California State University – East Bay

Location: Hayward, California
Website: http://www20.csueastbay.edu
Type: Public
Federal Circuit: 9th Circuit

Speech Code Rating

California State University – East Bay has been given the speech code rating Yellow. Yellow light colleges and universities are those institutions with at least one ambiguous policy that too easily encourages administrative abuse and arbitrary application. Read more here.

Yellow Light Policies
  • Executive Order 1072: Implementation of Title IX of the Education Amendments of 1972 and Related Sexual Harassment/Violence Legislation for CSU Students 13-14

    Speech Code Category: Harassment Policies

    “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.

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  • Standards for Student Conduct 13-14

    Speech Code Category: Policies on Tolerance, Respect, and Civility

    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.

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  • Posting Policy 13-14

    Speech Code Category: Posting Policies

    Signs not meeting the educational goals and mission of the University, containing false, misleading or fraudulent information or discriminating or offensive language are strictly prohibited.

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  • Standards for Student Conduct 13-14

    Speech Code Category: Internet Usage Policies

    Use of computing facilities and resources to send obscene or intimidating and abusive messages.

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  • Housing License Agreement: Community Living 13-14

    Speech Code Category: Policies on Tolerance, Respect, and Civility

    Residents are expected to report uncivil treatment of others, vandalism, and other violations of the license agreement.

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  • Housing License Agreement: Harassment and/or Assault 13-14

    Speech Code Category: Harassment Policies

    Any form of activity, whether covert or overt, that creates a threatening or harassing environment for any Housing resident, guest, or staff member will be handled judicially and may be grounds for immediate disciplinary action, revocation of the Housing License Agreement, and criminal prosecution.

    Verbal harassment is verbal behavior, either in words or gestures, which dominates, controls, or does another person harm. Verbal harassment occurs when unwelcome speech or conduct is so severe, persistent, or pervasive that it interferes with an employee’s work performance or a resident’s ability to participate in or benefit from an educational activity or program, or creates an intimidating, hostile or offensive working, living, or educational environment.

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Green Light Policies
  • Policy on Time, Place, and Manner of Free Expression 13-14

    Speech Code Category: Advertised Commitments to Free Expression

    Freedom of expression is a cornerstone of a democratic society and is essential to the educational process. Universities have a special obligation not only to tolerate but also to encourage and support the free expression of ideas, values and opinions, even where they may be unpopular or controversial.

    Freedom of expression is an individual right, and therefore is not restricted to place. While freedom of expression is encouraged everywhere on campus, the Agora Stage area is the most common place where individuals and groups assemble to exercise the right of free expression unless the space has already been scheduled in advance.

    Individuals may … without prior scheduling, distribute non-commercial written and printed materials in any outdoor area of the University (excepting roadways) or in any University building.

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  • Executive Order 1074: Systemwide Policy Prohibiting Discrimination, Harassment and Retaliation Against Students 13-14

    Speech Code Category: Harassment Policies

    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.

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  • Student Rights and Responsibilities 13-14

    Speech Code Category: Advertised Commitments to Free Expression

    Freedom of expression and academic freedom are essential. The university is an institution that recognizes unfettered freedom in the give and take of ideas and opinions.

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