University of Hawaii at Hilo

Location: Hilo, Hawaii
Website: http://hilo.hawaii.edu/
Type: Public
Federal Circuit: 9th Circuit

Speech Code Rating

University of Hawaii at Hilo 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.

This school does not have any cases at this time.

Red Light Policies

  • Student Conduct Code 13-14

    Speech Code Category: Harassment Policies

    Sexual advances, requests for sexual favors or other behavior of a sexual nature that is unwelcome and sufficiently severe or pervasive that it interferes with a person’s academic or professional performance or creates an intimidating, hostile or offensive educational or employment environment. The behavior can be verbal, non-verbal or physical. Examples include sexual innuendo, spreading sexual rumors, sexual put-downs and jokes, remarks of a sexual nature about a person’s clothing or body, offensive written notes or emails, sexual propositions, insults or threats, leering, whistling, suggestive or insulting sounds and gestures, and touching someone’s body when unwelcome.

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Yellow Light Policies
  • Policy on Sexual Harassment and Related Conduct 13-14

    Speech Code Category: Harassment Policies

    Hostile environment sexual harassment is defined as sexual advances, requests for sexual favors, and/or verbal or physical conduct of a sexual nature, when such conduct is unwelcome to the person to whom it is directed or to others directly aware of it, and when such conduct is

    1. severe or pervasive; and

    2. has the purpose or effect of either:

    (a) unreasonably interfering with the employee’s work performance or student’s academic performance, or

    (b) creating an intimidating, hostile, or offensive work or educational environment.

    The conduct must be both objectively and subjectively perceived as offensive. That is, the reporting party must view the conduct as offensive, and a reasonable person with the same fundamental characteristics as the reporting party (e.g., age, race, gender) must also view the conduct as offensive.

    Examples of behaviors that could constitute hostile environment sexual harassment include but are not limited to

    • unnecessary and unwanted touching, patting, hugging, or brushing against a person’s clothing or body;
    • remarks of a sexual nature about a person’s clothing or body;
    • remarks about sexual activity or speculations about previous sexual experience; pressure for sexual activity, an element of which may be nonverbal conduct, such as repeated and unwanted staring or sexually suggestive gestures;
    • display or distribution of sexually offensive literature, images, cartoons, or other audio-visual materials;
    • or gratuitous introduction into instruction, discussion, or conversation of material of a sexual nature, such as sexually explicit anecdotes, questions, or jokes.

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  • Housing Judicial Process 13-14

    Speech Code Category: Posting Policies

    Decorating & Room Alterations: … Residents may be required to remove materials that would be deemed offensive by the community ….

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  • Student Conduct Code 13-14

    Speech Code Category: Harassment Policies

    Engaging in, or attempting to engage in, any of these behaviors subjects a student to the disciplinary process and sanctions of each campus. … Any conduct which threatens or endangers the health or safety of any person including but not limited to physical abuse, verbal abuse, threats, intimidation, harassment, coercion, and stalking.

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  • Use and Management of Information Technology Resources 13-14

    Speech Code Category: Internet Usage Policies

    Users may not engage in the transmission of unsolicited bulk email (“spamming”), regardless of how important it may seem to the sender. Email is a form of individual communication, not a public forum, and should not be used to express opinions or forward views to those who have not expressed a wish to engage in the dialog.

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  • Facilities Use Practices & Procedures 13-14

    Speech Code Category: Protest and Demonstration Policies

    The lawn area between Student Services Building and the Theater (see Attachment C) is designated as the public forum area for the University where individuals may assemble and engage in public speech activities.

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  • Student Conduct Code 13-14

    Speech Code Category: Internet Usage Policies

    Theft or other abuse of computer and other electronic facilities and resources, including but not limited to: … Use of computing facilities and resources to send obscene or abusive messages.

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This school does not have any media coverage at this time.
  • FIRE and Student Press Law Center File Brief in ‘Oyama v. University of Hawaii’

    December 12, 2013

    On Monday, FIRE and the Student Press Law Center (SPLC) filed a brief in the United States Court of Appeals for the Ninth Circuit as amici curiae (“friends of the court”), asking the appeals court to reverse the district court’s erroneous and dangerous decision in the case of Oyama v. University of Hawaii. The brief was prepared by noted First Amendment expert Eugene Volokh in conjunction with the University of California, Los Angeles School of Law’s First Amendment Amicus Brief Clinic. The relevant facts are fairly straightforward. Mark Oyama was a student in the University of Hawaii’s (UH’s) teaching certification program, where he was required to complete a student […]

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