1.

Preamble

1.1

The following is one of the most important of the clauses in the School's Memorandum and Articles of Association.

(A)

Everyone shall be entitled to equal treatment on the basis of individual merit and without unfair discrimination as regards admission to and membership of the Corporation, and status as a member, officer or employee of the Corporation, and as a student or other individual associated with the Corporation, and as regards access to the benefits, facilities and services provided by the Corporation.

(B)

Every member, officer and employee of the Corporation, and every student and other individual associated with the Corporation, shall be entitled to freedom of thought, conscience and religion, to hold opinions without interference, disability or disadvantage, and to freedom of expression within the law, including the right to seek, receive and impart information and ideas of all kinds.

1.2

In pursuance of its duties as laid down in Section 43 of the Education (No. 2) Act 1986, the School has adopted this Code with a view to taking steps to ensure that freedom of speech within the law is secured for students, employees and other members of the School (including honorary and visiting staff) and for all persons authorised to be on School premises including visiting speakers duly invited in accordance with Clause 3.3.3 of this Code.

1.3 

The Code takes cognizance of the fact that the United Kingdom is a party to the United Nations Covenant on Civil and Political Rights and the European Convention on Human Rights and the School attaches great importance to the values described in these documents. The basic right to freedom of expression and the permitted exceptions thereto are specified in Article 19 of the UN Covenant and Article 10 of the European Convention:

1.3.1

UN Covenant on Civil and Political Rights, Article 19:

(1)

Everyone shall have the right to hold opinions without interference.

(2)

Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his or her choice.

(3)

The exercise of the rights provided for in paragraph 2 of this Article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:
(a) For respect of the rights or reputations of others:
(b) For the protection of national security or of public order or of public health or morals.

1.3.2

European Convention on Human Rights, Article 10:

(1)

Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

(2)

The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

2.

Range and application

This Code applies to all meetings and events (including lectures, seminars, committee meetings and musical and theatrical performances) on any premises wherever situated, of which the School has title or possession, by freehold, leasehold, licence or otherwise, including halls of residence. Notwithstanding that the Secretary of the School may from time to time prescribe procedures for operation of the Code, which require formal arrangements with the School authorities for certain types of meeting or other event, the Code also applies to any lawful activities in which students, staff and other members of the School, and visitors duly invited to the School, may engage, anywhere on the School's premises as defined above.

3.

Responsibilities of the School authorities

3.1

The School authorities are responsible for upholding and maintaining the principles set out in Section 1 of this Code.

3.2

The School authorities will prescribe from time to time procedures for operation of the Code; these procedures will, inter alia, specify formal arrangements for certain types of meeting or other event.

3.3

The School authorities will not deny use of School premises to any individual or body of persons on any grounds connected with the beliefs or views of that individual or of any member of that body; or with the policy or objectives of that body. This is provided that:

3.3.1

The School's premises are at all times used only for lawful purposes.

3.3.2

Room bookings are made by persons whom the School authorities regard as properly responsible, in compliance with the prescribed procedures for operation of the Code and with such reasonable requirements as the School may make.

3.3.3

Visiting speakers come on the School's premises only at the invitation of authorised staff, authorised students or other authorised members of the School.

3.3.4

The School authorities have authorised by general or specific permission use of the School's premises for the purpose concerned.

3.3.5

The School authorities reserve the right to refuse or withdraw permission for a meeting, or terminate a meeting once begun, or take such lawful action about a meeting including security provision as they see fit. Among circumstances in which such action might be taken would be the following:

(a)

Where the bounds of lawful free speech are exceeded or thought likely to be exceeded such as by incitement to commit crimes or breach of the peace. In particular, the School authorities will take into account the provisions of the Public Order Act 1986 which describes circumstances in which a person presenting or directing the public performance of a play; or a person distributing, showing or playing a recording of visual images or sounds; or any other person, may be guilty of an offence if he or she intends to stir up racial hatred or if, having regard to all circumstances, racial hatred is likely to be stirred up;

(b)

Where damage to School property or physical harm to persons or a breach of the peace is taking place or thought to be likely to take place;

(c)

Where the frequency of bookings made by an individual or organisation seems calculated to inhibit access to the School's facilities by others;

(d)

If unlawful acts, or acts which in the opinion of the School authorities may be unlawful, take place or are thought likely to take place, anywhere on School premises.

3.3.6

A visiting speaker may be excluded on the grounds of prior conduct engaged in with intent by him or at his instance of denying free speech to others.

3.3.7

The School reserves the right of final decision about admission or exclusion of any person, including press, television and broadcasting personnel, in respect of any meetings or events covered by this Code.

4.

Responsibilities of the Students' Union

4.1

The Students' Union is responsible for compliance with this Code and all procedures for operation of the Code, as prescribed by the School authorities, which derive from it in respect of all events which:

4.1.1

are organised, sponsored, or booked by the Students' Union, its societies or officers.

4.1.2

falling into category 4.1.1, take place on School premises, as defined in Section 2 of the Code, including those which may from time to time be allocated to the Students' Union for its use.

4.2

Where a student society or other group of students advises the School that the Students' Union has decided not to transmit their booking application to the School, the School reserves the right to consider that application directly and make a final decision.

4.3

In all other respects the Students' Union has the responsibilities set out in Section 5 of the Code.

5.

Responsibilities of event organisers

5.1

Those who organise, sponsor or book events on School premises will, as a condition of the School authorities accepting a booking, confirm their agreement to comply with all provisions of this Code, with the prescribed procedures and with such reasonable requirements as the School may make.

5.2

The School authorities will require anyone wishing to book its facilities for an event or other meeting to meet such reasonable requirements as the School may make including appropriate organisational arrangements for the event, 5 working days' notice of meeting and submission of the prescribed form. Procedures exist for arrangement of emergency meetings, with the permission of the School authorities in exceptional circumstances. These procedures are mandatory.

5.3

A reasonable charge may be made for use of a room on School premises and provision of services, including where necessary in the School's opinion, the provision of security, when booked by any person or organisation.

5.4

Where the School refuses or withdraws permission for an event, the School will make every effort to inform the person booking the event of its decision but irrespective of the circumstances, event organisers may not proceed with their event if they know or ought to know that School permission for it is not extant at the time.

6.

Responsibilities of members of the School and others admitted to the School's premises

6.1

Compliance with this Code is obligatory on all students and employees of the School; honorary and visiting staff of the School; and all persons authorised to be present on School premises, including visiting speakers.

6.2

All students and employees of the School; honorary and visiting staff of the School; and all persons authorised to be present on School premises, other than visiting speakers, have the responsibility under this Code to take steps consistent with their personal safety to ensure that freedom of Speech within the law is enjoyed on School premises. Visiting speakers are expected to obey all those parts of the Code applicable to the purpose of their visit, in particular clause 3.3.5(a) concerning the bounds of lawful free speech.

6.3

All those attending a meeting, whether members of the School or not, must, as a condition of admittance to School premises and to the meeting itself, observe good order. Good order in a meeting on School premises means that the speaker(s) can be heard clearly. Any conduct which is engaged in with a view to denying the speaker a hearing, including interference with access to or egress from the meeting, and interference with the conduct of the meeting, is contrary to the Code.

7.

Sanctions

7.1

If any person is dissatisfied with the School authorities' exercise of their responsibilities as set out in Section 1 and 3 of the Code or with the Students' Union's exercise of its responsibilities as set out in paragraph 4 of the Code, he or she may appeal personally or in writing to the Director; a report will be made to the Council on the action the Director then takes in response to such complaint.

7.2

If event organisers fail to comply with their responsibilities as set out in paragraph 5 of the Code, the School authorities may refuse or withdraw permission for the relevant event at any time, or terminate the event once begun. In the action they take the School authorities will bear in mind whether the organisers of the meeting are or are likely to be responsible for unlawful acts or whether persons not connected with the organisers, are or are likely to be responsible for such acts.

7.3

Action by any member of the School or other person contrary to this Code, will be regarded as a serious disciplinary offence and, subject to the circumstances of the case, may be the subject of proceedings under the relevant disciplinary regulations, as promulgated from time to time.

7.4

Action by anyone who is not a member of the School, including a visiting speaker, contrary to this Code, may result in the withdrawal of his or her licence to be on School premises, resulting in future exclusion from the School's premises or action for trespass if necessary.

8.

Operation and interpretation of the Code

8.1

The Council will be responsible for policy issues connected with interpretation of the Code, and will consider matters relevant to the Code as circumstances require. After appropriate consultation in the School the Council will review and approve the Code every three years.

8.2

The Director will be responsible for appeals made under clause 7.1 of the Code.

8.3

The Secretary and Director of Administration of the School is appointed by the Director to be responsible for the day to day operation of the Code.

8.4

In the event of disciplinary proceedings, interpretation of the Code will be entirely a matter for the relevant disciplinary body.