Location: Bozeman, Montana
Federal Circuit: 9th Circuit
Montana State University – Bozeman 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
Non-Discrimination Policies and Discrimination Grievance Procedures: Sexual Harassment and Sexual Intimidation 13-14
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexual misconduct, and other physical or verbal conduct of a sexual nature, when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of academic participation or activity, educational advancement, or employment;
- Submission to or rejection of such conduct by and individual is used as the basis for employment or academic decisions that affect the individual;
- Such conduct is so pervasive or severe that it has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or limiting participation in University programs; or
- The intent or effect of such pervasive or severe conduct is to create an intimidating, hostile, or offensive academic or work environment.
Sexual Intimidation includes any unreasonable behavior, verbal or nonverbal, which has the effect of subjecting members of either sex to humiliation, embarrassment, or discomfort because of their gender.
Possessions or displays which are inconsistent with accepted standards or University policies should not be displayed on the outside of room doors or in general view of the public. This includes your room windows. For example, posters of nude men or women, and harassing or intimidating visual materials are generally considered inappropriate. Some room displays in public view may constitute a violation of University policies regarding racial and sexual harassment.
Use of computing facilities to send harassing or abusive messages.
GUIDELINES: RECOMMENDATIONS, NOT REQUIREMENTS: Examples of Misuse of Information Technology Resources
The following items represent, but do not fully define, misuse of information technology resources. Note that many of these examples may be considered appropriate uses of technology resources in specific academic contexts; determination of academic appropriateness is the initial responsibility of the user’s academic supervisor (e.g., instructor, department chair, dean, or provost). … Using resources for derogatory, racially offensive, sexually offensive, harassing, threatening, or discriminatory purposes.
Harassment includes but is not limited to verbal, psychological, graphic and/or written abuse directed at another, beyond a reasonable expression of opinion, which:
- is threatening or carries with it the intention to do bodily harm; or
- is unwelcome and unwanted behavior of a sexual nature that is severe, persistent or pervasive; or
- is harassment of a person on the basis of race, ethnicity, color, religion, sex/gender, sexual orientation or preference, age, national origin, disability, political beliefs that is severe, persistent or pervasive; and
- disrupts or undermines a person’s exercise of his/her responsibilities as a student, faculty or staff member including unreasonably interfering with a person’s educational or work performance.
March 5, 2012
Over on the Student Press Law Center’s blog, Frank LoMonte has an excellent post calling attention to a recent decision by a Montana state court in the case of Bozeman Daily Chronicle v. Montana State University. The case concerned Montana State University’s refusal to fulfill an open records request made by student journalists seeking documents about a professor’s alleged misconduct. The university had refused to turn over the records, citing the Family Educational Rights and Privacy Act (FERPA), a federal law that limits schools from disclosing student files in certain instances. But as the SPLC and FIRE know all too […]» Read More
October 6, 2011
Students at Montana State University – Bozeman (MSU) will now enjoy a much-improved right to engage in free speech and expressive activity on their campus. That’s because, as reported by the MSU student newspaper The Exponent, the Montana State University Council has passed a revised version of MSU’s Freedom of Expression Policy that appears to greatly expand the availability of campus space for speech activity. According to the Exponent article, Previously, free speech zones on campus were only located in front of Montana Hall, in front of Bobcat Stadium and on the sidewalk areas near the fieldhouse entrances. However, the […]» Read More