Location: Saint Paul, Minnesota
Federal Circuit: 8th Circuit
Macalester College 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
Students accessing “social networking services” such as Facebook, MySpace, Blogger, Twitter, and others should carefully read the terms and conditions set forth by such services. … In addition to violation of College policy, the posting of inappropriate material may subject students to criminal and civil penalties. As referenced in the terms and conditions of these networking services, students should refrain from posting material that is deemed to be criminal; harassing; racially, sexually, ethnically or religiously objectionable; defamatory; obscene; invasive of another’s privacy; or infringing of copyright.
This form should be used to report any event believed to have been hate- or bias-motivated and that happened to you at Macalester College or in the Twin Cities area. Your responses can be anonymous unless you chose to include identifying information on this form. … Nature of Incident (check all that apply): Derogatory jokes or comments based on a social identity (race, religion, sex, ability, religion, etc.) ….
Bias-related incidents refer to language, images or behaviors that demonstrate bias against another person based on but not limited to his or her membership in a group, based on race, ethnicity, national origin, sex, gender identity or expression, sexual orientation, disability, age, religion, or an individual’s particular characteristics, role, or behavior.
The College does value freedom of expression and the open exchange of ideas. This value of openness protects controversial ideas, but it does not protect harassment or expression of bias or harassment aimed at individuals that violate college policy.
Depending on the totality of the circumstances, writing a racial epithet in erasable marker on someone’s dry-erase board, making fun of another person because of his or her language or accent, or making insulting comments about someone’s traditional manner of dress or geographic origin are hypothetical examples of a bias-related incident.
Student Handbook: Student Rights, Freedoms & Responsibilities Document- Expression and Inquiry in Campus Activities 13-14
Students and student organizations are free to examine and discuss all questions of interest to them and to express opinions publicly and privately.
In general, harassment includes any verbal, written, or physical conduct that unreasonably interferes with or deprives someone with academic, social or work-related access, benefits, or opportunities in the College community. Harassment that is directed at a person’s actual or perceived race, gender, gender identity, sexual orientation, religion, disability or any other characteristic or behavior is prohibited at Macalester. Sexual harassment, specifically, is harassment of this nature that is gender-based. That is gender-based verbal or physical conduct that unreasonably interferes with or deprives someone of educational access, benefits, or opportunities.
What are often called hate incidents, may also be a form of harassment. Hate incidents are words or actions that target, threaten, or attack an individual or group because of their actual or perceived race, color, national or ethnic origin, religious affiliation, gender, disability, or sexual orientation. It becomes harassment when these words or deeds unreasonably interfere with or deprive someone of educational access, benefits, or opportunities.
For a behavior to be termed as harassment, it must be pervasive and constitute a pattern rather than 1-2 isolated incidents or have a pattern and/or degree of severity that the behavior reasonably interferes with or deprives the targeted person of employment, educational access, benefits, or opportunity.