Location: Brookings, South Dakota
Federal Circuit: 8th Circuit
South Dakota State University 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.
Speech Code Category: Bullying Policies, StatementBehavior may not meet the standard of
harassment, but is still unwelcome. Bullying infringes on the rights
of others and is manifested in verbal, physical, written or electronic
acts alone or in any combination that are that are contrary to the
goals of an educational institution. Students reporting bullying may
not feel the standard of harassment has been met but request the
behavior cease for their benefit. (Censure - Behavioral Probation)
Speech Code Category: Harassment Policies, StatementHarassment is a particularly harmful and illegal form of discrimination. It is SDSU’s policy that no form of harassment on any
grounds of employees, students, and others associated with SDSU is permitted. Harassment means behavior toward another
person that has the purpose or perception of creating an intimidating, hostile, or demeaning environment in order to interfere with
another person’s ability to participate in or to realize the intended benefits of a University activity, employment, or resource.
Sexual harassment is a particularly offensive form of discrimination. Sexual harassment may be established by showing that an
individual has been subjected to unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a
Speech Code Category: Harassment Policies, StatementOther conduct that is extreme and outrageous exceeding all bounds usually tolerated by polite society and that has the purpose or the substantial likelihood of interfering with another person’s ability to participate in or to realize the intended benefits of an institutional activity, employment or resource.
Speech Code Category: Advertised Commitments to Free Expression, StatementAcademic institutions exist for the transmission of knowledge, the pursuit of truth, the development of students and the general wellbeing of society. Free inquiry and free expression are indispensable to the attainment of these goals.
October 24, 2012
This fall, FIRE is writing a blog series about how schools can reform their problematic speech codes and earn a “green light” rating from FIRE—a distinction currently awarded to just 16 of the more than 400 schools in our Spotlight database but one we hope to be able to award to many more in the years to come. So far, we have discussed how universities restrict speech by mandating “civility” and by improperly broadening the definition of “harassment.” (Harassment, while not protected speech, is a term with a very specific legal meaning.) Today we tackle another common problem: restrictions on […]» Read More