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
11 Joint Statement on Student Rights and Freedoms.
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
15 Joint Statement on Student Rights and Freedoms.
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.