Location: Pomona, California
Type: No Type Yet
Federal Circuit: 9th Circuit
California State Polytechnic University – Pomona has been given the speech code rating Red. A red light university has at least one policy that both clearly and substantially restricts freedom of speech. Read more here.
Red Light Policies
Physical/Written/Verbal Abuse or Harassment: Any violations may result in eviction from UHS property on the first offense.
Cal Poly Pomona supports a Zero Tolerance Policy on Campus Violence. Threats, racist/sexist/ethnic harassment, malicious pranks and abusive name calling by any member of the community or guest toward an individual or group that seriously threatens or alarms a person or group is prohibited. Causing physical or mental harm, intimidation, and/or the apprehension of physical or verbal harm to any person or self (including threats or attempts of suicide) will result in disciplinary action and/or arrest by the police, as appropriate. Harassment of any person and/or group, through any medium, including the Internet is not permissible.
Sexual Harassment: Any violations may result in eviction from UHS property on the first offense. Sexual harassment includes such behavior as unwanted sexual advances, unwanted request for sexual favors and other unwanted verbal or physical conduct of a sexual nature directed towards an employee, student, employment applicant or guest.
Students are expected to be good citizens and to engage in responsible behaviors that reflect well upon their university, to be civil to one another and to others in the campus community, and contribute positively to student and university life.
3. Posting printed flyers, announcements and signs to advertise upcoming events sponsored by recognized campus organizations is permissible under the following criteria: a. Postings must be approved by the Associate Director of Residence Life, or designee. … c. Postings that promote alcohol or other drugs will not be approved.
Lewd, indecent or obscene behaviors, whether through conduct or expression, which are not civil or respectful and which breach the peace within or around the residential facilities, other UHS property, or at any UHS-related function are not permitted.
Hate Incident: Not all expressions of hate or group bias rise to the level of a hate crime as defined in state and federal statute. A noncriminal act or incident, while not criminal, is done with the apparent intention to: harass, intimidate, threaten, retaliate, create conflict, because of a person’s race, ethnic/national origin, religious belief, sexual orientation, gender, or disability. Reporting and monitoring of hate incidents is important, as they may serve as indicators of potential threats and/or campus climate that may escalate into criminal acts.
Executive Order 1072: Implementation of Title IX of the Education Amendments of 1972 and Related Sexual Harassment/Violence Legislation for CSU Students 13-14
“Sexual Harassment” is unwelcome conduct of a sexual nature that includes, but is not limited to: sexual violence; sexual advances; requests for sexual favors; indecent exposure; and other verbal, nonverbal or physical unwelcome conduct of a sexual nature, where such conduct is sufficiently severe, persistent or pervasive that its effect, whether or not intended, could be considered by a reasonable person in the shoes of the individual, and is in fact considered by the individual, as limiting the individual’s ability to participate in or benefit from the services, activities or opportunities offered by the university. Sexual harassment also includes gender-based harassment, which may include acts of verbal, non-verbal or physical aggression, intimidation or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.
Non-commercial solicitation on a campus is prohibited unless prior written authorization has been obtained from the Campus President or designee. … Place: (1) in the University Park, northeast grassy area of the entrance to the Bronco Student Center, and (2) in areas so designated by the Office of Student Life and Cultural Centers.
Personal distribution of handbills and circulars, not otherwise prohibited by law, and which do not contain false or misleading advertising is permitted subject to the following time, place, and manner regulations. … Place: (1) in the University Park, northeast grassy area of the entrance to the Bronco Student Center, and (2) in areas so designated by the Office of Student Life and Cultural Centers.
All printed advertisements, announcements and signs must be identified with the name of the person or organization responsible in order for the material to be stamped by the OSLCC. Also, OSLCC must have the name, telephone and email of the contact person responsible for posted material by any group/individual. If any member of the campus community finds the material offensive or wishes further information, this contact information ensures the potential for dialogue and still guarantees the rights of expression under the First Amendment of the Constitution.
All posters, flyers, banners and signs must be stamped at OSLCC, indicating that they have met the above criteria.
Executive Order 1074: Systemwide Policy Prohibiting Discrimination, Harassment and Retaliation Against Students 13-14
Harassment means unwelcome conduct engaged in because of a Protected Status that is sufficiently severe, persistent or pervasive that its effect, whether or not intended, could be considered by a reasonable person in the shoes of the Student, and is in fact considered by the Student, as limiting the Student’s ability to participate in or benefit from the services, activities or opportunities offered by the University.
Sexual Harassment, as defined in California Education Code 212.5, consists of both non-sexual conduct based on sex or sex-stereotyping and conduct that is sexual in nature, and includes unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature where: … The conduct is sufficiently severe, persistent or pervasive that its effect, whether or not intended, could be considered by a reasonable person in the shoes of the Student, and is in fact considered by the Student, as limiting the Student’s ability to participate in or benefit from the services, activities or opportunities offered by the University.
While there will always be disagreements over what may constitute good taste or appropriate comment, there can be no question particularly in a university, that freedom of expression as guaranteed by the First Amendment of the Constitution, is a cherished and protected right.
Accordingly, the campus community is asked to be tolerant of differing points of view and to respect the rights of others to express themselves. While you may find certain materials to be quite offensive or even insulting, the appropriate way to counteract such materials is through discourse, criticism, and the expression of contrary points of view.