University of Michigan – Dearborn
Location: Dearborn, Michigan
Website: http://www.umdearborn.edu
Type: Public
Federal Circuit: 6th Circuit
Speech Code Rating
University of Michigan – Dearborn 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
Standard Practice Guide Policies: Sexual Harassment
Speech Code Category: Harassment Policies
Last updated: September 5, 2017A claim under this policy may be brought by the University or by a faculty, staff or student member of the University community based on the conduct of any University employee.
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An individual may engage in conduct of a sexual nature that may not be sufficiently severe, persistent or pervasive to constitute sexual harassment as described below, but is nonetheless inappropriate. Such conduct also will not be tolerated by the University, is prohibited by the University and is subject to discipline up to and including termination of employment.
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Some examples of conduct that may constitute sexual harassment include, but are not limited to:
Unwanted sexual statements – sexual or “dirty” jokes, comments on physical attributes, spreading rumors about or rating others as to sexual activity or performance, talking about one’s sexual activity in front of others, and displaying or distributing sexually explicit drawings, pictures and/or written material. Unwanted sexual statements can be made in person, in writing, electronically (email, instant messaging, blogs, web pages, etc.), and otherwise.
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Rights and Obligations of Speakers, Audience Members and Protesters at Public Presentations of the University of Michigan-Dearborn
Speech Code Category: Protest and Demonstration Policies
Last updated: September 5, 2017UM-Dearborn has no obligation to insure audience access to public events, to protect the rights of the speaker and those who wish to hear and communicate with the speaker, and to provide all with personal security.
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The broadcast range of speech and expression will be tolerated in public forums in order to facilitate the discussion and debate of ideas and issues. However, the intentional use of racial, ethnocentric or sexual invectives, epithets, slurs or utterances directly to attach or injure another individual rather than express or discuss an idea of philosophy are beyond the boundaries of protected speech. Additionally, malicious and intentional verbal threats of violence directed towards an individual, physical violence and destruction of property are misconduct and will be subject to discipline.
Student Sexual Misconduct Policy
Speech Code Category: Harassment Policies
Last updated: September 5, 2017Sexual Harassment – unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature if: … such conduct has the purpose or effect of unreasonably interfering with an individual’s educational performance or creating an intimidating, hostile, offensive, or abusive environment for that individual’s education, living environment, employment, or participation in a University-related activity. Sexual harassment may occur via various communication devices, via social media, or via the Internet.
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Examples of sexual harassment include, but are not limited to: unwanted sexual statements; unwanted personal attention (e.g., cyber-stalking); unwanted physical or sexual advances that would constitute sexual assault (as defined in this policy); electronic recording, photographing, or transmitting intimate or sexual utterances, sounds, or images without the knowledge and consent of all parties involved; touching oneself sexually for others to view; and voyeurism (e.g., spying on others who are in intimate or sexual situations).
Student Rights & Code of Conduct
Speech Code Category: Advertised Commitments to Free Expression
Last updated: September 5, 2017Free inquiry and free expression are essential attributes of the University community. As members of the community, students are encouraged to develop the capacity for critical judgment and to engage in a substantial independent search for truth.
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Students at the University have the same rights and protections under the Constitutions of the United States and the State of Michigan as other citizens. These rights include freedom of expression, press, religion, and assembly. Higher education has a long tradition of student activism and values freedom of expression, which includes voicing unpopular views and dissent. As members of our University community, students have the right to express their own views, but must also take responsibility for granting the same right to others.
Dearborn Administrative Guide: 201.89 Sexual Harassment by Faculty & Staff
Speech Code Category: Harassment Policies, Statement
Last updated: September 5, 2017Sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when: … Such conduct has the purpose or effect of unreasonably interfering with an individual’s employment or educational performance or creating an intimidating, hostile, offensive or abusive environment for that individual’s employment, education, living environment, or participation in a University activity.
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Sexually-related conduct forms the basis of a sexual harassment claim if a reasonable person, in view of all the surrounding circumstances, would consider it sufficiently severe or pervasive to interfere unreasonably with academic, other educational or employment performance or participation in a University activity or living environment.
Standard Practice Guide Policies: Freedom of Speech and Artistic Expression
Speech Code Category: Advertised Commitments to Free Expression
Last updated: September 5, 2017Expression of diverse points of view is of the highest importance, not only for those who espouse a cause or position and then defend it, but also for those who hear and pass judgment on that defense. The belief that an opinion is pernicious, false, or in any other way detestable cannot be grounds for its suppression.
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Rude or offensive behavior, though inconsistent with the standards of civility that we hope would prevail on a university campus, sometimes fall within the legitimate exercise of freedom of speech and, when it does, may not be suppressed.
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Because freedom of speech and expression play such a critical role in the functioning of a university, undue interference with the exercise of these freedoms by members of the University community may constitute grounds for resort to law or other formal action.
