Location: Santa Cruz, California
Federal Circuit: 9th Circuit
University of California, Santa Cruz 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
Examples of sexual harassment and discrimination include:
* Unwelcome sexual advances or requests for sexual favors.
* Unwelcome physical, verbal, or nonverbal behavior of a sexual nature or based on sex.
* Terms of endearment.
* Pressure for a date or “personal” relationship.
* Unwanted touching of any kind.
* Angry, intimidating and/or threatening behavior based on the person’s sex.
* Sexual jokes, comments, or innuendoes.
* Sex based cartoons or visuals that ridicule or denigrate a person.
* Employment decisions that are based solely or partially on a person’s sex.
Q: What are some examples of sexual harassment?
A: Sexual harassment is conduct that is unwelcome or uninvited. Examples include (not exhaustive):
* verbal, non-verbal, and physical sexual behaviors;
* coerced sex; sexual jokes and innuendoes;
* remarks about a person’s body;
* turning discussions inappropriately to sexual topics;
* whistling or cat calls; looking a person up and down or staring in a sexually suggestive manner;
* invading someone’s personal space or blocking her/his path;
* sexually explicit visuals such as pin-ups;
* suggestions of sexual intimacy;
* repeated requests for dates; unwanted letters, electronic mail or other computer communications;
* unwanted gifts;
* touching, hugging, massaging, and other gestures or sounds that a reasonable person of the same sex as the recipient would find offensive.
The University has determined that the following list, while not exhaustive, characterizes unacceptable behavior which may be subject to loss of access to eIRs, disciplinary action, and additional consequences of civil or criminal prosecution. … transmitting inappropriate mass messages.
In keeping with the UCSC Principles of Community, we expect students and their guests to refrain from any acts or behaviors that are directed at other members of the campus community, and that result in unlawful discrimination, harassment or bias for an individual or group, and/or that substantially disrupt University operations or interfere with the rights of others.
Not every expression of hate or group bias rises to the level of a hate crime as defined in state and federal law. Derogatory words or epithets directed against a member of a protected class — if not accompanied either by action with an intent to threaten harm with the ability to carry it out, or other applicable rules violations — are considered protected speech and not a hate crime.
Even when the incident is not a crime, however, the campus seeks to prevent and respond to these incidents by educating the campus community and providing a clear, accessible way to report experiences of hate or bias. Any communication or behavior that maligns another individual or group on the basis of race, color, national origin, religion, sex, gender identity, pregnancy, physical or mental disability, medical condition, genetic information, ancestry, marital status, age, sexual orientation, citizenship or service in the uniformed services, may be an incident of hate or bias within the scope of this policy. If the communication or behavior substantially disrupts or interferes with University operations or the rights of others, it may be subject to additional review and investigation consistent with the University’s student discipline procedures or employee personnel policies.
If you experience or observe behavior that is inconsistent with our Principles of Community, please report it.
You may report in a variety of ways:
*Report anonymously or by name, via this Campus Climate page, by selecting the University of California campus where the incident occurred from the list to the right and clicking “Continue”.
* Report anonymously to an appropriate campus office, based on the nature of the incident. Please refer to the website for the campus where the incident occurred.
* Report anonymously via your campus’ Bias Reporting page, by selecting your campus from the Local Bias Reporting menu above. If your campus does not appear on this list, there is no local reporting form available. Please use this form, instead.
* File a report with your Campus Police Department, via the Campus Police menu above.
Expressions of Bias: A general communication not directed toward a particular individual, which disparages a group of people on the basis of some characteristic ….
Hate Speech: Hate speech is any speech, gesture or conduct, writing, or display that may incite violence or prejudicial action against someone based on actual or perceived race, color, ancestry, gender, gender identity, ethnicity ….
UCSC expects that every campus member will practice these Principles of Community.
We strive to be:
- Diverse: We embrace diversity in all its forms and we strive for an inclusive community that fosters an open, enlightened and productive environment.
- Open: We believe free exchange of ideas requires mutual respect and consideration for our differences.
- Purposeful: We are a participatory community united by shared commitments to: service to society; preservation and advancement of knowledge; and innovative teaching and learning.
- Caring: We promote mutual respect, trust and support to foster bonds that strengthen the community.
- Just: We are committed to due process, respect for individual dignity and equitable access to resources, recognition and rewards.
- Disciplined: We seek to advance common goals through reasonable and realistic practices, procedures and expectations.
- Celebrative: We celebrate the heritage, achievements and diversity of the community and the uniqueness and contributions of our members.
We accept the responsibility to pursue these principles in an atmosphere of personal and intellectual freedom, security, respect, civility and mutual support.
The University of California defines sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: … Such conduct has the purpose or effect of unreasonably interfering with an individual’s performance or creating an intimidating, hostile, or offensive university environment. … Behaviors that may contribute to a hostile environment include, but are not limited to, verbal, non-verbal, and physical sexual behaviors; coerced sex; sexual jokes and innuendoes; remarks about a person’s body; turning discussions inappropriately to sexual topics; whistling or cat calls; looking a person up and down or staring in a sexually suggestive manner; invading someone’s personal space or blocking her/his path; sexually explicit visuals such as pin-ups; suggestions of sexual intimacy; repeated requests for dates; unwanted letters, electronic mail or other computer communications; unwanted gifts; touching, hugging, massaging, and other gestures or sounds that a reasonable person of the same sex as the recipient would find offensive.
The university is committed to assuring that all persons may exercise the constitutionally protected rights of free expression, speech, assembly, and worship.
Harassment is defined as conduct that is so severe and/or pervasive, and objectively offensive, and that so substantially impairs a person’s access to University programs or activities, that the person is effectively denied equal access to the University’s resources
and opportunities on the basis of his or her race, color, national or ethnic origin, alienage, sex, religion, age, sexual orientation, gender identity, marital status, veterans status, physical or mental disability, or perceived membership in any of these classifications.
December 26, 2012
Nothing is more clichéd in higher education than the selective invocation of freedom of speech. When students or professors challenge campus orthodoxies, administrators find a way to silence them. But when speakers take positions that are comfortable to the campus Left, administrators turn on a dime, suddenly posing as First Amendment purists.Greg Lukianoff, president of the Foundation for Individual Rights in Education (FIRE) and a liberal, observes that “you are far more likely to get in trouble on campus for opposing, for example, affirmative action, gay marriage and abortion rights than you are for supporting them.”Since support for Israel is […]» Read More
November 29, 2011
While some University of California schools are facing scrutiny due to their handling of students’ exercises of free speech and civil disobedience, others in the system have unfinished business protecting students’ free speech rights in their policies. All eight of the UC universities reviewed by FIRE have “red light” or “yellow light” ratings for restricting campus speech, and four of them have flouted UC President Mark Yudof’s 2009 directive to protect free speech in their policies regarding discriminatory harassment. UC Irvine, UC Riverside, UC San Diego, and UC Santa Cruz all have been rated by FIRE with a red light for […]» Read More
January 7, 2011
Free speech is not safe at California colleges—not by a long shot. That’s what investigative reporter Erica Perez found in FIRE’s 2011 speech code report, as she wrote yesterday for California Watch: A new report from a national free speech advocacy organization found most of the four-year universities it surveyed had speech codes that substantially limit students’ freedom of speech, including dozens of colleges in California. [...] Of the 33 California universities the organization rated, 64 percent got a red light, including San Diego State University, UC Santa Cruz and Claremont McKenna College. About 36 percent got a yellow light, including UC Berkeley, Occidental College and San Jose State University. […]» Read More