University of California, Berkeley

Chancellors may impose discipline for the commission or attempted commission (including aiding or abetting in the commission or attempted commission) of the following types of violations by students, as well as such other violations as may be specified in campus regulations:
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Harassment by a student of any person. For the purposes of these Policies, ‘harassment’: a) is the use, display, or other demonstration of words, gestures, imagery, or physical materials, or the engagement in any form of bodily conduct, on the basis of race, color, national or ethnic origin, alienage, sex, religion, age, sexual orientation, or physical or mental disability, that has the effect of creating a hostile and intimidating environment sufficiently severe or pervasive to substantially impair a reasonable person’s participation in University programs or activities, or use of University facilities; b) must target a specific person or persons; and c) must be addressed directly to that person or persons.

Harassment that is not sexual in nature but is based on gender, sex-stereotyping, or sexual orientation also is prohibited by the University's nondiscrimination policies if it is sufficiently severe to deny or limit a person's ability to participate in or benefit from University educational programs, employment, or services. While discrimination based on these factors may be distinguished from sexual harassment, these types of discrimination may contribute to the creation of a hostile work or academic environment. Thus, in determining whether a hostile environment due to sexual harassment exists, the University may take into account acts of discrimination based on gender, sex-stereotyping, or sexual orientation.

Sexual harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when submission to or rejection of this conduct explicitly or implicitly affects a person's employment or education, unreasonably interferes with a person's work or educational performance, or creates an intimidating, hostile or offensive working or learning environment.
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In determining whether the reported conduct constitutes sexual harassment, consideration shall be given to the record of the conduct as a whole and to the totality of the circumstances, including the context in which the conduct occurred.

The following information outlines actions that are prohibited:
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Verbal abuse, threats, intimidation, harassment and/or coercion.

[T]he administration of this University publicly declares its expectation that all members of the campus community will work to develop and maintain a high degree of respect and civility for the wealth of diversity in which we are all fortunate to live and work together.

Hate crimes: any act of intimidation, vandalism, threat, harassment or physical force against any person, group or property motivated by bias against the victim's real or perceived race, ethnicity, religion, nationality, gender, age, disability, sexual orientation or political belief.

The University recognizes, supports, and shall not abridge the constitutional rights of faculty, students, or staff to
participate, either as individuals or as members of a group, in the political process of supporting candidates for
public office or any other political activity.

The time, place, and manner of exercising the constitutionally protected rights of free expression, speech,
assembly, and worship are subject to campus regulations that shall provide for non-interference with University
functions and reasonable protection to persons against practices that would make them involuntary audiences or
place them in reasonable fear, as determined by the University, for their personal safety.

The University is committed to assuring that all persons may exercise the constitutionally protected rights of free
expression, speech, assembly, and worship.

It is the responsibility of the Chancellor to assure an ongoing opportunity for the expression of a variety of
viewpoints.

All posters or flyers must be pre-approved by the
Associate Director of Residential Living or designee.

The Sproul Plaza and Lower Sproul Plaza have traditionally been designated as areas for public expression. These areas are open to the public generally between the hours of 6:00 a.m. and 12:00 midnight. Between the hours of midnight and 6 a.m., these areas are generally closed to all activities except coming and going to a University building or crossing the campus. During open hours Sproul Plaza and Lower Sproul Plaza may be used without reservation for discussion or public expression which does not require or involve sound amplification equipment. Space in both areas may be reserved through the Office of Student Life for use by recognized campus organizations or non-University groups in accordance with facility use regulations and established office procedures. However, use of these areas for discussion or public expression may be limited when such use interferes with the orderly conduct of University business or authorized events.

Examples of misuse include, but are not limited to:
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Using electronic mail to harass others.

14. May religious student groups require adherence to their particular
beliefs for membership?

University policy is not clear on this issue. While the Berkeley Campus Policy on
Non-discrimination, Section 20 in Appendix C of Supplemental Regulations,
issued Aug. 15, 1994, specifically prohibits discrimination on the basis of religion
(among other things), it is not clear that this policy applies to registered student
group activities.

Student groups are required to include and abide by the following statements:

Only currently registered students, faculty and staff may be active members in a registered student organization. Only active members may vote or hold office.

We will not haze according to California State Law; we will not restrict membership based upon race, color, national origin, religion, sex, physical and mental disability, medical condition (cancer-related or genetic characteristics), ancestry, marital status, age, sexual orientation, citizenship or status as a covered veteran (special disabled veteran, Vietnam-era veteran or any other veteran who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized).