San Jose State University

Branch Campus of a School System

A red light university has at least one policy that both clearly and substantially restricts freedom of speech. Read more here.
Public or Private: Public
Special Status: None
Federal Circuit: Ninth Circuit
Head of Institution: President Don W. Kassing
San Jose State University
One Washington Square
San Jose, CA 95192-0002
408-924-1177
sjsupres@sjsu.edu
Website: http://www.sjsu.edu

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Do you have any information, updates, or changes regarding the policies at this institution? Let us know!

On this page, FIRE has excerpted policies that address speech and expression. You may download the full policy in .pdf form, below.

Policies on Diversity and Multiculturalism (Learn More)

No policies found.

Protected Group Harassment Policies (Learn More)

Office for Equity and Diversity: Publications- What is Racial Discrimination? 06-07
What types of behavior are prohibited at SJSU?
[...]
Ethnic slurs, racial “jokes,” offensive or derogatory comments, use of hurtful stereotypes, offensive pictures or drawings, or other verbal or physical conduct based on race are prohibited on campus.
Conduct directed at an individual’s race or national origin that degrades, humiliates, differentiates, or stigmatizes, has the intent or effect of unreasonably interfering with that individual’s education or work performance, or creates an intimidating, hostile, or offensive environment is unlawful racial discrimination and will not be tolerated at San José State University.
View full policy (PDF, 23 KB).

Sexual Harassment Policies (Learn More)

Office for Equity and Diversity: Publications- Sexual Harassment 06-07
To create a sexually hostile environment, the conduct must meet two requirements. 1. It must be subjectively perceived as abusive by the person affected. Courts differentiate between the perspective of a male or female victim. 2. It must be objectively severe or pervasive enough to create a work environment that a reasonable person would find hostile or abusive. The more severe the harassment is, the less frequently it needs to occur before it is unlawful; e.g. whether the conduct was physically threatening or humiliating, or an isolated offensive utterance.
Conduct constituting sexual harassment doesn’t necessarily involve sexual advances or other actions that are motivated by “sexual desire”. It is any unwelcome conduct occurring on the basis of the victim’s gender...Gender based conduct is unwelcome if the recipient did not initiate it and regards it as offensive. Some sexual advances are so crude and blatant that the advance itself shows that it is unwelcome.
Even if unwelcome conduct falls short of a legal violation, San José State University has moral and organizational reasons, as well as a Presidential Directive, to address and correct such conduct at its earliest stages.
View full policy (PDF, 28 KB).
Office for Equity and Diversity: Sexual Harassment 06-07
[T]he following list illustrates conduct that may be considered sexual harassment depending on its frequency and severity: * Demeaning references to one's gender * Comments about one's body or clothing * Repeated and unwanted staring, comments, or propositions of a sexual nature * Jokes about sex or gender-specific traits * Questions about one's sexual behavior * Display or transmittal of sexually suggestive posters, objects, or messages * Repeated non-reciprocated demands for dates or sex * Request for sex in exchange for grades, letters of recommendation, or employment opportunity
Sexual harassment is any unwelcome sexual or gender-based behavior that adversely affects a person's working or learning environment.
Depending on the frequency and severity of the conduct, sexual harassment can occur when one or more of the following circumstances are present: [...] The conduct has the purpose or effect of interfering with a student's academic performance, creating an intimidating, hostile, offensive or otherwise adverse learning environment, or adversely affecting any student.
View full policy (PDF, 58 KB).

General Harassment Policies (Learn More)

No policies found.

Policies on Tolerance, Respect, Sensitivity, Hate, and Hate Speech (Learn More)

No policies found.

Loyalty Oaths and Honor Codes (Learn More)

No policies found.

Mission Statements (Learn More)

The Mission of SJSU 06-07
View full policy (PDF, 30 KB).

Advertised Commitments to Freedom of Speech (Learn More)

Statement on Student Rights and Responsibilities 06-07
Academic institutions exist for the transmission of knowledge, the pursuit of truth, the intellectual growth of students, and the general wellbeing of society. As members of the academic community, students should be encouraged to develop critical judgment and to engage in a sustained and independent search for truth. Freedom of inquiry, expression, and action are indispensable to the attainment of these goals.
View full policy (PDF, 22 KB).

Other Speech Codes (Learn More)

Information Technology Responsible Use Policy 06-07
It is a violation of this policy to use electronic means to harass, threaten, or otherwise cause harm to a specific individual(s), whether by direct or indirect reference. It may be a violation of this policy to use electronic means to harass or threaten groups of individuals by creating a hostile environment.
View full policy (PDF, 34 KB).
Student Organization On-Campus Events: Policies and Procedures 06-07
Level of security required for an event will be primarily determined by the type and time of event, location, expected attendance (and whether the event is closed, or open to the public), entry fee, anticipated level of impact on the campus and surrounding community, expected level of risk to the safety and well being of participants, staff, University Police and community members, and historical documentation for similar events, and/or previous events put on by the Event Sponsor. Other factors may also be considered...5. The appropriate scheduling office will contract any required security personnel, and will invoice the Event Sponsor for those costs.
Events must be scheduled in the appropriate office at least 45 days in advance of the event date.
All publicity, advertising, or tickets should accurately represent the event, must be in good taste (as determined by the appropriate scheduling office), and must be approved 30 days in advance of the event date by the appropriate office.
View full policy (PDF, 33 KB).

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The speech codes and policies above were last fully checked via internet and other research means by FIRE in May 2007. According to FIRE’s research the substantive policies are current at least until this date. Directory information, including the name of the president of the college or university, may have been updated more recently. If any policy has been revised, or if you believe that we are in error, please contact us.

Below, FIRE has excerpted policies affecting freedom of association and materials related to mandatory student orientations. Please note that the materials below this line do not affect a college or university's Speech Code Rating.

Mandatory Student Orientation Materials

No policies found.

Student Fee Policies Affecting Freedom of Association

No policies found.

Other Policies Restricting Freedom of Association

No policies found.