Location: Arcata, California
Federal Circuit: 9th Circuit
Humboldt State 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
Please know that we will not tolerate intimidation or any form of harassment (i.e. racism, sexism, classism, heterosexism, religionism, ageism, citizenism, etc.) against any member(s) of our community and such action could lead to immediate removal. Likewise, we will not accept alcohol or substance use, ignorance, humor or anger as an excuse, reason or rationale for such behavior. Such behavior will be subject to severe disciplinary action that may include, but is not limited to, immediate removal from the residence halls and/or suspension from Humboldt State University.
When decorating your living area, please remember that you are part of a diverse community. We reserve the right to determine the appropriateness/reasonableness of decorations and to request the removal of and/or physically remove posters, signs and/or other forms of expression in public view that are perceived as offensive, degrading, discriminatory or which promote hate toward community members, including members of constitutionally protected categories. While we certainly support the rights of individuals to express thoughts and ideas, reasonable time, place and manner of that expression will be expected of all members of the residence hall community.
Bias-related incidents are completed, attempted, or threatened abusive or hostile acts against persons, property, or an institution that involve a target, or targets, selected on the basis of an individual’s or group’s actual or perceived race, color, religion, age, gender, ethnic/regional/national origin group, nationality, disability status, sex or sexual orientation (including gay, lesbian, bisexual and transgender).
An area of concern, but one which is particularly difficult for universities to deal with, is the area of “Hate Speech.” This area is difficult because of the nation’s deep commitment to free speech and all universities’ particular focus on free speech as a major component in the university learning environment. We believe that we can both maintain respect for free speech and engage a fruitful concern for “hate speech.” With this in mind, we define Hate Speech as: Hate speech is speech, text, images (written/spoken) presented in public that are designed to incite hatred, violence, contempt, or severe ridicule towards, or to intimidate or create terror or fear among members of racial, religious, or other groups (such as sexual minorities). Having an ongoing discussion of what constitutes bias and hate speech, in the context of the preservation of free speech, is an imperative part of the process of creating and maintaining a just and inclusive learning community.
Verbal or written abuse toward a staff member or another student will not be tolerated and will be grounds for judicial action, which may include removal from the residence halls.
Sexual harassment is defined as unwelcome conduct of a sexual nature when: … such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive working or learning environment.
The following consists of examples of behaviors that may lead to or constitute sexual harassment: … remarks about one’s actual or perceived gender, gender identity, marital status, sexual orientation or appearance … disparaging comments about a group based on their actual or perceived gender … the use of sexist humor or jokes about sex or gender specific traits ….
[F]or behavior to be considered sexual harassment the behavior must be sufficiently severe and pervasive to alter the conditions of the working or learning environment.
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.
Spontaneous events occasioned by news or affairs coming into public knowledge less than 48 hours prior to such event may be held in the Designated Public Forums described in Section VI as well as outdoors (other than turf athletics fields) without advance permission, and in University buildings with special permission of the President or the President’s designee.
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