Red Light Policies

• Georgia Southern University Policy Prohibiting Sexual Harassment

  Speech Code Category: Harassment Policies
  Last updated: November 4, 2016

  Sexual harassment is defined as unwelcome conduct of a sexual nature. Such conduct may include sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. Conduct that is severe or pervasive enough to create a hostile work or academic environment constitutes one type of sexual harassment.  Depending on the severity, it is possible for a single incident to be sufficient to constitute a hostile environment. … Students should and employees must report any unwelcome conduct of a sexual nature regardless of severity or the number of occurrences so that Georgia Southern can take steps to address harassment before it creates a hostile environment.

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• Assembly and Demonstrations

  Speech Code Category: Protest and Demonstration Policies
  Last updated: November 4, 2016

  Students, faculty, staff, and their registered student organizations may assemble and/or demonstrate anywhere on university grounds between the hours of 6:00 a.m. and 11:00 p.m., Monday through Sunday as long as the assembly and/or demonstration adheres to the provisions of Item 1 and a properly submitted Free Speech Area Request Form has been approved. … Requests to reserve campus grounds for an assembly and/or demonstration must be made at least forty-eight (48) hours in advance of the activity. This advance notice allows the University the opportunity to avoid the problem of simultaneous and/or competing assemblies or demonstrations and to arrange for adequate security.

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• Student Conduct Code: Honor Pledge

  Speech Code Category: Policies on Tolerance, Respect, and Civility
  Last updated: November 4, 2016

  On my honor, I pledge …  to create a campus environment that is characterized by individual responsibility, civility, and integrity.

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• Student Conduct Code: Harassment

  Speech Code Category: Harassment Policies
  Last updated: November 4, 2016

  (a) speech or other expression (words, pictures, symbols) that constitutes fighting words and is sufficiently severe, pervasive, or persistent so as to interfere, limit, or deny one’s ability to participate in or benefit from an educational program. Fighting words may include, but are not limited to, words, pictures or symbols that:

  i. are directed to an individual or individuals based on that person’s race, color, sex, religion, creed, age, sexual orientation, gender, gender identity, disability, veteran status or national origin, and

  ii. threaten violence, tend to incite an immediate breach of the peace or provoke a violent response.

  In the context of this policy, fighting words are those which are commonly understood to convey direct and visceral hated or contempt for human beings. When determining whether speech is such as would provoke a violent response or incite an immediate breach of the peace, it is not necessary to show that that the person(s) addressed by the speech was or were actually incited to violence or hostile action. Conduct will be evaluated on a case-by-case basis, considering all circumstances involved.

  (b) following, placing under surveillance, or contacting (in person, by phone, electronically, or by any other means) another person without his or her permission for the purpose of harassing or intimidating that person. Harassing or intimidating means a knowing and willful course of conduct that serves no legitimate purpose and causes emotional distress by placing another person in reasonable fear for the safety of him/herself or others.

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• College’s Speech Violation Based On Gov’t Instruction

  January 22, 2015

  By Bob Kellogg at OneNewsNow The Foundation for Individual Rights in Education has announced its Speech Code of the Month goes to Georgia Southern University for adopting an unconstitutional speech policy. Robert Shibley of FIRE says in 2013 the U.S. Department of Education issued a blueprint for sexual harassment policies. Schools are told sexual harassment should be more broadly defined. “What the recommendation amounts to is urging a national speech code,” Shibley tells OneNewsNow. “And unfortunately Georgia Southern has fallen into that trap and passed an unconstitutional speech code at the behest of the federal government.” He says the DOE coerces […]

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• Speech Code of the Month: Georgia Southern University

  January 14, 2015

  FIRE announces its Speech Code of the Month for January 2015: Georgia Southern University (GSU). As we begin a new year, we want to keep the focus squarely on the incursions on free speech by the federal government—specifically, by the U.S. Department of Education’s Office for Civil Rights (OCR). Last month, we highlighted a policy change at Pennsylvania State University that tracks the recommendations made by OCR in its May 2013 agreement with the University of Montana, which OCR described as a “blueprint for colleges and universities throughout the country to protect students from sexual harassment and assault.” In the […]

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• A Year Later, Impact of Feds’ ‘Blueprint’ Comes into Focus

  August 28, 2014

  Last summer, FIRE sounded the alarm about a shockingly broad definition of sexual harassment being pushed by the Departments of Education (ED) and Justice (DOJ) as a “blueprint for colleges and universities throughout the country.” Announced at the conclusion of a year-long investigation into the University of Montana’s sexual assault policies and practices, the resolution agreement and findings letter the feds labeled a “blueprint” defined sexual harassment as “any unwelcome conduct of a sexual nature,” including “verbal conduct” (i.e., speech). And this all-encompassing definition wasn’t just a general characterization of sexual harassment; rather, it was the exact policy language that ED and DOJ were requiring the University of Montana to adopt verbatim.

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