The following principles were developed to help ensure that the University maintains a campus environment that promotes a vibrant culture of intellectual exchange, open inquiry, free expression and inclusive engagement.
These principles and the rationale that informed them can also be found in the Task Force on Freedom of Expression and Inclusive Engagement full report
Principles of Freedom of Expression and Inclusive Engagement
University of Waterloo Mission
Principle 1: Commitment to the University of Waterloo’s Mission
In support of its mission, the University is committed to providing opportunities and forums to strengthen the University’s sustainable and diverse communities and for members of the University Community to pursue learning and knowledge through teaching, research, and scholarship, nationally and internationally, in an environment of free expression and inquiry, and inclusive engagement.
Principle 2: Rejection of Censorship
The University’s commitment to free expression requires it to reject censorship and refuse to inhibit ideas that may be perceived as unpopular, offensive, or controversial, within the bounds of the law.
Principle 3: Duty of Care
The University’s obligation to exercise its duty of care for the University community is fundamental to fostering an environment of freedom of expression and inclusive engagement. Duty of care and freedom of expression are complementary to one another. Duty of care and freedom of expression are complementary to one another.
Freedom of Expression and Academic Freedom
Principle 4: Free Expression and Inclusive Engagement
The University values free expression and inclusive engagement as mutually reinforcing principles: to defend one is to defend the other.
Principle 5: Canadian Charter of Rights and Freedoms
In accord with the Canadian Charter of Rights and Freedoms, the University is committed to freedom of expression.
Principle 6: Legal Limitations of Freedom of Expression
Speech and other expression that (a) meet the legal threshold of hate speech, criminal harassment, or other relevant provisions under the Criminal Code; (b) constitute an offence under the Ontario Human Rights Code; or (c) are restricted by other relevant legislation (e.g., Occupational Health and Safety Amendment Act, 2009; Ontario Bill 168) are not permitted.
Principle 7: Freedom of Expression and Academic Freedom
The University recognizes a clear distinction between freedom of expression, which applies to all individuals under the Canadian Charter of Rights and Freedoms, and academic freedom, which applies to those members of the University Community who have expressive employment responsibilities as teachers and researchers that would grant them academic freedom.
Institutional Autonomy, Neutrality, Impartiality, Restraint
Principle 8: Institutional Autonomy
The University relies on institutional autonomy in its mandate to fulfill its academic mission and execute its obligations as a public institution and an employer, as well as in its other roles as a university. This means that the university must take actions, make decisions, and use its institutional voice to lobby, promote, and effect its own activities, policies, and legal duties.
Principle 9: Institutional Neutrality
The University adopts the principle of institutional neutrality. This means that the University’s president, provost, other senior administrators, deans, and authorized spokespersons should refrain from making statements on social, political, or moral issues, on behalf of the University, out of concern that such statements politicize the University and constrain the academic freedom and the freedom of expression of individuals in the University Community.
Principle 10: Institutional Neutrality in Relation to Institutional Impartiality and Restraint
As an institution, the University remains neutral out of respect for free inquiry and its commitment to be a forum where all members of the University Community can freely debate diverse views without undue interference from the University. The University understands institutional impartiality and institutional restraint as underlying principles of institutional neutrality, and not as distinct and separate approaches.
Limitations on Freedom of Expression
Principle 11: Expression in the Classroom
Expression in the classroom is limited by the instructor’s exercise of academic freedom. Beyond ensuring that the courses are taught in a manner consistent with disciplinary norms, programmatic expectations, and established University policies, course instructors have the right to teach how they see fit, including as it relates to their own expression in the classroom. Students’ exercise of free expression in the classroom is validly limited by the pedagogical expectations and classroom management decisions of the instructor.
Principle 12: Expression in Research, Scholarship, and Creative Work
The pursuit of research, scholarship, or creative work exists within the exercise of academic freedom.
Principle 13: Intramural Expression
Intramural expression is protected by academic freedom and can be limited only when a faculty member fills a senior administrative role, upon which academic freedom is relinquished as a consequence of occupying this role. Students and non-academic staff contribute their voices as an exercise of their freedom of expression.
Principle 14: Extramural and Public Expression - Faculty
The University may not sanction faculty for lawful extramural speech, regardless of whether that speech relates to their area of expertise, and no matter how controversial or offensive the speech in question. The only example of a faculty member’s extramural speech that might warrant University investigation and sanction would be a faculty member who engages in demonstrably fraudulent claims under the cover of their university position or expertise.
Principle 15: Extramural and Public Expression – Students
While students generally do not enjoy academic freedom, there are no grounds for institutional punishment for extramural speech that does not violate the law or University policy.
Principle 16: Extramural and Public Expression – Non-Academic Staff
While non-academic staff do not enjoy academic freedom, there are no grounds for institutional punishment for extramural speech that does not violate the law or University policy.
Principle 17: Extramural and Public Expression – Senior Administrators
Senior administrators’ right of free expression and academic freedom is limited through the principle of institutional neutrality.
Principle 18: Campus Safety
The University must pursue campus safety in a manner consistent with the University’s commitment to free expression and inclusive engagement.
Principle 19: Supporting Initiatives that Foster Dialogue and Diversity of Viewpoints
The University commits to the development and support of a wide range of initiatives that encourage members to respond to distressful lawful expression with an educational, intellectual, and dialogical approach that raises understanding and consideration of diverse viewpoints.
Principle 20: Freedom to Debate, Assemble, and Peacefully Protest
All members of the University Community have the freedom to pursue knowledge, engage in debate, assemble, peacefully protest, and participate in expressive activity on campus in accordance with the law and University policy.
Principle 21: Peaceful Assembly, the Duty of Restraint, and the Limits of Peaceful Assembly
The University owes a duty of restraint in permitting ongoing peaceful assembly, even if protesters are technically trespassing and in violation of various University policies. While some degree of disruption is to be expected from peaceful assembly, and in light of the University’s duty of restraint, this form of expression must not hinder the University’s right to ensure that its core functions—teaching, research, and related activities—remain free from undue interference. Nor must this form of expression prevent the University from meeting its statutory obligations.
Principle 22: Partnerships Rooted in the University’s Mission and Principled Commitments
As part of its operational responsibilities, the University should establish partnerships with academic institutions, government agencies, private entities, or other bodies based on the principle that the relationship must not diminish or stand in opposition to the University’s mission or its commitment to institutional autonomy, freedom of expression, or academic freedom.
Principle 23: Responsible Investing
Responsible investing is an integral part of the University’s fiduciary duty to act reasonably and prudently. It is not a violation of institutional neutrality, but rather an exercise in institutional restraint, for the University to adhere to a broader environmental, social, and governance (ESG) or similar investing framework. And as part of the University’s responsible investment framework, the University should promote transparency by publicly disclosing its holdings and annually reporting on its ESG targets and progress.
Principle 24: Speaking Events
The University is obligated to allow lawful expression in the context of invited speakers and events organized by University members as well as by authorized third parties on the University campus. The University must not place restrictions on who is entitled to speak or on what topic beyond those restrictions recognized in law.