Florida International University: Racial and Ethnic Restrictions for Class Enrollment

February 6, 2002

Florida International University (FIU), maintained ethnicity and race requirements for certain language classes. For example, certain Spanish courses limited enrollment to “Hispanic bilinguals educated in the U.S….whose mother tongue is Spanish,” “U.S. Hispanic bilinguals,” and “U.S. Hispanic Bilinguals Only.”; When informed of this policy FIRE explained its immorality and unconstitutionality to the administration. Following FIRE’s lengthy and quiet involvement, the policy was revised.

FIU Diversity: Title IX

Speech Code Category: Harassment Policies
Last updated: June 6, 2018

Sexual Harassment is unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal, or physical conduct of a sexual nature, including Sexual Misconduct or Exploitation when: …  such conduct is so severe or pervasive that it substantially interferes with the individual’s employment, education or access to University programs, activities and opportunities.

[…]

Examples of Sexual Harassment & Sexual Violence

• Pressure for sexual activity
• Requests for sexual favors
• Unwelcome patting, hugging, or touching of a person’s body, hair, or clothing
• Sexual innuendos, jokes, or comments
• Disparaging remarks to a person about her/his gender or body
• Sexual graffiti or Visuals
• Asking about a person’s sexual fantasies, sexual preferences, or sexual activities
• Repeatedly asking for a date after the person has expressed disinterest
• Making sexual gestures with hands or through body movements
• Offensive letters, email, text messages, posts on social networking sites, internet images or transmissions or voicemail messages.
• Dating violence, sexual assault, sexual battery and rape

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Student Code of Conduct: Offenses- Promotions/Posting

Speech Code Category: Posting and Distribution Policies
Last updated: June 6, 2018

Solicitation (i.e., passing or handing out flyers/promotional material, etc.) On Campus, including On-Campus housing facilities, without prior approval from the appropriate University Officials. This includes, but is not limited to, the disbursement of any forms of promotional/informational material on University Premises or objects (e.g., motor vehicles) on University Premises.

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Student Affairs: Stop Bias

Speech Code Category: Policies on Bias and Hate Speech
Last updated: June 6, 2018

What is bias?

A bias incident is an act of bigotry, harassment, intimidation, coercion, or damage to property by known or unknown perpetrators that occurs on the Florida International University campus or within an area that impacts the FIU community. These can be associated with negative feelings and beliefs with respect to others race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, age, social class, political affiliation, disability, veteran status, club affiliation or organizational membership.

[…]

After submitting a report, the Bias Education and Response Team will review it and determine the appropriate next steps, which may include referral to another department, further investigation, etc. A team member will always respond to keep the reporter updated on the status of the case. In cases of anonymous reporting, we are unable to provide a status update on incidents.

[…]

There are many ways to stop bias on campus. All of these ways include changing the culture on campus. This can only be done with the help of students. If you hear or see something that might be offensive, take action. Here are some examples of how you can help change campus culture: … Report and encourage others to report bias-related incidents.

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Student Handbook: Housing and Residential Life – Harassment

Speech Code Category: Harassment Policies
Last updated: June 6, 2018

Conduct, not of a sexual nature, (including, but not limited to, physical contact, verbal, graphic, written, or electronic communication) that creates an intimidating, hostile, or offensive environment for another person or group is prohibited.

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Student Handbook: Housing and Residential Life – Room Personalization Policy

Speech Code Category: Posting and Distribution Policies
Last updated: June 6, 2018

Residents are encouraged to decorate their units in a way that is pleasing and comfortable to them. However, residents need to be respectful of roommates and community members when decorating. Some words, symbols, images, etc. may offend others. The Department of Housing and Residential Life will review resident or staff complaints due to offensive or questionable decorations. Appeals of decisions are at the discretion of the Director of Residential Life and/ or her designee.

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Student Code of Conduct: Freedom of Expression and Assembly

Speech Code Category: Advertised Commitments to Free Expression
Last updated: June 6, 2018

Students are guaranteed freedom of expression.

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Student Code of Conduct: Offenses- Personal Abuse

Speech Code Category: Harassment Policies
Last updated: June 6, 2018

(k) Personal Abuse

1. Verbal or written abuse, threats, intimidation, and/or coercion that objectively endangers the health, safety, or well-being of others. Fighting words and statements which reasonably endanger the health and safety of any person are not protected speech and may result in University action. This definition shall not be interpreted to abridge the right of any member of the University community to freedom of expression protected by the First Amendment of the United States Constitution and any other applicable law.

2. Conduct directed at any person, including a Member of the University Community, which is intended to cause fear, distress, or intimidation and would cause fear, distress, or intimidation to a reasonable person or would place a reasonable person in fear of injury or death.

3. Conduct that is sufficiently severe, pervasive, or persistent that a reasonable person would be adversely affected to a degree that interferes with or limits a his/her ability to participate in or benefit from the services, activities, or opportunities offered by the University school when such conduct is based on race, color, national origin, gender, disability, or any status protected by federal or Florida law.

4. Interference with the freedom of another person or group to move about in a lawful manner.

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Student Code of Conduct: Offenses- Sexual Misconduct

Speech Code Category: Harassment Policies
Last updated: June 6, 2018

Sexual harassment constitutes, in the aggregate, incidents that are sufficiently pervasive, persistent, or severe that a reasonable person would be adversely affected to a degree that interferes with his/her ability to participate in or to realize the intended benefits of a University activity, employment, or resources.

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Florida International University Upholds Legal Equality: Abandons Racial and Ethnic Requirements for Language Courses

February 6, 2002

MIAMI, FL—Florida International University (FIU), responding to FIRE, has issued a strong and unqualified defense of legal equality. Addressing the concerns raised by FIRE President Alan Charles Kors, who challenged a racial and ethnic requirement for several language courses, FIU General Counsel Thomas Mead Santoro made changes to the requirements for the courses to ensure that FIU complies with its ethical obligations, not to mention its obligations to federal and state statutes and regulations, and to the equal protection clause of the Fourteenth Amendment to the Constitution of the United States. In September 2001, a student contacted FIRE with concerns […]