1. Bias Response Teams: Designing for Free Speech and Conflict Resolution on the University Campus
- Author
-
Smith, Carson
- Subjects
Minority students -- Social aspects -- Laws, regulations and rules ,College students -- Social aspects -- Beliefs, opinions and attitudes -- Laws, regulations and rules ,Freedom of speech -- Educational aspects -- Laws, regulations and rules ,Arbitration (Administrative law) -- Laws, regulations and rules -- Management ,Discrimination in education -- Remedies -- Laws, regulations and rules -- Prevention ,Universities and colleges -- Services -- Laws, regulations and rules ,Committees -- Aims and objectives -- Services -- Laws, regulations and rules ,Government regulation ,Company business management ,Law ,Speech First, Inc. v. Schlissel (939 F.3d 756 (6th Cir. 2019)) ,Speech First, Inc. v. Cartwright (32 F.4th 1110 (11th Cir. 2022)) ,Speech First, Inc. v. Killeen (968 F.3d 628 (7th Cir. 2020)) ,United States Constitution (U.S. Const. amend. 1) - Abstract
University administrations have created Bias Response Teams (BRTs) as a means to navigate student-to-student campus disputes. BRTs both collect data on reported student conflicts as well as offer students conflict resolution, educational, and other university resources to manage their disputes. Yet these BRTs have been under siege in the courts, often challenged on the grounds that such systems chill students' speech. This Essay examines the structure and purpose of BRTs as well as many of the legal challenges they have faced in the past decade. It then intertwines this analysis with scholarship on dispute system design to explore how such university systems may be reconfigured in response to these legal challenges. Any solution should both maintain student resources and address concerns over First Amendment violations. As such, rather than fully stripping BRTs of their power, campuses should consider severing connections between their formal, punitive campus resources and BRTs while maintaining access to informal resolution options such as mediation and restorative justice practices., Table of Contents Introduction I. The Structure of University BRTs A. Reporting B. Meeting with BRT Staff C. Data Collection D. The Role of BRTs in Universities II. Legal Challenges [...]
- Published
- 2024