Location: Union, New Jersey
Federal Circuit: 3rd Circuit
Kean 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
The following types of information or software cannot be placed on any system on or off campus: … That which is abusive, profane or sexually offensive to the average person.
You must not harass other by sending annoying, threatening, libelous, or sexually, racially or religiously offensive messages.
No organization, group or individual may use University facilities or grounds without applying for and receiving approval from the appropriate University office.
The encased bulletin boards are available to all University-recognized student groups and campus offices. All postings must be approved and stamped by the Office of Residence Life prior to distribution. The following guidelines and criteria are necessary for approval to post or distribute publicity in the residence halls: … Discriminatory or derogatory material based on race, ethnic origin, gender, disability, age, religion or sexual orientation will not be accepted or tolerated.
Kean University students honor and value their community. Behavior that violates this value includes, but is not limited to: … Use of computing facilities to send harassing or abusive messages.
Kean University students show respect for each other, for property and for the community. Behavior that violates this value includes, but is not limited to: … Inappropriate conduct.
Bullying, defined as gestures or written, verbal, electronic, or physical acts that a reasonable person should know will cause physical and/or emotional harm of fear of harm to one or more individuals, often involving an imbalance of physical, psychological, and/or social power, occurring usually, but not necessarily, repeatedly and over time, and which is not speech or conduct protected by the first amendment.
Use of abusive or profane language to Kean University staff, Office of Residential Student Services administrators or other students.
Discriminatory harassment, including speech, actions or conduct which have the effect of depriving a member of the community of educational or employment access, enjoyment, benefits or opportunities. Merely offensive or annoying behavior may feel like harassment, but to rise to the level of a code violation, harassment must have the potential to cause a deprivation of the civil rights of a member of a protected class.
Recognized University organizations, groups or members of the campus community may utilize sites designated for the sale or distribution of literature, including leaflets, handbills, handouts, newspapers and other written material when not in connection with a scheduled University event by notifying the University Center Administration in accord with general University scheduling procedures at least 24 hours prior to the requested use. … Sites designated for the sale or distribution of literature includes, the main entrances to the University Center Atrium.
Kean University has a long-standing commitment to basic constitutional freedoms. These freedoms are important not only because they are guaranteed within the constitution, but also when considered in light of our University’s public dedication to the “transmission of knowledge, the pursuit of truth, the development of students, and the general well-being of society.”
A student will be found responsible for harassment, intimidation or bullying if he or she engages in conduct, including any gesture, written, verbal or physical act, or any electronic communication (which includes e-mails, text messages, and Internet postings on web-sites or other social media), whether it be a single incident or series of incidents, that occurs on the University’s campus, through use of University facilities, or at any function sponsored by the University or any University-related organization, on or off-campus; that is so severe or pervasive and objectively offensive that it substantially disrupts or interferes with the orderly operation of the University or the rights of any student or other member of the University community; and that: involves intimidation or threats to another person’s safety, rights of personal privacy and property, academic pursuits, University employment, or participation in activities sponsored by the University or organizations or groups related to the University; or a reasonable person should know, under the circumstances, will have the effect of insulting or demeaning any student or group of students; or creates an intimidating or hostile environment by substantially interfering with a student’s education, or by materially impairing the academic pursuits, employment or participation of any person or group in the University community, or by severely or pervasively causing physical or emotional harm to the student or other member of the University community; or a reasonable person should know, under the circumstances, will have the effect of physically or emotionally harming a student or other person or damaging the person’s property or placing him/her in reasonable fear of physical or emotional harm to his/her person, or to any member of that person’s family or household, or of damage to his/her property.