California State University – Monterey Bay
Location: Seaside, California
Website: http://csumb.edu/
Type: Public
Federal Circuit: 9th Circuit
Speech Code Rating
California State University – Monterey Bay 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
CSUMB Catalog: Rights & Responsibilities- Sexual Harassment
Speech Code Category: Harassment Policies
Last updated: December 1, 2017Sexual harassment may range from sexual innuendoes made at inappropriate times, perhaps in the guise of humor, to coerced sexual relations.
Sexual harassment occurs when unwelcome conduct is engaged in because of the targeted individual’s sex, and: … 3. Such conduct is so severe or pervasive that its effect, whether or not intended, is an environment that could be considered by a reasonable person, and is in fact considered by the individual, as intimidating, hostile or offensive.
Sexual harassment can be written (in print or electronically), verbal, visual or physical. Examples of harassment include:
- Written communications, such as sending inappropriate jokes or comments in print or by e-mail;
- Verbal communications, such as making graphic or degrading comments about an individual and/or his or her body or personal characteristics, or using epithets, derogatory comments or slurs;
- Physical acts, such as unwanted touching, physical interference, or even assault;
- Visual acts or displays, such as derogatory cartoons, drawings, or posters, or inappropriate gestures;
- Making unwelcome sexual advances or propositions, or offering employment benefits or giving preferential treatment in exchange for sexual favors;
- Making or threatening reprisals after a negative response to unwelcome conduct.
CSUMB Catalog: Rights & Responsibilities- Student Conduct
Speech Code Category: Internet Usage Policies
Last updated: December 1, 2017The following are the rounds upon which student discipline can be based:
…
Use of computing facilities and resources to send obscene or intimidating and abusive messages.
CSUMB Catalog: Rights & Responsibilities- Student Conduct
Speech Code Category: Policies on Tolerance, Respect, and Civility
Last updated: December 1, 2017Students 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.
Residential Life Community Standards: Posting/Advertising
Speech Code Category: Posting and Distribution Policies
Last updated: December 1, 2017Signs not meeting the educational goals and mission of the University, containing false, misleading or fraudulent information or discriminating or offensive language are strictly prohibited.
Residential Life Community Standards: Discrimination/Harassment
Speech Code Category: Harassment Policies
Last updated: December 1, 2017When decorating your living area (including, but not limited to, the interior and exterior of room/suite/doors, windows, lounges, etc.), please remember that you are part of a diverse community. If community members approach Student Housing & Residential Life staff members with concerns about displaying decorations (included, but not limited to comic strips, videos, posters, phrases, quotes, signs and/or other forms of expression, etc.), residents may request the removal of materials in public view. While we support the rights of individuals to express thoughts and ideas, reasonable time, place, and manner of that expression will be expected of all community members so individuals can live in an environment without ‘decorations’ that may be pornographic, discriminatory, or which promote hate toward community members, including members of constitutionally protected categories.
…Using vulgar, discriminatory, or harassing comments or language when interacting with community members (students, faculty, staff, administrators, etc.) may be subject to conduct action.
Executive Order 1097: Systemwide Policy Prohibiting Discrimination, Harassment and Retaliation Against Students
Speech Code Category: Harassment Policies
Last updated: December 1, 2017Sexual 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:
- 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
- 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.
Residential Life Community Standards: Jeopardizing the Academic Success, Health, and/or Safety of Self/Others
Speech Code Category: Harassment Policies
Last updated: December 1, 2017Any threat or action of physical, emotional, or verbal harm in any form (including, but not limited to on line postings, written statements, verbal interactions, assault/battery, physical fights, malicious pranks, etc.) to any community member or guest is prohibited.
…
The placing of annoying or harassing telephone calls or emails, texts messages, Instant Messages (IMs), and/or posting to social networking websites that negatively impacts another individuals’ success may result in conduct action.
Time, Place, and Manner Policy (Interim)
Speech Code Category: Protest and Demonstration Policies
Last updated: December 1, 2017CSUMB believes that the search for knowledge requires the freedom to speak openly about concerns and issues. All students and employees of CSUMB and members of the public are free to lawfully exercise their constitutional right to freedom of expression on University property. Freedom of expression activity includes, but is not limited to, pure or symbolic speech, assembly, meeting, demonstrations or rallies, picketing, petitioning, distributing flyers, mime and theater, music and singing, survey research, and religious or political activity. The University may establish reasonable time, place, and manner regulations regarding the use of its public facilities to ensure that individuals and groups exercising their legitimate rights do not infringe on the rights of others or disrupt the educational process or other operations of the University.
…
TIME: Daily, 8 a.m. to 10 p.m., except for current CSUMB registered students and student clubs/organizations who may engage in freedom of expression activities at anytime.
PLACE: Freedom of expression activities may take place on campus with the following exceptions: inside parking lots and University buildings and within 20 feet of any location in which instructional, educational and/or official business activities are being conducted. Popular locations are outside the Tanimura and Antle Family Memorial Library and in the Main Quad.
MANNER: Freedom of expression must be conducted in a manner that (1) shall not interfere with or obstruct the free flow of pedestrian or vehicular traffic; (2) shall not interfere with or disrupt the conduct of University business; (3) shall be carried out without creating excessive noise by use of a device; (4) shall not unreasonably interfere with classes in session or other scheduled academic, educational, cultural/arts programs; (5) shall not promote an unlawful end, such as promoting actual violence or bodily or property harms, terrorist threats, defamation, obscenity, and false advertising; and (6) shall not violate any federal, state or local safety code, such as regulations set by the State Fire Marshal. Persons using areas generally available to students and the community are allowed to distribute petitions, circulars, leaflets, newspapers, and other printed matter. Individuals or groups distributing materials in these areas, other than material discarded or dropped in or around appropriate receptacles, shall retrieve and remove such materials, prior to their departure from the areas that day. Enforcement will be in compliance with existing state and federal laws.