Location: Worcester, Massachusetts
Federal Circuit: 1st Circuit
Clark University 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
Sexual harassment consists of any unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature. This includes: submission to, or rejection of, such conduct that is made either implicitly or explicitly a term or condition of employment or participation in an education program; submission to, or rejection of, such conduct that is used as the basis for employment or academic decisions affecting a student; such conduct that has the purpose or effect of interfering with a student’s work or academic performance; or such conduct that creates a hostile or intimidating work or academic environment.
Harassment includes conduct that has the intent or effect of unreasonably interfering with a person’s life in the Clark community. Examples of harassment may include, but are not limited to the following: intimidation, threats, stalking, slurs, derogatory graffiti, internet posting or any conduct which endangers the health, safety or well-being of an individual or group.
Hate incidents include any act or attempted act by any person against another person, group, or property that has the intent of hostility towards the victim. Hate incidents may be based on a person’s race, gender, sexual orientation, religion, national origin, age, disability, ethnicity or social/political affiliation. Examples of hate incidents may include, but are not limited to the following: threats, physical assaults, or vandalism, including destruction of religious symbols.
Sexual harassment is defined as any unwelcome sexual advance or request for sexual favors or any conduct of a sexual nature when … such conduct has the purpose or effect of unreasonably interfering with an individual’s employment or academic performance by creating an intimidating, hostile or offensive working, living, or educational environment.
[I]t is the effect of behavior, as defined by the “reasonable person standard”, not the intent of the person who did the behavior, that determines sexual harassment.
Examples of the kinds of conduct that may be considered inappropriate behavior, sexual misconduct, or sexual harassment include, but are not limited to: * Unwelcome sexual propositions, invitations and solicitations; * Unwelcome verbal expressions of a sexual nature, including graphic commentaries about a person’s body, dress, appearance, or sexual activities; * Unwelcome inappropriate contact such as patting, tickling or brushing up against a person; * Demands or requests for sexual favors, accompanied by implied or overt promises or threats concerning an individual’s academic or employment status; * The creation of a hostile environment by the display or exposure of literature, materials, or actions perceived to be sexual in nature (e.g. pin-up calendars, offensive joke telling, etc.). These actions in and of themselves are not always considered sexual harassment, but when performed repeatedly, or in a manner designed to humiliate or intimidate another, can be found to meet the definition.
It is also a violation to deprive
anyone who is exhibiting freedom of expression
the opportunity to speak or be heard, to physically
obstruct their movement, or to otherwise interfere
with academic freedom.
Clark University students have the rights to express their ideas, thoughts and opinions, both individually and in manners of forum or protest, without fear of censure or retribution from members of the Clark University community.
The University cherishes the diversity of values and perspectives that are part an academic institution and so is respectful of freedom of thought, inquiry and expression. Users are free from censorship in expressing their views through electronic communications facilities (including, but not limited to, e-mail and “chat” programs) as long as their views are not represented as the views of Clark University.
It is important that users recognize that such open access carries some risk of access to information that might be considered offensive or unorthodox.
Free Speech Prevails at Clark University: Student Group Overcomes President’s Heavy Hand, Allowed to Bring Controversial Speaker to Campus
April 22, 2009
The past few weeks have been dismal for free speech rights at Massachusetts colleges, most recently at the University of Massachusetts Amherst, with the brandishing of the “heckler’s veto” to disrupt a speech by Don Feder and the prevention of distribution of the conservative student paper The Minuteman. These incidents have been compounded by the serious failures of the UMass administration, police, and student government to respect and uphold First Amendment rights. Fortunately, Clark University seems to have avoided a similar fate, though not without a few bumps of its own. In February, Clark University Students for Palestinian Rights (CUSPR) […]» Read More