University of Toledo: Police Enforce Unwritten Policy to Censor Political Protesters

August 20, 2015

On September 15, 2014, former presidential advisor Karl Rove spoke at UT as part of a university-sponsored lecture series, which was free and open to the public. A group of students and community members aimed to peacefully protest Rove’s appearance and prior involvement in President George W. Bush’s foreign policy by distributing literature outside the lecture venue and carrying signs of protest. Campus police, however, prevented from entering the event with their signs despite the students’ assurances that they would not be disruptive to other attendees and repeatedly failed to cite any UT policy justifying their censorship of the students’ protest. FIRE wrote to UT regarding its unconstitutional censorship of the protesters’ activity on October 10, 2014, having been alerted to the incident by the American-Arab Anti-Discrimination Committee (ADC). In response, UT worked with the organizations to craft a new “Expression on Campus” policy, which took effect June 1, 2015, and includes protections for students’ right to peaceful protest and demonstration.

Student Organization Handbook: Advertising

Speech Code Category: Posting and Distribution Policies
Last updated: March 16, 2016

All postings (flyers, posters, handbills, and/or banners) posted or distributed on University property must be pre-approved. If approved, a copy of the posting will be stamped. After being stamped, copies may be made and distributed for display on campus.

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Student Handbook: Nondiscrimination Policy

Speech Code Category: Harassment Policies
Last updated: March 16, 2016

Harassment: Physical, verbal, or non-verbal conduct of an offensive, intimidating or threatening nature based on an individual’s race, color, religion, sex, age, national origin, ancestry, sexual orientation, gender identity and expression, military or veteran status, genetic information, familial status, or political affiliation that is sufficiently serious to deny or limit the individual’s ability to participate in the University’s educational program or working environment. Harassment is a form of discrimination.

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Residential Living Guide: Residents’ Rights and Responsibilities

Speech Code Category: Policies on Tolerance, Respect, and Civility
Last updated: March 16, 2016

All residential communities at The University of Toledo are based on the understanding that every student has both rights and responsibilities. It is the student’s responsibility to respect the rights of all community members regardless of backgrounds, beliefs, values, or attitudes. The University of Toledo expects all students living in or visiting University housing to follow all policies and procedures.

RIGHTS … To be free from fear or intimidation and physical and/or emotional harm.

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Policy 3364-30-04: Student Code of Conduct

Speech Code Category: Harassment Policies
Last updated: March 17, 2016

Physical abuse, verbal abuse, threats, intimidation, harassment, coercion, retaliation, bullying, or other conduct which threatens or endangers the health or safety of any person.

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Discriminatory harassment or retaliation, verbal, physical or otherwise, based on sex, race, color, ancestry, national origin, religion, disability or handicap, age, military or veteran status, gender identity or expression, or sexual orientation, towards another person that has the purpose or effect of creating an offensive or intimidating living and learning environment, or interferes with the individual’s education or work environment or participation in or benefit from a University class, program, event or activity, or will cause physical or mental injury or any violation of University’s discrimination, harassment or retaliation policies 3364-50-01 or -02, as such may be amended from time to time.

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Unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature that expressly or implicitly imposes conditions upon, threatens, interferes with or creates an intimidating, hostile, or demeaning environment for an individual’s academic pursuits, University employment, participation in activities sponsored by the University or organizations or groups related to the University, or opportunities to benefit from other aspects of University life.

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Residential Living Guide: Advertising and Solicitation

Speech Code Category: Posting and Distribution Policies
Last updated: March 16, 2016

The distribution of flyers by recognized student organizations on campus must be approved by the Office of Student Involvement.

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Obscene, racist and/or offensive materials directed toward an individual or group of individuals is not permitted for public display in the residence halls, including the outside of resident’s room/suite doors.

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Student Handbook: Title IX

Speech Code Category: Harassment Policies
Last updated: March 16, 2016

Sexual harassment: Sexual harassment is unwelcome conduct of a sexual nature. It includes unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. A single instance of rape is sufficiently severe to create a hostile environment.

Sexual harassment can occur in one of two forms:

Hostile environment: This exists if the conduct is sufficiently serious that it interferes with or limits a student’s ability to participate in or benefit from the University’s program or an employee’s ability to perform his or her job. The more severe the conduct, the less need there is to show a repetitive series of incidents to prove a hostile environment, particularly if the harassment is physical.

Quid pro quo: This occurs when participation in or receipt of a benefit of the University’s program is made contingent on the provision of sexual favors for or by a person who has the authority to make decisions about participation or receipt of benefits or when the rejection of a sexual advance or request for sexual favors results in the denial of participation in or receipt of a benefit of the University’s program.

Examples of sexual harassment: 1) A student is sexually assaulted by another student; 2) A professor repeatedly asks a student to have sex with in order to get a better grade; 3) Students in a residence hall target another student by writing unwelcome sexbased comments on the student’s door; making negative, sex-based comments to the student in class, and threatening physical harm to the student.

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Student Organization Handbook: Political Activity

Speech Code Category: Other Speech Codes
Last updated: March 16, 2016

Student general fee dollars may not be used to support any political candidate or political cause whether federal, state, local or University level.

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Policy 3364-5-14: Expression on Campus

Speech Code Category: Protest and Demonstration Policies
Last updated: March 17, 2016

Any person or group may use, without prior notification, any publicly accessible outdoor area of any university campus except parking lots, garages and driveways. Federal, state and local laws will be enforced as applicable. The use of walkways or other common areas may not block the free passage of others nor impede the regular operation of the university.

Use of the general access areas may include speaking, non-verbal expression, distributing literature, displaying signage and circulating petitions. There is no limit to the number of times a month a person or group may access these areas.

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UT Must do More to Protect Free Speech on Campus

October 25, 2015

By Robert L. Shibley at The Blade University of Toledo students returned to campus this fall with their First Amendment rights better protected. After UT police officers prevented students from peacefully protesting a campus appearance by Republican political consultant Karl Rove last year, the university adopted an “expression on campus” policy over the summer that aims to prevent similar problems. But UT still has work to do to eliminate all of its unconstitutional speech policies, and to avoid potential lawsuits. The new policy stems from an incident at Mr. Rove’s UT speech in September, 2014. A group of students and […]

Putting a Chill on Campus Speech

September 22, 2015

By Editorial at The Columbus Dispatch New free-speech rules at one Ohio public university underscore that much work remains to be done to defend the First Amendment on college campuses. The University of Toledo has adopted an “expression on campus” document “to promote the free exchange of ideas and the safe and efficient operation of the university.” The policy was developed following an appearance on campus a year ago by Republican strategist Karl Rove. He attracted sign-carrying protesters who say they were stopped by police from entering the event. The protesters claimed that barring them from the event violated their free-speech […]

After Rove Dustup, UT Issues Free Speech Rules

September 8, 2015

By Vanessa McCray at The Blade A new semester arrived with a fresh policy that addresses University of Toledo students’ free speech rights. An “expression on campus” policy now guides campus protests and assemblies. It codifies UT’s commitment “to promote the free exchange of ideas and the safe and efficient operation of the university,” according to the document, which emphasizes the fostering of free speech and right to assemble but prohibits activities that disrupt teaching, business operations, or providing client services. The policy was approved in June by then-interim UT president Nagi Naganathan after complaints about how university police handled […]

After Blocking Karl Rove Protesters Last Year, University of Toledo Adopts Strong New Free-Expression Policy

August 20, 2015

By College Fix Staff at The College Fix The University of Toledo has adopted a strong new free-expression policy with the help of the Foundation for Individual Rights in Education and American-Arab Anti-Discrimination Committee, FIRE said in a post. Nearly a year ago former George W. Bush political strategist Karl Rove spoke on campus. Protesters – both students and “community members” – tried to distribute literature to the audience and show their posters against Rove for his participation in Bush’s foreign policy, but video captured campus police not letting them come in with their posters. Another video implies that police […]

College Disciplinary Boards Pass Judgment In Secret, Often Impose Questionable Penalties

November 23, 2014

By Colin Binkley/Columbus Dispatch and Sara Gregory/ Student Press Law Center at The Columbus Dispatch The University of Toledo found a student responsible for his role in the stabbing death of his roommate, but he wasn’t expelled from the school or charged criminally. The University of Wisconsin-Oshkosh found a student responsible for sexual assault and gave him a written reprimand, kicked him out of his dorm for a month, and ordered him not to have any minors as guests. After Miami University found a student responsible for assaulting one woman and stealing another woman’s pizza on the southwestern Ohio campus, […]

School’s Response to Rape Shows Need for Higher Authority

September 11, 2014

By Bob Kellogg at OneNewsNow An Ohio student who reported to school officials that she was raped was outraged at the meager punishment meted out to her alleged attacker. A University of Toledo student, who calls herself “Sarah” to hide her real identity, was devastated when school officials imposed upon her alleged attacker a $25 fine and 10 hours of sexual assault education. Robert Shibley of the Foundation for Individual Right in Education says that the school showed itself to be unable to deal adequately with the situation. “Unfortunately, we’ve seen time and time again that schools and colleges are not really qualified […]

U. of Toledo Adopts Freedom of Expression Policy After Censoring Karl Rove Protesters

August 20, 2015

TOLEDO, Ohio, August 20, 2015—Incoming and returning students at the University of Toledo (UT) will be protected by a newly established policy on freedom of expression. The new policy comes almost a year after campus police officers suppressed the peaceful protest activities of students at a lecture by political strategist Karl Rove. Alongside the American-Arab Anti-Discrimination Committee (ADC), the Foundation for Individual Rights in Education (FIRE) has worked with UT officials to craft an affirmative statement upholding students’ First Amendment rights, including the right to peaceful protest and demonstration. “FIRE commends the University of Toledo for taking this important step […]

Students Create Free Speech Walls to Celebrate First Amendment

September 27, 2013

Students at colleges across the country are encouraging their peers to exercise their right to free speech by building “free speech walls” on their campuses—displays where students can write or draw whatever they want.  Free speech walls are a great way for students to share ideas in a public way. For example, student group Dorm Room Diplomacy at Binghamton University in New York set up a wall last week that was filled with everything “from animal drawings to political statements,” according to Pipe Dream, the school’s student newspaper. Pipe Dream reported: Although most of the postings on the wall were […]