The college’s administration has a homework assignment to carry out this semester, plopped in its lap by new Ontario (Conservative) Premier Doug Ford.
By January 1st of 2019, St. Clair and all of the college and universities in the province must have “Free Speech Policies” in place.
In late-August, Ford said, "Colleges and universities should be places where students exchange different ideas and opinions in open and respectful debate. Our government made a commitment to the people of Ontario to protect free speech on campuses. Promise made, promise kept."
A press release from the Premier’s Office explained:
Colleges and universities will have until January 1, 2019 to develop, implement and comply with a free speech policy that meets a minimum standard prescribed by the government, and based on best practices from around the world. The policy will not only protect free speech, but ensure that hate speech, discrimination and other illegal forms of speech are not allowed on campus.
To monitor compliance, colleges and universities must report annually on their progress to the Higher Education Quality Council of Ontario (HEQCO), starting in September, 2019.
Colleges and universities that do not comply with the free speech requirements may be subject to a reduction in operating grant funding.
Students whose actions are contrary to the free speech policy are subject to existing campus student discipline measures.
Any complaint against the institution that remains unresolved may be referred to the Ontario Ombudsman.
"Open debate and exchange of ideas are central to university and college education,” said Merrilee Fullerton, Minister of Training, Colleges and Universities (MTCU).
“Today's announcement will help protect free speech and foster learning environments that encourage freedom of thought, by making sure that all universities and colleges have a strong, clear and consistent free speech policy. We look forward to working with Ontario's universities and colleges to protect and promote free speech."
The policy must apply to faculty, students, staff, management and guests, and it must meet a minimum standard by including the following:
• A definition of freedom of speech;
• Principles based on the University of Chicago Statement on Principles of Free Expression, which include:
- Universities and colleges should be places for open discussion and free enquiry;
– The university/college should not attempt to shield students from ideas or opinions that they disagree with or find offensive;
– While members of the university/college are free to criticize and contest views expressed on campus, they may not obstruct or interfere with the freedom of others to express their views;
– Speech that violates the law is not allowed;
• That existing student discipline measures apply to students whose actions are contrary to the policy (e.g., ongoing disruptive protesting that significantly interferes with the ability of an event to proceed);
• That institutions consider official student groups' compliance with the policy as condition for ongoing financial support or recognition, and encourage student unions to adopt policies that align with the free speech policy;
• That the college/university uses existing mechanisms to handle complaints and ensure compliance. Complaints against an institution that remain unresolved may be referred to the Ontario Ombudsman.
The MTCU intends to direct HEQCO to undertake research on campus free speech, and to monitor and evaluate system-level progress on the free speech policy.
HEQCO would receive, review and assess each institution's annual report, and will provide advice to the Minister.
If institutions fail to comply with government requirements to introduce and report on free speech policies, or if they fail to follow their own policies once implemented, the ministry may respond with reductions to their operating grant funding, proportional to the severity of non-compliance.
Individuals who wish to make a complaint regarding free speech on campus will follow the usual complaints processes that colleges and universities currently have in place.
Any unresolved complaints against publicly-assisted universities and colleges about free speech may be referred to the Ontario Ombudsman, which has the power to investigate complaints about colleges and universities.
The perceived need for such policy development has, for the most part, been spurred by occurrences in the university sector – as opposed to colleges – particularly at some of the “politically volatile” Toronto-based universities, where Palestinian-versus-Israeli debates (for instance) rage almost constantly.
Politically, also, the Conservatives have objected to the perception that “right-leaning” professors and campus speakers have frequently been the subject of student protests at some universities.
Among the difficulties associated with this policy project is pinpointing what can sometimes be a thin line separating radical political philosophy from “hate speech” – not to mention that procedural problems associated with the policy's implementation could lead to funding reductions for the schools.
