Important Information Regarding Expressive Activities on the UC San Diego Campus
UC San Diego is committed to fostering freedom of expression and the free exchange of ideas, while also protecting student, staff, faculty, and other academic employees’ rights to safety and access to the benefits and opportunities of the campus.
To that end, this webpage is intended to advise the campus community of the university policies and practices most relevant to free expression on campus and the consequences for violation of these university policies.
Content on this page was developed pursuant to guidance from the University of California Office of the President, including the August 19 Directive on Policies Impacting Expressive Activities and Updates on UC campus climate efforts.
Relevant Policies and Procedures
(1) The campus' time, place, and manner policy describes when, where, and how expressive activities may take place on campus.
The primary time, place, and manner policy is 510-1.9 - UC San Diego Policy on Speech, Advocacy and Distribution of Literature on University Grounds.
Major events are governed by the Policy on Major Events.
Unpermitted camping is not allowed on the UC San Diego campus.
(2) The University has policies that establish standards of conduct for students, faculty, and staff.
The Student Conduct Policies and Procedures establish rules regarding acceptable student behavior.
The Faculty Code of Conduct establishes rules regarding acceptable behavior for faculty and other academic appointees.
The Personnel Policies for Staff Members and applicable collective bargaining agreements establish rules regarding acceptable behavior for university employees.
University staff, faculty, and academic employees are subject to certain limitations on some political activities.
The Athletic Department's Scholar-Athlete Code of Conduct identifies additional standards of conduct for scholar-athletes.
Some potentially relevant state and federal laws also include the following:
First Amendment to the U.S. Constitution
(3) The University of California systemwide Nondiscrimination Policy prohibits harassment or discrimination because of certain protected characteristics.
(4) The campus will resolve complaints of a violation of relevant institutional policies, state law, or federal law, including complaints against individuals not affiliated with the campus, in the manner described below.
The process by which the campus resolves a complaint of a policy violation depends on the specific type of violation that is alleged. For example, complaints about harassment and discrimination, including allegations of violations of Title VI and Title IX, are initially handled by the UC San Diego Office for the Prevention of Harassment and Discrimination. Discipline for those who violate university policy will proceed under the applicable policies and/or collective bargaining agreements.
Student discipline is addressed through the process described in the UC San Diego Student Conduct Procedures.
Scholar-athletes are subject to Athletic Department-specific consequences, in addition to and independent of any sanctions that may come from the University or other authorities as outlined in the Scholar-Athlete Code of Conduct.
Employee discipline is addressed in accordance with the applicable academic employee policies and procedures and/or collective bargaining agreement, as applicable.
Non-affiliate consequences may include partial or total exclusion from campus pursuant to Penal Code section 626, as well as other potential consequences under the Penal Code.
Reports of criminal activity on campus are referred to law enforcement, including the UC San Diego Police Department. Criminal acts by both affiliates and non-affiliates may result in criminal prosecution.
(5) The campus will respond to activities that threaten the safety of students, faculty, or staff, and/or disrupt their ability to access the campus or buildings, the educational process, or activities on campus. (6) The range of consequences possible for students, faculty, or staff who violate relevant institutional policies, state law, or federal law, including, but not limited to, discrimination based on shared ancestry under Title VI of the Civil Rights Act of 1964.
The University's policies, rules, and regulations are designed to support the University's mission of education, research, and public service.
The University has explicit policies that protect and foster extensive opportunities for free expression, speech, and assembly. In addition, academic freedom protects freedom of inquiry and research, teaching, and expression and publication. The University also has policies that comply with federal and state laws, protect lawful access to University programs and facilities, address unsafe behavior and aim to prevent the destruction of property. These policies apply regardless of the cause or content of a particular protest, speech, or other form of expression, or whether the conduct involves expression at all.
While systemwide policies affirm the constitutionally protected rights of all members of the University community regarding free expression, speech, and assembly, these activities should not disrupt the University's functions, impede orderly operations, or place community members in reasonable fear for their personal safety.1
If violations of local, state and federal law or University's policies occur, they will be addressed with the following consistent tiered response at all UC locations - with an emphasis on providing community members with multiple opportunities to adjust their conduct:
- Initially, people engaged in committing a policy violation should be informed of the violation and asked to change their conduct. Multiple requests may be made, and compliance with the requests means the response will not be escalated.
- If the people involved do not comply with requests to alter their conduct, they will be warned about potential consequences and directed to comply. If the conduct continues, UC Police Department (UCPD) and/or Campus Fire Marshal will assess the situation and, based on their assessment, may issue an unlawful assembly notice/announcement, orders to disperse, orders to identify oneself, or other relevant orders.
- In the final phase of tiered response, people who refuse to change their conduct as directed may be cited for a violation of the relevant University policy. If they are breaking the law they may be cited, detained and arrested for unlawful behavior, or subject to other police actions. Stay-away orders may be issued for higher severity violations and/or for repeat offenses. The University may utilize University of California Police Departments or other state or local law enforcement agencies to maintain the health and safety of the University community.
- Members of the University community who are arrested for unlawful behavior must have their conduct evaluated for potential violations of University policy. Members of the University community who are cited for a violation of University policy must go through the applicable campus review process.2
While the tiered response outlines consistent expectations in many situations, it is not a rigid prescription that will capture all situations, all specific violations of policy or law, or all response actions. It does not dictate a specific timeframe. A tiered response does not mean a slow response but one that fits the situation and the resources to address it. Specifically, if violation of policy or law poses an immediate threat to life safety3 or critical University functions, the University will act accordingly and mobilize the appropriate resources, which may include UCPD, Campus Fire Marshal, and/or other resources to respond. This is consistent with the University's established tiered response approach, where an escalation of threat to life safety or of disruption to operations demands a rapidly escalated response. The tiered response approach outlined above is rooted in the best practices and recommendations of the Robinson-Edley report4 and the Community Safety Plan5 to encourage free expression while safeguarding the rights of all members to teach, study, and exchange ideas freely.
In order to create inclusive spaces where all voices are heard and our community members can engage in their educational, academic, research, and patient care pursuits, the University must also take consistent and fair accountability measures against individuals whose conduct violates the University's policies. These accountability measures are taken only after disciplinary proceedings are completed with appropriate procedural safeguards6. Accountability measures for the violation of the University's policies may include but are not limited to:
Students: Educational sanctions, written warning, disciplinary probation, exclusion from areas of the campus or from official University functions, restitution, suspension, and dismissal.
Staff: Counseling memorandums, oral and written reprimands, demotion, suspension without pay, reduction in pay, and termination or dismissal.
Senate Faculty: Informal counseling memorandums, written censure, reduction in salary, demotion, suspension without pay, non-reappointment, denial or curtailment of emeritus status, and dismissal.
Non-Senate Academic Appointees: Informal counseling memorandums, written warning, written censure, demotion, suspension without pay, reduction in salary, non-reappointment, and dismissal.
Visitors and Non-UC Affiliates: Exclusion from campus, restitution, and potential for criminal sanctions for violation of University rules in accordance with the California Education Code.
(7) The campus intends to foster healthy discourse and bring together campus community members, and viewpoints that are ideologically different, in order to best promote the educational mission of the institution and the exchange of ideas in a safe and peaceful manner.
UC San Diego is committed to fostering a campus environment that values diversity of thought and encourages healthy discourse among its community members. Through Tritons Belong, the university has and continues to create structured opportunities for dialogue, such as moderated forums, workshops, and speaker series, where students, faculty, and staff can engage with differing viewpoints in a respectful and constructive manner. UC San Diego aims to equip its community with the tools necessary to navigate complex and sometimes contentious discussions by emphasizing the importance of empathy, active listening, and critical thinking. Additionally, the classroom environment creates spaces where ideologically different viewpoints are welcome and invited, and this is especially true in UC San Diego's undergraduate writing programs across the eight colleges.
In addition, UC San Diego through Tritons Together will continue to provide resources and training focused on conflict resolution and inclusive communication to help bridge ideological divides. The university's ongoing efforts will include collaboration with student organizations, faculty, and external experts to design programs that reflect the diverse perspectives of the campus community. These efforts will be promoted through our Tritons Belong website. By fostering an atmosphere where different ideas can be shared and discussed in a productive manner, UC San Diego seeks to promote its educational mission, encouraging intellectual growth and the exchange of ideas. This approach enriches the academic experience and also prepares students to become thoughtful and engaged citizens in a diverse and interconnected world.
(8) The campus offers educational programs and activities for faculty, staff, and students to support the balance between free speech activities, educational mission, and student safety.
UC San Diego offers a comprehensive suite of educational programs and activities aimed at balancing free speech, the university's educational mission, and campus safety. UC San Diego programs include workshops and seminars for faculty, staff, and students that focus on understanding the legal and ethical dimensions of free speech, as well as the importance of maintaining a safe and inclusive environment. By providing training – through Tritons Belong and other programs – on how to engage in respectful dialogue and manage difficult conversations, the university aims to equip its community members with the skills needed to navigate the complexities of free expression while upholding the institution's Principles of Community. Additionally, these educational initiatives emphasize the critical role that free speech plays in fostering academic inquiry and the pursuit of knowledge.
To further support this balance, UC San Diego has ongoing activities such as speaker series, panel discussions, and collaborative projects that bring together diverse voices and perspectives. These activities create spaces where free speech and safety are both prioritized, allowing for robust discussions without compromising the well-being of participants. The university will also provide resources – such as counseling services and employee assistance programs – to help students and employees cope with the emotional challenges that may arise from engaging with controversial or challenging topics. By continuing to integrate these educational programs and activities into the campus culture, UC San Diego seeks to ensure that its commitment to free speech enhances its educational mission and the safety of its community.
(9) A list of the resources available on campus for faculty, staff, and students to receive mental health and trauma support.
These webpages describe resources available on campus for faculty, staff, and students to receive mental health and trauma support.
Faculty and Staff Assistance Program
References
1 Regents Policy 3303: Policy on Employee and Student Protections Related to Student Press and Student Free Speech Rights
Policy on Use of University Properties
2 UC Board of Regents statement on conduct guidelines issued by UC President Michael V. Drake, M.D.
3 Life safety: Imminent threat of harm or endangerment to people and/or systems designed to protect people from immediate harm (i.e., fire detection and suppression systems).
4 Robinson-Edley Report and Implementation Plans
6 Consistent with Regents Bylaw 40, for faculty, the proposed imposition of any type of disciplinary sanction will proceed in accordance with the established policies and procedures for discipline, including an opportunity for a prior hearing before an appropriate advisory committee of the Division of the Academic Senate.