External speakers and event hosts

Last updated

• August 2021 – contact details and information relating to risk assessment
• February 2021 – sections 4.9 (alternative process arrangements) and 4.10 (children, young people, and young people with special needs as speakers)
• August 2020 – section 3.2 (definition of an event amended to include events held off campus and online. Links checked and amended.

To highlight any broken links or make any comments, please email events@sunderland.ac.uk.

1.0 Scope

This University of Sunderland (University) Events and External Speakers Policy ("Policy") applies to:

• All staff and students of the University (including at its London and Hong Kong campuses and at partner colleges in the UK)
• Any third party making a request to book premises at the University
• The University Students' Union.

This Policy must be applied in all cases where:

• A platform is being given to any external speaker or group of speakers
• An event associated in some way with the University (on or off campus and online), for example, involving the use of university money; the use of physical space in a University building; events organised, promoted, or branded by the University.

This may include, although is not limited to:

• All academic and social gatherings for staff or students of any size other than those occurring as a regular part of a programme on the scheduled academic calendar
• All stakeholder group gatherings for business or social purposes
• Off campus University-branded or partnership events involving students or staff
• The use of University premises for filming or external training
• Students’ Union events.

The University will take a balanced and proportionate approach to the application of this Policy and it is therefore not envisaged that it will apply to internal business meetings or the majority of normal University teaching (except that it will apply, to the extent stated in section 4.1 below, where that teaching involves the participation of external speakers who may potentially promote or advocate extremist views, is high profile, or speaks on a topic that is currently politically sensitive or otherwise controversial in nature).

This Policy complements and must be read alongside the Events and External Speaker Procedure and Code of Practice on Freedom of Speech.

2.1 Legal requirements and governance

Invitations to external speakers and hosting events play a central role in University life and allows staff and students to be exposed to a range of different beliefs that challenge views and develop opinions.

The University has a legal duty to monitor events and external speaker requests in line with the Government's Prevent Agenda and rights of freedom of speech so we can provide compulsory data returns to the Office for Students, in its role as principal regulator.

In addition, as an exempt charity, there is an expectation that the University will be vigilant in ensuring that its premises, assets, staff, volunteers, or other resources cannot be used for activities that may, or appear to, support or condone terrorist activities.

A Code of Practice on Freedom of Speech was approved by the Board of Governors in 1996 (and is kept under review) in compliance with its obligations under section 43 of the Education (No. 2) Act 1986. The procedures detailed in this Policy are intended to support that Code of Practice and are to be read alongside it.

2.2 Objectives

The Policy has the following objectives:

• To provide a good understanding of the legal context
• To ensure a high level of governance, reviewed when necessary and inline with the Office for Students 'Prevent Duty: Framework for monitoring in higher education in England'
• Clarity, visibility, and accessibility to ensure the Policy is followed as well as clearly stated sanctions for those who breach the agreed Policy
• A clear signposting to the process for managing requests for events or external speakers
• To clearly outline the appeal process
• To secure good working relationships with police, local authority, community groups, and others as required, to support decision-making.

3.0 Definition

3.1 Event

An event (for the purpose of this Policy) includes any gathering, whether on or off University premises, including virtual events held online, that involves an external speaker addressing a group or where that event is organised, promoted by, associated with, or branded by the University. This includes events hosted off campus at alternative venues and events hosted online.

3.2 Event organiser

The event organiser is the person responsible for making arrangements for the event to go ahead and, where an external speaker is involved, will initially assess whether that external speaker should speak or participate in the event. A member of the University of Sunderland Students' Union can be an event organiser for the purpose of this Policy.

 3.3 External speaker

An external speaker refers to anyone who is not an employee or a student of the University, who attends the University (or a University-branded event) to address an audience. This includes any individual who is a student or staff member from another institution (including visiting lecturers) or Students' Union. Within the scope of this Policy, the term 'external speaker' includes the individual, their message, their affiliations with other groups, and their media profile.

All external speakers must abide by the University’s External Speaker Code of Conduct.

Although most external speakers are not controversial, some may express contentious, or even inflammatory or offensive views. In some cases, their presence on campus may be divisive. The University must therefore ensure external speakers, and those individuals making the arrangements to host that external speaker, abide by its policies and procedures and that they must not:

• Incite hatred, violence, or call for breaking the law
• Encourage, glorify, or promote acts of terrorism or individuals, groups, or organisations that support such actions
• Spread hatred or intolerance in the community
• Insult other faiths or groups
• Raise or collect funds for any external organisation or other purpose without the express written permission of the University
• Discriminate on the grounds of gender, racial or ethnic origin, nationality, religion, marital status, age, disability, learning difficulties, sexual orientation or preference, unemployment, language, cultural or social background, or any other identifiable discriminatory cause
• Show images that are illegal or discriminatory
• Bully or harass any member of the community
• Do anything which would bring the name of the University into disrepute or damage public trust and confidence in it
• Cause any form of damage to University property, facilities, or services
• Disrespect the legal rights of others.

4.0 Process

4.1 Compliance with the Policy

This policy must be followed in all cases of event planning or requests for an external speaker. Event organisers should familiarise themselves with the policy before seeking approval; this is particularly important for events involving an external speaker or children and young people.

4.2 Approval

All University events must be approved in advance.

Event organisers must carry out an initial risk assessment of the event/external speaker, then seek authorisation before formalising the booking with the speaker or publicising the event. See Appendix C (Events and External Speaker Risk Assessment) for advice on undertaking an external speaker risk assessment.

Once the risk assessment is complete, the organiser must submit a request for approval a minimum of six weeks prior to their proposed event date. Approval forms can be submitted online via SharePoint.

In most cases, these should be submitted to the Dean/Director/Agreed Deputy. An up to date list of names of those responsible for faculty, service, or student union authorisation can be found here.

Where the University of Sunderland Students' Union is the event organiser, the authorisation request will go to the University’s Security Manager for approval.

4.3 Children and young people (including children and young people with special needs) as speakers

There may be times when young people under the age of 18, or young people with special educational needs up to the age of 25, may be invited to speak to staff or students. When this is the case, you should ensure that parent/carer permission has been sought. If the child or young person is representing an organisation, a representative from the organisation should be named as the external speaker for the purpose of approval. The child or young person should always be accompanied and supervised by a parent/carer or an organisational representative while on campus or during an online event.

4.4 Confirmation of an event/external speaker decision

If, having followed the guidance, the event organiser's dean/director (or agreed deputy) decides that the event or external speaker can proceed, they must email the event organiser and the university Communications team at notify@sunderland.ac.uk within five working days of receiving the request for authorisation, clearly stating that they give their permission to proceed.

All approved events and external speakers will be logged by the Communications team via notify@sunderland.ac.uk, who will act as a central repository for all requests, in order to comply with Office for Students data recording and statutory data returns, the only exception being those outlined in section 4.9.

The event organiser should then inform the external speaker in writing (email will suffice) that permission has been given, as well as signposting them to the external speakers page. Here, they will find the policy and associated documentation, as well as a declaration form that they must complete at least 15 days prior to the event date, which states that they understand and agree to abide by the said policies and procedures.

4.4. Referral to University Executive

Where the dean/director/agreed deputy is unable to reach a decision or for events of any of the following nature, this should be escalated to a member of the University Executive for a decision:

• Events that may pose any risk to the University's reputation or where the topic may be of a particularly sensitive nature, such as external speakers with contentious views
• Events that might impose a mid to high level impact on the day to day operational running of campus
• Events that require the use of campus facilities (buildings and grounds) for activities such as Emergency Services training exercises, outdoor cinemas, or sporting events, which may require the temporary closure of University facilities/spaces
• Televised events or external filming requests (except when the filming has been coordinated by our Media Team to support University media activity)
• VIP visits, including but not limited to, MPs, press/media, Councillors, and high profile industry experts. Staff should complete the VIP visit notification form and ensure their dean/director is aware.

4.5 Events/external speakers declined by University Executive

If a request is declined by the University Executive, they will notify the dean/director/agreed deputy, the event organiser, the Communications team, and the University’s Security Manager within ten working days.

The event organiser will then be responsible for sharing the decision with the host (where a third party booking is involved) or the external speaker in writing (email will suffice) stating the reasons for non-approval and the right of appeal (in accordance with section 5 below). This decision should be communicated to the speaker/third party host within a further two working days.

4.6 High profile events/external speakers approved by University Executive

Where the University Executive reach a decision that an event or external speaker can proceed, but also conclude this is likely to be high profile, may potentially promote or advocate extremist views, or will have a high impact (whether on reputation or by physical impact), the Executive will share the decision with the dean/director/agreed deputy, the event organiser, the Communications team (via notify@sunderland.ac.uk), and the University’s Security Manager.

Details of the mitigating conditions that must be adhered to in order for the event to proceed will be provided.

The event organiser will then be responsible for sharing the decision with the third party host or the external speaker in writing (email will suffice) outlining the mitigating conditions and signposting them to the external speakers page, requesting that they read the following documents and submit their online declaration form a minimum of 15 days prior to the event date:

• Events and External Speaker Policy
• External Speaker Code of Conduct
• Code of Practice on Freedom of Speech.

4.7 Ongoing assessment of approved, high-risk events

If a high-risk event/speaker is granted approval to proceed, the assessment process will remain ongoing and the University has the right to:

• Postpone the event until further notice
• Suspend the event with no notice (even during the event itself)
• Impose further conditions on the event taking place
• Withdraw permission for the event to go ahead.

4.9 Alternative process arrangements

(a) Venue Sunderland – The University’s commercial events business will risk-assess and maintain a record of its commercial bookings (paid for and pro bono) made for the purpose of private meetings and training.

If deemed necessary, bookings will be escalated to the University Executive for further consideration/decision, as outlined in section 4.4. Booking data will be available upon request for the purposes of audit, central monitoring, Office for Students data returns, and ad hoc checks.

Events booked through Venue Sunderland will continue to follow the standard University events and external speaker procedure.

(b) ERDF Enterprise and Digital Incubator – To allow for workshops facilitated by external speakers to go ahead at short notice, the ERDF Enterprise and Digital Incubator will build Events and External Speaker Policy and Procedures into its tender processes.

Facilitators/speakers will be risk-assessed once at the start of a contract and this risk assessment will be valid for the duration of the contract. Facilitators/speakers will be asked to review policy documentation and complete the External Speaker Declaration Form, prior to delivering workshops.

Upon request, ERDF Enterprise and Digital Incubator will provide data on each workshop and speaker for the purposes of audit, central monitoring, Office for Students data returns, and ad hoc checks.

5.0 Appeals

5.1 Appeal against a decision to refuse an event or external speaker

Any request to appeal a decision to refuse an external speaker/event must be made in writing within five working days of the date the decision was communicated (where this was by email, the communication date will be the date the email was sent, where it was by letter it will be two working days after the date of the letter). A right of appeal arises only from any of following:

• That the decision to refuse an external speaker/event was unreasonable and/or did not comply with this Policy
• An alleged infringement of freedom of speech.

5.2 Appeal against a decision to permit an event or external speaker

Any request to appeal a decision to permit an external speaker/event to proceed must be made in writing within five working days of the date when the appellant became aware of the decision to permit but not later than 48 hours before the planned date for the event or external speaker to take place. A right of appeal arises only in the following circumstance:

• That an external speaker/event is likely to breach the External Speaker and Events Policy if it goes ahead.

5.3 Appeals process

All appeals must be made in writing to University Secretary, 4th Floor Edinburgh Building, University of Sunderland, Chester Road, Sunderland, SR1 3SD.

A decision will be made in writing within 10 working days of receipt of the appeal. All appeals will be reviewed by the Vice-Chancellor (unless the Vice-Chancellor was required to make the decision under section 4.5 of this Policy, in which case the appeal will be reviewed by the Chair of the Board of Governors) whose decision is final.

5. Sanctions

Failure to observe the requirements of this Policy may lead to appropriate action by the University which:

(i) if committed by a member of staff shall be subject to the University's Disciplinary Procedure for staff;

(ii) if committed by a student shall be subject to the Rules in Respect of Student Conduct and Discipline;

(iii) if committed by an outside user (including University of Sunderland Students' Union) shall normally lead to refusal of subsequent requests for the use of University premises.

If any actions involve breaches of criminal or civil law, the University will cooperate with the relevant authorities as appropriate.

6. Sharing information

The University will strive to maintain good working relationships with the police, local authority, community groups, and other education institutions as they can provide the University with invaluable support in making informed decisions on events or external speakers. The University may decide to share with any of those bodies any decisions reached under this Policy.

7. Review

In order to comply with the University’s legal duty, its Board of Governors will formally review and, if necessary, revise this policy in line with the 'Office for Students Prevent duty: Framework for monitoring in higher education in England'.

8. Associated documents

• External Speaker Code of Conduct (Appendix A)
• Events and External Speaker Procedure (Appendix B)
• External Speaker Risk Assessment (Appendix C)
• Authorisation responsibility by faculty/department (Appendix E)
• Code of Practice on Freedom of Speech (Appendix F)
• Event planning toolkit.

This document should be sent to External Speakers prior to the event, along with the Events and External Speaker Policy, Code of Practice on Freedom of Speech, and External Speaker Declaration form, which should be returned to the Event Organiser and notify@sunderland.ac.uk.

Introduction

This code of conduct exists to ensure that all speakers taking part in a University of Sunderland branded, hosted, or run event or activity, or otherwise involved in a speaking engagement, on one of the University's Sunderland, London, or overseas campus or elsewhere, act in accordance with the University's Events and External Speaker Policy.

Context

Universities operate in a highly complex environment. It is therefore important that any external speaker understands the framework and context that governs speaking (or lecturing) at the University of Sunderland or its branded events.

The University has an obligation to protect Freedom of Speech while also ensuring that any external speaker does not break the law or breach the lawful rights of others. The University has a duty to protect staff, students, members, and visitors from hate crimes, harassment, defamation, breach of human rights, or unfair treatment, and to avoid placing them in an environment where there is a risk of radicalisation while they are at the University or its branded events.

In addition, the University must also consider legislation around health and safety law, public meetings, public processions/assemblies and public order, and data protection, which must be considered when allowing an event or external speaker to go ahead.

Conduct

The University expects external speakers to act in accordance with the law and not to breach the lawful rights of others. External speakers are also expected to follow any reasonable instruction relating to the management of health and safety.

Set out below are some examples of the University’s expectations. It should be noted that this list is not exhaustive and the University reserves the right to refuse or halt an event at any time if the speaker’s conduct or motives are called into question. External speakers must not:

• Incite hatred, violence, or call for breaking the law
• Encourage, glorify, or promote acts of terrorism or individuals, groups, or organisations that support such actions
• Spread hatred or intolerance in the community
• Insult other faiths or groups
• Raise or collect funds for any external organisation or other purpose without the express written permission of the University
• Discriminate on the grounds of gender, racial or ethnic origin, nationality, religion, marital status, age, disability, learning difficulties, sexual orientation or preference, unemployment, language, cultural or social background, or any other identifiable discriminatory cause
• Show images that are illegal or discriminatory
• Bully or harass any member of the community
• Do anything which would bring the name of the University into disrepute or damage public trust and confidence in it
• Cause any form of damage to University property, facilities, or services
• Disrespect the legal rights of others.

When visiting the University’s property or campuses, external speakers must also:

• Comply with the University's Code of Practice on Freedom of Speech
• Allow and encourage challenge and debate on opinions and ideas put forward
• Abide by the University's Health and Safety Policy.

Approved by Board of Governors on 19 May 2016.

Introduction

1. The Education (No. 2) Act 1986, section 43, imposes a statutory duty on the University:

(i) to take such steps as are reasonably practicable to ensure that freedom of speech within the law is secured for members, students, and employees of the University and for visiting speakers, and

(ii) to ensure, as far as is reasonably practicable, that the use of any premises of the University is not denied to any individual or body or persons on any ground connected with

(a) the beliefs or the views of that individual or of any member of that body; or

(b) the policy or the objectives of that body.

2. Freedom of Speech as established within the law is to be protected in particular within an institution of Higher Education. The holding and expression of views which are unorthodox or even offensive should not of itself prevent the holding of an event to express those views. Within an academic community, opposition to opinions should be by reasoned refutation, and not by denial of all opportunity to be heard, or by disruption of meetings or other events. In addition, freedom of thought, expression and of assembly and association are enshrined in law.

3. By this Code of Practice, the University of Sunderland, as an academic community of staff and students, seeks to uphold freedom of speech and academic freedom within the legal parameters.

4. The Act requires the Board of Governors to issue and keep up to date a Code of Practice setting out:

(i) the procedures to be followed by members, students, and employees in connection with the organisation:

(a) of meetings of such types as may be specified in the Code which are to be held on University premises, and

(b) of any other activities so specified, and

(ii) the conduct required of such persons in connection with any such meeting or activity.

5. For the purposes of the Act, premises occupied by the University of Sunderland Students' Union are deemed to be University premises.

Scope and general principles of the Code of Practice

6. This Code applies to all events, meetings, demonstrations, poster campaigns, and online campaigns, including use of social media and other visual material and activities ("events") which are to be held on University premises or campus (including events held in the open air or on premises occupied by University of Sunderland Students' Union), whether or not they include an external speaker, other than those which form part of regular course provision, together with all events held off campus which are organised, funded, or branded by the University, including events organised by individuals, groups, or societies using the University name or resources.

7. For the purposes of this Code, "events" includes events arranged as part of the teaching programme where these involve the participation of visiting speakers, and/or other persons who are not members, students or employees of the University.

8. Freedom of speech is not an unqualified privilege and must operate within the law. The University is subject to a range of legislation and obligations to ensure the safety and wellbeing of its students, staff, and visitors. Universities also have a duty under the Counter-Terrorism and Security Act 2015 to "have due regard to the need to prevent people from being drawn into terrorism", known as the 'Prevent' duty. The University will take all of this into consideration when determining whether the request to hold an event is approved or declined. An event will be declined where the substance or purpose of the event as proposed is likely, in the opinion of the University, to cause a breach of the law or cause the University to breach any of its statutory duties or where the arrangements for the orderly conduct of the event are considered by the University to be inadequate. For illustration purposes only (not an exhaustive list):

(i) examples of breaches of law which might arise include offences against public order, incitement to racial hatred, or to sexual or racial discrimination or harassment, and infringements of the health and safety requirements, or the provisions of entertainment and other licences applicable to the event;

(ii) examples of what might cause a breach of statutory duty by the University include failure to reasonably prevent discrimination or harassment of a particular person or group of people or the incitement of people to racial or cultural hatred by permitting an event to go ahead without due consideration or mitigation;

(iii) examples of inadequate orderly conduct might be a demonstration on campus without appropriate consideration, or inability to demonstrate consideration of security such that it may be considered likely to cause a public order offence.

9. In order to meet its legal obligations or to otherwise support it in the safe and secure management of the event and where it is appropriate and legal to do so, the University may share data with third party organisations.

10. All events must be authorised in accordance with the University of Sunderland Events and External Speaker Policy and related Event Guidance. Failure to observe the Policy and Guidance constitutes a breach of this Code.

Procedure

11. It is the responsibility of the Event Organiser (as defined in the Policy and for the purpose of this Code is also defined to include the host/hirer where the event is a third party event) to apply in writing for authorisation for events covered by this Code and that Policy by following the procedure set down in the Policy. Where the premises or any part of them are hired for the event by a third party, that third party must also complete the appropriate booking form accepting the University's standard conditions of facility hire and any other special conditions stated at the time of the booking.

Conduct of events

12. All duly authorised events are entitled to proceed without disruption, without interference with the entrance or exit of the speakers or the audience, without intimidation, and without threat to the safety of those attending.

13. When arranging or conducting any event, or when issuing an invitation to speak at an event, Event Organisers must be mindful that equality law prohibits universities, students' unions, and student societies from acts of direct or indirect discrimination against, or harassment of, student members or guests. Attendees must normally have the freedom to choose where they may sit (except where specific seating is designated for speakers, or space is designated for other legitimate reasons, for example, to meet disability access requirements, or where the activity is within the exemptions specified in the Equality Act 2010, such as a meeting held for the purposes of religious observance undertaken by the adherents of a particular faith). Event Organisers or external speakers must not place pressure on any woman to sit separately from men or vice versa as involuntary segregation will constitute unlawful discrimination. Genuine voluntary segregation is permissible, but the Event Organiser and the University would need evidence to satisfy themselves that any gender segregation was wholly and demonstrably voluntary, both at the booking stage and during the event.*

14. At all events:

(i) The Event Organiser has a duty to ensure, as far as reasonably practicable, that nothing in the preparation for or the conduct of the event infringes the law, and to secure that the audience and speaker(s) act in accordance with the law throughout the event. In the event of unlawful or disruptive conduct, the Event Organiser should give appropriate warnings and, if the conduct continues, require the withdrawal of the persons concerned or their removal. If necessary, the Event Organiser should terminate the event, and shall do so if so requested by a senior authorised officer of the University.

(ii) It is the duty of all persons attending the event to act in accordance with the law, and to recognise and observe the rights of others to freedom of speech and expression within the law.

(iii) Any external speaker (as defined in the Policy) must observe the Code of Conduct for External Speakers, a copy of which is appended to the Policy.

(iv) In the case of a breach of this Code, every effort is to be made to identify the offenders in order that appropriate action may be taken.

*The advice in this section is based on the 'Gender Segregation at Events and Meetings: Guidance for Universities and Students' Unions' issued by the Equality and Human Rights Commission (last updated 30 July 2014) pp 9-10.

General

15. Any breach of this Code may constitute a disciplinary offence which:

(i) if committed by a member of staff shall be subject to the University's Disciplinary Procedure for staff;

(ii) if committed by a student shall be subject to the Rules in Respect of Student Conduct and Discipline;

(iii) if committed by an outside user shall normally lead to refusal of subsequent requests for the use of University premises;

(iv) in addition to sub-sections 15 (i)-(iii) above, if any breach of this Code also involve a breach (or breaches) of the law, the University will assist the relevant authorities to implement the processes of law.

16. The process for appeals in connection with the decision on a request to hold an event is as set out in the Policy.

17. Any matters arising in connection with this Code may be reported to the Board of Governors and to the Higher Education Funding Council for England (HEFCE), as the University's principal regulator for charity law purposes.

18. This Code of Practice is established in accordance with the provisions of S.43 of the Education (No. 2) Act 1986 and is issued under the authority of the Board of Governors. It will be kept under review by the Board of Governors and will be amended when necessary, after prior consultation with interested parties.