Free speech just got freer

Joey Coleman, October 15, 2010 at 2:28 PM

In a precedent-setting case involving brothers who criticized a prof on Facebook, an Alberta judge ruled this week that the Charter of Rights and Freedoms applies at the University of Calgary in matters of student discipline. This could mean significant changes to the way universities deal with students across the country.

The ruling stems from an appeal by two University of Calgary students who were placed on probation by the university for their Facebook postings.

The case opens the door for students on campuses to have at least some protection through Charter rights. In light of recent actions by universities to clamp down on student activities both on-campus and online, the ruling could not come soon enough.

Universities have been using their "Charter-free" status to intimidate and punish their students in an manner that raises the question: What rights do students have?

Court of Queen's Bench Justice Jo'Anne Strekaf answered the question.

The students, identical twins Steven and Keith Pridgen, each wrote one post on a Facebook group called "I No Longer Fear Hell, I Took a Course with Aruna Mitra," which was created by a fellow student in the second-year Law and Society course at the university.

That fall, according to court documents, Steven Pridgen wrote on the group's wall  "Some how I think she just got lazy and gave everybody a 65....that's what I got. Does anybody know how to apply to have it remarked?"

It was a statement Steven would eventually be punished for.

The group did not attract the attention of university authorities until nearly a year later, when, in August, 2008, Keith wrote:

"Hey fellow LWSO. homees .. So I am quite sure Mitra is NO LONGER TEACHING ANY COURSES WITH THE U OF C !!!!! Remember when she told us she was a long-term professor? Well actually she was only sessional and picked up our class at the last moment because another prof wasn't able to do it ... lucky us. Well anyways I think we should all congratulate ourselves for leaving a Mitra-free legacy for future L.S.W.O. students!"

Professor Mitra filed a complaint about the Facebook group with Professor Wisdom Tettey, Interim Dean of the Faculty of Communication and Culture, on Sept. 4, 2008. The Dean quickly assembled a meeting with the 10 students who posted to the group.

Following the meeting, the 10 students were all found guilty of committing non-academic misconduct and ordered to apologize for posting to the Facebook group.

The university warned that failure to comply with the order "may result in further sanctions including, but not limited to, suspension or expulsion."

Both twins were placed on probation and they decided to appeal the ruling finding them guilty of misconduct.

Both students got legal counsel and advised the University of Calgary they wished to appeal to the University's Board of Governors, after an earlier appeal upheld their convictions.  The University denied them the ability to appeal, stating that probation for non-academic misconduct cannot be appealed to the Board.

In short, the University of Calgary took the idea that universities are exempt from the Charter to its extreme. By not granting the students the ability to appeal to the Board of Governors, the university opened the door for their successful appeal to the courts and have brought the Charter into effect at Canadian universities.

As Justice Strekaf wrote, "the University is not a Charter free zone. The Charter does apply in
respect of the disciplinary proceedings taken by the University."

Universities can no longer impose student punishments willy-nilly without due process and respect for Charter rights.

"Asn educational institution, the University should expect and encourage frank and critical discussion regarding the teaching ability of professors amongst students, even in instances where the comments exchanged are unfavourablele," she wrote.

Justice Strekaf's words should hang over the desk of every university administrator.

Tagged with speech, rights, free, charter, strekaf, alberta, ruling, calgary, pridgen |

Comments

Sure, the free speech rights of students should be respected. But, by the same token, a professor has the right to protection from slander (which is illegal, last time I checked). This is true for all citizens. So, if a student is going to engage in "frank and critical discussion" about a professor's failings, they had better be able to back it up. They can't just belittle professors to grind an axe.

Comment by Joe Blow - October 15, 2010 at 3:55 PM

Interesting legal findings. I won't name any names here but I have had some really terrible teachers at University. It's an unfortunate legacy of publish or perish. It's not that profs can't be great teachers AND publish it just doesn't happen that often. If you're focused on your research and you're trying to teach first year stuff it is easy to fall into the habit of just winging it in class because you have more interesting and profitable things to do with your time.

The lack of protection for students is why Rate your professor dot com has become a very popular outlet for students who feel ripped off.

Comment by rholtslander - October 15, 2010 at 4:09 PM

So if I read this right, these students got a lousy mark, posted in a public forum that they weren't happy with the teaching they received, and were required by the University to apologize to the professor for it - which they didn't bother to do and instead ran to the lawyers about their right to free speech? How embarrassing for the students that they are clearly not ready for the real world - where they will be held accountable for thier actions and lucky to be offered an opportunity to apologize.

Comment by Paul - October 15, 2010 at 4:11 PM

Excellent! Now profs can also name and publicly criticize problem students. N'est-ce pas?

Been waiting for this!

Comment by flash gordon - October 15, 2010 at 4:16 PM

University of Calgary... Come, Learn, Have your rights trampled...

Comment by Tom Miller - October 15, 2010 at 4:41 PM

I think professors - and public school teachers, for that matter - should be able to post ratings and comments about their students.

If there can be a "ratemyprofessor.com" or "ratemyteacher.com", certainly there is a use for "ratemystudent.com"

How about it?

Comment by Rick - October 15, 2010 at 4:59 PM

A slight correction-

"By not granting the students the ability to appeal to the Board of Governors, the university opened the door for their successful appeal to the courts and have brought the Charter into effect at Canadian universities."

Since the decision was made by the Court of Queen's Bench in Alberta, its ruling is only binding on universities in Alberta and not on the other courts of the country.

Comment by Kevin - October 15, 2010 at 6:04 PM

I think it's fine for students to say what they want on a whole bunch of issues - if it's not slanderous.

I'm not sure how it really helps his case. Giving a student 65 or less does not violate the Charter.

Comment by Don - October 15, 2010 at 6:18 PM

I'll respond and join the conversation later this evening.

I would like to respond briefly to Kevin.

You are correct in your interpretation, I have chosen to account for the fact that other courts will defer to this ruling in similar circumstances until such time as it is overturned on appeal.

In effect, any university infringing so greatly on student's Charter Rights will face a similar challenge and it is unlikely that a court in another province will disregard this ruling to allow the respondent institution to continue operating as a "Charter-free" zone.

- Joey

Comment by Joey Coleman - October 15, 2010 at 8:06 PM

Profs (like students) have a right to free speech. But they do not have a right to a job. Profs can criticize their students if they like, but as paid employees of the university they're going to be held to a higher standard of conduct. Maybe that seems unfair to you; but personally I think the fat paychecks and cushy tenure they receive more than compensates for such limitations. And no, I don't believe young students need to be held to that same professional standard. Sorry.

Regarding libel - I don't know what else was posted on the group, but the two posts quoted here don't strike me as libelous...

Comment by No One in Particular - October 16, 2010 at 11:29 AM

Having read, and noted above, the statements written on Facebook by these two students, I see nothing worthy of civic action against them.

This is especially true of Steven's comment about receiving a 65 mark.

The fact is that universiteis have taken advantage of their status as "charter-free" zones and this case was an extreme example of this trend.

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