Location: Madison, South Dakota
Federal Circuit: 8th Circuit
Dakota State University 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.
Speech Code Category: Protest and Demonstration Policies
Only those groups who properly reserve designated areas and complete the DSU grounds use form have the authority to utilize DSU grounds. Reservation requests must be received a minimum of three working days in advance of the scheduled activity. The scheduling coordinator is authorized to grant exceptions to this component of the policy where circumstances warrant.
Speech Code Category: Posting and Distribution Policies
No suggestive material may be placed in public areas. Public areas include hallway walls, public side of room entrance doors, kitchens, lounges, bathrooms and the public side of windows.
Suggestive materials include but are not limited to; pornography, racial material, sexuality material and items promoting the use of alcohol or other drugs.
Speech Code Category: Internet Usage Policies
Use of computing facilities to send obscene or abusive messages ….
Speech Code Category: Policies on Tolerance, Respect, and Civility
Residents have the right … to be free from fear of intimidation, physical and/or emotional harm
Student Handbook: Organizations and Activities- Sponsorship of Non-University Speakers by Student Organizations 13-14
Speech Code Category: Advertised Commitments to Free Expression
In keeping with the educational objectives of this institution, guest speakers are welcome on the campus for the promotion of an
atmosphere of open exchange and critical evaluation of divergent points of view. No topic or issue is too controversial for intelligent
discussion on the campus ….
Speech Code Category: Harassment Policies
Discriminatory conduct proscribed under Board Policies 4:6 1:17 and 1:18 includes sexual harassment, racial harassment, harassment on other grounds identified in Board Policy 1:17, or harassment on any other grounds, directed against individuals.
a. Harassment may be established by showing
i. Conduct toward another person that has the purpose of creating an intimidating, hostile or demeaning environment and that interferes with his or her ability to participate in or to realize the intended benefits of an institutional activity, employment or resource.
ii. Conduct toward another person that has the effect of creating an intimidating, hostile or demeaning environment and that adversely interferes with his or ability to participate in or to realize the intended benefits of an institutional activity, employment or resource.
a) Harassment consists, in most cases, of more than casual or isolated incidents.
(1) Consideration should be given to the context, nature, scope, frequency, duration and location of the incidents, whether they are physically threatening or humiliating as opposed to merely offensive utterances, as well as to the identity, number and relationships of the persons involved.
b) Harassment shall be found where, in aggregate, the incidents are sufficiently pervasive or persistent or severe that a reasonable person with the same characteristics of the victim of the harassing conduct would be adversely affected to a degree that interferes with his or her ability to participate in or to realize the intended benefits of an institutional activity, employment or resource.
(1) The reasonable person standard includes consideration of the perspective of persons of the alleged victim’s race, gender or other circumstances that relate to the purpose for which he or she has become the object of allegedly harassing conduct.
a) If the victim does not subjectively perceive the environment to be hostile, the conduct has not actually altered the conditions of participation and there shall be no violation of this policy.
(2) It is not necessary to show psychological harm to the victim to establish that the conduct would interfere with the person’s ability to participate in or to realize the intended benefits of an institutional activity, employment or resource.
iii. Other conduct that is extreme and outrageous exceeding all bounds usually tolerated by polite society and that has the purpose or the substantial likelihood of interfering with another person’s ability to participate in or to realize the intended benefits of an institutional activity, employment or resource.