California State Polytechnic University – Pomona

Location: Pomona, California
Website: http://www.csupomona.edu/
Type: Public
Federal Circuit: 9th Circuit

Speech Code Rating

California State Polytechnic University – Pomona 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

  • Housing License Agreement: Policies and Regulations 14-15

    Speech Code Category: Harassment Policies
    Last updated: January 21, 2015

    Physical/Written/Verbal Abuse or Harassment: Any violations may result in eviction from UHS property on the first offense.
    Cal Poly Pomona supports a Zero Tolerance Policy on Campus Violence. Threats, racist/sexist/ethnic harassment, malicious pranks and abusive name calling by any member of the community or guest toward an individual or group that seriously threatens or alarms a person or group is prohibited. Causing physical or mental harm, intimidation, and/or the apprehension of physical or verbal harm to any person or self (including threats or attempts of suicide) will result in disciplinary action and/or arrest by the police, as appropriate. Harassment of any person and/or group, through any medium, including the Internet is not permissible.

    Sexual Harassment: Any violations may result in eviction from UHS property on the first offense. Sexual harassment includes such behavior as unwanted sexual advances, unwanted request for sexual favors and other unwanted verbal or physical conduct of a sexual nature directed towards an employee, student, employment applicant or guest.

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Yellow Light Policies
  • University Catalog: Student Conduct and Discipline- Standards of Student Conduct 14-15

    Speech Code Category: Policies on Tolerance, Respect, and Civility
    Last updated: January 21, 2015

    Students are expected to be good citizens and to engage in responsible behaviors that reflect well upon their university, to be civil to one another and to others in the campus community, and contribute positively to student and university life.

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  • UHS Posting Policy 14-15

    Speech Code Category: Posting and Distribution Policies
    Last updated: January 21, 2015

    3. Posting printed flyers, announcements and signs to advertise upcoming events sponsored by recognized campus organizations is permissible under the following criteria: a. Postings must be approved by the Associate Director of Residence Life, or designee. … c. Postings that promote alcohol or other drugs will not be approved.

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  • Housing License Agreement: Policies and Regulations- Disorderly Conduct 14-15

    Speech Code Category: Policies on Tolerance, Respect, and Civility
    Last updated: January 21, 2015

    Lewd, indecent or obscene behaviors, whether through conduct or expression, which are not civil or respectful and which breach the peace within or around the residential facilities, other UHS property, or at any UHS-related function are not permitted.

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  • University Catalog: Student Conduct and Discipline- Hate Crime Policy 14-15

    Speech Code Category: Policies on Tolerance, Respect, and Civility
    Last updated: January 21, 2015

    Hate Incident: Not all expressions of hate or group bias rise to the level of a hate crime as defined in state and federal statute. A noncriminal act or incident, while not criminal, is done with the apparent intention to: harass, intimidate, threaten, retaliate, create conflict, because of a person’s race, ethnic/national origin, religious belief, sexual orientation, gender, or disability. Reporting and monitoring of hate incidents is important, as they may serve as indicators of potential threats and/or campus climate that may escalate into criminal acts.

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  • Executive Order 1097: Systemwide Policy Prohibiting Discrimination, Harassment and Retaliation Against Students 14-15

    Speech Code Category: Harassment Policies
    Last updated: January 21, 2015

    Harassment means unwelcome conduct engaged in because of a Protected Status that is sufficiently severe, persistent or pervasive that its effect, whether or not intended, could be considered by a reasonable person in the shoes of the Student, and is in fact considered by the Student, as limiting the Student’s ability to participate in or benefit from the services, activities or opportunities offered by the University.

    Sexual Harassment, a form of Sex Discrimination, is unwelcome verbal, nonverbal or physical conduct of a sexual nature that includes, but is not limited to Sexual Violence, sexual advances, requests for sexual favors, and indecent exposure where:

    1. Such conduct is sufficiently severe, persistent or pervasive that its effect, whether or not intended, could be considered by a reasonable person in the shoes of the Student, and is in fact considered by the Student, as limiting the Student’s ability to participate in or benefit from the services, activities or opportunities offered by the University; or
    2. Such conduct is sufficiently severe, persistent or pervasive that its effect, whether or not intended, could be considered by a reasonable person in the shoes of the Student, and is in fact considered by the Student, as intimidating, hostile or offensive.

    Sexual Harassment also includes acts of verbal, non-verbal or physical aggression, intimidation or hostility based on gender or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.

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  • Interim Freedom of Expression Policy 14-15

    Speech Code Category: Policies on Bias and Hate Speech
    Last updated: January 21, 2015

    Cal Poly Pomona believes that the search for knowledge requires the freedom to speak openly about concerns and issues. However, abusive treatment of individuals based on a personal or stereotypical bias prevents the university from establishing and maintaining such an open environment. No member of the Cal Poly Pomona community should be subject to such treatment nor should anyone tolerate, encourage, or engage in such activities.

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  • Presidential Order: Use of University Buildings, Facilities, or Grounds 14-15

    Speech Code Category: Protest and Demonstration Policies
    Last updated: January 21, 2015

    Non-commercial solicitation on a campus is prohibited unless prior written authorization has been obtained from the Campus President or designee. … Place: (1) in the University Park, northeast grassy area of the entrance to the Bronco Student Center, and (2) in areas so designated by the Office of Student Life and Cultural Centers.

    Distribution of handbills and circulars not otherwise prohibited by law, and which do not contain false or misleading advertising is permitted subject to the following time, place, and manner regulations. … Place: (1) in the University Park, northeast grassy area of the entrance to the Bronco Student Center, and (2) in areas so designated by the Office of Student Life and Cultural Centers.

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  • Posting and Chalking Policy 14-15

    Speech Code Category: Posting and Distribution Policies
    Last updated: January 21, 2015

    All printed advertisements, announcements and signs must be identified with the name of the person or organization responsible in order for the material to be stamped by the OSLCC. Also, OSLCC must have the name, telephone and email of the contact person responsible for posted material by any group/individual. If any member of the campus community finds the material offensive or wishes further information, this contact information ensures the potential for dialogue and still guarantees the rights of expression under the First Amendment of the Constitution.

    All posters, flyers, banners and signs must be stamped at OSLCC, indicating that they have met the above criteria.

     

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Green Light Policies
  • Posting and Chalking Policy 14-15

    Speech Code Category: Advertised Commitments to Free Expression
    Last updated: January 21, 2015

    While there will always be disagreements over what may constitute good taste or appropriate comment, there can be no question particularly in a university, that freedom of expression as guaranteed by the First Amendment of the Constitution, is a cherished and protected right.

    Accordingly, the campus community is asked to be tolerant of differing points of view and to respect the rights of others to express themselves. While you may find certain materials to be quite offensive or even insulting, the appropriate way to counteract such materials is through discourse, criticism, and the expression of contrary points of view.

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  • Cal Poly Pomona Student at Center of Free Speech Debate

    May 13, 2015

    By Carla Rivera at LA Times Cal Poly Pomona student Nicolas Tomas never thought handing out leaflets promoting a vegan diet would become so controversial. But when college administrators moved to restrict his activities, Tomas sued the university. His case became a flashpoint in the debate over how far universities should go to promote tolerance and civility on their increasingly diverse campuses — and whether some of those policies unfairly restrict constitutionally protected free speech. Although virtually all academics say they support freedom of speech, many also argue that campuses have good cause to be sensitive to activities that could […]

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  • Cal Poly Pomona Suspends ‘Free Speech Zone’ Policy

    May 6, 2015

    By Beau Yarbrough at The Sun POMONA >> A month after a Cal Poly Pomona student sued the university over a policy that limited political speech to permit-holders standing in a defined area on campus, the university has said it will not enforce the policy while the matter is being litigated. “We have agreed to a standstill while we go through negotiations,” Cal Poly spokeswoman Esther Tanaka said Wednesday. “We’re pleased that the negotiations have been productive.” On March, 31, a lawsuit was filed in U.S. District Court in Los Angeles on behalf of Nicolas Tomas, 24, a senior majoring […]

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  • Going Through FIRE to Protect Our Rights: College Students Feel Heat on Campus Over Free-Speech Issues

    April 20, 2015

    By Editorial Staff at The Augusta Chronicle Young people are the future. It stands to reason, then, that they must understand their freedoms if freedoms are to endure into the future. Enter FIRE. The nonprofit Foundation for Individual Rights in Education (www.thefire.org) helps protect students’ rights, particularly their First Amendment right to free speech. Unless you’ve followed FIRE, you’d be amazed at how much those basic rights are under assault today on American college campuses – which, in the 1960s, actually came to symbolize free speech. Like many college administrations, officials at California State Polytechnic University, Pomona, not only set […]

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  • Student Sues Public University for Requiring ‘Free Speech Permit’

    April 17, 2015

    By Bonnie Kristian at The Week College is a time of learning, making friends, and keeping your damn mouth shut unless you’ve been given permission to speak — or so it seems that may be the case at Cal Poly Pomona (CPP) in Southern California. The school has developed a Byzantine listof requirements for students who want to exercise free speech on campus, even though, as a public school, CPP is legally required to guarantee First Amendment speech rights on its grounds. “At Cal Poly, students have to wear a free speech badge in the free speech zone and can only get that […]

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  • Free-speech Violations May Cost Cal Poly Pomona

    April 13, 2015

    By Editorial Board at LA Daily News College administrators are in the business of education. So what is it about their own academic careers that has left so many of them so woefully uneducated about the historical importance of free speech in America? Time and again, highly paid bureaucrats at Southern California public colleges and universities have created unconstitutional “free speech zones” on their campuses aimed not at encouraging free speech but rather at throttling and ghettoizing it. They make up these rules and create tiny little areas for pamphleteering and politicking even though when they do so they frequently […]

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  • Cops Threaten Dog Owner with $750,000 Fine Over ‘Missing Dog’ Posters: Washington, D.C., Practically Bans First Amendment

    April 13, 2015

    By Kit Daniels at Inforwars.com Washington, D.C., police threatened a dog owner with a $750,000 fine for posting ‘Missing Dog’ posters across town. After losing his dog Ollie on March 30, Roger Horowitz was initially encouraged by police to post ‘Lost Dog’ posters on lamp posts, but a police officer recently told him to tear them all down. “So he told me that regardless if we put up the fliers, or if other people put them up, we had made the original flier that had my phone number, and that we could get fined up to $750,000,” he said to […]

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  • Cal Poly Pomona Student Sues Over ‘Free Speech Zone’

    April 9, 2015

    By Beau Yarbrough at LA Daily News POMONA >> A student is suing Cal Poly Pomona after he was told that political speech on campus could only occur in a tiny “free speech zone.” Nicolas Tomas, 24, a senior majoring in nutrition, began handing out Vegan Outreach pamphlets advocating the vegan lifestyle and decrying the treatment of farm animals in the fall of 2013. “I’m passionate about animal rights, and one of the things we do is we advocate for a vegan diet,” he said. “Because there’s no animal products in the diet and that’s one of the major causes […]

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  • California, A University Student Sued the School Violated the Freedom of Speech

    April 9, 2015

    Note: The original version of this article was written in Chinese. The translation was provided below by Google Translate. By Guo Jian at US China Press [ Press Network compiled Zhang Yang April 9] According to the report, “Conte La Costa Times” (Contra Costa Times) 10 reported that the California Polytechnic University Pomona (Cal Poly Pomona) a student of the school to initiate proceedings. Previously, he was told, in the school campus political speech can only be a small “free speech area”. Now 24-year-old Nicolas Thomas (Nicolas Tomas) is a student at the school nutrition, the fall of 2013, when […]

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  • Violate Students’ Free Speech Rights, Prepare to be Sued

    April 9, 2015

    By David Deerson at The Sacramento Bee Apologies to the Beach Boys, but if you’re going to college in California, it’s pretty hard to be true to your school. Last week, student Nicolas Tomas took a step to make his university, California State Polytechnic University, Pomona, worthy of his allegiance. An animal rights advocate, he sued the school for violating his First Amendment rights. When he tried to distribute fliers exposing industrial farming practices, campus security officers sent him to get a permit. It gets worse. Like many schools nationwide, Cal Poly Pomona confines students to a tiny “free speech […]

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  • Student Fights CA University Over ‘Free Speech Badge’

    April 7, 2015

    By Bob Kellogg at OneNewsNow A public university has such restrictive speech policies on campus that students are required to wear a badge, and restricted to a tiny space, to pass out flyers. Nicolas Tomas, a student at California State Polytechnic University, filed last month after a police officer told him he needed a permit to hand out flyers promoting animal rights. Catherine Sevcenko of the Foundation for Individual Rights in Education, or FIRE, says Tomas was required to obtain an official name badge. FIRE has never seen a “free speech badge” required by a college, she tells OneNewsNow. “So […]

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  • Litigation Is Beginning to Free Up Speech on Campus

    March 31, 2015

    By Jennifer Kabbany at National Review The Foundation for Individual Rights in Education (FIRE) is busy making good on its promise to fight for students’ free speech rights through a massive litigation campaign. Since last year, FIRE’s Stand Up For Free Speech effort has filed nine First Amendment lawsuits against campuses that quash the First Amendment, according to its website. Four of the cases have already enjoyed successes in FIRE’s favor, and the others continue to wind their way through the court system. FIRE’s early victories in its litigation campaign illustrate that colleges’ limits on free speech are onerous and […]

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  • Wear This Badge And Don’t Leave This Zone If You Want To Speak At Cal Poly Pomona

    March 31, 2015

    By Greg Piper at The College Fix An animal rights activist at California State Polytechnic University-Pomona is suing the school for making him get permission to hand out flyers and confine his activity to the school free-speech zone as a condition of his campus activism. The Foundation for Individual Rights in Education, which is assisting Nicholas Tomas with the suit through its Stand Up for Speech litigation project, explains the situation: The lawsuit alleges that on February 4, a Cal Poly Pomona police officer stopped Tomas from handing out flyers on a campus sidewalk. The officer directed Tomas to the Office of […]

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  • Student Animal Rights Activist Sues California State Polytechnic University for Free Speech Restrictions

    March 31, 2015

    By Jennifer Champagne at Paste Magazine Animal rights activist and California State Polytechnic University student Nicolas Tomas has filed a lawsuit against his university for restricting his free speech rights. Tomas has partnered with Foundation for Individual Rights in Education (FIRE), which protects and preserves students’ rights across college campuses. According to the lawsuit, Tomas alleges that a campus police officer had stopped him from distributing animal rights flyers on the sidewalk, asking Tomas to obtain a permit to pass out flyers on campus at a designated “free speech” zone for students. The zone makes up barely 0.01 percent of […]

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  • ‘Los Angeles Times’ Shares Remarks from Student, Admins, Lawyers at the Heart of Cal Poly Pomona Lawsuit

    May 13, 2015

    A week ago, FIRE announced that California State Polytechnic University, Pomona was suspending its unconstitutional restrictions on speech during settlement talks for student Nicolas Tomas’s lawsuit against the school, brought as part of FIRE’s Stand Up For Speech Litigation Project. Tomas filed the suit in federal court after a campus police officer stopped him from handing out animal rights flyers outdoors on campus. Today, reporting by the Los Angeles Times reveals—yet again—the clash between college administrators’ desire to avoid intellectual conflict and the Constitution’s requirement that they allow the free exchange of ideas. As the Times explains, public colleges like […]

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  • Dixie State U., Cal Poly Pomona Suspend Restrictive Speech Codes in Wake of FIRE-Led Lawsuits

    May 7, 2015

    PHILADELPHIA, May 7, 2015—Dixie State University in Utah and California State Polytechnic University, Pomona have both agreed this week to suspend numerous policies that substantially restrict students’ free speech rights on campus. The policy suspensions result from lawsuits filed this year as part of the Foundation for Individual Rights in Education’s (FIRE’s) Stand Up For Speech Litigation Project, an unprecedented and undefeated national effort to eliminate unconstitutional speech codes from the nation’s public colleges and universities. “FIRE has been warning colleges for years that the Constitution is clear—there is no place for speech codes on a public college campus,” said […]

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  • Cal Poly Pomona Suspends Unconstitutional Policies in Response to Animal Rights Activist’s Lawsuit

    May 6, 2015

    LOS ANGELES, May 6, 2015—In response to a First Amendment lawsuit filed by student and animal rights activist Nicolas Tomas, California State Polytechnic University, Pomona has promised not to enforce the university policies at issue while the case is being litigated. The lawsuit, which was filed in March as part of the Foundation for Individual Rights in Education (FIRE)’s Stand Up For Speech Litigation Project, targeted Cal Poly Pomona speech codes that restrict where, when, and how students can exercise their free speech rights. “Cal Poly Pomona required students to wear a free speech badge in a free speech zone […]

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  • Two Reasons Why Cal Poly Pomona Lawsuit Is Different

    April 10, 2015

    Last week, student Nicolas Tomas sued California State Polytechnic University, Pomona for violating his First Amendment rights by limiting his efforts to campaign for animal rights to a tiny “free speech zone” that makes up about 0.01 percent of the campus. Tomas’s suit, the ninth in FIRE’s Stand Up For Speech Litigation Project (SUFS), was the fifth to challenge the constitutionality of a free speech zone—a particularly obvious type of violation of the First Amendment that FIRE has challenged both in and out of court for years. This case has produced two interesting variations, however. First, students at Cal Poly […]

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  • Cal Poly Pomona Plaintiff Speaks Out on Why He Decided to Sue His School

    April 8, 2015

    In a recent op-ed for California State Polytechnic University, Pomona’s student newspaper, The Poly Post, student-plaintiff Nicolas Tomas reviews the events that led him to sue his university and his goals for the lawsuit. As Torch readers may recall, on March 31, 2015, Tomas filed a First Amendment lawsuit against Cal Poly Pomona with FIRE’s help. It is the ninth lawsuit filed as part of FIRE’s Stand Up For Speech Litigation Project. Tomas is deeply passionate about veganism and animal rights issues. He tried to share this passion for animal rights with his peers at Cal Poly Pomona, but he […]

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  • Student Animal Rights Activist Sues Cal Poly Pomona for Requiring Permit to Speak

    March 31, 2015

    LOS ANGELES, March 31, 2015—College student Nicolas Tomas filed a First Amendment lawsuit today against California State Polytechnic University, Pomona, with assistance from the Foundation for Individual Rights in Education (FIRE). The lawsuit targets university policies that restrict where, when, and how students can exercise their free speech rights. The lawsuit alleges that on February 4, a Cal Poly Pomona police officer stopped Tomas from handing out flyers on a campus sidewalk. The officer directed Tomas to the Office of Student Life to obtain a “permit,” namely a badge that he would have to wear while distributing any written material. […]

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