Freedom of Speech Complaints Procedure

1. This Freedom of Speech Complaints Procedure (“this Procedure”) is made to support
   the enhanced duties that apply to the University pursuant to the Higher Education and
   Research Act 2017. These include taking reasonably practicable steps to secure free
   speech within the law as well as promoting the importance of free speech. These
   duties also apply to academic freedom for academic staff. This Procedure may be
   invoked in circumstances where it is alleged that the University has breached its free
   speech duties. It reinforces Imperial’s commitment to the fundamental importance of
   free speech by seeking to ensure that timely and appropriate action may be taken in
   circumstances when a complaint is upheld.
2. The University’s Freedom of Speech Code of Practice and Events Procedure explains
   that when there are concerns that there has been a breach of the University’s duties in
   relation to free speech and/or academic freedom that a complaint should be submitted
   under this Procedure.
3. This Procedure sets out:
      a) The process that will be followed upon receipt of a free speech complaint.
      b) The circumstances in which the complaint will be routed to another University
   procedure or elsewhere for investigation if appropriate.
      c) The process, following investigation, for referral to the Free Speech Complaints
   Panel.
      d) The circumstances in which a reporting party may request a review of a decision of
   the Free Speech Complaints Panel where a complaint is not upheld.
4. Responsibility for establishing and maintaining this Procedure lies with the University
   Management Board.

5. This Procedure applies to staff, students, honorary staff, visitors and authorised
external speakers of Imperial College London where any of those people consider the
University has breached its free speech duties in respect of them.

6. In this Procedure the following definitions apply:

Academic Freedom: the concept as broadly defined in sections VI and VII of
Recommendation concerning the Status of Higher Education Teaching personnel adopted by the General Council of the United Nations Educational, Scientific and Cultural Organisation (UNESCO) on 11 November 1997 (as set out in the Appendix to Imperial’s Ordinances); and protected in law, as in the Higher Education & Research Act 2017, so that academic staff are free within the law—

   i. to question and test received wisdom, and
   ii. to put forward new ideas and controversial or unpopular opinions,

without placing themselves at risk of being adversely affected through loss of their jobs or privileges by the university and/or the likelihood of their securing promotion or different jobs at the University being reduced (see Academic Freedom at Imperial).

Event: any activity or activities organised by students or staff of Imperial whether they
are held in any venue or location in the UK for which Imperial is directly responsible,
permanently or temporarily, on University premises, external premises (including
outdoor spaces), or virtual spaces on any University provided online platform (such as
Teams or Zoom when using University log in details). This includes events organised on
a University campus by third parties e.g. those using the space on a commercial basis.

External speaker: an individual or organisation who is not a current student, staff
member or honorary staff member at the University who has been invited to speak at an
event at the University and in respect of whom the University’s Event Procedure has
been complied.

Free Speech complaint: means a complaint that the University has not acted in
accordance with its free speech duties either as regards free speech and/ or academic
freedom.

Free Speech Complaints Panel: (“the Panel”): the body established by the University
to determine free speech complaints in accordance with paragraph 13.

Free Speech duties: the duties under Part A1-A3 of the Higher Education and Research
Act 2017 and include the duty on governing bodies of higher education providers to
take reasonably practicable steps to secure free speech within the law and the duty to
promote the importance of freedom of speech and academic freedom.

Investigation report: the report produced by the investigator under paragraph 11.
Investigator: a person appointed by the Registrar & University Secretary pursuant to
paragraph 10 to investigate the Free Speech Complaint.

Reporting party: any person or organisation listed in paragraph 5 who makes a
complaint under this Procedure regarding their concern that the University has not
acted in accordance with its free speech duties.

Students: enrolled undergraduate or post graduate students at the University.

University: Imperial College London (“Imperial”).

Visitor(s): an individual or organisation invited to the University who is not a current
student or staff member or honorary staff member at the University or the Imperial
College Union. This may include visiting researchers, visitors from partner organisations
and consultants.

Working day: Monday to Friday not including bank holidays or University Closure Days.

7. Where a reporting party considers that the University has breached its free speech
duties, a complaint should be made under this Procedure within 10 working days from
the date of being aware of the circumstances that give rise to the complaint.

8. The complaint must be in writing (which includes email) and addressed to the Registrar
& University Secretary at University.Secretary@Imperial.ac.uk and must:

   a) Where applicable, provide details of the event at which the alleged breach of free
speech duties occurred.
   b) Where an alleged breach did not occur at an event, provide details of the
circumstances in which it is alleged the breach of free speech duties occurred.
   c) Explain why it is considered that the University has breached its free speech duties.
   d) Include any supporting documentation.
   e) Where known, provide details of any witness(es) who could provide evidence of the
alleged breach.
   f) Explain what is sought by way of remedy of any alleged breach.

9. Anonymous complaints are not accepted under this Procedure.

10. Following the submission of a complaint, within five (5) working days the Registrar &
University Secretary will appoint a suitably qualified person to investigate the matter
(“the investigator”). They may as part of their investigation:

   a) Conduct an initial paper-based review.
   b) Determine whether the complaint ought to be dealt with under this Procedure or is
more appropriately referred elsewhere (in whole or in part) including for example, to
be considered:
         i. under the Student Discipline Procedure;
         ii. under staff procedures; or
         iii. by any other body or partnership organisation.
   c) Notify the reporting party if the free speech complaint is being routed elsewhere in
accordance with sub-paragraph (b) and provide relevant contact details.
   d) If the complaint is suitable to be dealt with under this Procedure, take such steps to
investigate as required which may include arranging a meeting with the reporting
party and/or other parties as appropriate.
   e) Obtain any further evidence as may be considered appropriate, which may include
representations from parties who may be affected by the complaint and any details
of the event at which the alleged breach occurred, where applicable.
   f) Consider the complaint and any information obtained as part of the investigation
and determine whether there is substance to the complaint.
   g) If the investigator considers that the complaint is without substance, the reporting
party will be notified that the complaint is not being considered further under this
Procedure and the investigator will provide reasons for their decision.

11. If the investigator determines that there is substance to all or part of the complaint,
details of the complaint together with the evidence obtained shall be provided to
Registrar & University Secretary in an investigation report no later than twenty (20)
working days from being appointed as investigator by the Registrar & University
Secretary.

12. No legal representation is permitted during any meeting the investigator may hold with
a reporting party or any other witness(es).

13. Upon receipt of an investigation report the Registrar & University Secretary shall
establish a Free Speech Complaints Panel (“the Panel”) within five (5) working days of
receipt of the investigation report.

14. The Panel shall comprise three members, including the Chair who will be the Registrar
& University Secretary; other members of the Panel will normally include a University
Consul or Pro-Consul and where the reporting party is a student, a student nominated
by the President of Imperial College Union.

15. The Panel shall convene at an appointed time no later than ten (10) working days from
being established to consider the investigation report and determine whether the
complaint may be decided upon the papers.

16. If the Panel considers that there are questions that it wishes to put to any party before
making a decision, the Panel may adjourn to a later date and cause the investigator to
send those questions to any party.

17. Exceptionally, the Panel might require the reporting party, any witness(es), or other
parties that it reasonably considers could assist it in determining a complaint to attend
a future meeting of the Panel in person to answer its questions.

18. To avoid this Procedure becoming adversarial no legal representation is permitted at
any meetings of the Panel where evidence is provided in-person.

19. When the Panel has considered the investigation report and any other information
obtained through its enquiries, it shall decide on the balance of probabilities whether
the free speech complaint is:

   a) Upheld in full.
   b) Upheld in part.
   c) Dismissed.

20. The Panel may decide the complaint by a majority vote.

21. When the Panel has made its decision under paragraph 19 it will produce a written
report (“the Panel’s Report”) in which it sets out its reasons for its decision; the Panel’s
Report must be sent to the reporting party no later than sixty (60) working days from
receipt of the free speech complaint.

22. Where the Panel upholds the free speech complaint in full or in part it must decide
what if any action is appropriate by way of remedy and include this and the reasons for
it in the Panel’s Report.

23. The Panel may be advised by the University’s Chief Legal Officer or their nominated
deputy on procedural matters and/or interpretation of the law, as required.

24. Confidentiality shall be maintained so far as is necessary to comply with legal
obligations, including data protection legislation.

25. A reporting party may seek a review of a decision where the Panel determines that a
complaint is to be dismissed in full or in part only on one or both of the following
grounds:

a) Procedural irregularity.
b) Evidence becoming available that it was not reasonably practicable to provide to
the Panel at the time the Panel was considering the complaint.

26. A reporting party may seek a review of a decision on remedy only on the grounds of
procedural irregularity.

27. The reporting party must submit a written appeal (Notice of Appeal) to the Provost
Provost@Imperial.ac.uk within five (5) working days of the date of the Panel’s decision
letter explaining:

   a) Why they consider that there was a procedural irregularity; and/or
   b) Detailing the new evidence and explaining why it was not reasonably practicable to
make this available to the Panel when it was considering the complaint.

28. Upon receipt of a Notice of Appeal the Provost will cause the investigation report and
Panel’s Report to be sent to them.

29. The Provost shall consider the evidence provided under paragraph 28 and may:

   a) Uphold the appeal in full or in part.
   b) Remit the matter to the same Panel for further consideration, in which case the
Panel’s new decision shall be final.
   c) Remit the matter to the Registrar & University Secretary to be considered by a new
Panel, in which case the decision of that new Panel may be subject to review.
   d) Substitute a different remedy to that imposed by the Panel.
   e) Dismiss the appeal in its entirety.

30. The Provost shall record their decision(s) and reasons in writing and send these to the
reporting party within ten (10) working days of their decision.

31. Save where the Provost has remitted the matter to the Panel for further consideration,
the Provost’s decision shall be final.
___________________________
Division of the University Secretary
Approved by UMB June 2025