Institutional Approaches to Hate Speech
Recent political conflicts and world events have led to an alarming amount of hate speech, both online and on campus. Hate speech is an unfortunate reality, so colleges and universities must prepare to respond.
As students learn and explore new ideas, they sometimes have extreme opinions. While educational institutions generally welcome intellectual exploration, open debate, and the passion that often comes with it, boundaries are critical to maintaining community civility and shared discourse.
Follow These Restrictions and Requirements
- Public institutions must bear in mind that the First Amendment generally protects hate speech. As such, any responses to or limitations on hate speech at public institutions must observe the constitutional protections.
- Private institutions don’t have these same limitations and may choose to ban hate speech entirely.
- All institutions that receive federal financial assistance — both public and private — have a legal obligation to abide by Title VI of the Civil Rights Act of 1964. Title VI requires you to maintain an environment free from discrimination, including harassment, based on race, color, or national origin, including shared ancestry or ethnic characteristics (both actual and perceived characteristics).
In November 2023, the Department of Education’s (ED’s) Office for Civil Rights (OCR) issued a Dear Colleague Letter reiterating the Title VI protections and the OCR’s expectations that:
“Schools that receive federal financial assistance have a responsibility to address discrimination against Jewish, Muslim, Sikh, Hindu, Christian, and Buddhist students, or those of another religious group, when the discrimination involves racial, ethnic, or ancestral slurs or stereotypes; when the discrimination is based on a student’s skin color, physical features,
or style of dress that reflects both ethnic and religious traditions; and when the discrimination is based on where a student came from or is perceived to have come from, including discrimination based on a student’s foreign accent; a student’s foreign name, including names commonly associated with particular shared ancestry or ethnic characteristics; or a student speaking a foreign language.”
In this letter and prior guidance, OCR has held that schools must take immediate and appropriate action to respond to harassment that creates a hostile environment. Where the harassing conduct is “sufficiently severe, pervasive, or persistent so as to interfere with or limit the ability of an individual to participate in or benefit from the services, activities, or privileges” a school provides, Title VI requires the school to take “prompt and effective steps reasonably calculated to end the harassment, eliminate any hostile environment and its effects, and prevent harassment from recurring.”
Review Your Approach
Your institution should:
- Review your specific definition of hate speech. Even if your campus doesn’t prohibit hate speech, provide a detailed definition, since hate speech definitions vary.
- Explain the differences between hate speech and hate crimes. Be clear and consider a speech policy or time, manner, and place policy, especially at public institutions where hate crimes may be handled differently.
- Examine civility or honor codes or community principles as a way to discourage hate speech.
- Establish rules for flyers and other items posted around campus.
- Examine reporting options for campus community members who experience harassment.
- Craft protocols for administrators’ response to a hate speech incident.
- Create an institutional response team to address issues head-on.
- Write a plan for campus safety or law enforcement to collaborate with administrators when hate speech complaints are reported.
- Outline disciplinary guidelines detailing how hate speech complaints will be evaluated and how consequences will be determined,
- Prepare your Communications department or public relations team for how to handle internal and external statements and public responses.
- Make resources easily available for students and staff who experience or witness a speech incident.
- Educate students and community members about what speech is allowed. Use various scenarios and hypotheticals, trainings, or frequently asked questions.
- Consider campus initiatives, such as task forces or audits, to assess how hate speech impacts your community.
More From UE
Preventing and Responding to Campus Hate and Bias Incidents
Responding to Controversial Events on Campus: A United Educators Symposium
Minimize Unrest After Racially Charged Incidents Occur on Campus
Prepare for Violent Protests on Campus
Additional Resources
About the Author
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Christine McHugh, Esq., ARM
Associate Vice President of Risk Management
Christine is responsible for providing day-to-day management of the Risk Management department’s functional operations and works cross-functionally to advance the department’s ability to meet UE goals, objectives, and provide sound thought leadership to the educational community. Before being promoted to the role in June 2024, Christine was a Senior Risk Management Counsel. Her areas of expertise were employment law, sexual assault prevention, protection of minors, traumatic brain injury, and diversity, equity, and inclusion. Prior to joining the Risk Research team, she handled UE liability claims for several years. She previously practiced employment and higher education law.