“Congress shall make no law . . . abridging the freedom of speech . . or the right of the people peaceably to assemble . . .” 
- First Amendment to the United States Constitution, excerpt.

 

The first ten amendments to the United States Constitution, the Bill of Rights, apply to state entities through the 14 Amendment “incorporation doctrine” and therefore apply to Northern Michigan University as a state university.  

In light of recent events on campus, across the nation and throughout the world, during the summer of 2024 Northern’s leadership team and NMU’s legal counsel performed separate comprehensive reviews of the University’s policies, procedures, ordinances and student code policies related to free speech, free expression and the right to engage in political advocacy. The reviews revealed an appropriate level of protection for the safety and wellbeing of students, employees and campus visitors, as well as for unhindered daily operations while still providing
opportunity for free speech and free expression.

The reviews resulted in no changes to any student code policies, university policies and procedures and/or university ordinances. None were added, nor deleted at this time. However, the decision was made to create this website for easier access to those affiliated with free speech, free expression, and the right to engage in political advocacy.

 

"Academic institutions exist for the transmission of knowledge, the pursuit of truth, the holistic development of students, and the general well-being of society. Free inquiry and free expression are indispensable to the attainment of these goals.  As members of the academic community, students should be encouraged to develop the capacity for critical judgment and to engage in a sustained and independent search for truth."
- Preamble, Section 1.0 of the NMU Student Handbook

 

NMU has a deep and longstanding commitment to free speech and expressive activities.  The Preamble to the Student Code documents this commitment.  Free inquiry and free expression are essential to the mission of NMU.  

This web page is intended to serve as a resource for students, faculty, staff, and the University community as it relates to the policies, ordinances, and guidelines that affect free expression on campus. However, free speech and free expression are not without limits. 

While the University remains scrupulously content neutral when it considers issues related to free speech, many factors impact the inquiry. NMU, by law, must provide a learning and working environment that is free from discrimination or harassment based on personal characteristics including, but not limited to, race, sex, religion, national origin, and gender identity. 

In addition, the University must implement reasonable time, place, and manner restrictions, consistent with applicable law, to ensure that speech and expressive activities do not interfere with University operations or with the ability of students, faculty, and staff to access and participate in University classes and activities.  

Throughout this website, you will find links to policies, ordinances, guidance, and other University resources related to free speech and free expression. It is the hope of the University that this clearinghouse of material will help stakeholders understand the University’s approach to free speech and free expression as well as the context and limitations that surround the issues.

Index

Student Code, University Policies, Ordinances
Political Advocacy and NMU
Assistance for Free Speech & Expression Advocacy Activities
Consequences of Violations

Student Code, University Policies, Ordinances

The following are official policies and ordinances that might become involved when students, faculty, staff and members of the community hold free speech and expression advocacy activities on campus, including protests. 

Part 1:  Student Rights and Responsibilities

From the Student Handbook

1. Preamble, Section 1.1 Academic Administrative Rights and Responsibilities, Section 1.1.1 Instruction and Academic Evaluation and Section 1.1.2 Academic Freedom for Students  – 

All have elements that address free inquiry, academic freedom and free expression as critical to the learning process. Section 1.1.2 Academic Freedom for Students also addresses freedom of association, including the Student Organization Registration Policy that ensures students are free to organize and join associations to promote their common interests. These sections of the Student Handbook cover both the responsibilities of Northern Michigan University as well as the responsibilities on behalf of students regarding First Amendment rights.

1.3.3 – Civil Rights and Responsibilities
University students are members of the academic, local, national, and global communities. Students should enjoy their rights to freedom of speech, right of peaceful assembly, and right of petition as provided by applicable law. Faculty members and administrative officials shall ensure that institutional powers are not employed to inhibit students’ intellectual and personal development both on and off campus.
1.3.4 – Freedom of Association
Students bring to the campus a variety of interests previously acquired and develop many new interests as members of the academic community.  They should be free to organize and join associations to promote their common interests.  The “Student Organization Registration Policy,” as adopted by the Board of Trustees, was established for the purpose of ensuring that these freedoms are safeguarded.  This policy is available by visiting (https://nmu.edu/policies).

1.3.5 – Freedom of Inquiry and Express
Students and student organizations shall be free to examine and discuss all questions of interest to them, and to express opinions publicly and privately.  They shall be free to support causes by orderly means which do not disrupt the regular and essential operation of the University.  Restraints on free inquiry should be held to that minimum which is consistent with preserving an organized society in which peaceful, democratic means for change are available, and will be considered in a content neutral fashion.  Students and student organizations engaging in such activity should make clear to the academic and larger community that in their public expressions or demonstrations, they speak only for themselves.  Inherent in this freedom is an obligation for tolerance of diverse opinions.

Students and student organizations have the right to invite to campus and to hear persons of their own choosing, and will be considered by the University in a content neutral fashion. Accordingly, the “Outside Speakers Policy” was adopted by the Northern Michigan University Board of Trustees and should be reviewed when inviting the person.  This policy is available by visiting (https://nmu.edu/policies).


Part 2: Student Code

This section outlines students’ responsibility to comply with reasonable and lawful requests or direction by University officials who are acting in performance of their official duties. This section also addresses destruction or altering of University property (intentionally or unintentionally), including information stored on NMU computers; disruptive conduct that impairs, interferes with or obstructs normal operations of the University and/or interferes with the rights of other members of the University community. It covers noise, types of disruptions, abuse and harassment of others, and proper use of the University’s name and marks.

2.3.5 – Compliance with Official Requests
.01       Students shall not fail to comply with reasonable and lawful requests or direction by University officials, or officially recognized volunteers acting in performance of their official duties.

.02       Students shall not fail to answer promptly to summons from University officials.

2.3.6 – Compliance with University Policy
Students shall not fail to comply with University policies.

2.3.8 – Destruction of Property
.01       Students shall not intentionally or unintentionally damage, alter or destroy property belonging to, or in the care or control of, either the University or another member of the University community or others.

.02       Students shall not intentionally or unintentionally alter, erase, or otherwise corrupt information stored in or used by University computers including, but not limited to, operating system software, application software, data files, and the media on which such information is stored.

2.3.9 – Disorderly Conduct
Students shall not make any disturbance* or threat of violence. Physical altercations are prohibited.

*A disturbance, which is something less than threats of violence, is an interruption of peace and quiet, a violation of public order in decorum, or an interference with or hindrance of one in pursuit of their education or occupation.

2.3.10 – Disruptive Conduct
.01       Actions that impair, interfere with or obstruct the normal operations of the University and/or interfere with the rights of other members of the University community or visitors.  This includes intentional occupation of or blocking the entry or exit of University facilities, including but not limited to, buildings, classrooms, offices, hallways, entryways, conference rooms, and campus grounds.

.02       Actions that impair, interfere with or obstruct the orderly conduct, processes and functions within any classroom or other instructional setting.  This includes interfering with a faculty member’s role to carry out the normal academic or educational functions of their class.

.03       Participating in, leading or inciting others to disrupt scheduled and/or normal campus activities, events and programs.

.04       Intentional obstruction of the free flow of pedestrian or vehicular traffic on University premises or at University sponsored or supervised functions.

.05       Solicitation on campus without prior approval from appropriate University officials (see 2.3.25).  This includes, but is not limited to, the disbursement of any forms of promotional/informational material on University property or on items (e.g. motor vehicles) on University property, requests for donations or the selling or vending of any merchandise or services.

2.3.15 – General Regulatory Statement
Students shall not engage in conduct detrimental to the University community. Conduct shall be deemed detrimental to the University community if it consists of an act or acts prohibited under municipal, state, or federal law.

2.3.16 - Harassment
Students shall not engage in any conduct involving harassment of another individual, or group, that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested, or that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested. This includes the creation of a hostile environment as well as attempts to create quid pro quo situations.

NMU has a Retaliation Policy.  Please visit (http://www.nmu.edu/policies) for details.

2.3.20 - Noise
.01       Students, or guests, shall not in any way create sounds which may unreasonably interfere with any University community member in pursuit of their education or occupation.
2.3.21 – Personal Abuse
Students shall not verbally abuse, threaten, intimidate, harass, coerce, bully, or exhibit conduct which threatens or endangers the mental or physical health/safety of any person or causes reasonable apprehension of such harm.  Personal abuse shall be defined as behavior that is persistent, severe, and/or pervasive.
2.3.28 – Use of the University Name
Students shall not use the University name or official marks (logos) without authorization from the Marketing and Communications Office. University approval or disapproval of any program, project, policy, or position may not be stated or implied by any student without written authorization by the President.

Political Advocacy and NMU

During political campaigns and elections, it’s important that everyone understands state and federal laws related to the use of university resources regarding political campaigns.

In particular, Internal Revenue Service (IRS) regulations and the Michigan Campaign Finance Act (MCL §169.201 et seq.) place strict limitations on University activities related to political campaigns and political activities.  

This includes the use of the University name, logos, marks, email system, office spaces, telephones, photocopying, or other institutional facilities. No University funds may be used to promote a candidate, a political party, political action committee or any other partisan cause. No political fundraising activities may take place on campus or be promoted with University resources. In addition to other sanctions, failure to adhere to these restrictions could put the University’s tax-exempt status in jeopardy.  

To avoid situations that cause problems for the university, NMU students and employees should carefully review the materials provided by the American Council of Education (ACE) and be aware of what is allowable and what is not related to political campaigns and activities on campus. 

NMU employees, students and campus groups might be contacted by candidate campaign teams or their surrogates for such things as campus lists, campus space or other campus-related information.  All politically related requests should be directed to the President’s Office as a way to ensure that our actions as a university do not unintentionally violate any laws, which can result in large fines for the university. If you have questions, contact the Office of the President for assistance at NMUPres@nmu.edu or 906-227-2242.

These rules do not apply to you when acting on your own behalf and using your own personal time and resources, or when the political activity is directly tied to academics. However, to avoid situations that cause problems for the university, NMU students and employees should also carefully review the materials provided by the American Council of Education (ACE) and be aware of what is allowable and what is not related to political campaigns and activities on campus.

As engaged citizens of our community, you are encouraged to be aware of the issues in the upcoming elections, get involved as a private citizen in those that are important to you and get out and vote. But I also ask you to be aware of how your political activity on campus might impact the university.

  • Scholarly research on political campaigns, candidates, issues or ballot initiatives.
  • If you are a faculty member who is going to do politically related research, you must be fully aware of what is allowable under the law and what is not. (Refer to ACE materials)
  • Classroom activities related to political campaigns, candidates, issues or ballot initiatives if they appropriately reflect the course description in the university bulletin and are non-partisan.  Classroom activities cannot be conducted to benefit a political party or campaign.  
  • Campus visits to classrooms for academic purposes by a candidate or a representative of a ballot initiative.  Michigan state law requires equal access, so be prepared to have multiple candidates or representatives of both sides of an issue if the situation requires it. 
  • Campus visits/rallies of a candidate or representative of a ballot initiative being sponsored by a student group. Northern’s facility use policies include the equal access component required by law. 
  • People living in university-owned housing can use their place of residence to be engaged in political activities except for political fundraising, as set forth in Michigan’s law.
  • A university member who is an elected or appointed public official with policy-making responsibilities (university presidents, board of trustee members) can have limited participation in election issues (permitted to express views on ballot or campaign initiative) that directly represents the university.
  • Campus media (including campus media funded by the university) have all the rights of commercial media regarding political campaigns and ballot issues. As such, campus media is held to the same strict standards regarding equal time and access, including the 45-day rule for primaries and the 60-day rule for general elections.
  • Using any university resources for any type of political campaign activities.
    • Examples (not an exhaustive list) – your NMU e-mail address, use of the NMU network, use of NMU-issued computers, your NMU office, university letterhead, envelopes, postage, copy machines, telephones, departmental funds.
  • Stating your NMU title/affiliation when involved in political activities.
    • Examples (not an exhaustive list) – consulting for candidates, fundraising for candidates or ballot initiatives, writing letters to the editor or speaking at rallies.
    • If you must identify your affiliation with the university because it is critical to understanding your expertise related to a political campaign or ballot issue, you must also provide a disclaimer that you do not represent Northern Michigan University in your views or actions.
  • Using NMU staff time for any political activity.
    • If involved as a private citizen, you must do these activities on your own time. You are required to take annual leave for activities that happen during your regular work shift.
  • Not providing political candidates or representatives of a ballot initiative equal access to campus facilities (in other words, treating one candidate differently than another as it relates to use of campus facilities, including classrooms.)
  • Putting political buttons, stickers, posters, yard signs, etc., on university property – including your office door – except in areas where the university has designated public and general, non-university posting.

Assistance for Free Speech & Expression Advocacy Activities

NMU administrators are available to meet with students, employees, groups, and community members to discuss ideas for advocacy events and action to help ensure that the activities can take place in ways that do not violate University policy and ordinances and do not have a negative impact on an individual’s ability to be on the Northern Michigan University campus. Initial contacts for students: Dean of Students Office, 906-227-1700, dso@nmu.edu, or NMU Police Department, 906-227-2151, psps@nmu.edu; for employees, Academic Affairs, 906-227-2920 or Human Resources,  hr@nmu.edu, 906-227-2330.

Consequences of Violations 

The consequence for violating any official university policies and ordinances vary depending on severity of the violation, level of harm to others and/or property, pattern of behavior on behalf of the violator(s), disruption to University operations, and other elements of the specific situation. However, consequences range from warnings and orders to cease and desist to suspension/dismal, both for students and employees. In the case of some ordinances, there are tickets and fines mandated for violations.