Location: California, Pennsylvania
Federal Circuit: 3rd Circuit
California University of Pennsylvania 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.
September 19, 2005
The Pennsylvania House of Representatives brought together a committee to examine allegations that Pennsylvania’s public universities were plagued by liberal ideology and indoctrination. David A. French, at the time president of FIRE, served as a legal adviser to the panel. FIRE released FIRE Report on the First Amendment Responsibilities of Pennsylvania State-Funded Colleges and Universities, explaining that Pennsylvania universities are bound to follow the strictures of the U.S. and Pennsylvania Constitutions, notably to respect the expressive rights of students and faculty members, to protect religious liberty on campus, and to protect freedom of conscience on campus.» Read More
Red Light Policies
Do not send or store inappropriate messages. Examples include but are not limited to the following list:
b. Any sexually suggestive, pornographic or obscene material or material that a reasonable individual may find personally offensive or inappropriate;
h. Harassment or threats, including but not limited to, the distribution of defamatory, fraudulent, intimidating, abusive, or offensive messages.
Policy Statements and Compliance Procedures on Equal Education and Employment Opportunity and Social Equity 13-14
California University’s definition of sexual harassment is consistent with the guidelines of the Equal Employment Opportunity Commission’s current definition of sexual harassment. That definition includes unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. Examples include: … Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or education experience or creating an intimidating, hostile, or offensive work or educational environment.
Sexual harassment may take many forms, including deliberate or careless use of offensive or demeaning terms connected with a person’s gender or sexual orientation; sexually suggestive comments, compliments, jokes, innuendos, or questions; offensive displays ….
Harassment is defined as any type of behavior based on gender, race, ethnicity, national origin, age, disability, religion or veteran status that is so severe or pervasive that it interferes with an individual’s work performance or creates an intimidating, hostile or offensive working environment. Harassment when directed at an individual because of his/her gender, race, ethnicity, national origin, age, disability, religion or veteran status may include, but is not limited to: unwanted physical contact; use of epithets, inappropriate jokes, comments or innuendos; obscene or harassing telephone calls, e-mails, letters, notes or other forms of communication; and any conduct that may create a hostile working environment.
THREATENING BEHAVIOR INCLUDES, BUT IS NOT LIMITED TO: 1. Physical actions short of actual contact/injury (i.e., moving closer aggressively, waving arms or fists, yelling in an aggressive or
2. General oral or written threats to people or property (i.e., “you better watch your back” or “I’ll get you”),
3. Threats made in a “joking” manner,
4. Stalking behavior,
5. Hate speech, or
6. Implicit threats (i.e., “you’ll be sorry” or “this isn’t over yet”).
Student Handbook: Residence Hall Rules, Regulations and Policies- Approval for Posting Signs and Flyers 13-14
All postings without stamped approval or hung in unauthorized locations will be removed. Postings may not promote or advertise parties, alcohol/drug use or contain obscene language or graphic content.
Treating Others Fairly would require one NOT engage in the following: … Harassing behavior, meaning repeated, severe or pervasive actions directed toward specific individual(s) with the intent to harass or alarm including actual, attempted or threatened physical contact, and/or acts that serve no legitimate purpose.
Sexual Harassment is a form of sex discrimination and the University is obligated to address unwelcome actions and behaviors by a student toward another student or other person based on sex that is sufficiently severe or persistent so as to interfere with that student’s ability to participate in or benefit from the University’s programs.