State University of New York – New Paltz
Location: New Paltz, New York
Website: http://www.newpaltz.edu
Type: Public
Federal Circuit: 2nd Circuit
Speech Code Rating
State University of New York – New Paltz 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.
Red Light Policies
Non Discrimination/Non Harassment Policy Statement and Procedures for Reporting Incidents of Harassment, Discrimination and Sexual Violence
Speech Code Category: Harassment Policies
Last updated: September 18, 2018Isolated instances, e.g., a sexual comment or joke, ordinarily will not constitute sexual harassment unless the circumstances are egregious. Sexual violence is seen as an egregious form of harassment. Such sexual behavior does not constitute harassment if it is welcomed (i.e., voluntary and consensual). It is important to note that conduct in the workplace or educational setting may fall short of the legal standard for sexual harassment or discrimination but may still be addressed, at the discretion of the College, as uncivil, unprofessional and/or inappropriate.
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Sexual Harassment in the Educational Setting is defined as:
Unwelcome conduct of a sexual nature. Sexual harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual harassment of a student denies or limits, on the basis of sex, the student’s ability to participate in or to receive benefits, services, or opportunities in the educational institution’s program.Harassment on the Basis of Protected Characteristic(s) other than Sex/Gender:
Harassment based on race, color, age, religion, or national origin, disability, sexual orientation or other protected characteristics may be oral, written, graphic or physical conduct relating to an individual’s race, color, or national origin (including an individual’s ancestry, country of origin, or country of origin of the student’s parents, family members, or ancestors) or other protected characteristics that is sufficiently severe, pervasive, or persistent so as to interfere with or limit the ability of an individual to participate in or benefit from the educational institution’s programs or activities, or terms, conditions or status of employment.
Student Handbook: Speakers and Topics
Speech Code Category: Other Speech Codes
Last updated: September 18, 2018Where a controversial speaker is likely to engender demonstrations from other student groups, the sponsoring organization must recognize the rights of other groups and consider the impact of inviting each speaker on the orderly and lawful functioning of the College.
Office of Student Activities and Union Services Policy Manual: Event Security
Speech Code Category: Security Fee Policies
Last updated: September 18, 2018The following factors will be used when determining how much security (outside security and/or University Police staffing) will be hired for your event and what security checks/measures will be required for entry into the event: … The various elements/controversial factors to your event. … Please note that security services are charged to the hosting organization.
Office of Student Activities and Union Services Policy Manual: Campus Posting Policy
Speech Code Category: Posting and Distribution Policies
Last updated: September 18, 2018Posting must not be obscene, libelous, slanderous, racist, sexist, or otherwise offensive to the diverse campus community.
Student Handbook: Harassment/Stalking
Speech Code Category: Harassment Policies
Last updated: September 18, 20189.00 Harassment/Stalking
.01 No person shall engage in unwelcome conduct directed at an individual which is so severe or pervasive that it interferes with an individual’s sense of safety or well-being, and may interfere with an individual’s employment, academic performance, or participation in the College’s programs or activities.
.02 No person shall use threats, abuse, epithets and other harassing expressions which are directed at an individual and which can be reasonably anticipated to provoke an immediate violent reaction. …
Student Handbook: Sexual Harassment
Speech Code Category: Harassment Policies
Last updated: September 18, 2018Sexual harassment in the educational setting can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature.
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Sexual Harassment has been defined as unwelcome sexual advances, requests for sexual favors, or verbal or physical conduct of a sexual nature when any of the following occurs: … Such conduct is intended to interfere, or results in interference, with an employee’s work performance or educational performance, or creates an intimidating, hostile, or offensive work or school environment.
Student Handbook: Unauthorized Use of Computer Services
Speech Code Category: Internet Usage Policies
Last updated: September 18, 2018No person shall use computers and network services to harass or threaten other computer users, or to publicly display offensive or obscene messages.
Student Handbook: Information Regarding Bias and Hate Crimes Prevention
Speech Code Category: Policies on Bias and Hate Speech
Last updated: September 18, 2018In addition to preventing and prosecuting hate/bias crimes, State University of New York at New Paltz Police also assist in addressing bias-related activities that do not rise to the level of a crime but may be defined as bigotry, harassment, or intimidation against an individual or group. Actions based on belief or perception regarding race, color, ancestry, gender, gender identity, sexual orientation, religion, religious practice, age, disability, national origin or immigration status, regardless of whether the belief or perception is correct may be addressed through the State University’s NonHarassment/Non Discrimination Policy or the campus conduct code. Bias incidents can be reported to the Office for Compliance and Campus Climate/Affirmative Action and/or to the Office of Student Affairs.
Student Handbook: Disorderly/Disruptive Conduct
Speech Code Category: Policies on Tolerance, Respect, and Civility
Last updated: September 18, 2018No person shall engage in disorderly conduct which interferes with the rights of others, including: criminal mischief (vandalism); recklessly creating a public inconvenience or disturbance by fighting; making unreasonable noise; using abusive or obscene language; disturbing a class, meeting, event, rally or speaker; or acting in a manner that substantially or repeatedly infringes upon or violates the rights of others, including free speech rights (e.g. – sustained or repeated disruptive behavior so a person cannot be heard); obstructing pedestrian or vehicle traffic, or creating a hazardous or physically offensive situation by an act which serves no legitimate purpose.
Student Handbook: Freedom of Speech and Assembly; Picketing and Demonstrations
Speech Code Category: Protest and Demonstration Policies
Last updated: September 18, 2018(a) No student, faculty or other staff member or authorized visitor shall be subject to any limitation or penalty solely for the expression of his views nor for having assembled with others for such purpose. Peaceful picketing and other orderly demonstrations in public areas of grounds and buildings will not be interfered with. Those involved in picketing and demonstrations may not, however, engage in specific conduct in violation of the provisions of the preceding Section.
(b)In order to afford maximum protection to the participants and to the institutional community, each State-operated institution of the State University shall promptly adopt and promulgate, and thereafter continue in effect as revised from time to time, procedures appropriate to such institution for the giving of reasonable advance notice to such institution of any planned assembly, picketing or demonstration upon the grounds of such institution, its proposed locale and intended purpose; provided, however, that the giving of such notice shall not be made a condition precedent to any such assembly, picketing or demonstration and provided, further, that this provision shall not supersede nor preclude the procedures in effect at such institution for obtaining permission to use the facilities thereof.
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Speech Code of the Month: SUNY New Paltz
October 2, 2012
FIRE announces its Speech Code of the Month for October 2012: the State University of New York at New Paltz (SUNY New Paltz). The university’s “Non-Discrimination/Anti-Harassment Policies & Procedures (PDF),” which apply “to all members of the campus community,” prohibit: Distribution, display or discussion of any written or graphic material that ridicules, denigrates, insults, belittles, or shows hostility or aversion toward an individual or group because of protected status. Protected status includes a wide variety of characteristics including sex, sexual orientation, race, religion, and military status. While the university may—indeed must—prohibit actual harassment on the basis of these categories, this […]
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More on SUNY-New Paltz Case Before the Second Circuit
July 8, 2009
Late last month, we reported on Holmes v. Poskanzer, et al., a case before the United States Court of Appeals for the Second Circuit in which two SUNY-New Paltz students argue on appeal that New Paltz administrators should not enjoy qualified immunity against the student-plaintiffs’ claims of due process violations and retaliation for engaging in protected speech. After the conclusion of oral arguments in late June, one of the students—Justin Holmes, who with co-plaintiff Richard Partington III presented the case pro se before the Second Circuit panel—contacted FIRE to clarify the scope of their appeal. In my blog entry, I […]
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SUNY New Paltz Qualified Immunity Case Before Second Circuit Court of Appeals Today
June 26, 2009
This morning in downtown Manhattan, the United States Court of Appeals for the Second Circuit heard oral arguments in the case of Holmes v. Poskanzer, et al., 2008 U.S. Dist. LEXIS 13545 (N.D.N.Y. Feb. 21, 2008). At issue today before the Second Circuit is the question of whether the State University of New York – New Paltz administrators who suspended student plaintiffs Justin Holmes and Richard Partington III should have known that conducting a disciplinary hearing without granting the students’ request for counsel to be present during the proceedings would violate the students’ right to due process under the Fourth and […]
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