Location: East Stroudsburg, Pennsylvania
Federal Circuit: 3rd Circuit
East Stroudsburg 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
Peer Sexual Harassments includes intentional persistent, malicious, lewd or other verbal or physical behavior with sexist or sexual connotations which annoys, bothers, disconcerts or embarrasses another by communication via media, telephone or printed material.
Specific types of sexual harassment include, but are not limited to, those items listed below; they do not limit the scope of the charges that may be brought to only these acts. 1. verbal harassment or abuse 2. subtle pressure for sexual activity 3. sexist remarks about a person’s clothing, body, or sexual activities 4. unnecessary touching, patting or pinching, leering or ogling of a person’s body 5. constant brushing against a person’s body 6. demanding sexual favors accompanied by implied or overt threats 7. physical assault
As an ESU Student:
By choosing to join this community, I accept the obligation to live by these common values and commit myself to the following principles: … I will support a culture of diversity by respecting the rights of those who differ from myself … By endorsing these common principles, I accept a moral obligation to behave in ways that contribute to a civil campus environment and resolve to support this behavior in others. This commitment to civility is my promise to East Stroudsburg University and its community of scholars.
As a member of this residence hall, I will abide by the standards and expectations established by this community. Specifically, I will strive to:
Refrain from using vulgar, foul or derogatory language, particularly in public areas.
The following types of behavior are examples of what may constitute sexual harassment:
* Verbal harassment including sexually offensive or chauvinistic language that is
severe and pervasive
* Inappropriate remarks about another’s body, clothing or sexual activities
* Subtle or overt pressure for sexual activity
* Inappropriate touching, patting or pinching
* Leering or ogling another’s body
* Generalized sexist remarks or behavior
* Inappropriate and offensive uninvited sexual advances
* Solicitation of sexual activity or other sex-linked behavior by promise of reward
* Sexual assault
* Coercion of sexual activity by threat of punishment
Harassment or intimidation of any person in a manner that causes that person to feel that his or her health and safety is endangered. This includes, but is not limited to, cyberbullying.
Any other actions deemed to be inconsistent with appropriate student conduct, as determined by the President of East Stroudsburg University.
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, whether or not accompanied by promises or threats, and other sexual conduct when: … such conduct is so severe or pervasive so as to create a hostile or abusive work or educational environment, which unreasonably interferes with work or educational performance, or negatively effects an individuals’ employment or education opportunities.
Harassment: is defined as any type of behavior based on race, color, national origin, religion, sex, disability, age, sexual orientation, gender identity or veteran’s status that is so severe or pervasive that it interferes with an individual’s ability in the work, learning or other university environment.
The student and the student organization shall be free to examine and discuss all questions of interest to them and to express opinions publicly or privately.
November 11, 2005
President Bush’s latest nominee to the U.S. Supreme Court, Samuel A. Alito Jr., is a federal appeals-court judge who has championed free speech on campuses while taking a skeptical view of policies intended to protect minority students from verbal harassment or give the minority employees of educational institutions an edge over their colleagues. Many Republican lawmakers and conservative commentators cheered the president’s announcement last week that he had picked Judge Alito to succeed Justice Sandra Day O’Connor, who plans to retire. But several liberal groups immediately declared their opposition to Judge Alito, and key Democratic senators made it clear […]» Read More
FIRE Cases Figure Strongly in ‘Chronicle of Higher Education’ Article on Retaliation Against Faculty Speech
August 3, 2011
The Chronicle of Higher Education‘s Peter Schmidt has an excellent article on the hair-trigger sensibilities of the college classroom, in which many professors have found themselves under fire for remarks seen as violent or threatening. Perhaps not surprisingly, given the free speech and academic freedom issues involved, several of the cases Schmidt cites in his piece are cases in which FIRE has been—or is currently—involved. Two of the cases Schmidt devotes significant coverage to in his article are cases with which FIRE has been intimately involved in recent months. The first, involving law professor Lawrence Connell of Widener University, concerns […]» Read More
April 5, 2010
East Stroudsburg University of Pennsylvania (ESU) has finally reinstated professor Gloria Gadsden this week after suspending her for more than a month, pending a psychological examination, because of comments about her students on Facebook. Taking actions that would have been worthless if Gadsden had truly presented a threat as the university asserted, ESU put her on paid administrative leave because she had posted obvious jokes including that she “didn’t want to kill even one student.” After FIRE intervened and a clinician found her fit for work, Gadsden returned to the classroom last week. Gadsden’s saga began in late February, after someone […]» Read More