POLICY ON FREEDOM OF EXPRESSION AT SETON HALL UNIVERSITY SCHOOL OF LAW

Purpose

The purpose of this policy is to protect the rights of Seton Hall University School of Law (“Law School”) faculty, students, administrators and staff to communicate ideas that may be controversial or unpopular, including through robust debate, demonstrations, or protests, and in compliance with the requirements of the American Bar Association. This policy will be administered in accordance with our Catholic mission and the teachings of the Catholic Church.

Scope

This policy applies to all Law School students, faculty, administrators, and staff members.

Policy

Seton Hall University (the “University”) values, encourages and supports the free expression of ideas of and by its Law School faculty, administrators, staff, and students, as well as invited speakers at the Law School. To maintain a safe and respectful learning environment, the University strictly prohibits disruptive conduct that hinders free expression by preventing or substantially interfering with the carrying out of Law School and/or University functions or approved activities, such as classes, meetings, library services, interviews, ceremonies, and public events. Such conduct is not protected under this policy. The University also proscribes physical coercion or intimidation, threats of violence, and other disruptive conduct as a means of communicating ideas that would prevent reasoned debate. Further examples of disruptive conduct are included in the Law School Honor Code, the Law School Faculty Guide, the University Administrator & Staff Employee Handbook, the Law School Student Protest Policy, and other University policies.

The University strictly prohibits expression that violates the law and/or University policies, that endangers the University community, that falsely defames a specific individual, that constitutes a genuine threat or harassment, or that unjustifiably invades substantial privacy or confidentiality interests.

Nothing in this Policy shall be construed to affect the University’s authority to reasonably regulate the time, place, and manner of expression. Speech of Law School employees in non-faculty roles may not be protected when they are speaking within the scope of their official duties.

The University is not required to invite or permit any speaker onto its premises or to participate in University events.

The Seton Hall University Statement on Academic Freedom Beyond the Classroom https://www.shu.edu/provost/afbc-statement.html applies to the School of Law, as to the rest of the University. As set forth in the University Statement:

As a Catholic institution, one founded by and related to the Archdiocese of Newark, Seton Hall promotes an environment where the virtues of justice, charity and scholarly humility are strongly fostered—and where profound respect for all others, in both speech and action, is a distinguishing mark of members of our community. All are expected to adhere to these high standards.

Of course, any event sponsored by Seton Hall necessarily involves the university's identity and reputation. In the interest of cultivating a spirited culture of dialogue and a challenging educational environment, all speakers, performances and exhibitions will ordinarily be warmly welcomed on campus. Nonetheless, it remains within the university's purview not to host those persons or performances egregiously opposed to the fundamental values and beliefs of Seton Hall. Members of the executive cabinet, according to their distinct areas of expertise, will be ultimately responsible for such decisions. This exception should be exercised with restraint and only in extraordinary circumstances.

Responsive Action

1. Review of complaints against a faculty member, administrator, or staff member will be guided by the Law School Faculty Grievance Committee Rules, the Employee Code of Conduct (University Administrator & Staff Employee Handbook), or the collective bargaining agreement in effect between the University and the appropriate bargaining unit, as applicable.
2. Review of complaints against students will be guided by the Law School Honor Code (Seton Hall University School of Law Honor Code) or the Code of Student Conduct (Seton Hall University Student Code of Conduct), as applicable.
3. The University reserves the right to take appropriate responsive action and impose discipline for violation of this policy, up to and including, the termination of employment or expulsion from the University.

Related Policies

Responsible Offices

Office of the Provost
Office of EEO and Title IX Compliance
Department of Human Resources
Division of Student Services

Approved

Approved by Msgr. Joseph Reilly, President, on the recommendation of the Executive Cabinet, on December 10, 2025.

Effective Date

December 10, 2025