California: Unconstitutional Discriminatory Harassment Policies

August 1, 2009

Student Code of Conduct: Standards for Student Conduct

Speech Code Category: Internet Usage Policies
Last updated: December 1, 2016

Use of computing facilities and resources to send obscene or intimidating and abusive messages.

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Behavioral Assessment Intervention and Response Team: Examples of Appropriate BART Referrals

Speech Code Category: Other Speech Codes
Last updated: December 1, 2016

Examples of Appropriate BART Referrals

Aggressive, threatening, or intimidating behaviors: …

• An unreasonable interest and/or frequent discussions of violence, killing, raping, torturing, guns, or explosives.
• Art, stories, or essays focused on the above themes.

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Systemwide Policy Prohibiting Discrimination, Harassment and Retaliation Against Students and Systemwide Procedure for Handling Discrimination, Harassment and Retaliation Complaints by Students — Executive Order 1097

Speech Code Category: Harassment Policies
Last updated: December 1, 2016

Harassment means unwelcome conduct, based on the Complainant’s 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 Complainant, and is in fact considered by the Complainant, as limiting her/his 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 advances, requests for sexual favors, and any other conduct of a sexual nature where:

1. The 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 Complainant, and is in fact considered by the Complainant, as limiting his or her ability to participate in or benefit from the services, activities or opportunities offered by the University; or
2. The 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 Complainant, and is in fact considered by the Complainant, as creating an intimidating, hostile or offensive environment.

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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Student Code of Conduct: Standards for Student Conduct

Speech Code Category: Policies on Tolerance, Respect, and Civility
Last updated: December 1, 2016

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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University Policies: Campus Policy on Disruptive and Violent Behavior

Speech Code Category: Policies on Tolerance, Respect, and Civility
Last updated: December 1, 2016

For the purpose of this policy, violence, threats of violence, and other inappropriate behaviors include, but are not limited to:
* any act that is physically or emotionally assaultive ….

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Office of Student Housing & Residence Life Student Handbook: Harassment

Speech Code Category: Harassment Policies
Last updated: November 30, 2016

Verbal, written, electronic, or other types of harassment – including, but not limited to, sexual, racial, ethnic, or religious harassment that causes injury to, distress, or emotional or physical discomfort of community members and/or Residential Life staff members will be considered a violation of this policy. Threatening remarks towards one’s family or loved ones is also prohibited under this policy.

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Office of Student Housing & Residence Life Student Handbook: Disorderly Conduct

Speech Code Category: Policies on Tolerance, Respect, and Civility
Last updated: November 30, 2016

Behaviors whether through conduct or expression which are not civil or respectful and which breach the peace within or around the residence halls or at any residence hall related function are not permitted.

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Office of Student Housing & Residence Life Student Handbook: Posting

Speech Code Category: Posting and Distribution Policies
Last updated: November 30, 2016

Residential community members and residential student groups may post materials with the permission of the Residence Life staff member. Non-residential individuals and groups must obtain permission from the Residence Life Office. No offensive or alcohol/drug-related materials may be posted in a public area or a place where they can be viewed from a public area (e.g. external door, in a visible place from windows, etc.).

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Office of Student Housing & Residence Life Student Handbook: Intolerance

Speech Code Category: Policies on Bias and Hate Speech
Last updated: November 30, 2016

Acts of intolerance towards a community member or any Residence Life staff member disrupts the educational environment necessary for furthering the mission of the university. Acts of intolerance or bias-related incidents are behaviors, which by intent, action and/or outcome harm or threaten to harm a person or a group of people. Acts of intolerance include but are not limited to:

a. Acts motivated by prejudice toward a person or a group of people because of their race, religion, ethnicity, disability, national origin, age, gender, and/or sexual orientation, and/or any other protected class.

b. Overt actions such as verbal attacks and physical assaults on students, University staff and/or their property.

c. Physical or written defacement or destruction of residential property and/or Residence Life postings and posters.

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Interim Policy on Time, Place, and Manner of Free Expression

Speech Code Category: Protest and Demonstration Policies
Last updated: December 1, 2016

IV Public Meetings, Performances, Rallies, Demonstrations, or
Similar Public Events

Members of the University community and non-University community may use campus buildings and grounds for public meetings, performances, rallies and similar events. However, any groups, whether students, faculty, staff or other members of the University community, or non-University groups, that seek to hold events inside buildings, the amphitheater, or on athletic venues or fields, must use the CSUB Facility Use Application procedures. Those procedures are found by accessing the link “Plan an Event” at the bottom of the CSUB web page, www.csub.edu. The highest priority for the use of University facilities is for the regular University instructional program (i.e., teaching and instructional programs for credit), followed by instructionally related activities and programs; research and consultant activities; and educational and co-curricular activities. Not all University facilities are available.

Non-amplified outdoor demonstrations, rallies or protests may be held elsewhere on University property, without requiring the CSUB Facility Use Application procedures, provided they adhere to the general limitations described in Section III. Any group that wishes to conduct such a demonstration or protest should contact the University Police Department, located in Building 6PS, and reached by phone at 661-654-2111 and by email at [email address], 48 hours in advance, to address public safety issues (routes of march, necessary public safety staffing, etc.), unless such notice is impossible because the event is the result of a news item coming into public knowledge less than 48 hours before the event.

When speech is part of a planned event in a building (i.e., an invited speaker), an individual or group wishing to protest at an event may do so as long as any speaker’s right to free speech and the audience’s right to see and hear the speaker are not violated. In the interest of protecting the free speech right of all, University representatives may warn anyone interfering with a speaker’s freedom of expression to cease the disruptive behavior. If such warnings are not heeded, those individuals may be removed from the event.

Consistent with the CSUB Facility Use Application procedures, use of campus facilities or other property may be subject to a fee, such as for rent, security, parking or custodial services, and/or require liability insurance and/or an indemnity agreement. Such fees will be determined based solely on the number of attendees, wear and tear, risk management and health and safety standards. The content or subject of the speech will not be considered.

V Designated Public Forum

The area adjacent to the west side of the Student Union (Runner Park) including the patio area is designated as a public forum area in which all members of the University community and non-University community may exercise their free speech rights without special restriction, subject only to the limitations in Sections III and VI, including time restrictions. This area is available to individual students, faculty, and staff and to University organizations on a first come first served basis for free speech activities.

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Acceptable Computer and Network Use Policy

Speech Code Category: Internet Usage Policies
Last updated: December 1, 2016

Conduct which violates this policy includes, but is not limited to the activities in the following list. … Using electronic mail to harass or threaten others. This includes sending repeated, unwanted e-mail to another user.

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University Catalog: Policy on Academic Freedom and Responsibility

Speech Code Category: Advertised Commitments to Free Expression
Last updated: December 1, 2016

Freedom of inquiry and the open exchange of ideas are fundamental to the vitality of our academic institutions. … California State University is committed to assuring that all persons may exercise the rights of free expression, speech, and assembly ….

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Exclusive: Internal Documents Show Backlash Over Virginia Tech’s Disinvitation of Jason Riley

June 1, 2016

By Jillian Kay Melchior at Heatstreet Earlier this year, Virginia Tech’s business school invited conservative commentator Jason Riley to speak to its students. Then suddenly, 10 days later, Riley, the author of a controversial book about race, received an email informing him the lecture was off. The department head and others on campus were “worried about more protests from the looney left if you were to give the lecture,” the email said… Read more here.