Location: San Marcos, California
Federal Circuit: 9th Circuit
California State University – San Marcos 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 Against Students 14-15
Speech Code Category: Harassment Policies
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.
Speech Code Category: Policies on Tolerance, Respect, and Civility
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.
Speech Code Category: Protest and Demonstration Policies
The University has designated a space on campus as a “free speech and assembly area” that may be used without prior scheduling. … The free speech and assembly area is the space in front of University Hall, 60 feet from the front steps of the building extending to the corner of Starbucks. The area also encompasses the space in front of the Craven Rotunda on the third floor up the stairs to the fourth level of Craven. When assembling on the stairs, six (6) feet to the extreme left and right must be kept clear for pedestrian passage. This space may be used from 9 a.m. to 7 p.m., Monday through Friday.
As to non-scheduled events, use of a different location may be permitted in instances such as a protest where the area may have symbolic relevance (e.g. Cesar Chavez statue).
Speech Code Category: Internet Usage Policies
Users shall not use CSUSM computing and network services for purposes that are inconsistent, incompatible, violate or are in conflict with federal, state laws, as well as campus and CSU regulations and policies. Violations may include but are not limited to harassment, defamation, making threats, committing computer-related crimes, impermissible use of campus resources for political advocacy, copyright infringement, sexual harassment, and child pornography.
November 30, 2011
Yesterday we wrote about our fight for free speech at California State University-San Marcos (CSUSM), where several students were investigated for their possible involvement with the satirical campus magazine The Koala. While CSUSM has now suspended all investigations following FIRE’s intervention, CSUSM faces the prospect of an investigation by the federal Department of Education’s Office for Civil Rights (OCR), after some students submitted a Title IX complaint about the publication. (OCR refused to share any portion of the complaint with FIRE when we requested it under the Freedom of Information Act.) We wrote to Assistant Secretary for Civil Rights Russlynn Ali […]» Read More
California State University-San Marcos Suspends Investigation of Students over Protected Speech in Humor Magazine ‘The Koala’
November 29, 2011
Under pressure from FIRE and the ACLU of San Diego & Imperial Counties (ACLU-SD), California State University–San Marcos (CSUSM) has suspended its investigation of several students who might be affiliated with anonymous humor magazine The Koala. Today, in the face of a Title IX complaint about The Koala that the federal Department of Education’s Office for Civil Rights (OCR) refuses to release, FIRE and the ACLU-SD have also urged OCR that it must not coerce CSUSM to investigate, censor, or punish protected expression such as the material in The Koala. On September 27, 2011, Volume 2, Issue 1 of The Koala was published […]» Read More