California State University – Bakersfield
Location: Bakersfield, California
Website: http://www.csub.edu/
Type: Public
Federal Circuit: 9th Circuit
Speech Code Rating
California State University – Bakersfield has been given the speech code rating Yellow. Yellow light colleges and universities are those institutions with at least one ambiguous policy that too easily encourages administrative abuse and arbitrary application. Read more here.
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California State University, Bakersfield: Prohibition on “Politically Related” Posters Prevents Proposition Proponent’s Posting
October 19, 2018
CSU Bakersfield prohibits a student from posting “politically related” flyers.
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Student Code of Conduct: Standards for Student Conduct
Speech Code Category: Internet Usage Policies
Last updated: December 4, 2018Use of computing facilities and resources to send obscene or intimidating and abusive message.
Behavioral Assessment Intervention and Response Team: Examples of Appropriate BART Referrals
Speech Code Category: Other Speech Codes
Last updated: December 4, 2018Examples of Appropriate BART Referrals
Aggressive, threatening, or intimidating behaviors: …
- An unreasonable interest and/or frequent discussions of violence.
- Art, stories, or essays focused on the above themes.
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 4, 2018Harassment 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.
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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:
- 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
- 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.
Interim Policy on Time, Place, and Manner of Free Expression
Speech Code Category: Protest and Demonstration Policies
Last updated: December 4, 2018VI General Rules Regarding Free Expression at CSU Bakersfield
At California State University, Bakersfield, the time, place, and manner of expression are limited solely by the following general conditions and the additional specific conditions as defined in this policy and those referenced policies.
The exercise of free speech and assembly rights must comply with all applicable federal, state and local laws. In addition, such activities may not:
- Interfere with or disrupt the conduct of University sanctioned business, operations, and activities;
- Obstruct the flow of pedestrian or vehicular traffic;
- Employ unauthorized sound amplification or create unreasonable noise disruptive of normal University activities;
- Harass or intimidate persons in the immediate area of the activity;
- Promote commercial solicitation;
- Violate any federal, state, local safety code, such as regulations set by the State Fire Marshall;
There shall be no restrictions on legal free speech activity based on the content of such speech or expression or on the political, religious, or other affiliations of speakers.
VII Designated Public Forum
Three areas on campus have been designated as public forums in which speakers may address those wishing to listen. The Runner Park Lawn Area (adjacent to the Cafe Quad), Classroom Building Quad(east of Faculty Towers) and Icardo Center Lawn between the University Police Department and the Icardo Center are designated as a public forum for Free Expression. These areas are available to any person, but members of the University community and their organizations shall have preference in the use of these areas. Use of the facilities may be reserved through the Office of the Director of the Student Union and Organizational Governance.
VIII Distribution of Printed Materials
Provided the activity conforms to the limitations in Section VI, individuals or organizations may, without prior scheduling, hand out non-commercial written and printed materials including leaflets, fliers, handbills, posters, petitions and circulars in any outdoor area of the university except roadways, parking lots and athletic fields and arenas. The event should occur between the hours of 9:00 a.m. and 5:00 p.m. Monday through Friday when school is in session.
IX Posting of Printed Materials
In accordance with the CSUB Posting Policy, posting or display of items must be approved and posted in a designated area. Requests for the designated posting areas and approval to post are sought through the Office of the Director of the Student Union and Organizational Governance.
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XI Demonstrations
- Demonstrations and picketing on campus are legitimate means of expression. Anyone who wishes to engage in demonstrations and picketing shall be permitted to do so freely, as long as their conduct is not violent and does not unduly disrupt the functioning of the University or interfere with the rights of other members of the University community or damage University or private property.
- The term “demonstration” as used herein means any rally, gathering, protest, parade or procession.
- Picketing or demonstrating must be orderly at all times and must not jeopardize public order or safety.
- Picketing or demonstrating must not interfere with the entrances to buildings or the normal flow of pedestrian or vehicular traffic.
- Picketing or demonstrating must not interfere with organized meetings or other assemblies in such a way as to invade the rights of others to assemble and the rights of speakers to free expression.
- Picketing or demonstrating must not interfere with classes and teaching, the use of offices or research facilities, the privacy of University housing, Counseling Services, Health Services, and other University activities related to teaching or research.
Student Code of Conduct: Standards for Student Conduct
Speech Code Category: Policies on Tolerance, Respect, and Civility
Last updated: December 4, 2018Students 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.
University Policies: Campus Policy on Disruptive and Violent Behavior
Speech Code Category: Policies on Tolerance, Respect, and Civility
Last updated: December 4, 2018For 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 …Student Housing and Residence Life Policy: Harassment
Speech Code Category: Harassment Policies
Last updated: December 4, 2018Verbal, written, electronic, or other types of harassment – including, but not limited to, sexual, racial, ethnic, or religious harassment, intimidation or physical abuse that threatens, endangers, causes injury, distress, or emotional and/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.
Student Housing and Residence Life Policy: Disorderly Conduct
Speech Code Category: Policies on Tolerance, Respect, and Civility
Last updated: December 4, 2018Behaviors 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.
Student Housing and Residence Life Policy: Posting
Speech Code Category: Posting and Distribution Policies
Last updated: December 4, 2018Residential 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 Student Union and 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.).
Student Housing and Residence Life Policy: Intolerance
Speech Code Category: Policies on Bias and Hate Speech
Last updated: December 4, 2018Acts 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.
Acceptable Computer and Network Use Policy
Speech Code Category: Internet Usage Policies
Last updated: December 4, 2018Conduct 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.
University Catalog: Policy on Academic Freedom and Responsibility
Speech Code Category: Advertised Commitments to Free Expression
Last updated: December 4, 2018Freedom 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.
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California State University, Bakersfield suspends policy on ‘politically related’ postings after rejecting ballot proposition flyers
November 5, 2018
In a welcome victory for freedom of expression, California State University, Bakersfield will not enforce a vague policy barring students from posting “politically related” flyers on campus. As election season draws to a close, Tristan Weiser — an undergraduate student at CSU Bakersfield — sought to draw support for a proposition on tomorrow’s ballot. Although administrators first gave him a stamp of approval to post flyers in support of the proposition on campus, they later refused to give him permission to post the same flyers in other locations, or to post flyers promoting a rally in support of the proposition. […]
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