Texas State University – San Marcos

Location: San Marcos, Texas
Website: http://www.txstate.edu
Type: Public
Federal Circuit: 5th Circuit

Speech Code Rating

Texas State University – San Marcos has been given the speech code rating Yellow. Yellow light colleges and universities are those institutions with at least one ambiguous policy that too easily encourages administrative abuse and arbitrary application. Read more here.

This school does not have any cases at this time.
Yellow Light Policies
  • Prohibition of Sexual Harassment 13-14

    Speech Code Category: Harassment Policies
    Last updated: August 15, 2014

    Sexual Harassment: The Equal Employment Opportunity Commission’s amended “Guidelines on Discrimination Because of Sex” (29 C.F.R. 1604.11[a]) and the Rules and Regulations of the Board of Regents of The Texas State University System, Chapter VII, Section 4.4.1, define sexual harassment as: unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

    a.   submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic career;

    b.   submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting the individual; or

    c.   such conduct has the purpose or effect of unreasonably interfering with an individual’s performance or creating an intimidating, hostile or offensive employment or academic environment.

    Behaviors, if sufficiently offensive, severe, or pervasive, that may constitute sexual harassment include:

    a. intentional and unwelcome touching of a sexual nature;

    b. explicit or implicit propositions to engage in sexual activity;

    c. gratuitous comments of a sexual nature such as explicit statements, questions, jokes, anecdotes or remarks of a sexual nature about a person’s clothing or body;

    d. remarks about sexual activities or speculation about sexual experiences;

    e. exposure to gratuitous sexually suggestive visual displays such as photographs, graffiti, posters, calendars, or other materials;

    f. deliberate physical interference with or restriction of an individual’s movements;

    g. persistent, unwanted sexual or romantic attention;

    h. subtle or overt pressure for sexual favors; or

    i. deliberate, repeated humiliation or intimidation that is sexual in nature.

    Inappropriate Conduct: In addition to prohibiting sexual harassment as defined by law, the university strongly advises against any unprofessional or inappropriate conduct of a sexual nature in workplace and teaching locations, even that which is not so serious or pervasive that it rises to the level of sexual harassment. Even if conduct does not violate policy, investigation of these complaints may find the conduct inappropriate, resulting in remedial action.

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  • Appropriate Use of Information Resources 13-14

    Speech Code Category: Internet Usage Policies
    Last updated: August 15, 2014

    The following activities exemplify inappropriate use of the university’s information resources. These and similar activities are strictly prohibited for all users. 

    k.   Using university information resources in a manner that violates other university policies, such as racial, ethnic, religious, sexual or other forms of harassment. See also UPPS No. 04.04.46, Prohibition of Discrimination or Harassment.

    l.    Using university information resources for the transmission of spam mail, chain letters, malicious software (e.g., viruses, worms, or spyware), or personal advertisements, solicitations or promotions.

    n.   Using Texas State’s information resources to affect the result of a local, state, or national election or to achieve any other political purpose (consistent with Texas Government Code § 556.004).

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  • Expressive Activities on Campus Grounds 13-14

    Speech Code Category: Protest and Demonstration Policies
    Last updated: August 15, 2014

    “Campus expression areas” include:

    a.   The Quad, being the area from the first row of sidewalk steps east of LBJ Drive to the Fighting Stallions statue in front of Leland Derrick Hall, bounded on the north by the Psychology Building and the Taylor-Murphy History Building, and on the south by Flowers Hall and Evans Liberal Arts Building;

    b.   The grassy mall in front of the J.C. Kellam Administration Building bounded on the west by the front steps to the building and on the east by the fish ponds; and

    c.   The paved mall area between Alkek Library and the LBJ Student Center. This does not include the Alkek Library breezeway.

    The campus expression areas are designated public forums where any group or person, whether or not a student or employee, and whether or not invited by a registered student, faculty, or staff organization, may assemble and engage in free speech activities, as provided in the Rules and Regulations of the Board of Regents, Texas State University System.

    A student, faculty member, or staff employee authorized to use an area other than a campus expression area must submit a reservation request to the Dean at least two (2) business days before the scheduled activity.  The Dean will not deny a request unless the proposed use conflicts with another scheduled activity or unless the request would infringe upon a significant university interest.  If the Dean denies a request, he or she will provide a written explanation for the denial.

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  • Code of Student Conduct 13-14

    Speech Code Category: Harassment Policies
    Last updated: August 15, 2014

    Specific examples of conduct which are violations of this Code of Student Conduct include, but are not limited to, committing or attempting to commit the following: … endangering the physical or mental health or safety of any person or intentionally or recklessly causing injury to any person; … harassing or threatening (by any means) to take unlawful action against any person, causing or intending to cause annoyance or alarm ….

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Green Light Policies
This school does not have any media coverage at this time.
  • Texas Students, FIRE’s Joe Cohn is Coming to a Campus Near You

    October 6, 2014

    Yeehaw! Joe Cohn, FIRE’s Legislative and Policy Director, will be traveling across the Lone Star State for a rootin’ tootin’ Texan campus tour. Students and faculty at or near the University of Houston, University of Texas at San Antonio, University of Texas at Austin, Texas State University at San Marcos, and Texas A&M are invited to attend Joe’s presentation and learn about their rights to freedom of speech and due process on campus. University of Houston When: Monday, October 6, 6:30 p.m. Where: Moody Towers Lobby   University of Texas at San Antonio When: Tuesday, October 7,  6:00 p.m. Where: […]

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  • Texas State’s ‘Common Experience’ on First Amendment Should Begin With Revision of Speech Codes

    September 22, 2011

    We recently took note of an interview featuring Texas State University-San Marcos (TSU) President Denise Trauth in TSU’s The University Star, in which President Trauth spoke at length about her experiences as an undergraduate reporter at her college’s campus newspaper, as a high school journalism teacher, and as features editor for The Daily Iowan at the University of Iowa. But what really caught our attention was her answer to the question, “Does the Common Experience theme this year, the First Amendment, have a special significance to you?” Trauth responded: Absolutely. I did years and years doing research in this very […]

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