California State University – East Bay
Location: Hayward, California
Website: http://www.csueastbay.edu
Type: Public
Federal Circuit: 9th Circuit
Speech Code Rating
California State University – East Bay 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.
Executive Order 1097: Systemwide Policy Prohibiting Discrimination, Harassment and Retaliation, Sexual Misconduct, Dating and Domestic Violence, and Stalking against Students and Systemwide Procedure for Addressing Such Complaints by Students
Speech Code Category: Harassment Policies
Last updated: September 14, 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 Violence, sexual advances, requests for sexual favors, and indecent exposure where:
1. Submission to, or rejection of, the conduct is explicitly or implicitly used as the basis for any decision affecting a Complainant’s academic status or progress, or access to benefits and services, honors, programs, or activities available at or through 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 limiting his or her ability to participate in or benefit from the services, activities or opportunities offered by the University; or
3. 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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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. This policy covers unwelcome conduct of a sexual nature.
While romantic, sexual, intimate, personal or social relationships between members of the University community may begin as consensual, they may evolve into situations that lead to Sexual Harassment or Sexual Misconduct, including Dating or Domestic Violence, or Stalking, subject to this policy.
Standards for Student Conduct
Speech Code Category: Policies on Tolerance, Respect, and Civility
Last updated: September 14, 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.
Temporary Exterior Signs and Postings Policy
Speech Code Category: Posting and Distribution Policies
Last updated: September 14, 2018The university recognizes that signs – including posters, banners, flyers, notices, brochures, etc. – are a means for communicating information to the campus community. The purpose of this Signs and Postings Policy (“Policy”) is to provide a balance between the dissemination of information and maintaining the appearance of the campus environment. This includes ensuring that graphic and style standards are consistently maintained, as well as avoiding content that may be deemed offensive to members of the campus community and visitors to the campus.
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Postings must include the name of the sponsoring agency or organization and date of the event or meeting that is being announced.
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In general, content for postings shall be limited to announcing an event or activity.
Student Housing License Agreement: Community Living
Speech Code Category: Policies on Tolerance, Respect, and Civility
Last updated: September 14, 2018Licensees are expected to report uncivil treatment of others, vandalism, and other violations of the License Agreement to Student Housing staff.
Standards for Student Conduct
Speech Code Category: Internet Usage Policies
Last updated: September 14, 2018Use of computing facilities and resources to send obscene or intimidating and abusive messages.
University Executive Directive #11-04: Time, Place, and Manner of Free Expression
Speech Code Category: Protest and Demonstration Policies
Last updated: September 14, 2018Freedom of expression is a cornerstone of a democratic society and is essential to the educational process. Universities have a special obligation not only to tolerate but also to encourage and support the free expression of ideas, values and opinions, even where they may be unpopular or controversial.
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Freedom of expression is an individual right, and therefore is not restricted to place. While freedom of expression is encouraged everywhere on campus, the Agora Stage area is the most common place where individuals and groups assemble to exercise the right of free expression unless the space has already been scheduled in advance. … Other outdoor spaces on campus may be used as public gathering spaces for events and activities. Where amplified sound, equipment, or commercialism is involved, use of University scheduling protocols is required.
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To address public safety issues (routes of march, necessary public safety staffing, etc.), groups contemplating holding public assemblies, marches or demonstrations are strongly encouraged to notify the University Police in advance of the event, preferably at least 72 hours in advance.
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Individuals may … without prior scheduling, distribute non-commercial written and printed materials in any outdoor area of the University (excepting roadways) or in any University building.
Student Rights and Responsibilities
Speech Code Category: Advertised Commitments to Free Expression
Last updated: September 14, 2018Freedom of expression and academic freedom are essential. The university is an institution that recognizes unfettered freedom in the give and take of ideas and opinions.
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Speech Code of the Month: California State University, East Bay
November 20, 2017
FIRE announces our Speech Code of the Month for November 2017: California State University, East Bay. The stated purpose of CSU East Bay’s “Temporary Exterior Signs and Postings Policy” is to prevent the posting of “content that may be deemed offensive to members of the campus community and visitors to the campus.” To that end, the policy requires that both the “content and placement” of flyers posted by students and student groups be approved by CSU East Bay staff. Regarding acceptable content, the only guidance offered is that “[i]n general, content for postings shall be limited to announcing an event […]
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