Colorado State University – Pueblo

Colorado State University – Pueblo: Professor’s Email Access Blocked After Message Protesting Layoffs

January 28, 2014

On January 17, 2014, Colorado State University-Pueblo Professor Tim McGettigan emailed all students and faculty, criticizing the administration’s plans to terminate up to 50 positions at the school. McGettigan’s email evoked the Ludlow Massacre, a 1914 attack on striking miners and their families that resulted in numerous deaths. That same day, administrators accused McGettigan of violating a policy that prohibits using email “to intimidate, threaten, or harass other individuals,” and deactivated his email account without warning.

Peaceful Assembly Policy

Speech Code Category: Protest and Demonstration Policies
Last updated: September 12, 2017

The University may, consistent with the Constitution, establish reasonable regulations regarding the time, place, and manner in which persons exercise their free speech rights to the extent necessary to prevent disruption of the normal conduct of University affairs or the endangerment of health and safety of persons or damage to property. Accordingly, persons planning such assemblies on the University campus are strongly encouraged to coordinate their activities and plans in advance through the Office of External Affairs with a minimum notice of 72 business hours.

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Posting Policy

Speech Code Category: Posting and Distribution Policies
Last updated: September 12, 2017

All posters/flyers intended for display beyond those in the OUC or residence halls must be approved.  Posters for the residence hall must be approved by the front desk employees there and all of those being posted in the OUC must be approved through auxiliary services.

Any postings designed in poor taste or with obscene language will not be approved or posted.  Discretion will be left up to Office of External Affairs.

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Student Code of Conduct: Standards of Conduct

Speech Code Category: Policies on Tolerance, Respect, and Civility
Last updated: September 12, 2017

Abusive conduct. Physical abuse, verbal abuse, threats, intimidation, coercion, and/or other conduct which threatens the mental or physical well-being of any person.

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Student Code of Conduct: Standards of Conduct

Speech Code Category: Bullying Policies
Last updated: September 12, 2017

Bullying and Cyberbullying. Bullying and cyberbullying are repeated and/or severe aggressive behaviors that intentionally intimidate, harm or control another person physically or emotionally.

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Student Code of Conduct: Standards of Conduct

Speech Code Category: Harassment Policies
Last updated: September 12, 2017

Harassment.

a. Conduct directed at another student or University employee that is severe, pervasive, or persistent, and that is intended to or is reasonably likely to create an intimidating, hostile or demeaning environment which interferes with the student or University employee’s ability to study, work, or participate in the educational and university community, including off campus, university sponsored activities. This conduct may occur through any means, including but not limited to e-mail, social media, and other technological forms of communication.

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Acceptable Use Policy

Speech Code Category: Internet Usage Policies
Last updated: September 12, 2017

Conduct which violates this policy includes, but is not limited to: … Harassing or intimidating others via email, social media, news groups or Web pages.

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Policy on Discrimination, Protected Class Harassment, Sexual Misconduct, Intimate Partner Violence, Stalking & Retaliation

Speech Code Category: Harassment Policies
Last updated: September 12, 2017

Protected Class Harassment means subjectively unwelcome conduct based upon an individual’s actual or perceived Protected Characteristics where either:

• enduring the unwelcome conduct is made either explicitly or implicitly a condition of a Reporting Party’s continued employment or academic standing; or
• the conduct is so severe, pervasive, and/or objectively offensive that the conduct unreasonably interferes with the Reporting Party’s employment, academic pursuits, or participation in University activities (i.e. the conduct creates an objectively hostile environment). Generally, a single inappropriate joke or offensive epithet does not create a “hostile environment;” however, being subjected to such conduct repeatedly may constitute a “hostile environment.” In determining whether the alleged conduct warrants corrective action, all relevant circumstances, including the context in which the conduct occurred, will be considered. The existence of a “hostile environment” will be determined on the basis of what is reasonable to persons of ordinary sensitivity and not on the particular sensitivity or reaction of an individual.

…

• “Hostile Environment” Sexual Harassment means unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature is so severe, pervasive, and/or objectively offensive that the conduct unreasonably interferes with the Reporting Party’s employment, academic pursuits, or participation in University activities (i.e. the conduct creates an objectively hostile environment). Generally, a single inappropriate joke, unwelcome sexual advance, or unwelcome request for sexual favors does not create a “hostile environment;” however, being subjected to such conduct repeatedly may constitute a “hostile environment.” In determining whether the alleged conduct warrants corrective action, all relevant circumstances, including the context in which the conduct occurred, will be considered. The existence of a “hostile environment” will be determined on the basis of what is reasonable to persons of ordinary sensitivity and not on the particular sensitivity or reaction of an individual.

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The Hickey Police: Petition Asks Lawmakers to ‘Rein in’ Agency that Micromanages Campus Sex

June 28, 2016

By Greg Piper at The College Fix Give your girlfriend a hickey, get expelled… Read more here.

Another Student is Suing the Government Over Campus Sexual Assault

June 17, 2016

By Ashe Schow at Washington Examiner A former University of Virginia student is suing his former school and the federal government over his expulsion for alleged sexual assault… Read more here.

Another Lawsuit Challenges Feds on Title IX Rules for Sexual Assault

June 17, 2016

By Tyler Kingkade at The Huffington Post A former law student at the University of Virginia accused of sexual assault filed a lawsuit against the U.S. Department of Education on Thursday, saying the federal government violated the law when it issued new guidance for how schools should handle sexual violence… Read more here.

Another Lawsuit is Coming After Obama’s Sexual Assault Policies

June 16, 2016

By Blake Neff at The Daily Caller The country’s biggest advocate for civil liberties on U.S. campuses has filed a lawsuit that could blow up a key plank in the Obama administration’s campaign against college sexual assaults… Read more here.

Critics Questioning Role of Universities in Title IX Cases

May 28, 2016

By Derek Quizon at The Daily Progress College and university disciplinary boards used to deal with accusations of academic fraud or plagiarism. In the last two decades, administrations have been forced to handle a far more difficult and complex problem: sexual assault… Read more here.

Students Accused in Campus Sex Assaults Target Federal Rules

May 28, 2016

By Kate Brumback and Kathleen Foody at Associated Press ATLANTA (AP) — As colleges face increasing pressure to aggressively investigate reports of sex assaults, some critics say the rights of the accused are being trampled. Now they want federal guidance on the issue to be tossed out… Read more here.

Due Process and Sex Assaults

May 17, 2016

By Jake New at Inside Higher Ed Citing an erosion of free speech and due process on college campuses, a group of 21 law professors on Monday released an open letter alleging that the U.S. Department of Education has unlawfully expanded how colleges must define and respond to allegations of sexual assault and harassment… Read more here.

U.S. Students Filed Record 10,000 Civil Rights Complaints Last Year

May 4, 2016

By Max Kutner at Newsweek The U.S. Department of Education’s Office for Civil Rights (OCR) received a record number of complaints last year—more than 10,000, nearly twice the number it received a decade ago, and the highest number since OCR was established in 1980… Read more here.

No Surprise: Obama Administration Caught Discriminating Against Men

April 29, 2016

By Stephen Frank at California Political Review According to the Obama Administration if a man is accused of rape, he is guilty of rape.  Seriously.  “Neal’s lawsuit said the problems is systemic, and is caused in part by the April 4, 2011 “Dear Colleague” letter from Russlyn Ali, assistant secretary in the Department of Education’s Office of Civil Rights… Read more here.

Getting a Judge to Recognize Anti-Male Bias in Campus Rape Cases is a Tall Order

April 21, 2016

By Greg Piper at The College Fix You might have already seen Robby Soave of Reason or Ashe Schow of the Washington Examiner write about a bold new lawsuit by a student athlete, Grant Neal, accused of rape. Read more here.

She Said she Wasn’t Raped, but the School Expelled him Anyway

April 20, 2016

By Ashe Schow at Washington Examiner It no longer seems to matter what the woman involved in a sexual encounter says. Schools are so hell bent on proving to the federal government that they take sexual assault accusations seriously that they’ll expel someone based on a third-party accusation – even if the alleged victim says there was no rape… Read more here.

Suspended College Athlete Suing U.S. Over Sexual Assault ‘Guidance’

April 20, 2016

By Max Kutner at Newsweek A former Colorado State athlete who was suspended for sexual assault last fall is now suing the United States government for gender discrimination, while alleging that the Department of Education’s sexual assault guidance violates federal laws, therefore suggesting that every campus sex assault case decided under that guidance could be overturned… Read more here.

Lawsuit Targets Education Department Over Guidance on College Sexual Assault Policies

April 19, 2016

By Tyler Kingkade at Huffington Post A new federal lawsuit filed by a student punished for sexual assault by Colorado State University-Pueblo is taking on a target much more prominent than the school: The Department of Education… Read more here.

Female Student Said, ‘I’m Fine and I Wasn’t Raped.’ University Investigated, Expelled Boyfriend Anyway

April 19, 2016

By Robby Soave at Reason Colorado State University-Pueblo suspended a male athlete for years after he was found responsible for sexually assaulting a female trainer. But the trainer never accused him of wrongdoing, and said repeatedly that their relationship was consensual. She even stated, unambiguously, “I’m fine and I wasn’t raped.”… Read more here.

Federal Judge Warns of “Decreasing Tolerance for Truly Free Expression” at Colleges

March 29, 2016

By Rebecca Downs at Red Alert Politics Chief Judge Loretta A. Preska, of the U.S. District Court of Southern New York told Harvard Law students that she is concerned with campus “free speech zones,” and other threats to free speech, expression, and debate. Preska was invited by the school’s Federalist Society chapter to discuss “The Sad State of the First Amendment on Campuses Today.”… Read more here.    

Unfree Speech on Campus

December 12, 2014

at The Wall Street Journal Soviet dissident Natan Sharansky famously postulated that the test of a free society is the ability to express opinions in the town square without fear of reprisal. Most American colleges wouldn’t pass that test, according to a new report by the Foundation for Individual Rights in Education (Fire). The foundation reports that 55% of the 437 colleges it surveyed this year maintain “severely restrictive” policies that “clearly and substantially prohibit protected speech.” They include 61 private schools and 180 public colleges. Incredibly, this represents progress from Fire’s survey seven years ago when 75% of colleges maintained restrictive […]

PROFESSOR COMPARES CAMPUS LAYOFFS TO KILLING WOMEN, CHILDREN

February 7, 2014

by Kara Mason at The College Fix A Colorado State University-Pueblo professor recently sent a campus wide email that compared plans to layoff dozens of university employees with a 1914 massacre in which families fighting against unfair working conditions were shot and killed. The email was titled “Children of Ludlow” and referred to the 1914 Ludlow Massacre in which more than 12 people – including women and children – were killed by an armed militia. After the email was sent in mid-January, sociology professor Tim McGettigan had access to his campus computer systems, including his email, restricted by administrators, which has […]

Education foundation comes to professor’s defense

January 23, 2014

by Anthony A. Mestas Members of a Philadelphia nonprofit educational foundation devoted to free speech said Wednesday they are deeply concerned that Colorado State University-Pueblo shut down an outspoken professor’s school email account. CSU-Pueblo professor locked out over ‘hit list’ emailCSU-Pueblo professor’s limited email restored Peter Bonilla, a member of the Foundation for Individual Rights in Education, sent a five-page letter to CSU-Pueblo President Lesley Di Mare asking that Tim McGettigan’s email be completely reinstated. “We want his email access to be fully restored without any conditions on it and without any strings attached and without it laying the basis […]

Professor Labeled a ‘Threat’ for Criticizing University Leadership Files Lawsuit

January 15, 2015

Last January, we reported on the story of Tim McGettigan, a sociology professor at Colorado State University–Pueblo (CSU-Pueblo) who was an outspoken critic of the administration’s financial management. After CSU-Pueblo President Lesley DiMare informed faculty and staff in December 2013 that “as many as 50 positions at CSU Pueblo” could be eliminated to compensate for a $3.3 million budgetary shortfall, McGettigan sent out a series of mass emails to the CSU-Pueblo community passionately expressing his concerns and encouraging students and faculty to peacefully protest the planned layoffs. But when McGettigan, in a January 17, 2014 email, invoked metaphorical imagery from […]

‘Flat Hat’ Highlights William & Mary’s ‘Green Light’ Rating

January 29, 2014

The Flat Hat, the student newspaper at The College of William & Mary, points out this week that for yet another year, the university can boast of its “green light” rating for free speech. As The Flat Hat observes, William & Mary is one of an elite few institutions nationwide that maintain policies respecting free speech rights. Depressingly, 58.6% of the schools rated in FIRE’s Spotlight on Speech Codes 2014 report receive a “red light” rating for maintaining at least one clearly unconstitutional policy. The article correctly notes: The problem, for many schools, seems to be striking a balance between […]

After FIRE Letter, Colorado State Gives Prof Limited Access to Email

January 22, 2014

Last week, Colorado State University – Pueblo (CSU-Pueblo) abruptly cut off Professor Tim McGettigan’s access to his email account after he sent an email to students and faculty criticizing the university system’s leadership. McGettigan was told that he had violated the school’s policy against using email “to intimidate, threaten, or harass other individuals”—a policy that allows for account deactivation in situations where safety is at risk. But as FIRE pointed out in a letter (PDF) sent yesterday, McGettigan’s email comprised only constitutionally protected speech, not threats or harassment. Today, McGettigan’s email account has been partially reactivated, but he still cannot send emails to large groups of […]