Location: Juneau, Alaska
Federal Circuit: 9th Circuit
University of Alaska Southeast 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.
Sexual harassment also can occur in relationships among equals as when repeated unwelcome advances, demeaning verbal behavior, or offensive physical contact interfere with an individual’s ability to work or study productively.
Disciplinary action may be initiated by the university and disciplinary sanctions imposed against any student or student organization found responsible for committing, attempting to commit, or intentionally assisting in the commission of any of the following categories of conduct prohibited by the Code. …
1. physical or verbal abuse;
2. sexual harassment;
3. intimidation; or
4. other conduct, including hazing, which unreasonably interferes with or creates a hostile or offensive learning, living, or working environment.
While students are permitted, and encouraged, to decorate their personal space in a way that is reflective of their personality, interests, and self-expression, decorations that may be offensive or obscene may not be displayed in an area that others can see without entering the personal living space of the roommate or neighbor. For instance, political or religious propaganda that may be offensive to others, as well as sexually explicit material or profane images, should be kept on walls or surfaces within bedrooms rather than being displayed on doors and walls that can be seen in the hallway or in the common living areas of the apartment or suite. Additionally, such materials should not be displayed in windows or on exterior doors or hallway bulletin boards that subject passersby to the images or material. Students should be aware that offensive materials made visible to others may make for an uncomfortable or hostile living environment, and might even constitute harassment. Ultimately, the Residence Life Staff may remove such materials that are readily visible to others, or ask residents to do so.
[S]ome uses which are prohibited or restricted include the following: … Threatening or harassing communications. … Partisan political activity, e.g., sending email supporting a political party or group.
Spoken, Written and Symbolic Harassment
Definition: Spoken, written or symbolic harassment occurs when people insult, stigmatize or denigrate individuals or groups on the basis of race, religion, creed, national origin, ethnicity, gender, sexual orientation, age or physical ability. Examples of harassing behavior are cited below. The listing is not exhaustive, but is intended to inform the campus community about behaviors which cannot be condoned.
- The use of racial slurs or derogatory names directed at individuals which convey hatred to contempt for persons on the basis of the attributes listed above
- The creation of graffiti which conveys hatred or contempt for persons on the basis of the attributes listed above
- The display of symbols which are commonly understood to convey hatred or contempt for persons on the basis of the attributes listed above
- The use of telephone, electronic mail or paper mail (whether signed or anonymous) to convey hatred or contempt for persons on the basis of the attributes listed above.
Procedures for Addressing Spoken, Written and Symbolic Harassment
- It is the primary goal of the university to use its expertise at educating and counseling to correct the unacceptable behavior of those who act in ignorance and prejudice.
- It is understood that the university has limited means for addressing individuals who continue such behavior in those spoken, written or symbolic forms which are protected by the First Amendment. In such cases, the university will persist both in its efforts to educate and counsel people who evidence the behavior and in its support for the victims of the behavior.
- Whenever such expressions exceed the bounds of protected speech — i.e., are obscene, defamatory or inflammatory — the university will pursue the matter to the extent allowed by institutional policies and/or civil law.