California: Unconstitutional Discriminatory Harassment Policies

August 1, 2009

Executive Order 1097: Systemwide Policy Prohibiting Discrimination, Harassment and Retaliation Against Students

Speech Code Category: Harassment Policies
Last updated: August 1, 2017

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:

a. Submission to, or rejection of, the conduct is explicitly or implicitly used as the basis for any decision affecting a Student’s academic status or progress, or access to benefits and services, honors, programs, or activities available at or through the University; or

b. 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

c. 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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Standards for Student Conduct

Speech Code Category: Policies on Tolerance, Respect, and Civility
Last updated: August 1, 2017

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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Policy on Time, Place, and Manner of Free Expression

Speech Code Category: Protest and Demonstration Policies
Last updated: August 1, 2017

A. Public Forum Areas

In this policy, a “public forum” refers to University property that has traditionally been available to assembly or debate. Right of access and right of equality of access are guaranteed in these public forums. Prior restraint and most content-based restrictions are prohibited, but reasonable time, place, and manner regulations may be applied. Spontaneous events and demonstrations may take place in the public forum areas without reservations. Planned events and demonstrations in the public forum areas require reservations.

The following areas are public forums:

The stage that is northeast of the University-Student Union, plus the area extending outwards 5 feet from every side of the stage; and the walkway area from the statute of the Golden Eagle east of the Golden Eagle building to the southernmost end of the Street of the Arts (see Appendix 1.).

B. Limited Public Forum Areas

“Limited public forum” areas refer to property that has not been traditionally public, but which the University has designated to be open as locations for public discourse. Spontaneous events and demonstrations may not take place in the limited public forum areas. Planned events and demonstrations in the limited public forum areas require reservations.

The following areas are limited public forums:

All outdoor areas on campus (i.e., areas not inside a building) with the exception of: public forum areas, athletic fields (including but not limited to the tennis courts and the swimming pool and deck); streets; street crosswalks; driveways; parking lots; the corporation yard; the area directly between Kennedy Library North and the Palmer Wing South; bridges between buildings; building balconies; building walls; building rooftops; Luckman amphitheater; areas directly adjacent to electrical transformers, generators and panels; and designated construction areas.

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Housing Services Student Guide: Violence, Harassment and Assault

Speech Code Category: Harassment Policies
Last updated: August 1, 2017

Behavior which is abusive or threatening to any member of the community is prohibited. This includes, but is not limited to, physical or sexual assault, verbal threats and/or harassment, and all types of communication via phone, email, and internet forums.

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Standards for Student Conduct

Speech Code Category: Internet Usage Policies
Last updated: August 1, 2017

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

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Policy on Time, Place, and Manner of Free Expression

Speech Code Category: Advertised Commitments to Free Expression
Last updated: August 1, 2017

Exposure to the widest possible range of ideas, viewpoints, opinions and creative expression is an integral and indispensable part of a University education for life in a diverse global society. California State University, Los Angeles supports the right of individual students, faculty, staff and student organizations to exercise free speech, including but not limited to artistic, political, and/or symbolic speech, provided only that such expression does not significantly or materially disrupt normal activities or infringe upon the rights of others.

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User Guidelines for Electronic Communications

Speech Code Category: Internet Usage Policies
Last updated: August 1, 2017

The following are considered improper use of electronic communications: … Using electronic communications to threaten, harass, stalk, defame, or otherwise interfere with the legal rights of others.

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New report ranks Cal State LA as one of the worst colleges for free speech

February 22, 2017

By Hayley Minguia at Pasadena Star-News Cal State LA is known for making all kinds of college rankings. The university finds itself as a contender on lists like TIME’s best colleges, U.S. News and World Report’s top public schools in the West and best engineering programs. But the school also found itself on a list on Wednesday that it’s not so proud of: worst colleges for free speech… Read more here.

New report ranks Cal State LA as one of the worst colleges for free speech

February 22, 2017

By Hayley Munguia at LA Daily News Cal State LA is known for making all kinds of college rankings. The university finds itself as a contender on lists like TIME’s best colleges, U.S. News and World Report’s top public schools in the West and best engineering programs. But the school also found itself on a list on Wednesday that it’s not so proud of: worst colleges for free speech… Read more here.

Cal State-LA Tries to Dump Ben Shapiro Lawsuit by Pointing to Tweaked Policy on Speech Tax

July 25, 2016

By Greg Piper at The College Fix When California State University-Los Angeles tried to extract more than $600 from its Young Americans for Freedom chapter to pay for “enhanced security” at a “controversial” event featuring conservative speaker Ben Shapiro, the group threatened to sue… Read more here.

Higher Ed ‘Industry’ is on the Ropes

July 24, 2016

By Bob Roper at Columbia Daily Tribune For some time, many experts have been predicting the demise of higher education in general and research universities in particular, at least in their current form. Has that day of reckoning arrived? It is difficult to know with precision, but it is easy to identify tough problems facing this “industry:”… Read more here.

Donald Trump Supporters Want Their Own Safe Space

March 7, 2016

By Jane Clark Scharl at National Review We’re living through a revolution, but not the revolution you think. Read more here.

Cal State LA Cancels Conservative Speaker Amid Backlash Over Freedom of Speech

February 27, 2016

By Melanie Graysmith at Examiner.com Here we go again. William Covino, president of California State University Los Angeles (CSULA), canceled an appearance byBen Shapiro, a controversial conservative writer and commentator scheduled to give a speech at an event at Cal State Los Angeles, over students and faculty objections to his conservative views. The thorn for many advocates of academic freedom rises in the light of Covino’s requirement to allow Shapiro’s appearance at a later date, but only along with other commentators with opposing views – clearly more liberal opinions. Supporters of freedom of speech are angered by the seeming inequity […]

Another Speaker Blocked

February 24, 2016

By Josh Logue at Inside Higher Ed Cal State Los Angeles says conservative writer, who was scheduled to criticize trigger warnings and Black Lives Matter movement, can appear only with someone opposing his views. Read more here.

Public University Demanded Conservative Students Pay $621 in Security Fees for Ben Shapiro Talk

February 24, 2016

By Greg Piper at The College Fix California State University-Los Angeles portrayed its cancellation of conservative firebrand Ben Shapiro’s planned Thursday talk as a matter of balance: President William Covino said he wanted Shapiro “to appear as part of a group of speakers with differing viewpoints on diversity.” Read more here.

Regulation Specialists: School ‘Protected Areas’ Unsafe for Free Speech

November 15, 2015

By Staff at The Standard Times College “safe spaces,” where students can hide away from viewpoints that might cause them distress, go against the nation’s First Amendment and even what universities should stand for, according to Constitutional law experts. “They want complete control over their personal lives, over their sex lives, over the use of drugs, but they want mommy and daddy dean to please give them a safe place, to protect them from ideas that maybe are insensitive, maybe will make them think,” attorney Alan Dershowitz told . But instead, the last thing students who demand safe zones want […]

‘Safe Spaces’ on College Campuses Run at Odds with First Amendment, Say Law Experts

November 14, 2015

By Staff at Fox News So-called “safe spaces” — where students can shield themselves from uncomfortable or dissenting viewpoints — might be all the rage on college campuses, but they would not have been too popular with the founding fathers, say Constitutional law experts. “I think the problem is they’re trying to use this word ‘safe’ – which conveys the image of a violent attack – and turning it into safe from ideas and statements we find offensive,” said UCLA law professor Eugene Volokh. “There is no right to be safe from that.” “That is directly contrary to what universities […]

UC’s List of Banned Words is not a ‘Policy,’ Professor Insists at Microaggression Debate

October 7, 2015

By College Fix Staff at The College Fix UPDATED It’s just ‘guidelines’ and it’s based on ‘research’ Nobody at the University of California will be punished for saying “America is the land of opportunity” or asking a foreign-looking student “where are you from?” That was the repeated claim by a UC-Irvine professor during a heated discussion about microaggressions at the campus Tuesday night, moderated by Southern California Public Radio. The impetus for the event was UC’s “training sessions” in the previous academic year, in which deans and department chairs were instructed not to use certain words or phrases that could offend minority populations. […]

Vindicated: Researcher Punished For Exposing Climate Fraud Beats UCLA

March 12, 2015

By Matt Lamb at The College Fix School says it’s purely a financial decision – trial ain’t cheap Scientific research at universities is supposed to involve inquiry into established theories and hypotheses. That is, unless they question environmental regulations. One UCLA science researcher, a 34-year veteran of the school, found himself out of a job in 2011 after examining the data underlying diesel regulations proposed by a California regulator and exposing the shoddy credentials of a lead author of that regulator’s report. James Enstrom secured victory in a two-and-a-half year legal battle against UCLA last week when the school agreed […]

UCLA Law Students Traumatized By Exam Question About Ferguson

December 12, 2014

By William A. Jacobson at Legal Insurrection You thought it was bad that law students at Columbia, Harvard, Georgetown and Berkeleydemanded exam delays because of the failure of grand juries to indict in the killings of Michael Brown and Eric Garner? Sit down. Harvey Silverglate, civil liberties lawyer and co-founder of the FIRE, tweets a link to a Volokh Conspiracy post:   The original story is from the UCLA Daily Bruin, Law school exam question on Ferguson shooting draws criticism: Some students at the UCLA School of Law have expressed concerns after a professor asked an exam question this week […]

FIRE Announces America’s 10 Worst Colleges for Free Speech: 2017

February 22, 2017

PHILADELPHIA, Feb. 22, 2017—More than 92 percent of American colleges maintain speech codes that either clearly restrict—or could too easily be used to restrict—free speech. Each year, the Foundation for Individual Rights in Education (FIRE) takes a closer look at campus censorship to identify America’s 10 worst colleges for free speech. The 2017 list of the 10 worst colleges for free speech—published today with detailed descriptions at The Huffington Post—includes both public and private institutions. Public colleges and universities are bound by the First Amendment. Private colleges on this list are not required by the Constitution to respect student and […]

YAF Lawsuit Against CSULA Proceeds on Narrow Grounds

December 15, 2016

Ten months ago, conservative author and political commentator Ben Shapiro spoke at California State University, Los Angeles (CSULA). Shapiro’s speech was not without obstacles: CSULA attempted to charge the event’s sponsor, the Young America’s Foundation (YAF), more than $600 in security fees before unilaterally canceling (and then un-canceling) the event. When Shapiro finally spoke, some protesters interrupted the speech and even blocked the entrance to the event. In May, YAF and Shapiro filed a lawsuit against CSULA—as well as several administrators and professors—arguing that both the university’s security fee policy and its staff’s alleged contributions to protesters’ disruptive tactics violated […]

CSU Los Angeles Reforms ‘Controversial’ Speaker Fee Policy Following Lawsuit

July 22, 2016

In February, conservative author and political commentator Ben Shapiro spoke at California State University, Los Angeles (CSULA), despite efforts by CSULA President William Covino—joined by some faculty members and students—to prevent him from speaking. In May, Shapiro and the event’s sponsor, the Young America’s Foundation (YAF), filed a lawsuit against CSULA, Covino, and several administrators on First Amendment grounds. Last week, CSULA sought to dismiss the lawsuit on the basis that they’ve now abandoned their policy requiring students (or visiting speakers) to pay for security guards whenever a “controversial” speaker comes to campus. Unfortunately, CSULA’s new policy would still permit […]

CSU Los Angeles President Fails to Prevent Shapiro Talk, But Protesters Try Their Hardest Anyway

February 26, 2016

Yesterday afternoon, conservative author and political commentator Ben Shapiro, editor-at-large of the Breitbart News Network, spoke at California State University, Los Angeles (CSULA), but not without struggle. Shapiro’s talk, entitled “When Diversity Becomes a Problem,” was first unilaterally cancelled by CSULA President William Covino on the basis that the event would not be “inclusive” of differing viewpoints. After Shapiro vowed to show up anyway, Covino relented and CSULA issued a statement—about an hour before the talk was scheduled to begin—stating that CSULA would “allow” Shapiro to speak. Covino’s statement, however, departed from his earlier concern about the need for “differing […]

CSU Los Angeles Reverses Decision to Disinvite Ben Shapiro

February 25, 2016

California State University, Los Angeles (CSULA) will let Ben Shapiro speak after all. Yesterday, CSULA president William Covino announced he had unilaterally decided to cancel a speech by conservative author and political commentator Ben Shapiro, editor-at-large of the Breitbart News Network. Shapiro, who was invited by CSULA’s student-run chapter of the Young America’s Foundation, was slated to give a speech entitled “When Diversity Becomes a Problem” this evening at 5:00 p.m. (EST). President Covino, however, abruptly cancelled the speech, calling for it to be rescheduled to an undetermined date when other speakers could also be present so that the speech […]

In the Name of Free Exchange of Ideas, CSU Los Angeles Resorts to Censorship

February 24, 2016

Another story of administrative censorship made headlines yesterday, this time out of California State University, Los Angeles (CSULA). CSULA’s president, William Covino, is the latest university president to take it upon himself to cancel a student organization’s event due to the views of an invited speaker. The target of Covino’s censorship is conservative author and political commentator Ben Shapiro, editor-at-large of the Breitbart News Network. Shapiro’s lecture, to have been hosted tomorrow by the CSULA Young America’s Foundation (YAF), was titled “When Diversity Becomes a Problem” and was predictably controversial. According to the event’s Facebook page, Shapiro was planning to “discuss how […]

Cal State Declares Sex Toy Event ‘Not Appropriate,’ Cancels Program

February 10, 2015

California State University, Los Angeles (CSULA) canceled an event focused on sex toys after an angry parent complained that the content of the program was inappropriate for her adult daughter and her peers. The event was planned by CSULA’s Gender and Sexuality Resource Center, a department of its Student Union, in conjunction with a local adult store. According to CBS News, money from student activity fees was going to be used for the event. Though questions about whether funding was approved through the right channels have yet to be answered, CSULA made clear through remarks from a spokeswoman that its […]