Wichita State University: Student Government Denies Recognition to Libertarian Group Because It Defends Free Speech

April 7, 2017

In April 2017, the Wichita State University Student Government Association denied recognition to a prospective chapter of Young Americans for Liberty because of the organization’s defense of free speech, and the expression of other YAL chapters.

Wichita State University: Students Required to Register Events with Campus Police, Who Examined Materials for “Hate Speech”

November 16, 2016

Wichita State University requires students who are not part of a registered student organization to notify campus police of their intent to engage in expressive activities 72 hours in advance.

Housing and Residence Life Handbook: Common Areas

Speech Code Category: Policies on Tolerance, Respect, and Civility
Last updated: July 21, 2016

Residents using public areas should be dressed appropriately, refrain from any behavior which might prove offensive to others, conduct themselves in an orderly manner, and respect the rights of others.

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Housing and Residence Life Handbook: Personalizing Your Room

Speech Code Category: Posting and Distribution Policies
Last updated: July 21, 2016

Pictures and other materials that may be considered objectionable are not to be displayed in areas that may be visible outside a residence hall room/suite/apartment (including viewed from outside of room through window or door). Incidents will be dealt with on a case-by-case basis.

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Policies and Procedures: 8.05 / Student Code of Conduct

Speech Code Category: Harassment Policies
Last updated: July 21, 2016

Physical abuse, verbal abuse, threats, intimidation, coercion, bullying, stalking, domestic violence, retaliation, discrimination and/or other conduct which threatens or endangers the health or safety of another person is prohibited.

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Policies and Procedures: 8.05 / Student Code of Conduct

Speech Code Category: Internet Usage Policies
Last updated: July 21, 2016

Violations of these ethical standards and unauthorized or inappropriate use of computers is prohibited. Such use includes but is not limited to: … Use of computing facilities to send obscene or abusive messages.

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Policies and Procedures: 8.16 / Sexual Misconduct, Relationship Violence and Stalking Policy for Students

Speech Code Category: Harassment Policies
Last updated: July 21, 2016

Sexual Misconduct – unwelcome conduct of a sexual nature that is committed without consent between people regardless of sex or gender. Sexual misconduct can include both intentional conduct and conduct that results in negative effects, even if those negative effects were unintended.

i. Sexual Harassment – unwelcome conduct of a sexual nature. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and/or other verbal or physical conduct of a sexual nature. Sexual harassment can take two forms: quid pro quo and hostile environment.

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Hostile Environment Sexual Harassment occurs when unwelcome conduct of a sexual nature has the purpose or effect of unreasonably interfering with a person’s work or academic performance or creates an intimidating, hostile, or offensive environment for working, learning, or living on campus, or in connection to an institutional program. The determination for whether an environment is “hostile” is often contextual and must be based on the circumstances.

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Policies and Procedures: 8.05 / Student Code of Conduct

Speech Code Category: Harassment Policies
Last updated: July 21, 2016

Harassment, an intentional act, or series of acts, which is extreme or outrageous, or calculated to cause severe embarrassment, humiliation, shame or fright, or which is intended to intimidate or ridicule is prohibited. To constitute harassment, the conduct must be of such a nature that a reasonable person would not tolerate it.

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Policies and Procedures: 11.13 / Use of University Campus by University Groups for First Amendment Activities

Speech Code Category: Protest and Demonstration Policies
Last updated: July 21, 2016

Notification of intent to be on campus to engage in first amendment activities (hereinafter “the Event”) shall be provided to the University Police Department no later than seventy-two (72) hours prior to the Event … If more than forty (40) people are expected to participate in the Event, the Event must be held in one or more of the areas shown on the attached map (hereinafter “the Limited Public Forum”). (Note to readers of this policy on the World Wide Web: Copies of the map of “Limited Public Forums” can be picked up at University Police headquarters.)

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Policies and Procedures: 19.01 / Acceptable Use

Speech Code Category: Internet Usage Policies
Last updated: July 21, 2016

The use of the University’s computing and information technology resources to send, upload, download, post, transmit or store … profane, libelous, threatening, intimidating or other unlawful messages is specifically prohibited.

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Policies and Procedures: 11.10 / Poster/Flyer Policy for University Grounds and Facilities

Speech Code Category: Posting and Distribution Policies
Last updated: July 21, 2016

Posters/flyers shall … contain appropriate print and content for the University community. … Posters/flyers not posted in accordance with this policy will be removed by University employees.

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Policies and Procedures: 8.05 / Student Code of Conduct

Speech Code Category: Policies on Tolerance, Respect, and Civility
Last updated: July 21, 2016

Examples of disruptive behavior include but are not limited to: … use of obscene or abusive language, loud or unreasonable noise.

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VICTORY: Wichita State student court recognizes libertarian group, reverses student government discrimination

April 14, 2017

WICHITA, Kan., April 14, 2017 — An embattled student group at Wichita State University is finally free to engage in on-campus activism as a registered student organization. On Wednesday, the Supreme Court of the Wichita State University Student Government overturned the Student Government Association’s unconstitutional decision to deny recognition to Young Americans for Liberty, a libertarian student group, because of the group’s belief in First Amendment principles. The unanimous decision by the SGA’s judicial branch came less than a week after the Foundation for Individual Rights in Education wrote to Wichita State President John Bardo to demand that he immediately reverse […]

Wichita State student government refuses to recognize libertarian student group because of First Amendment advocacy

April 7, 2017

Student senators quizzed student group leader about her group’s stance on “free speech zones,” “hate speech,” and “safe spaces” Student senator: “We’ve seen very dangerous statements being said in the name of free speech” The U.S. Supreme Court has held that viewpoint-based discrimination against a student group is unconstitutional WICHITA, Kan., April 7, 2017 — The law is clear: Colleges and universities cannot discriminate against student groups because of their viewpoints. However, that is exactly what the Wichita State University Student Government Association did when it refused to recognize Young Americans for Liberty, a prospective libertarian student group, because of […]

Wichita State Drops Viewpoint Discrimination in Student Fee Funding

March 6, 2012

There’s some good news out of Wichita State University (WSU), which recently had decided to enact a rule that prohibited any “non-scholarly religious” student group from receiving student fee funding. The good news is that WSU has now un-enacted that rule. The reasoning usually offered for this type of rule is that it is intended to prevent religious groups from using student fee money to advocate for their religion on campus, or to engage in worship or other activities to which others might object. But when these rules are confined to only religious student groups (as opposed to groups engaged […]