Questions and answers

The term “freedom of speech” as used in Policy 8 arises out of the broader right to freedom of thought, belief, opinion, and expression. Free expression, and free speech under Policy 8, includes any activity that attempts to convey meaning.

The right to free speech is not absolute and can be limited to protect other rights and important University values.

Free speech at the University is based on the following three premises:

1. Engaging in the pursuit of truth and successfully discovering it is inherently beneficial.
2. We aim to promote and support people’s involvement in making decisions about the world around us.
3. We aim to create a tolerant and welcoming environment that values different ways people seek self-fulfillment and different forms of human flourishing, not only for the people expressing their ideas, but also for those who receive them.

Expression outside of these grounds may not be protected. In any situation where a concern is brought to the attention of the University, the case is assessed on criteria including:
 

• the nature of the expression at issue
• the value of the expression in terms of the three numbered premises listed above that free expression aims to promote;
• the nature of the limitation to free expression being considered; i
• the harm to the safety and wellbeing of the campus community that could result from allowing the expression; and in deciding on the proper balance, the University is guided by the values and principles essential to achieving the objects of the University (the pursuit of learning through scholarship, teaching and research within a spirit of free enquiry and expression) and also guided by a respect for the inherent dignity of community members, a commitment to social justice and equity, the accommodation of a wide variety of beliefs, respect for cultural and group identities, and the enhancement of the participation of individuals and groups in society.  Free speech is limited where the University can demonstrably justify the need to do so, based on the analysis of the factors listed above.

Instances where free speech may be limited include, for example:
 

• where the purpose of the expression is to prevent the free exercise of another group’s rights;
• where the expression is motivated by bias, prejudice or hate based on grounds protected by the Human Rights Code, or similar grounds;
• where the speech occurs for a purpose that breaches the Criminal Code of Canada; and
• where the expression aims to incite violence.

Through our consultations, we have heard concern about hateful and offensive speech and we have received questions about how the University handles opposing views on campus while maintaining a respectful and safe environment for our community. 

To be clear, the University does not tolerate hate, harassment or violence on our campuses. We have policies and procedures under which we can take action when hate, harassment or violence happens.

The University’s mission is to advance learning and knowledge through teaching, research and scholarship in an environment of free expression and inquiry. We have many arenas to discuss and debate ideas and issues in an honest and responsible pursuit of knowledge. We also have policies in place that protect free expression and academic freedom (Policy 8: Freedom of Speech). 

These freedoms require us to act responsibly. The right to academic freedom is not a license to say or do whatever one pleases. We expect that each member of the University contributes to a just and supportive community based on equity and respect.  (See Policy 33: Ethical Behaviour).

We also acknowledge that public discourse has become increasingly charged and we have heard from many in our community that this polarization has brought growing levels of discriminatory rhetoric online. It is incumbent upon decision-makers to prioritize the needs of groups that find themselves at risk, and do the work needed to properly ascertain what constitutes violence in an ever-changing virtual landscape. We will not tolerate any form of harassment in any university jurisdiction.

When sexual and/or gender-based harassment or violence occurs, UWaterloo encourages those who have been affected seek support from the Sexual Violence Prevention and Response Office (SVPRO). 

Please visit the Sexual Violence Prevention and Response Office (SVPRO) webpage for the most current information on reporting and supports available.

There are a number of associations, offices, units, and services offering support. TheConflict Management and Human Rights Office has a range of supports for anyone dealing with conflict, human rights issues or workplace harassment including a social media abuse help page. The Office of Equity, Diversity, Inclusion and Anti-Racism is also resourced to intake requests for support, and if appropriate will assign you a team member to identify next steps.
 
The University Communications team offers support for dealing with issues including handling media enquiries, message development and PR handling, social media support, and more. They can also act as spokespeople for the University in responding to email.
 
If you are in a situation involving unwanted touching or aggressive and threatening behaviour, you can consider contacting the Special Constable Service (ext. 22222 or 519-888-4911) or the Sexual Violence Prevention and Response Office.
 
The University’s Employee Assistance Program offers short-term, confidential counselling that includes face-to-face (flexible hours), telephone or online sessions for a variety of reasons. Services for students are available through Student Care.