University of Montpellier Charter on academic freedom

On February 3, 2025, the members of the Board of Directors approved the University of Montpellier's charter on academic freedom.

Preamble: Fundamental principles¹

Freedom of expression is generally protected by articles 11 of the 1789 Declaration of the Rights of Man and of the Citizen, 10 of the European Convention on Human Rights, 11 of the Charter of Fundamental Rights of the European Union and 19 of the 1948 Universal Declaration of Human Rights.

Freedom of expression is also specially protected for Professors, teachers and researchers.

It derives from academic freedom, a guarantee of independence, at the heart of the functions of Professors, teachers and researchers, by virtue of articles L.952-2 of the Education Code and L.411-1 of the Research Code.

Under the terms of article L.952-2 of the French Education Code, " Professors, teachers and researchers enjoy full independence and freedom of expression in the exercise of their teaching duties and research activities, subject to the reservations imposed on them by the principles of tolerance and objectivity, in accordance with university traditions and the provisions of the present code.

Academic freedom is the guarantee of excellence in French higher education and research. They are exercised in accordance with the constitutional principle of Professors independence.

Academic freedom has been qualified as a fundamental principle recognized by the laws of the Republic by the French Constitutional Council.² and by the Conseil d'Etat³.

Section 1: Protection of academic freedom by the University of Montpellier

Article 1. Academic freedom is understood as " the freedom to think and teach under the aegis of the State, but in complete independence ".⁴.

Article 2. Academic freedom presupposes a high degree of protection because the expression of the opinions of Professors, teachers and researchers, as well as their contributions to scientific debate and controversy, are in the general interest.

Article 3. The University of Montpellier is committed to academic freedom, in its exercise and protection, both individual and collective.

Article 4. The University of Montpellier generally protects the Professors, teachers and researchers for whom it is the employer, in the exercise of their academic freedom, by adopting proportionate measures where necessary.

Article 5. The University of Montpellier protects, in particular, the Professors, teachers and researchers for whom it is the employer, when they are implicated in " SLAPP proceedings ".⁵by granting them functional protection in accordance with articles L.134-4 and L.134-5 of the General Civil Service Code, when the conditions set out in these texts are met.

Article 6. The University of Montpellier protects the Professors, teachers and researchers for whom it is the employer, when they are whistleblowers, i.e. if they meet the conditions laid down by Law n°2016-1691 of December 9, 2016 relating to transparency, the fight against corruption and the modernization of economic life and by Law n°2022-401 of March 21, 2022 aimed at improving the protection of whistleblowers.

Section 2: Conditions for the exercise of academic freedom by Professors, teachers and researchers

Article 7. Academic freedom guarantees Professors, teachers and researchers the possibility of free scientific, creative and critical development in the fields of research and teaching.

Article 8. Academic freedom is understood, from the point of view of research, as the freedom to carry out scientific work, the freedom to publish the results of research, the freedom to disseminate scientific culture, the freedom to promote research and the freedom of public expression within the academic framework.

Article 9. Academic freedom also includes pedagogical and teaching freedom, and is understood to mean freedom in the choice of teaching aids, methods and practices, in compliance with current standards and practices.

Article 10. Academic freedom means that the conduct of teaching and research activities by Professors, teachers and researchers, is carried out freely and without threat or pressure, from public or private sources, exercised in any form whatsoever.

Article 11. Academic freedom covers the right of Professors, teachers and researchers to choose to work freely on questions which they deem relevant, in compliance with the norms and customs in force, in order to enable the dissemination of scientific information, culture and knowledge.

Article 12. The exercise of academic freedom obligesProfessor, teachers and researchers to adopt an ethical and responsible approach in all aspects of their activity (in particular research, teaching and the dissemination of scientific culture).

Article 13. The exercise of academic freedom, as the freedom to express a " belief, opinion or theoretical position expressed in an academically appropriate manner ".⁶requires theProfessor, teacher and researcher to respect the principles of reserve, tolerance and objectivity. Thus, the exercise of academic freedom does not mean that they can make any statement, including knowingly disseminating untruths or inaccurate or erroneous information, at the risk of damaging the image and reputation of the institution to which they belong. In the latter case, they are not entitled to functional protection and may be liable to disciplinary or even legal action.

Article 14. The exercise of academic freedom does not preclude theProfessor, teacher and researcher from respecting the obligation of neutrality under the conditions laid down for public employees by article L.121-2 of the General Civil Service Code, in their activities which do not relate to teaching and research (notably administrative functions, recruitment procedures).

Article 15. In accordance with the 1997 UNESCO Recommendation concerning the Status of Higher Education Teaching Personnel and the National Charter of Ethics for Research Professionals, Professors, teachers and researchers employed by the University of Montpellier, who express themselves publicly, in the context of their teaching or research activities, whatever the communication medium, including the media and social networks, must reflect, in an appropriate and detailed manner:

• how to present oneself without misleading the public;

• to specify whether they are speaking on behalf of the University of Montpellier or in a personal capacity;

• to specify whether they are speaking within the scope of their professional expertise and speciality;

• to specify that they express themselves in a personal capacity and not as staff of the University of Montpellier if the remarks do not fall within the scope of their professional expertise and speciality;

• declare any links or conflicts of interest;

• to put their position and opinion into perspective with other opinions, whether convergent or contrary, in order to guarantee the objectivity of scientific debate and knowledge (in application of articles L.952-2 and L.141-6 of the Education Code);

• to refrain from using insulting or defamatory language, between colleagues or towards people outside the University of Montpellier;

• to comply with the legal framework governing freedom of expression, applicable to all citizens, for comments made in a personal capacity outside the company's area(s) of professional competence and expertise. Such statements cannot be covered by academic freedom of expression.

1. All qualities referred to in this text shall be understood in both the feminine and masculine genders. ︎
2. Decisions n°83-165 of January 20, 1984 and n°2010-20/21 QPC of August 6, 2010. ︎
3. Decision 4 / 1 SSR of May 29, 1992, 67622. ︎
4. O. Beaud, Le savoir en danger. Menaces sur la liberté académique, PUF, 2021 ︎
5. This is the instrumentalization of justice by an individual or an institution, which aims to prevent or punish the expression of an opinion that would be prejudicial to it, in particular by involving the person formulating this opinion in a costly legal procedure, in order to intimidate him or force him into silence. These procedures alter the public beginning; see Directive (EU) 2024/1069 of April 11, 2024 on the protection of persons taking part in public debate from manifestly unfounded claims or abusive legal proceedings; see also L. Gay, Les procédures-bâillons : une menace démocratique ? L'état du droit (^1re partie), Légipresse 2023, 209. ︎
6. Challenges to academic freedom as a fundamental right report, League of European Research Universities (LERU), 2023. ︎