Location: Lincoln University, Pennsylvania
Website: http://www.lincoln.edu
Type: Public
Federal Circuit: 3rd Circuit
Lincoln University has been given the speech code rating Red. A red light university has at least one policy that both clearly and substantially restricts freedom of speech. Read more here.
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Pennsylvania House of Representatives Select Committee on Student Academic Freedom
September 19, 2005
The Pennsylvania House of Representatives brought together a committee to examine allegations that Pennsylvania’s public universities were plagued by liberal ideology and indoctrination. David A. French, at the time president of FIRE, served as a legal adviser to the panel. FIRE released FIRE Report on the First Amendment Responsibilities of Pennsylvania State-Funded Colleges and Universities, explaining that Pennsylvania universities are bound to follow the strictures of the U.S. and Pennsylvania Constitutions, notably to respect the expressive rights of students and faculty members, to protect religious liberty on campus, and to protect freedom of conscience on campus.
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Red Light Policies
Student Handbook: Policy on Discrimination and Harassment
Speech Code Category: Harassment Policies
Last updated: September 20, 2017The University does not tolerate discrimination against any individual, whether actions, words, jokes, or comments, based on an individual’s sex, race, color, national origin, age, religion, veteran status, sexual orientation, gender identity, gender expression, marital status, genetic information, disability, or any other legally protected characteristic.
Use of Information and Communication Technologies
Speech Code Category: Internet Usage Policies
Last updated: September 20, 2017Lincoln prohibits the use of information and communication technologies in ways that are disruptive, offensive to others, or harmful to morale. Lincoln has well-developed policies against harassment that cover all interactions among people, including those that use information technologies.
For example, the display or transmission of sexually explicit images, messages, and cartoons may be offensive to others and may constitute an incident of sexual harassment. Other such misuse includes, but is not limited to, ethnic slurs, racial comments, off-color jokes, or anything that may be construed as harassment or showing disrespect for others.
HRM 122: Sexual Misconduct Policy
Speech Code Category: Harassment Policies
Last updated: September 20, 2017Sexual Harassment. Sexual harassment is unwelcome sexual advances, requests for sexual favors, and other physical, visual, or verbal behavior of a sexual nature where:
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education; or
- Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting the individual; or
- Such conduct has the purpose or effect of:
- Unreasonably interfering with an individual’s academic or professional performance; or
- Creating an intimidating, hostile, or demeaning employment or educational environment.
To determine whether a hostile environment exists, the conduct will be evaluated from the perspective of a reasonable person in the alleged victim’s position, considering all of the circumstances. A single isolated incident of sexual harassment may create a hostile environment if the incident is sufficiently severe. The more severe the conduct, the less need to show a repetitive series of incidents to provide a hostile environment, particularly if the harassment is physical.
Sexual harassment includes, but is not limited to, the following examples:
- Repeated sexual remarks, offensive stories, remarks about sexual activity or experiences, sexual innuendoes or other suggestive comments that are unwanted and unwelcome by another;
- Displaying or showing pictures, cartoons, or other printed materials of a sexual nature in the workplace or in an educational setting where there is insufficient academic relevance;
- Exposing the private parts of one’s body to another person;
- Unwelcome pressure for a dating, romantic, or intimate relationship;
- Unwelcome touching, kissing, hugging, or massaging;
- Obscene gestures;
- Sexual graffiti, pictures, or posters;
- Sexually explicit profanity.
Student Handbook: Code of Student Conduct- Threat of Harm
Speech Code Category: Harassment Policies
Last updated: September 20, 2017Any act that threatens to harm another person or another person’s property or University property which includes, but is not limited to, (a) harassing, intimidating or threatening conduct, (b) any form of verbal or mental abuse, (c) coercion which is directed toward another person or group of people, or (d) any other conduct which threatens or endangers the health or safety of any person. This offense includes acts conducted through electronic means, particularly social media. Social media is the interaction among people where they create, share, and exchange information and ideas in virtual communities and networks (Twitter, Facebook, Instagram, Pinterest, Snapchat, etc.). Social media can be used in negative ways (i.e. cyber-bullying, sexual harassment). Physical contact is not required.
Student Handbook: Policy on Advertising
Speech Code Category: Posting and Distribution Policies
Last updated: September 20, 2017All publicity must reflect good taste and cannot be misleading in purpose or content.
Student Handbook: Policy on Peaceful Assembly
Speech Code Category: Protest and Demonstration Policies
Last updated: September 20, 2017Lincoln University acknowledges the rights and privileges of students or groups of students to gather on University property for the purpose of peaceful assembly. The University expects the rights and privileges of all persons to be respected at such gatherings.
“Peaceful assembly” is defined as any purposeful gathering on campus, in or outside a University building or facility, by one or more persons whose conduct is peaceful and is in accordance with the University rules, practices, and law. Peaceful assembly includes meetings, speeches, debates, demonstrations, marches, vigils, sit-ins, rallies, protests, and similar meetings or gatherings that do not threaten or violate policies and rules; interfere with the conduct of University business, regular schedules or events; infringe on the rights of others; endanger the health and safety of others; or damage or destroy property.
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Persons planning or initiating such assemblies to be conducted on the University campus are requested to identify their groups and to state their purpose in advance to the appropriate University personnel through the Dean of Students.
HRM 108: Harassment Prevention
Speech Code Category: Harassment Policies
Last updated: September 20, 2017It is the University’s policy that all individuals within the University community have the right to an environment free from any type of discrimination, including any form of harassment. The University is committed to that policy, and under no circumstances will the University tolerate any form of harassment, which includes, but is not limited to: threatening, offensive or intimidating behavior or remarks, demands for sexual favors, or severe and pervasive behavior that creates a hostile or intimidating work environment, because of an individual’s sex, age, race, color, national origin, religion, non-job related disability, or any other characteristic protected by federal, state or local law.
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All employees, supervisors and non-supervisory personnel and guests, including students, vendors, contractors or visitors, are strictly prohibited from engaging in inappropriate or offensive touching of any employee, offensive sexual flirtations, advances or propositions, verbal abuse of a sexual nature, verbal comments about an individual’s body, sexually degrading words used to describe an individual, displaying sexually suggestive objects or pictures in the workplace, or any other conduct that creates a sexually hostile environment.
Student Handbook: Disorderly Conduct
Speech Code Category: Harassment Policies
Last updated: September 20, 2017Physical assault, including sexual assault, is prohibited. Intentional harassment of another person shall not be tolerated. Harassment includes, but is not limited to, threatening, intimidating, verbally abusing, impeding, telephoning, texting, social media, following or persistently bothering or annoying.
Student Handbook: Policy on Distribution of Literature
Speech Code Category: Posting and Distribution Policies
Last updated: September 20, 2017Freedom of speech and expression is highly valued by the University. Distribution of non-commercial literature, pamphlets or leaflets on campus, or within buildings located on University-owned property, however, is restricted as follows: 1. Distribution of literature in University-owned buildings by individual students or by organizations recognized by the University may occur only with prior written permission. A request for the required advance permission should be submitted.
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Speech codes make universities intolerant
January 5, 2006
Have you ever known a legislator who didn’t think his job was terribly important?Imagine the campaign slogan: “Elect me, because who really cares?” Or the direct-mail letters: “It’d be nice if you sent me a donation — but it doesn’t really matter.” The very concept is ridiculous. But apparently someone forgot to tell that to state Rep. Dan Surra, D-Elk. Surra has been quoted in the news media as calling a committee on which he himself serves a “colossal waste of time.” This “colossal waste” is the bipartisan Select Committee on Student Academic Freedom, established last year via House Resolution […]
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Speech Code of the Month: Lincoln University
November 1, 2005
FIRE announces its Speech Code of the Month for November 2005: Lincoln University. Lincoln, a public university in Pennsylvania, defines sexual harassment as “unwelcome and unsolicited sexual advances, request for sexual favors or other verbal, visual or physical conduct or communication with sexual overtones that the victim deems offensive” (emphasis added). This policy shamelessly violates clearly established Supreme Court precedent regarding harassment. Remember that, as a public institution, Lincoln is bound by the Constitution, and Supreme Court decisions are authoritative interpretations of what the Constitution means. And the Supreme Court has held that for conduct to constitute constitutionally unprotected harassment, […]
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