Northern Arizona University

Northern Arizona University: Students Threatened With Discipline for September 11 Commemoration

September 13, 2011

Bias Education & Support

Last updated: March 13, 2018

At Northern Arizona University, we are committed to creating and maintaining an environment free of discrimination based on race, color, ethnicity, religion, sex, national origin, age, disability, veteran status, sexual orientation, gender identity, and genetic information.

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The NAU community values the freedom of expression rights guaranteed to all individuals in the First Amendment. Not all bias-related speech or even hateful speech is a violation of law or NAU policy and subject to discipline. The University nevertheless has the right to respond to such speech in a way which promotes the mission and values of the University, a safe working and learning environment, and a climate of respect, access and inclusion.

We consider acts of bias, discrimination, hate, and harassment, as contrary to our institutional values, and unacceptable to our community.

We encourage anyone who has experienced or witnessed an act of bias to report it and to access available resources. Together, we can work to make NAU a more welcoming community for all.

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Standards for the Appropriate Use of Information Technology Resources

Speech Code Category: Internet Usage Policies
Last updated: March 13, 2018

Unlawful or unauthorized use of University IT Resources can expose the individual user and the University to civil liability damage claims as well as potential criminal liability. Unlawful or unauthorized uses may include, but are not limited to, harassment and intimidation of individuals on the basis of race, color, national origin, sex, religion, sexual orientation or disability; accessing, creation, display or transmission of obscenity, child pornography or material harmful to minors as defined by law; threats; theft; unauthorized attempts to gain access to data; attempted breaches of IT or software security measures on any electronic communications system; attempting to intercept electronic communication transmissions without proper authority; and violation of intellectual property or defamation laws.

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IT Resources shall not be used to send, post, or display libelous or defamatory messages, text, graphics, or images or to transmit or participate in any communications prohibited by law, including but not limited to fraudulent, harassing, obscene, or threatening messages

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Student Handbook: Statement Regarding Planned Events

Speech Code Category: Protest and Demonstration Policies
Last updated: March 13, 2018

A planned event is a rally, demonstration, march, or other group event which is organized and promoted more than one day prior to the event; this does not include spontaneous demonstrations for which there is no prior promotion or organization. Prior to sponsoring a planned event, the organization representative should complete an Event Form (which is available in the Student Unions and Activities office, Room 111 of the University Union). The purpose of this form is to provide information pertaining to time and location of the event; purpose of the event; sponsor of the event as well as types of activities to be included at the event. This information is necessary to ensure that size, safety, logistics, and other considerations are properly addressed prior to a planned event.

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Safe Working and Learning Environment Policy: Discrimination

Speech Code Category: Harassment Policies
Last updated: March 13, 2018

Harassment is a specific form of discrimination. It is unwelcome behavior, based upon an individual’s actual or perceived protected status, where, in aggregate, the incidents are sufficiently pervasive or severe that a reasonable person with the same characteristics as the victim of the harassing conduct would be adversely affected to a degree that interferes to his or her ability to participate in or to realize the intended benefits of an institutional activity, employment or resource. Conduct over social media that rises to this level is prohibited. Harassment, as defined above, is not protected by the First Amendment.

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Safe Working and Learning Environment Policy: Sexual Harassment

Speech Code Category: Harassment Policies
Last updated: March 13, 2018

Sexual harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: … such conduct has the purpose or effect of unreasonably interfering with an individual’s work, education, or participation in Board or university activities or creating an intimidating, hostile, or offensive environment.

Following are some examples of behavior that could constitute sexual harassment if proven to be unwelcome and, where, in aggregate, the incidents are sufficiently pervasive or severe that a reasonable person with the same characteristics as the victim of the harassing conduct would be adversely affected to a degree that interferes to his or her ability to participate in or to realize the intended benefits of an institutional activity, employment or resource. Conduct over social media that rises to this level is prohibited. Harassment, as define above, is not protected by the First Amendment:

• verbal – jokes, comments, requests, or questions of a sexual nature
• non-verbal – whistling, staring at body parts, blocking someone’s entrance or exit from a space, gestures of a sexual nature
• physical – touching, patting, pinching, slapping, rubbing or any physical contact that is uninvited or offensive
• visual – photos, posters, calendars, jokes, cartoons, memos, letters, or notices of a sexual nature which are placed in or on university property, premises, vehicles or other work or study locations of the university
• electronic – telephone, facsimile or e-mail communication of a sexual nature that is unwelcome or offensive.

This list of examples is not exhaustive.

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Student Handbook: Statement Regarding Planned Events

Speech Code Category: Advertised Commitments to Free Expression
Last updated: March 13, 2018

The right to freedom of expression is protected by the First Amendment and is upheld by the Arizona Board of Regents and Northern Arizona University. Northern Arizona University supports the free expression of individual and group views on a variety of topics. The creation and maintenance of productive environments within which this expression and exchange of ideas can take place is an important mission for the university. While the issues and topics may vary and at times be controversial, it is the expectation of the university that members of the university community (students, faculty, staff, and guests) would respect the right of others to freely express their opinions, beliefs and views.

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Arizona Board of Regents Student Code of Conduct

Speech Code Category: Harassment Policies
Last updated: March 13, 2018

Endangering, threatening, or causing physical harm to any member of the university community or to oneself, causing reasonable apprehension of such harm or engaging in conduct or communications that a reasonable person would interpret as a serious expression of intent to harm.

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Stalking or engaging in repeated or significant behavior toward another individual, whether in person, in writing, or through electronic means, after having been asked to stop, or doing so to such a degree that a reasonable person, subject to such contact, would regard the contact as unwanted.

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Commemorate 9/11 on campus? Not without a permit!

September 13, 2011

In the immediate aftermath of the attacks of September 11, 2001, one of the few places it was controversial to display the American flag — a symbol of unity in that terrifying time — was on America’s college campuses. Ten years later, it still is. Last Friday, three college conservatives at Northern Arizona University (NAU) gathered in the student union to pass out small American flags in remembrance of 9/11. They were indoors, against the wall of a large room, because it was raining outside. Wisely, they also brought a video camera. It wasn’t long before an administrator approached them […]

University Plans to Install Electronic Sensors to Track Class Attendance

May 5, 2010

A plan to electronically track attendance at an Arizona university is being framed as a way to encourage going to class and participation, but privacy experts and some students are wary the technology could become a security and privacy concern. Northern Arizona University (NAU) in Flagstaff, will start using “proximity card readers” in some lower-division classes in fall 2010, to record student attendance, said NAU Spokesman Tom Bauer. Using $85,000 in federal stimulus funds, the university hopes such a tool will push professors to incorporate attendance in their grading systems, he said. “I think there’s a misunderstanding of what this […]

NAU speech code unconstitutional

November 30, 2005

Northern Arizona University is getting some unwanted publicity for its speech code that violates the U.S. Constitution. The Foundation for Individual Rights in Education in October singled out the Flagstaff school for its ironically titled “Speech Code of the Month” award. And a recent Goldwater Institute e-mail newsletter carried this headline: “First Amendment on Spring Break at NAU.” I seldom agree with Goldwater, but this time the institute is right. NAU’s nine-page “Safe Working and Learning Environment Policy” states: “Prohibited harassment includes, but is not limited to, stereotyping, negative comments or jokes, explicit threats, segregation, and verbal or physical assault […]

Capsule comments

November 19, 2005

Northern Arizona University has adopted a speech code that prohibits “stereotyping” and “negative comments and jokes.” According to the Goldwater Institute, the code also includes a list of prohibited topics that might be offensive, such as veteran status or sexual orientation. While it is laudable to protect students, faculty members and staffers from harassment, the First Amendment remains in effect, and it doesn’t bar offensive speech. A less sweeping speech code is more appropriate for this public university.

First Amendment on Spring Break at NAU

November 17, 2005

The Foundation for Individual Rights in Education (FIRE) recognized Northern Arizona University (NAU) as the October 2005 “winner” of its Speech Code of the Month award. Please hold your applause, though – the award is given to colleges whose speech codes run afoul of the First Amendment. The speech code prohibits “stereotyping” and “negative comments and jokes.” It also includes a laundry list of prohibited topics that might be offensive, such as one’s veteran status or sexual orientation. Yet, the First Amendment protects all sorts of speech – including crude and offensive comments. With its vague language and broad sweep, […]

Editorial: NAU’s restrictive speech code is an unconstitutional disgrace

October 30, 2005

East Valley Tribune Northern Arizona University has received some dubious recognition for its clumsy efforts to stamp out incivility and bias among students with a speech code that clearly violates the First Amendment. The Foundation for Individual Rights in Education (www.thefire.org) has singled out NAU’s “Safe Working and Learning Environment Policy” for its Speech Code of the Month award for October. FIRE has been challenging campus speech codes around the country in recent years, as student activists and compliant administrators have tried to prohibit actions and speech that some find offensive. The NAU policy states that “[p]rohibited harassment includes, but […]

Student Spotlight: Beth Baumann, Championing Free Speech at Northern Arizona University

July 11, 2014

In September 2011, when Beth Baumann of Northern Arizona University (NAU) made plans to commemorate the 2001 terrorist attack on the World Trade Center, she never expected to be shut down by her school. After all, who would stop students from handing out miniature American flags, pins, and bumper stickers? But when inclement weather forced her and two compatriots to move their commemoration from the courtyard outside of the student union into the building itself, they unknowingly exited the school’s free speech zone.

Speech Codes of the Year: 2005

December 29, 2005

An outrageous number of colleges and universities severely restrict their students’ expressive rights—so many that researching and analyzing these restrictions is my full-time job. As 2005 draws to a close, I would like to highlight just a few of the particularly outrageous (but, sadly, quite common) restrictions that I found in the course of my research this year. These institutions should be ashamed of themselves. Stevens Institute of Technology provides students with a laundry list of behaviors that constitute sexual harassment, including “sexist jokes,” “comments regarding a person’s attire,” “displaying or discussing materials pertaining to males or females in a […]

Beating the Drum in Arizona

December 1, 2005

Back in October, Northern Arizona University “won” the distinction of being named FIRE’s Speech Code of the Month. Not surprisingly, that earned the university some bad publicity, including a newspaper editorial appropriately titled “NAU’s restrictive speech code is an unconstitutional disgrace.” And it turns out NAU’s time in the hot seat isn’t over. Its deplorable speech code was denounced just yesterday in the Arizona Daily Star. Here is a snippet of Jim Kiser’s excellent editorial: NAU’s nine-page “Safe Working and Learning Environment Policy” states: “Prohibited harassment includes, but is not limited to, stereotyping, negative comments or jokes, explicit threats, segregation, […]

Hey, Derek Zoolander: Stay away from Flagstaff!

November 16, 2005

Remember Derek Zoolander? Many college students do. He is Ben Stiller’s character in the 2001 comedy “Zoolander.” And it’s a good thing he didn’t attend Northern Arizona University. At one point in the movie, Derek says, “Rufus, Brint, and Meekus were like brothers to me. And when I say brother, I don’t mean, like, an actual brother, but I mean it like the way black people use it. Which is more meaningful, I think.” To most people, that’s funny. To NAU, that would be harassment. Let me explain. NAU’s “Safe Working and Learning Policy”  recently earned the dubious distinction of […]

Editorial Board Denounces ‘Speech Code of the Month’ School

November 1, 2005

Troy University isn’t the only place where ghoulish speech codes are under assault from the forces of light and truth this Halloween. FIRE is happy to report that last Sunday, the East Valley Tribune editorialized against Northern Arizona University’s speech code, which was FIRE’s “Speech Code of the Month” in October. The whole editorial, appropriately titled “NAU’s restrictive speech code is an unconstitutional disgrace,” is worth reading: Northern Arizona University has received some dubious recognition for its clumsy efforts to stamp out incivility and bias among students with a speech code that clearly violates the First Amendment. The Foundation for […]

Speech Code of the Month: Northern Arizona University

September 30, 2005

FIRE announces the Speech Code of the Month for October 2005: Northern Arizona University. \Northern Arizona University, a public institution, maintains a Safe Working and Learning Environment Policy providing that “[p]rohibited harassment includes, but is not limited to, stereotyping, negative comments or jokes, explicit threats, segregation, and verbal or physical assault when any of these are based upon a person’s race, sex, color, national origin, religion, age, disability, veteran status, or sexual orientation. When these harassing behaviors become severe, pervasive or persistent, they may also violate Federal and State law” (emphasis added). Not only does this policy explicitly prohibit constitutionally […]