State University of New York – New Paltz

Location: New Paltz, New York
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.

This school does not have any cases at this time.

Red Light Policies

  • Human Resources: Non-Discrimination/Anti-Harassment Policies & Procedures 13-14

    Speech Code Category: Harassment Policies

    Isolated 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.

    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.

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Yellow Light Policies
  • Student Events Policies: Security at Your Event 13-14

    Speech Code Category: Other Speech Codes

    The 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 does not come free and the sponsoring student group will be expected to cover these expenses.

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  • Student Events Policies: Posting Policy 13-14

    Speech Code Category: Posting and Distribution Policies

    Must not be obscene, libelous, slanderous, racist, sexist, or otherwise offensive to the diverse campus community.

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  • Student Handbook: Speakers and Topics 13-14

    Speech Code Category: Other Speech Codes

    Where 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.

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  • Student Handbook: Unauthorized Use of Computer Services 13-14

    Speech Code Category: Internet Usage Policies

    No person shall use computers and network services to harass or threaten other computer users, or to publicly display offensive or obscene messages.

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  • Student Handbook: Information Regarding Bias and Hate Crimes Prevention 13-14

    Speech Code Category: Policies on Bias and Hate Speech

    In 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. These activities, referred to as bias incidents and defined by the University as acts of bigotry, harassment, or intimidation directed at a member or group within the New Paltz community based on national origin, ethnicity, race, age, religion, gender, sexual orientation, disability, veteran status, color, creed, or marital status, may be addressed through the State University’s Discrimination Complaint Procedure or the campus conduct code. Bias incidents can be reported to University Police as well as to the Office of Student Affairs and/or Human Resources/Affirmative Action.

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Green Light Policies
  • Student Handbook: Freedom of Speech and Assembly; Picketing and Demonstrations 13-14

    Speech Code Category: Advertised Commitments to Free Expression

    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.

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  • Student Handbook: Harassment 13-14

    Speech Code Category: Harassment Policies

    9.00 Harassment

    .01 No person shall engage in unwelcome conduct directed at an individual based on one or more of that person’s protected characteristics or statuses (age, color, race, disability, marital status, national/ethnic origin, religion, veteran status, sex, political affiliation or family medical or genetic information), which is so severe or pervasive that it interferes with an individual’s employment, academic performance, or participation in the College’s programs or activities and creates a working, learning, program or activity environment that a reasonable person would find intimidating, hostile or offensive.

    .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.

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  • Student Handbook: Sexual Harassment 13-14

    Speech Code Category: Harassment Policies

    According to the Equal Employment Opportunity “Guidelines,” unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: … the conduct has the purpose or effect of unreasonable interfering with an affected person’s work performance, learning environment, or creating an intimidating, hostile, or offensive work environment.

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This school does not have any media coverage at this time.
  • 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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