1. The student press should be
free of censorship and advance
approval of copy, and its editors
and managers should be free to
develop their own editorial poli
cies and news coverage.
2. Editors and managers of
student publications should be pro
tected from arbitrary suspension
and removal because of student,
faculty, administrative, or public
disapproval of editorial policy or
content. Only for proper and
stated causes should editors and
managers be subject to removal
and then by orderly and pre
scribed procedures. The agency
responsible for the appointment
of editors and managers should
be the agency responsible for
their removal.
3. All University published and
f i n a n c e d student publications
should explicitly state on the edi
torial page that the opinions there
expressed are not necessarily
those of the college, university or
student body.
A. While students should conduct
themselves in a lawful and orderly
manner, as citizens, they enjoy
the same freedom of speech,
peaceful assembly and right of
1petition that other citizens enjoy.
Faculty members and administra
tors should insure that institu
tional powers are not employed to
inhibit such intellectual and per
sonal development of students as
is often promoted by their off
campus activities and their exer
cise of the rights of citizenship.
r H. Activities of students may
upon occasion result in violation
of law. In such cases, institutional
officials should apprise students
of their legal rights and may of
fer other assistance. Students
r who violate the law may incur
penalties p r e s c r ib e d by civil
authorities, but institutional au
thority should never be used
merely to duplicate the function
of general laws. Only where the
institution's interest as an aca
demic community are distinct
from those of the general com
munity should the special author
ity of the institution be asserted.
The student who incidentally vio
lates institutional re1qilations in
the course of his off-campus ac
tivity, such as those relating to
class attendance, should be sub
ject to no greater penalty than
would normally be imposed. In
stitutional action should be inde
p)endlent of community pressure.
The dlisciphlnary p)owers of
D
01
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educational institutions are inher
ent in their responsibility to pro
tect their educational purpose
through the regulation of the use
of their facilities and through the
setting cf standards of conduct
and scholarship for the students
who attend them. In developing
responsible student conduct, disci
plinary proceedings play a role
substantially secondary to coun
seling, guidance and admonition.
In the exceptional circumstances
when these preferred means fail
to resolve problems of student
conduct, proper procedural safe
guards would be observed to pro
tect the student from the unfair
imposition of serious penalties.
The following are recommended
as proper safeguards in such pro
ceedings:
A. Standards of Conduct Ex
pected of Students:
The institution has an obliga
tion to clarify those standards of
behavior which it considers essen
tial to its educational mission and
its community life. These general
behavioral expectations and the
resultant s p e c i f i c regulations
should represent a reasonable
regulation of student conduct but
theystudent should be as free as
possible from imposed limitations
that have no direct relevance to
his education. Offenses should be
as clearly defined as possible and
interpreted in a manner consis
tent with the aforementioned prin
ciples of relevancy and reason
ableness. Discipline should be in
stituted only for violations of
standards of conduct formulated
with significant student partici
pation and published in advance
through such means as a student
handbook or a generally available
body of institutional regulations.
1. Except under circumstances
where delay may create a risk of
harm to property or students,
premises occupied by students and
the personal possessions of stu
dents should not be searched un
less appropriate authorization has
been obtained. For premises such
as dormitories controlled by the
institution, an appropriate and re
sponsible official should be desig
nated to whom application should
be made before a search other
than a routine inspection is con
ducted. During routine inspectiom
only items in plain sight can be
seized and used as evidence. Any
application to s e a r c h should
specify the reasons for the search
and the object of informatior
sought. The official should keel)
an accurate record of the searches
permitted; such a record includ
ing the time, (late and reasons for
the search. The student shall be
present, if possible, (luring the
search. For premises not con
trolled by the institution, the ordi
nary requirements for lawful
search should be followed.
oyoub
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2. Such students detected or
arrestedl during the course of seri
ous violations of institutional
regulations, or infractions of ordi
nary law, should be informed of
their rights. Prior to interroga
tion the student must be informed
of his rights and will be required
to sign a statement that he has
been so informed. While interro
gation may be conducted, no form
of harassment should be used by
institutional representatives to
coerce admissions of guilt or in
formation about conduct of other
suspected persons.
;1. Students should not be sub
ject to abusive conduct by insti
tutional officials. If a student be
lieves he has been exposed to such
unwarranted conduct, or if he be
lieves that any provision of this
bill has been violated, he may file
a written complaint with the Com
mittee for Student Grievances.
The Committee shall have the re
sponsibility to investigate the
complaint and recommend ap
propriate remedial action.
4. Pending action on the
charges, the status of a student
should not be altered, or his right
to be present on the campus and
to attend classes suspended ex
cept where the administration de
termines such action is necessary
for his physical or emotional
safety and well-being, or for the
safety of students, faculty, or
university property.
B. The formality of the proced
ure to which a student is entitled
in disciplinary cases should he
proportionate to the gravity of the
offense and the sanctions which
may be imposed. Matters involv
ing minor infractions of the Uni
versity regulations where suspen
sion is not contemplated may be
handled by the administration in
an informal manner. If a student
believes he has been unjustly pun
ished, or that administration of
ficials have otherwise abused their
power, he may file a written com
alaint with the Committee for
Student Grievances. Where mis
conduct may result in suspension.
the student should have the right
to a hearing before a regularly
constituted committee.
1. The committee should in
clude elected faculty members and
at least one student member. Dur
ing the determination of guilt or
innocence, only faculty and stu
dent members shall sit.
2. The student should be in
formed, in writing, of the reasons
for the proposed disciplinary ac
tion with sufficient particularity,
and in sufficient time, to insure
opportunity to prepare for the
hearing.
3. The student appearing be
fore the committee should have
the right to he assisted in his deC
fense by an adlvisor of his choice.
In cases where suspiension is con
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templated, legal counsel by a sen
ior law student will be provided
by the Student lar Association
upon the request of the student.
4. The burden of proof should
rest upon the officials bringing
the charge.
5. The student should be given
an opportunity to testify and to
present evidence and witnesses.
He should have an opportunity to'
hear and question adverse wit
nesses. In no case should the com
mittee consider statements against
him unless he has been advised
of their content and of the name
of those who made them, and un
less he has been given an oppor
tunity to rebut unfavorable infer
ences which might otherwise he
dra wn.
6. All matters upon which the
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8. In the evernt that rhe student
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