Montclair State University
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.
Do you have any information, updates, or changes regarding the policies at this institution? Let us know!
On this page, FIRE has excerpted policies that address speech and expression. You may download the full policy in .pdf form, below.
Restrictions on Expressive Rights
Harassment Policies (Learn More)
Sexual Harassment Complaint Procedures Involving Students 12-13
Hostile Environment Harassment - Unwelcome conduct that would not have occurred but for the student's gender, that is severe or pervasive enough to make a reasonable person of the same sex believe that the conditions of the student's education are altered and the academic environment is hostile or abusive. The complained-of conduct need not be sexual in nature to constitute hostile environment sexual harassment.
View full policy (PDF, 142 KB).
University Code of Conduct: Harassment 12-13
Students are prohibited from engaging in harassment, intimidation and bullying. A student will be found responsible for harassment, intimidation or bullying if he or she engages in conduct ... that is so severe or pervasive and objectively offensive that substantially disrupts or interferes with the orderly operation of the University or the rights of any student or other member of the University community; and that: a) involves intimidation or threats to another person's safety, rights of personal privacy and property, academic pursuits, University employment, or participation in activities sponsored by the University or organizations or groups related to the University, or
b) creates an intimidating or hostile environment by substantially interfering with a student's education, or by materially impairing the academic pursuits, employment or participation of any person or group in the University community, or by severely or pervasively causing physical or emotional harm to the student or other member of the University community; or
c) a reasonable person should know, under the circumstances, will have the effect of physically or emotionally harming a student or other person or damaging the property or placing him/her in reasonable fear of physical or emotional harm to his/her person, or to any member of that person's family or household, or of damage to his/her property; or
d) a reasonable person should know, under the circumstances, will have the effect of insulting or demeaning any student or group of students.
View full policy (PDF, 1660 KB).
Policies on Tolerance, Respect, and Civility (Learn More)
University Code of Conduct: Disruptive Conduct 12-13
Disruptive conduct includes, but is not limited to: ... threatening or obscene language or behavior in public places.
View full policy (PDF, 1660 KB).
Free Speech Zones
Student Handbook: Student Rights and Responsibilities- Demonstration Regulation 12-13
The University recognizes there may be occasions that do not permit the submission of an application 48 hours in advance of a demonstration or assembly. Such spontaneous demonstrations or assemblies in response to emergent situations where advance planning is not possible are permitted, but they are limited in location to: a) the plaza in front of the Student Center or b) the Amphitheater. Any individual, group or organization calling for or organizing such a demonstration or assembly must report that information immediately to the Office of the Dean of Students, and comply with the time, place and manner provisions set forth above in this policy.
Any individual, group or organization that wishes to demonstrate or assemble on the University’s campus shall, at least 48 hours in advance of the planned demonstration or assembly, obtain from, and file with, the Office of the Dean of Students a "Request for Demonstration, Assembly, Presentation or Forum," which sets forth a) the identity of the individual, group or organization making the request b) the date(s) and time(s) of the event; c) the desired location for the event; d) the planned objective of the event; e) the materials that will be used to conduct the event, including information concerning any music or sound amplification; f) for groups or organizations, the number of people expected to participate in the event; and g) the estimated number of people the event organizers expect to attract to the event. ... Demonstrations and assemblies are permitted outside of University buildings in public places that are paved and used as sidewalks, outdoor seating areas, internal roadways that are not used for general vehicular traffic, and other similar outdoor areas designated for a pedestrian or seated use.
View full policy (PDF, 680 KB).
Posting Policies
University Code of Conduct: Residence Hall Regulations- Postings/Signs 12-13
Signs, which promote the consumption of alcohol, the use of controlled dangerous substances, or anything, viewed as obscene and inappropriate behavior may not be displayed in any public area (e.g., windows, students room windows, doors, common areas, etc.).
View full policy (PDF, 1660 KB).
Policies on Bias and Hate Speech
Bias Response Taskforce: Bias and Free Speech 12-13
A hate preacher comes to campus with sexist and homophobic signs and pamphlets and is preaching in the quad. He is extremely offensive, and people are becoming enraged. His words are about to incite violence. Do you intercede?
A bias incident is conduct, speech, or expression that is motivated by bias or prejudice but doesn't involve a criminal act. Bias incidents may, however, violate campus codes or policies.
View full policy (PDF, 185 KB).
Advertised Commitments to Free Expression
Student Handbook: Student Rights and Responsibilities- Preamble 12-13
Academic institutions exist for the transmission of knowledge, the pursuit of truth, the development of students, and the promotion of the general well being of society. Free inquiry and free expression are indispensable to the attainment of these goals. As members of this academic community, students are encouraged to develop the capacity for critical judgment and to engage in a sustained and independent search for truth.
View full policy (PDF, 680 KB).
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The speech codes and policies above were last fully checked via internet and other research means by FIRE in September 2012. According to FIRE’s research the substantive policies are current at least until this date. Directory information, including the name of the president of the college or university, may have been updated more recently. If any policy has been revised, or if you believe that we are in error, please contact us.
