Location: Kutztown, Pennsylvania
Federal Circuit: 3rd Circuit
Kutztown University of Pennsylvania has been given the speech code rating Yellow. Yellow light colleges and universities are those institutions with at least one ambiguous policy that too easily encourages administrative abuse and arbitrary application. 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
Harassment, a specific form of discrimination, is defined as any type of behavior based on gender, race, ethnicity, national origin, age, disability, religion, sexual orientation, gender identity or veteran status that is so severe or pervasive that it interferes with an individual’s work or academic performance or creates an intimidating, hostile or offensive working or academic environment. Harassment, whether verbal, physical or visual, that is based on a person’s protected class status, includes conduct affecting tangible job or academic benefits, interfering unreasonably with an individual’s work or academic performance, or creating what a reasonable person would sense is an intimidating, hostile or offensive work or academic environment.
Harassment, when directed at an individual because of his/her gender, race, ethnicity, national origin, age, disability, religion, sexual orientation, gender identity 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 or academic environment.
All individuals and organizations posting materials of any kind are expected to design and display their materials in a manner respectful of the diverse beliefs, opinions, and attitudes that exist in an institution of higher learning.
Materials for posting may not include any reference to alcohol ….
Materials that advertise activities, events or groups that do any of the following are prohibited: a. interfere with or be incompatible with the University’s statement on non-discrimination, as stated in the introduction to the University’s Undergraduate Catalog ….
Solicitation refers to such activities as recruitment, distribution of information materials, events promotion and other similar activities which do not include the sale of goods or services or solicitation of funds. … Solicitation may take place outdoors. The Director of Public Safety and Police Services, together with the Director for Student Involvement, will determine where the solicitation may occur. Exceptions to this requirement can only be made by the President of the University or designee.
Any group or organization planning to schedule a public demonstration or rally must meet with the Director of Public Safety and Police Services, or designee to describe the activity and seek permission.
All decorations in common areas in the residence hall must take into consideration that obscene, distasteful displays which are demeaning to an individual’s or group’s race, ethnic or religious background, and/or gender or ability, will not be permitted and will be removed immediately, at the discretion of Housing and Residential Services Office.
Harassment, or a pattern of behavior that involves verbal abuse or harassment, threats, intimidation, bullying, coercion, stalking, and/or other conduct which threatens or endangers the health and safety of another person or another person’s property.
Bullying, or the repeated and intentional harassment that has the effect of intimidating another person.
Use of the Internet, interactive, and/or digital technologies to harass, bully and/or stalk another person that has the effect of intimidating another person.
University students have the same constitutional freedom of speech, peaceful assembly, and right of petition as other citizens enjoy and are subject to the same civil laws and due process as other citizens.
Sexual advances, requests for sexual favors, and/or other verbal or physical conduct that is pervasive or severe may constitute sexual harassment when: … such conduct has the effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive working or academic environment.
March 1, 2006
My hearty congratulations to Kutztown University President F. Javier Cevallos. When radical leftists demanded free speech suppression of the College Republicans on his campus (The Morning Call, Feb. 24), he launched a principled defense of the individual right of free speech. Adhering to the best, classical-liberal tradition of open, honest debate, Cevallos arranged for a rational discussion of the controversial issue of affirmative action. Radical leftist university administrators and faculty frequently assault free speech on campuses across America. The methods used include: speech codes, political correctness, ”dispositions theory” expulsion of non-leftist students, grading down of non-leftist students, and ”I’m offended” […]» Read More
February 28, 2006
by Ralph De La Cruz Sun-Sentinel (Ft. Lauderdale, Fla.) Sometimes it’s good to be at the end of a peninsula. You’re separated and insulated. Which can be uncomfortable when the craziness is close at hand (see: Elian Gonzalez and the 2000 presidential elections). But a real blessing when you realize how screwed up things can be up there, in the rest of the United States. Today’s a good day to be on the peninsula. I say that after hearing about a bizarre expression of free speech on college campuses: bake sales. You probably haven’t heard about affirmative action bake sales […]» Read More
February 26, 2006
by Spencer Soper and Genevieve Marshall Baltimore Sun Kutztown, Pa. // When Ahmirah Cottman walked into the student center at Kutztown University this month, she was appalled by the insinuations she thought were being made by members of the college Republican club standing behind a table with cookies, brownies and cupcakes. Prices at the so-called “Affirmative Action Bake Sale,” which was actually against affirmative action, varied depending on the race of the customer, with whites paying more than minorities. “The sign said $1 for whites, 25 cents for blacks and women got a 25-cent credit, so they told me, […]» Read More
May 27, 2011
Until being fired in October 2009, Will Plouffe had been a tenure track professor in the Criminal Justice Department at Pennsylvania’s Kutztown University for just under two years. Transitioning into academia from his previous career as an attorney, Plouffe was seemingly well-suited for a long, successful career. So what happened? In Plouffe’s telling, the answer is depressing, and Plouffe’s fate now lies in the hands of a federal district court in Pennsylvania. Plouffe’s story begins during his first semester teaching at Kutztown, in the spring of 2008, when he was approached by the department chair with an unethical proposition. According […]» Read More
February 10, 2006
DePaul University, a private institution that proudly bills itself as the nation’s largest Catholic university, could learn a few lessons from Pennsylvania’s little-known Kutztown University. Earlier this week, the College Republicans at Kutztown did exactly what the DePaul Conservative Alliance tried to do—that is, they had an “affirmative action bake sale.” As FIRE’s recent press release on DePaul noted: Affirmative action bake sales are a widely used form of satirical protest against affirmative action. Organizers display a menu on which black and Hispanic students are charged lower prices than Asian and white students for the same items. The bake sales […]» Read More