Location: Austin, Texas
Federal Circuit: 5th Circuit
University of Texas at Austin 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
V. REQUIREMENTS: … Be civil. Do not send rude or harassing correspondence. … What are the consequences for violating the rules listed in Section V of this document?
Punishment for infractions includes, but is not limited to: * Verbal warnings * Revocation of access privileges * Disciplinary probation * Suspension from the university * Criminal prosecution
Sexual misconduct is a concept taken from the Regents’ Rules ethics statement. Sexual misconduct is conduct of a sexual nature that, although not so serious or pervasive that it rises to the level of sex discrimination or sexual harassment, is unprofessional and/or inappropriate for the educational and working environment. The purpose of prohibiting sexual misconduct is to discourage and, if necessary, take disciplinary action for inappropriate or unprofessional activity of a sexual nature in the workplace or classroom, even if that conduct appears to be welcomed and consensual or is not so serious or pervasive that it meets the definition of sex discrimination or sexual harassment.
Examples of behavior that could constitute sexual misconduct include, but are not limited to:
* Repeatedly engaging in sexually oriented conversations, comments or horseplay, including the use of language or the telling of jokes or anecdotes of a sexual nature in the workplace, office or classroom, even if such conduct is not objected to by those present;
* Gratuitous use of sexually oriented materials not directly related to the subject matter of a class, course, or meeting even if not objected to by those present ….
Sex Discrimination, including sexual harassment, is defined as conduct directed at a specific individual or a group of identifiable individuals that subjects the individual or group to treatment that adversely affects their employment or education on account of sex.
Sexual Harassment is a form of sex discrimination that can occur when: … unwelcome physical acts of a sexual nature, or unwelcome requests for sexual favors or other verbal conduct of a sexual nature, have the effect of creating an objectively hostile environment that interferes with employment or education on account of sex.
Verbal conduct that, depending on the totality of circumstances present, may constitute sexual harassment includes, but is not limited to:
- Explicit or implicit propositions to engage in sexual activity;
- Gratuitous comments, jokes, questions, anecdotes or remarks of a sexual nature about clothing or bodies;
- Gratuitous remarks about sexual activities or speculation about sexual experiences;
- Persistent, unwanted sexual or romantic attention;
- Subtle or overt pressure for sexual favors;
- Exposure to sexually suggestive visual displays such as photographs, graffiti, posters, calendars or other materials;
- Deliberate, repeated humiliation or intimidation based upon sex.
Notwithstanding any action taken by civil authorities or agencies charged with the enforcement of criminal laws on account of the violation, the dean may initiate disciplinary proceedings under subchapter 11-300 against a student who … otherwise engages in the following acts of inappropriate conduct that hold the potential to interfere or disrupt the teaching function of the University: pranks,
repeated contact of a harassing nature through a personal or electronic medium, and berating or otherwise abusive behavior.
Members of an educational community should adhere to standards of civility and good taste that reflect mutual respect. A respectful environment is free of harassment, violence and verbal abuse. It is the policy of the University to maintain an educational environment free from harassment and intimidation. In an effort to foster an environment free from harassment and intimidation, Residence Life is
committed to responding appropriately to acts of racism, sexism, heterosexism, ageism, ableism and any other force that seeks to suppress another individual or group of individuals. When acts of harassment or intimidation occur in the residence hall environment, the Residence Life staff, in conjunction with the Residence Hall Council, may lead a floor or hall meeting to discuss the incident and
decide, as a community, appropriate steps that need to be taken to address the incident. Residents who are suspected to have engaged in harassment as defined in the Institutional Rules will be referred to the Dean of Students for possible disciplinary action.
Harassment is defined as conduct that is sufficiently severe, pervasive, or persistent to create an objectively hostile environment that interferes with or diminishes the ability of an individual to participate in or benefit from the services, activities, or privileges provided by the University.
The freedoms of speech, expression, and assembly are fundamental rights of all persons and are central to the mission of the university.
[T]he University encourages all members of its community to support the freedom of speech. Students are free to communicate their ideas vigorously; those who are exposed to such ideas, whether in the classroom, the grounds of the campus, or in the residence halls, should tolerate the expression even of views that they find offensive or unacceptable. Students who passionately disagree about important matters should be able to confront one another civilly and to recognize that, despite profound differences, they are engaged in the common pursuit of truth. The best response to offensive speech is more free speech.
November 6, 2013
by KC Johnson “We should be seeing 12,500 cases a year.” So spoke Jennifer Hammat, Title IX coordinator for the University of Texas. As FIRE’s Peter Bonilla tweeted, “That quote put differently: ‘we should be seeing 250-300 rapes/sexual assaults per week.’” Does anyone (apart, it seems, from Hammat) believe that there are 300 rapes each week at UT? To provide some statistical context, consider that FBI crime figures for the most recent year (2012) indicate that in New York state (population 19.5 million) there were 2848 instances of forcible rape. In the state of Texas–including the university, of course, and […]» Read More
October 4, 2012
People disagree with scholarly studies all the time. So what made the University of Texas investigate a professor’s recent study? One angry, gay blogger, as it turns out. Previous studies have concluded that children raised in same—sex households do just as well in school and in life as their peers. University of Texas sociology professor Mark Regnerus tested that conventional wisdom with a study of 3,000 adults raised by straight, gay and bisexual parents. Result: Adults raised in same—sex households had higher rates of depression and dependence on welfare. Some gay rights groups denounced Regnerus as a bigot and denounced his study […]» Read More
September 7, 2012
The past weeks’ political conventions have once again brought home how deeply divided our country is when it comes to the issues of gay marriage and gay parenting. Feelings are so strong that their intensity can blind people to important issues of principle. That’s why it’s important to know that last week, the University of Texas at Austin announced that it had found no evidence that Professor Mark Regnerus had engaged in scientific misconduct when he published a paper that has been used to bolster the arguments of those opposed to same-sex parenting. Regardless of your views on gay and lesbian parenting […]» Read More
November 21, 2013
On Monday, the University of Texas-Austin (UT-Austin) chapter of the Young Conservatives of Texas (YCT) announced that it would host a “Catch an Illegal Immigrant” event on Wednesday, during which volunteers for the group would wear a label stating “illegal immigrant,” and other students would have the opportunity to “capture” them for a $25 gift card bounty. The aim of the event, YCT President Lorenzo Garcia said, was to spark debate and promote conversation about immigration issues. The YCT chapter at UT-Austin is no stranger to using provocative tactics in order to get people talking about issues, having previously conducted an “Affirmative Action Bake […]» Read More
August 11, 2010
President Obama was at the University of Texas at Austin on Monday to give a speech and, as expected, the Presidential visit drew the usual complement of protesters and political activists. Among them was John Bush, the executive director of a group called Texans for Accountable Government, along with several others. A video has been posted to YouTube showing Bush’s arrest at the hands of the UT police for what appears to be the crime of standing around on campus talking to students about his political views. Prepare to be appalled by what looks like a total and ridiculous overreaction on […]» Read More
July 30, 2009
Torch readers may remember that last fall, in the midst of the election season, the University of Texas at Austin (UT) threatened to punish two students if they did not remove political campaign signs that they had placed in their dormitory room window. Thankfully, after national media attention, the university came to its senses quickly and suspended its rule banning signs in students’ dorm room windows. This week, the university has announced that it will permanently suspend the rule. This represents an important victory for freedom of expression at UT. In the case of the two students last fall, the university’s enforcement of its rule had the unfortunate consequence […]» Read More
October 9, 2008
Late yesterday afternoon, in a brazen act of censorship on campus, the University of Texas at Austin (UT) ruled against two students who have refused to remove political signs posted on their dormitory door and window, according to a report from The Daily Texan this morning. Connor Kincaid and Blake Kincaid reportedly had until 7 PM Wednesday evening to remove the signs; as of 9:30 PM, the signs remained posted. Both students have been told that failure to comply will result in an administrative block against registration for spring classes, a punishment equivalent to expulsion. The UT policies governing the […]» Read More
December 15, 2006
Last week, the Student Press Law Center reported that the Texas Student Publications Board has removed the requirement of official prior review from its agreement with The Daily Texan, the University of Texas at Austin student paper and one of the only major college papers still subject to prior review. The new contract has been sent to the Texas Board of Regents for approval. The original agreement between The Daily Texan and the Texas Board of Regents gave the Board complete final editorial control and liability for the content of the paper. The Board of Regents has recently proposed […]» Read More