Montana State University

MSU Policies and Procedures: Freedom of Expression Policy

Speech Code Category: Harassment Policies
Last updated: November 26, 2018

The following forms of expression are not protected forms of speech and may lead to individuals or groups being subject to disciplinary, administrative or legal action: … Harassment, including speech and other conduct based on a protected class, targeted at an individual, that effectively denies educational access, opportunities, or rights;

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Code of Student Conduct: Proscribed Conduct- Theft/Misuse of Property

Speech Code Category: Internet Usage Policies
Last updated: November 26, 2018

Use of computing facilities to send harassing or abusive messages.

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Board of Regents Policy & Procedures Manual: Policy 1304.1- User Responsibilities- Students

Speech Code Category: Internet Usage Policies
Last updated: November 26, 2018

GUIDELINES: RECOMMENDATIONS, NOT REQUIREMENTS:

Examples of Misuse of Information Technology Resources

The following items represent, but do not fully define, misuse of information technology resources. Note that many of these examples may be considered appropriate uses of technology resources in specific academic contexts; determination of academic appropriateness is the initial responsibility of the user’s academic supervisor (e.g., instructor, department chair, dean, or provost).

1. Using resources for derogatory, racially offensive, sexually offensive, harassing, threatening, or discriminatory purposes.

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Bias and Bias Related Incidents

Speech Code Category: Policies on Bias and Hate Speech
Last updated: November 26, 2018

Bias can be defined as an inclination, temperament or prejudice for or against persons because of their memberships in a protected class, especially in a way considered to be unfair. While bias can take many shapes, it typically results in a state of emotional discomfort and insecurity for the victim. An incident that is motivated by bias may include such things as offensive conduct or language toward a person or group because of membership in a protected class. It may also include discrimination or expressions of disrespect motivated by bias or hate against actual or perceived race, ethnicity, religion, national origin, gender, gender identity, sexual orientation, age, disability, genetic discrimination or veteran status.

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MSU values freedom of expression and the open exchange of ideas and, in particular, the expression of controversial ideas and differing views that is a vital part of the academic discourse and intellectual growth.

The conduct underlying some bias incidents might be protected speech, but still violate the Montana State University’s commitment to inclusivity and diversity. Constitutional rights will continue to be protected, and University community members will also exercise the right to speak, engage in educational dialogue, and seek a constructive response rooted in the university’s mission and vision.

Although students have a fundamental right to free speech, this does not preclude Montana State University from taking action when a student’s speech or expression has impacted another student, faculty or staff’s ability to work and learn in an environment free of bias.

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Residence Hall Handbook: Decorations/Room Displays

Speech Code Category: Posting and Distribution Policies
Last updated: November 26, 2018

Possessions or displays which are inconsistent with accepted standards or University policies should not be displayed on the outside of room doors or in general view of the public. This includes room windows.

For example, posters of nude persons, and harassing or intimidating visual materials are considered inappropriate. Some room displays in public view may constitute a violation of University policies including, but not limited to, discrimination and sexual harassment.

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Code of Student Conduct: Proscribed Conduct- Assault and Harm to Persons

Speech Code Category: Bullying Policies
Last updated: November 26, 2018

Bullying and Cyberbullying are repeated and/or severe aggressive behaviors that intimidate or intentionally harm or control another person physically or emotionally, and are not protected by freedom of expression.

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Discrimination, Harassment, Sexual Misconduct, Dating Violence, Domestic Violence, Stalking and Retaliation

Speech Code Category: Harassment Policies
Last updated: November 26, 2018

Please do not wait to report conduct of concern until harassment becomes sufficiently serious (i.e., severe, pervasive, or persistent) to create a hostile environment. The RO can take proactive steps to prevent harassment from continuing and perhaps escalating and to protect or otherwise assist the person harassed. For example, in the case of a student experiencing harassment, the University can arrange for no-contact orders, counseling and changes in class schedules, living arrangements, class requirements, and testing schedules as needed. The RO can also provide expertise and advice to help identify conduct that might be a warning sign of or constitute sexual harassment or hostile environment harassment prohibited by this policy and address concerns appropriately.

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Sexual Harassment  includes: unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, including sexual misconduct. Sexual harassment, including sexual misconduct, can involve persons of the same or opposite sex.

Consistent with the law, this policy prohibits two types of sexual harassment:

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Hostile Environment Harassment: A Hostile Environment based on race, color, religion, national origin, creed, service in the uniformed services, veteran’s status, sex, age, political ideas, marital or family status, pregnancy, physical or mental disability, genetic information, gender identity, gender expression, or sexual orientation exists when harassment:

• is sufficiently serious (i.e., severe, pervasive, or persistent) and objectively offensive so as to deny or limit a person’s ability to participate in or benefit from the University’s programs, services, opportunities, or activities ; or
• when such conduct has the purpose or effect of unreasonably interfering with an individual’s employment or academic performance.

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MSU Policies and Procedures: Freedom of Expression Policy

Speech Code Category: Advertised Commitments to Free Expression
Last updated: November 26, 2018

MSU supports and encourages diverse points of view, though they may sometimes seem distasteful or offensive, as this is the nature of the University’s educational responsibility and is safeguarded by the freedom of expression. The acceptance of diversity is a fundamental tenet of the Land Grant University system and is instrumental to the creation of new discourses and the weighing of different views.
MSU recognizes the First Amendment rights to expression.  These rights include individual and group expression activities including but not limited to:

• Speaking,
• Assembling,
• Demonstrating,
• Displaying signs,
• Pamphleteering, and
• Political campaigning.

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Student Conduct Code: Proscribed Conduct- Harassment, Hazing, and Bystanding

Speech Code Category: Harassment Policies
Last updated: November 26, 2018

A.Harassment includes but is not limited to verbal, psychological, graphic and/or written abuse directed at another, beyond a reasonable expression of opinion, which:

1. Is threatening or carries with it the intention to do bodily harm; or
2. Disrupts or undermines a person’s exercise of their responsibilities as a student, faculty or staff member including unreasonably interfering with a person’s educational or work performance.

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SPLC: Montana State Court Latest to Apply Common Sense to Colleges’ FERPA Excuses

March 5, 2012

Over on the Student Press Law Center’s blog, Frank LoMonte has an excellent post calling attention to a recent decision by a Montana state court in the case of Bozeman Daily Chronicle v. Montana State University.  The case concerned Montana State University’s refusal to fulfill an open records request made by student journalists seeking documents about a professor’s alleged misconduct. The university had refused to turn over the records, citing the Family Educational Rights and Privacy Act (FERPA), a federal law that limits schools from disclosing student files in certain instances. But as the SPLC and FIRE know all too […]

Montana State University Passes New Policy Expanding Areas for Free Speech on Campus

October 6, 2011

Students at Montana State University – Bozeman (MSU) will now enjoy a much-improved right to engage in free speech and expressive activity on their campus. That’s because, as reported by the MSU student newspaper The Exponent, the Montana State University Council has passed a revised version of MSU’s Freedom of Expression Policy that appears to greatly expand the availability of campus space for speech activity. According to the Exponent article, Previously, free speech zones on campus were only located in front of Montana Hall, in front of Bobcat Stadium and on the sidewalk areas near the fieldhouse entrances. However, the […]