Code of Practice: Freedom of Speech

1.1 Oxford Brookes University is an open environment where academic freedom and freedom of speech are fundamental to our functioning; where ideas, opinions or information are imparted, debate, challenge and dissent are not only permitted but expected, received wisdom may be questioned and tested, and new ideas and controversial and unpopular opinions advanced within the law in the context of legitimate and encouraged academic debate.

1.2 Intellectual and academic freedom (including upholding freedom of speech) is fundamental to our purpose, values, mission, our teaching and our research. We believe these values are not simply conducive but absolutely essential to the effective operation of any institution of higher education.

1.3 Our Articles of Government reflect these values and require our Board of Governors to:

‘...ensure that academic staff of the University have freedom within the law to question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions, without placing themselves in jeopardy of losing their jobs or any privileges they may have at the University’ (paragraph 11.2).

2.1 This Code of Practice applies to all staff and students of the University, to visiting speakers, and to all visitors to the University who are invited or are otherwise attending or participating lawfully in Activities on University Premises, where it is reasonably practicable for the University to take steps to secure Freedom of Speech in accordance with the law:

2.2 Definitions of terms used in this Code are as set out in the Higher Education and Research Act 2017 (“HERA”) as amended by the Higher Education (Freedom of Speech) Act 2023 (“HEFOSA”), or, where no such definition appears in HERA (as amended by HEFOSA), are as defined in section 9 or within the text of this Code..

3.1 Freedom of Speech is a fundamental component of Higher Education legislation. The University came into being under the Education Reform Act 1988 and issued Articles of Government under the powers of that Act requiring its Board of Governors to ensure ‘that academic staff of the University have freedom within the law to question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions, without placing themselves in jeopardy of losing their jobs or any privileges they may have at the University’. HEFOSA expands freedom of speech duties under section 43 of the Education (No. 2) Act 1986, placing further responsibilities on universities to take steps both to secure and to promote freedom of speech and academic freedom, by inserting new provisions A1-A3 into HERA. The University is also mindful of Freedom of Expression rights under Article 10 of the European Convention on Human Rights as it has effect for the purposes of the Human Rights Act 1998.

3.2 Nothing in this Code of Practice is intended to limit or negate the University’s obligations under any relevant law or statutory guidance, nor should it be interpreted in that way. Where there is ambiguity or conflict between this Code and a University policy, this Code shall be the primary source of interpretation.

4.1 In accordance with HERA (as amended by HEFOSA), the University will take reasonably practicable steps to secure the objective of freedom of speech within the law for the University’s staff, students and visiting speakers, as set out below.

4.2 The University requires all decision-makers, in making any decision or adopting any policy that could directly or indirectly (and positively or negatively) affect freedom of speech, to act compatibly with HERA (as amended by HEFOSA), and be familiar with the three step criteria outlined in section 6. Those failing to do so will render themselves liable to disciplinary action under the relevant disciplinary procedures. For the purpose of this Code, a decision-maker is any person taking a decision about Meetings or Activities that fall within this Code. Appendix 1 sets out a non-exhaustive list of possible decision-makers.

4.3 Appendix 1 sets out a non-exhaustive overview of some of the main areas where the University may be required to apply the three step criteria set out below in section 6 where a question about freedom of speech or academic freedom has arisen from a Meeting or an Activity.

4.4 The University expects the procedures set out in this Code to be followed in all circumstances where a decision-maker knows, or has information indicating, that a question on securing freedom of speech or academic freedom has arisen or may arise. If in doubt, a decision-maker should always seek guidance from the Academic Registrar.

4.5 The Code outlines a number of processes and associated roles and it should be noted that the Vice-Chancellor and the Registrar and Chief Operating Officer are each a standing nominee for any University role named within this Code.

4.6 The following non-exhaustive list contains examples of when such questions may arise, leading to the following of the procedures set out below:

• an external person, organisation, or foreign/state entity instructs or requires the inclusion of conditions which restrict participation in, or the ideas or opinions to be expressed in, the Meeting or Activity;
• the decision-maker has received information connected to HERA (as amended by HEFOSA) duties from third parties (e.g. other universities, the emergency services) regarding the Meeting or Activity;
• the topic of the Meeting or Activity is known to be controversial or contentious;
• the decision-maker or speaker has received communication critical of the ideas or opinions that will be aired;
• the decision-maker has received communication aimed at cancelling or disrupting the Meeting or Activity;
• there are concerns about the physical safety of the speaker or attendees at the Meeting or Activity;
• there are concerns about the security of University facilities;
• a question of conduct or behaviour has arisen which has a connection to speech.

4.7 The following paragraphs outline the objectives set by the University to ensure that Freedom of Speech duties are adequately considered and delivered with regards to Meetings held on University Premises and falling within the class of Meetings specified in this Code:

4.7.1 The use of University Premises (including the terms of provision of premises) is not denied to any individual or body (as defined in s.A1 of HEFOSA) on grounds of that individual’s lawful ideas or opinions, or to a body on grounds of its lawful policy, objectives, or the ideas or opinions of any of its members.

4.7.2 In order to achieve the objective of securing freedom of speech within the law, other than in exceptional circumstances, the use of University Premises by any individual or body is not on terms requiring that individual or body to bear some or all of the costs of security relating to their use of University Premises.

4.7.3 The University will not unreasonably refuse the holding of events on its Premises, and the expression of lawful ideas or opinions will not normally constitute reasonable grounds for withholding the use of University Premises. The starting point for any event is that it should go ahead and that cancellation is exceptional and undesirable.

4.7.4 Gender segregation is not permitted in any Meetings or Activities, including any academic meetings or at events, lectures or meetings provided for students, or at events attended by members of the public or employees of the University or the Students’ Union. For the avoidance of doubt, this does not include events of specific religious worship / observance.

4.8 The following paragraphs detail the procedures used to ensure that freedom of speech duties are considered within the processes for arranging Meetings, including those with external speakers

4.8.1 Meetings - Internal: The procedure for Meetings which are internal and organised by the University as part of its Activities, organised by staff, or organised by students is detailed in either sections 4.10.3, 4.10.9 or section 10

4.8.2 Meetings - External: The procedure for Meetings or Activities which take place on University Premises, but involve visiting speakers, an external individual or body, is detailed in Section 10.

4.9 The following paragraphs outline the objectives set by the University to ensure that Freedom of Speech duties are adequately considered and delivered with regards to “Activities”.

General

4.10.1 For academic staff, the University’s objective is to secure their academic freedom, meaning their freedom within the law to question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions without placing themselves at risk of being adversely affected by way of loss of jobs or privileges at the University, or a reduction in the likelihood of their securing promotion or different jobs at the University.

4.10.2 As far as the University’s teaching and research activities are concerned, the University expects staff and students to observe the requirements, and experience the desired benefits, of the law on freedom of speech as articulated within the amendments made to HERA by HEFOSA. Staff members should feel able to put forward new ideas and controversial or unpopular opinions, through all types of media, as connected to their status as academic staff of the University, that is in connection to their teaching, research, publications and external speaking activities, without placing themselves in jeopardy of losing their jobs or privileges they may have with the University.

Programme development, approval and delivery (including teaching):

4.10.3 The University will take reasonably practicable steps to secure freedom of speech and academic freedom for staff; for example, steps to prevent academic staff being constrained or pressured in their teaching, programme development or approval processes to endorse or reject particular ideas or opinions. The University will take reasonably practicable steps to prevent students being constrained or pressured to endorse or reject particular ideas or opinions in participating in their teaching and associated relevant activities.

Research

4.10.4 The University will take reasonably practicable steps to secure freedom of speech and academic freedom for staff; for example steps to prevent lawful research conducted by University staff and students being restricted or compromised in any way because of a perceived or actual tension between any conclusions that the research may reach or has reached or the viewpoint it supports, and the University’s policies or values. The University will also take reasonably practicable steps to prevent lawful research from being restricted or compromised in any way because of any external pressures to reach or to avoid particular results.

4.10.5 For the avoidance of doubt, these steps shall apply to any funding, including research grants, overseas funding, gifts, endowments, donations etc, and to any form of agreement, including contracts, Memoranda of Understanding, educational partnerships, collaborations agreements, commercial contracts, franchise agreements etc.

Governance

4.10.6 All senior committees and groups with responsibility for decision making related to, for example, admission, appointment, reappointment and promotion processes, disciplinary processes, employment contracts, processes and policies relating to equality or equity, diversity and inclusion, fitness to practise, harassment and bullying policies, IT policies and processes, Prevent duty, principles of curricular design, research ethics, speaker events, staff and student codes of conduct, include, within their terms of reference, the responsibility (including across all relevant sub-committees) for ensuring compliance with the University's HERA (as amended by HEFOSA) duties in all relevant decision making.

Recruitment and promotion – staff:

4.10.7 The University will take reasonably practicable steps to prevent applicants from being adversely affected in relation to any application to be a member of academic staff of the University or in seeking promotion at the University because they have exercised their freedom within the law to question and test received wisdom, or to put forward new ideas and controversial or unpopular opinions.

Recruitment of students:

4.10.8 The University will take reasonably practicable steps to prevent applicants from being adversely affected in relation to an application to become a student, or receive any associated benefits associated with being a student, because they have exercised their freedom within the law to question and test received wisdom, or to put forward new ideas and controversial or unpopular opinions.

Other classes of activities:

4.10.9 The University will take reasonably practicable steps to prevent students and staff from being adversely affected in their participation in any other classes of activities not directly listed above, but directly linked to what would reasonably be considered a “University Activity” because they have exercised their freedom within the law to question and test received wisdom, or to put forward new ideas and controversial or unpopular opinions

Activities - Procedures

4.11 All decisions that directly or indirectly (and positively or negatively) affect freedom of speech or academic freedom are to be made utilising the three step triage consideration process outlined in section 6 of this Code of Practice. See also Appendix 1.

5.1 This section of the Code describes the conduct required of persons in connection with Meetings or Activities covered by this Code.

5.2 The University expects the conduct of all persons organising, attending or connected with such Meetings or Activities to be in accordance with the law.

5.3 The suppression or attempted suppression of controversial views by violence, disruption or intimidation is contrary to the University’s dedication to learning and, where the person or group seeking to suppress or attempt to suppress is part of the University community, such action will be treated as a breach of discipline liable to disciplinary action under the relevant disciplinary procedures. The University may seek advice from or refer the matter to the Police or to any relevant external agency.

5.4 In making decisions about the conduct of persons organising, attending or connected with such Meetings or Activities, the University shall act in accordance with the objective of securing freedom of speech and academic freedom within the law.

5.5 Decisions shall include consideration of the following principles:

5.5.1 Everyone has the right to free speech within the law

5.5.2 Universities should seek to expose students to a wide range of views, including those that challenge commonly accepted ideas and conventional wisdom.

5.5.3 There should be no limit in principle to the range of views within the law to which students and staff might be exposed across the full range of speaker meetings and other activities covered by this Code.

5.5.4 The range of views may include views that some or all students might find shocking, disturbing or offensive.

5.5.5 Peaceful protest is itself a legitimate expression of freedom of speech. However, protest must not shut down debate.

5.6 Where the University is making decisions about the potential conduct of persons who have, are or will be organising, attending or are connected with Meetings or Activities, the University will consider all relevant information before making a decision.

6.1 This section of the Code describes the criteria to be used by the University in applying policies and making decisions which may impact freedom of speech and academic freedom, including whether to allow the use of Premises and on what terms, and criteria for determining whether there are exceptional circumstances.

6.2 Decisions may relate to Meetings or Activities where the speech or exercise of academic freedom has taken place, or where the University has a reasonable expectation that it will take place, or both. Freedom of speech and academic freedom may be treated differently and as separate constructs, depending upon the person professing to exercise the speech or freedom and the context in which they are doing so.

6.3 The University will apply a three-step decision-making structure:

6.3.1 Step 1: Is the speech or exercise of academic freedom within the law?

6.3.2 Step 2: If yes, are reasonably practicable steps required to secure freedom of speech or academic freedom within the law?

6.3.3 Step 3: Do any restrictions arise from the decision on Step 2, or otherwise arise, and if so, are those restrictions proportionate?

6.4 The three-step decision-making structure acts as a triage within any University policy or process for any decision where the HERA (as amended by HEFOSA) duty to secure freedom of speech is engaged.

6.5. Step 1 is to assess whether the speech or academic freedom is within the law. Within the law means lawful as a matter of the laws of England and Wales (including common law).

6.6 Unlawful speech or unlawful acts of academic freedom are not protected by HERA (as amended by HEFOSA), and will not be protected by this Code. Unlawful speech and unlawful acts of academic freedom will be dealt with in accordance with the relevant law and University processes, including employment law, student conduct regulations, fitness to practice, and, where applicable, by referral to the Police or other relevant agencies.

6.7 The following non-exhaustive list of UK legislation is relevant to whether speech is “within the law”:

• Communications Act 2003
• Counter-Terrorism and Security Act 2015
• Education (No. 2) Act 1986
• Equality Act 2010
• Human Rights Act 1998
• Malicious Communications Act 1988
• Online Safety Act 2023
• Protection from Harassment Act 1997
• Public Order Act 1986
• Public Order Act 2023
• Terrorism Act 2000
• Terrorism Act 2006

6.8 Since 18 September 2015, the University has been subject to statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015. This Act places a duty on the University, in the exercise of its functions, to have ‘due regard to the need to prevent people from being drawn into terrorism’.

6.9 Where the speech or academic freedom is within the law, the University will assess whether reasonably practicable steps are required to secure that freedom of speech. “Reasonably practicable” means that a proposed step is, on balance, a practical means of securing freedom of speech.

6.10 In assessing whether a step is reasonably practicable, the University will take into account all relevant information to determine what the risk to freedom of speech is for which the reasonably practicable step is required. Sources of information may include:

6.10.1 Information received from students or staff of the University;

6.10.2 Information from third parties: including other universities, the emergency services;

6.10.3 Information about previous meetings or activities;

6.11 What is relevant is fact-specific and will vary. The University will collate and assess the relevant information, which may include:

6.11.1 identifying the specific risks to freedom of speech or academic freedom;

6.11.2 identifying possible steps which could be taken to secure freedom of speech or academic freedom, separately or in combination;

6.11.3 considering the impact of taking or not taking a particular step or steps;

6.11.4 considering the connection to or effect on the University’s primary purposes of education and research of the freedom of speech or academic freedom and the possible steps or steps;

6.11.5 considering applicable legislation or regulatory requirements or guidance e.g. health and safety legislation;

6.11.6 considering and taking advice on the safety of persons attending the meeting or activity and/or of persons in the vicinity;

6.11.7 considering and taking advice on the security of University facilities;

6.11.8 considering the effect on the University’s resources and functions of the freedom of speech or academic freedom as intended to be exercised, and of the possible step or steps.

6.12 The University will then take a decision as to any reasonably practicable step or steps to be applied to secure freedom of speech and academic freedom.

6.13 Where restrictions on freedom of speech or academic freedom arise from decisions to apply reasonably practicable steps at Step 2, or otherwise arise, the University shall apply a proportionality test. This may include consideration of:

6.13.1 whether the objective of the measure (e.g. policy or decision) is sufficiently important to justify a restriction of freedom of speech or academic freedom;

6.13.2 whether the measure is rationally connected to the objective;

6.13.3 whether the objective could be obtained by a less onerous restriction; and

6.13.4 whether, considering points 1 to 3, and the severity of the consequences, a fair balance has been struck.

6.14 The University will consider, as applicable, Article 10 ECHR: Freedom of Expression.

6.15 With regards to security costs which might be associated with meetings or activities, HERA (as amended by HEFOSA) requires that a provider or constituent institution must secure that, apart from in exceptional circumstances, use of its premises by any individual or body is not on terms that require the individual or body to bear some or all the costs of security relating to their use of the premises, and to set out criteria in the Code for determining whether there are exceptional circumstances.

6.16. The criteria which the University shall use to determine whether there are exceptional circumstances are to assess the standard security cost required for a meeting or activity of similar size, duration, and location, with the predicted security cost for the specific meeting or activity. The basis for those costs and the difference between them (“Additional Sum”) will be determined by the University on the basis of discussion with our Head of Security and any relevant external agencies such as the Police or security services, including an assessment of the type, number of security personnel, and duration of security.

6.17. Where the predicted security cost is greater than our standard security costs for an event of similar size, duration and location, this will be deemed an exceptional circumstance. The University will cover the standard security cost. Any remaining Additional Sum will be paid by the event organiser. For example: the median security cost for events like Event A is £X. The predicted security cost for Event A is £Y. The Additional Sum (£Y - £X) is £Z. The event organiser will be required to pay £Z. The median is used to allow for some variations in what might be considered a standard cost for events of a similar nature.

7.1 Any staff member who does not feel that the University is fulfilling its duty to secure freedom of speech or academic freedom should raise this promptly using the Resolving grievances at work policy.

7.2 Any student who does not feel that the University is fulfilling its duty to secure freedom of speech should utilise the Student complaints.

7.3 Student complaints in higher education, which have not been resolved through the University’s internal complaints process, are handled by the Office of the Independent Adjudicator for Higher Education.

7.4 The University does not operate a complaints scheme for visiting speakers, but if a visiting speaker has a concern that they wish to discuss, they can contact the Academic Registrar (or their nominee) in the first instance.

7.5 The Office for Students (OfS) also plans to operate a free speech complaints scheme. Under that scheme, the OfS can review complaints about free speech from students, staff, applicants for academic posts and (actual or invited) visiting speakers. Please consult the OfS website for the latest information about their scheme.

7.6 Commercial hirers of University Premises should raise any concerns through the processes in their terms and conditions of hire.

7.7 Any person external to the University who wishes to discuss concerns about the application of this Code to Meetings or Activities which they were participating in or attending lawfully, may contact the Academic Registrar (or their nominee) in the first instance.

8.1 The University’s Board of Governors is responsible for ensuring that the University takes the steps that are reasonably practicable for it to take (including where appropriate the initiation of disciplinary measures) in order to secure compliance with its Code of Practice.

8.2 The Board of Governors will delegate monitoring of this Code to its Audit and Risk Committee, who will report annually to the Board of Governors. The Audit and Risk Committee will receive details of all formal complaints that are raised in relation to the University’s HERA (as amended by HEFOSA) duties in relation to freedom of speech, and be provided with such information from the Estates and Campus Services Directorate or from such other Directorate or Faculty as they request, together with such information as may be available from the wider university sector, so as to monitor the effective operation of the Code.

8.3 In addition to the annual report from its Audit and Risk Committee, the Board of Governors will review the Code of Practice every 2 years.

9.1 Academic freedom for the purpose of this Code is as defined in HERA (as amended by HEFOSA).

9.2 Academic staff means an individual employed by the University on an Academic Contract of employment.

9.3 Activities means activities connected to the University’s purposes of education and research.

9.4 Freedom of speech for the purpose of this Code is as defined in HERA (as amended by HEFOSA).

9.5 Meetings include lectures, seminars, discussions, meetings, or similar events. Meetings may be provided for a wider audience than the University community of staff and students. Meetings may be held on or pass through University Premises.

9.6 Premises includes:

9.6.1 any building or area of the University’s permanent or temporary campuses;

9.6.2 any building or area, not being part of the University’s permanent or temporary campuses, but within the University’s control and being used by the University for University Activities;

9.6.3 University infrastructure which is capable of being used for activities within the scope of HERA (as amended by HEFOSA) e.g. networks and other virtual environments.

9.7 Visiting Speaker is defined in section 10 of this Code.

10.1 Visiting speaker (also called external speaker) includes any person, or group of persons, not being a student, or staff member of the University and who is invited to speak at a Meeting or Activity on University Premises. Visiting speakers fall into two categories: A and B.

10.2 If there is any uncertainty about which category a visiting speaker falls into, the Academic Registrar (or their nominee) will make a determination.

10.3 Visiting speakers, whether category A or B, will be offered the same freedom of speech within the law as staff and students.

10.4 Once an invitation has been extended to a visiting speaker (whether category A or B) it may not be rescinded without prior agreement with the Academic Registrar (or their nominee).

Category A

10.5 The first category (Category A) is a visiting speaker who is invited to the University by a member of academic staff, and is making a direct contribution to module and/or programme learning outcomes, wider subject knowledge or contributing to a research network and / or funded research project.

10.6 Category A visiting speakers need to be reviewed, invited and any additional reasonable practicable steps taken to secure freedom of speech, by the relevant academic staff member responsible for the delivery of the learning outcomes or for overseeing the research network / research project.

10.7 See Section 4 above for further guidance. Any member of academic staff inviting a visiting speaker under category A may seek advice from the Academic Registrar or their nominee on what additional steps, if any, may be required, but they do not need to seek permission beyond their School to invite the speaker. Schools may set local processes and timescales for the approval of speakers, which will be at the discretion of Heads of School (as agreed by the Faculty PVC).

Category B

10.8 The second category (category B) is all other visiting speakers. Category B visiting speakers must be approved by the appropriate decision-maker as outlined in appendix 2, which contains separate sections depending upon the space and / or infrastructure that is being used to deliver the event.

Category B Visiting Speakers using University Premises

A1.1 Organisers should not publicise the details of an event until they have received a positive confirmation of the event from the University Timetabling and Room Bookings team.

A1.2. Where an event is to include a visiting speaker, a completed booking form must be submitted to the University Timetabling and Room Bookings team at least 10 working days in advance of the event taking place (unless the timescale is reduced by the Academic Registrar or their nominee).

A1.3 The Academic Registrar (or alternate nominee in their absence) will initially consider all applications, and apply the three step process as outlined in section 6 of the Code of Practice.

A1.4 In making this decision the Academic Registrar (or alternate nominee in their absence) shall consult with such other staff and/or authorities external to the University as they may feel is necessary and appropriate.

A1.5 The event organiser may also be asked to undertake research on the proposed visitor to help inform a decision whether to approve the event.

A1.6 Where the application is accepted, this will be communicated to the event organiser via the University Timetabling and Room Bookings team.

A1.7 Where the application is accepted, but with the addition of reasonably practicable steps (as per step 2 of the consideration process) this will be communicated to the event organiser stating the requirements on the event organiser as seem necessary and proportionate.

A1.8 Final programme details including speaker and content must be confirmed not less than 10 working days prior to the event taking place (unless this timescale is reduced by the Academic Registrar or their nominee).

A1.9 Where facilities for a proposed event are withheld, the reasons for this will be explained in writing to the event organiser, in most cases, within 5 working days of receipt of the full event details.

A1.10 In organising an event, the event organiser accepts that as far as is reasonably practicable they will ensure that the audience, visiting speaker, and any other persons present act in accordance with the law during the meeting. In the case of conduct in breach of this Code from any audience member, speaker, or other person present, the event organiser should issue appropriate warnings, and if the unacceptable conduct continues, takes steps to remove the persons concerned from the meeting by stewards or security staff. If necessary, an event may need to be closed. The final decision shall be that of the University, including as may be directed by University Security.

A1.11 If the event organiser should wish to appeal against a decision to withhold facilities from an event, such appeal is to be made within 2 days of the written decision from the Academic Registrar (or their nominee). This appeal should be made in writing to that decision-maker (being the Academic Registrar or their nominee). The original decision will stand until the matter has been considered by an appeal committee.

A1.12 The Academic Registrar or their nominee who made the decision will refer their written decision with the appeal from the event organiser to a panel constituted of two members of the University senior management. The panel will decide either to uphold the original decision or to overturn it. Decisions will normally be made within 2 working days. No guarantee is given that any decision will be taken ahead of any proposed or intended date for the event.

A1.13 An appeal will not normally be considered if the grounds for refusal are simply that the facilities required are not available or that the event cannot be held in the light of the overall demands on the University’s premises at any particular time.

A1.14 Failure to give sufficient notice of an event could in itself be grounds for refusal to permit an event and may render the event organiser(s) to be subject to relevant disciplinary procedures.

Category B Visiting Speakers using Students’ Union Facilities

A2.1 All applications for the use of Students’ Union facilities (including those which are part of the University’s Premises), or from official societies of the Students’ Union, for relevant events including visiting speakers shall be made by the student or Students’ Union event organiser on the official booking form provided, and in accordance with any procedures set out for that purpose.

A2.2 Organisers should not publicise the details of a meeting until they have received a positive confirmation of the event from the Students’ Union.

A2.3 Where an event organiser knows or has information that indicates that a question of freedom of speech may arise (see Section 4), they must submit brief arguments with their booking form to assure the Students’ Union that they will not be likely to breach this Code of Practice.

A2.4 The Students’ Union Community Events Coordinator (or their nominee) will consider applications using the three step process as outlined in section 6 of the Code of Practice.

A2.5 If the Students’ Union Community Events Coordinator (or their nominee) has any concerns, the final decision whether or not any particular application shall be approved shall rest with both the:

a) Students’ Union Chief Executive (or reasonable alternate in their absence);
and

b) either the Registrar, Academic Registrar or other senior officer nominated by the Vice-Chancellor.

A2.6 In default of agreement, the matter shall be referred to the Vice-Chancellor whose decision shall be final.

A2.7 In making this decision, the Students’ Union Chief Executive and Registrar/Academic Registrar or other senior officer nominated by the Vice-Chancellor, shall consult with such other staff and/or authorities external to the University as they may feel is necessary and appropriate. The event organiser may also be asked to undertake research on the proposed visitor to help inform a decision whether to approve the event.

A2.8 Where the application is accepted, this will be communicated to the event organiser via the Students’ Union Community Events Coordinator. An acceptance may include such requirements on the event organiser as seem necessary and proportionate, including but not limited to any of the following (singly or in combination):

a) that the event can be filmed by the University for monitoring and evidential purposes;

b) that the talk and accompanying literature must be in English;

c) that the text of the speech to be delivered is submitted to the University in advance;

d) that the visiting speaker accepts questions from the audience on the subject of the talk for a specified time;

e) that the event only proceeds on the condition that an opposed platform is accepted, i.e. that a speaker with an alternative and opposing view is given equal time and status at the event;

f) that admission will be only by means of tickets issued in advance;

g) that the audience be restricted to University and/or Students’ Union members

h) that the meeting be deemed public and that the presence of the Police and members of the public be allowed;

i) that, in exceptional circumstances, the organisers cover the costs of additional security arrangements;

j) that the event be held online only.

A2.9 Where facilities for a proposed event are withheld, the reasons for this will be explained in writing by the Students’ Union Chief Executive to the event organiser, in most cases within 5 working days of receipt of the application.

A2.10 In organising an event, the event organiser and society president (if relevant) accept a duty as far as is reasonably practical to ensure that the audience, visiting speaker, and any other persons present act in accordance with the law during the meeting. In the case of conduct in breach of this Code from any audience member, speaker, or other person present, the event organiser and society president (if relevant) should issue appropriate warnings, and if the unacceptable conduct continues, takes steps to remove the persons concerned from the meeting by stewards or security staff. If necessary, an event may need to be closed.

A2.11 If the event organiser should wish to appeal against a decision to withhold facilities from an event, such appeal is to be made within 2 days of the written decision from Students’ Union Chief Executive. This appeal should be made in writing to the Students’ Union Chief Executive. The original decision will stand until the matter has been considered by an appeal committee (which must include a senior officer of the University as nominated by the Vice-Chancellor). No guarantee is given that any decision will be taken ahead of any proposed or intended date for the event.

Category B Visiting Speakers seeking Commercial use of University Premises

A3.1 All applications for the use of University Premises on a commercial basis from third parties, for relevant events including visiting speakers shall be made by the event organiser on the official booking form provided, and in accordance with any procedures set out for that purpose.

A3.2 Organisers should not publicise the details of an event until they have received a positive confirmation of the event from Oxford Brookes Venues.

A3.3 Where an event organiser knows or has information that indicates that a question of freedom of speech may arise (see Section 4), they must submit brief arguments with their booking form to assure Oxford Brookes Venues that they will not be likely to breach this Code of Practice, including the University’s obligations as described in this Code.

A3.4 Oxford Brookes Venues will refer all such applications to the Assistant Director of Commercial Services, who will consider the application using the three step process as outlined in section 6 of the Code of Practice.

A3.5 Applications will not normally be refused on the basis of the content of the event, but if having completed the three step check it is felt that an event may not be permissible, the Assistant Director of Commercial Services will refer the application for further consideration. In such situations, the decision whether or not any particular application shall be approved shall rest with the:

a) The Director of Estates and Campus Services (or reasonable alternate in their absence); and

b) either the Registrar, Academic Registrar or other senior officer nominated by the Vice-Chancellor.

A3.6 In making this decision, the University shall consult with such other staff and/or authorities external to the University as they may feel is necessary and appropriate.A3.7 Where the application is accepted, this will be communicated to the event organiser via Oxford Brookes Venues. An acceptance may include such conditions or requirements as deemed necessary and proportionate.

A3.8 Where use of University Premises for a proposed event are withheld, the reasons for this will be explained in writing by Oxford Brookes Venues to the event organiser, in most cases, within 5 working days of receipt of the application.

A3.10 In organising an event, the event organiser accepts a duty as far as is reasonably practicable to ensure that the audience, visiting speaker, and any other persons present act in accordance with the law during the meeting. In the case of conduct in breach of this Code from any audience member, speaker, or other person present, the event organiser should issue appropriate warnings, and if the unacceptable conduct continues, take steps to remove the persons concerned from the meeting by stewards or security staff. If necessary, an event may need to be closed. The final decision shall be that of the University, including as may be directed by University Security.

A3.11 If the event organiser should wish to appeal against a decision to withhold the use of University Premises, such appeal is to be made within 2 days of the written decision from Oxford Brookes Venues. This appeal should be made in writing to Oxford Brookes Venues. The original decision will stand until the matter has been considered by an appeal committee.

A3.12 The appeal committee will be a panel constituted of two members of the University’s senior management. The panel will decide either to uphold the original decision or to overturn it. Decisions will normally be made within 2 working days. No guarantee is given that any decision will be taken ahead of any proposed or intended date for the event.

A3.13 An appeal will not normally be considered if the grounds for refusal are simply that the Premises required are not available or that the event cannot be held in the light of the overall demands on the University’s Premises, or for any other reasons which are not connected to the University’s duties under HERA (as amended by HEFOSA), at any particular time.

A3.14 Failure to give sufficient notice of an event could in itself be grounds for refusal to permit an event.

A3.15 The University reserves the right to cancel or amend any booking in any way, where it receives information at any time that in any way changes the University’s assessment of the event or use of University Premises, and the University accepts no liability for any such cancellations or amendments.