Yellow Light School

Appalachian 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.

Public or Private: Public
Federal Circuit: Fourth Circuit
Head of Institution: Chancellor Kenneth E Peacock
Appalachian State University
ASU Box 32002
Boone, NC 28608
828-262-2000
peacockke@appstate.edu
Website: http://www.appstate.edu

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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)

Yellow light: Office of Equity, Diversity and Compliance: Types of Harassment- Hostile Environment 12-13

Hostile work or learning environment harassment is a situation in which the employer, a supervisor, a co-worker, or a student does or says things that unreasonably interfere with an individual's work or educational experience or create an intimidating, hostile or offensive environment because of that individual’s race, color, sex, gender identity and expression, religion, creed, national origin, age, sexual orientation, political affiliation, veteran status or disability.
Different types of behaviors – verbal, non-verbal, gestures and physical contact – can create a hostile environment. Some behaviors that might constitute a hostile working, learning and/or living environment are:
* showing demeaning photos, calendars, cartoons, or graphic content in a non-artistic work area where it is reasonably expected that co-workers could view them
* persistently telling offensive stories or jokes that stereotype members on the basis of a protected category ....
View full policy (PDF, 75 KB).

Green light: Student Code of Conduct: Conduct Prohibited by the University- Harassment 11-12

No student shall engage in harassment leading to a hostile environment. A hostile educational environment is one that both a reasonable person would find hostile or abusive and one that the particular person who is the object of the harassment perceives to be hostile or abusive. Hostile environment is determined by looking at all of the circumstances, including frequency of the allegedly harassing conduct, its severity, whether it is physically threatening or humiliating, and whether the conduct unreasonably interferes with an individual’s work performance, academic advancement, participation in extracurricular activities or access to University services.
View full policy (PDF, 289 KB).

Yellow light: Policy Manual: Harassment and Discrimination 12-13

Impermissible Discrimination
is defined as adverse treatment of a person based upon race, color, religion, creed, sex, national origin, age, political affiliation, veteran status, disability, sexual orientation, or gender identity and expression.
Hostile Environment
is one that both a reasonable person would find hostile or abusive and one that the particular person who is the object of the harassment perceives to be hostile or abusive. Hostile environment is determined by looking at all of the circumstances, including the frequency of the allegedly harassing conduct, its severity, whether it is physically threatening or humiliating, and whether the conduct unreasonably interferes with an individual’s work performance, academic advancement, participation in extracurricular activities or access to University services. In some cases, a single incident may constitute harassment.
Examples of conduct that could create or contribute to hostile environment harassment may include:
Unwelcome jokes about disability, race, sex, sexual orientation, etc.
Offensive or degrading physical contact or coercive behavior, including stroking, patting or similar physical contact.
Pictures, posters, graffiti or written materials displayed in a workplace or classroom which are offensive or obscene.
Exclusion of individuals from meetings or University activities due to their religious beliefs or other protected class status.
View full policy (PDF, 166 KB).

Free Speech Zones

Yellow light: Policy Manual: Facility Use- Unscheduled Public Speaking Areas and Public Assembly 12-13

The following areas are designated as Unscheduled Public Speaking areas: (a) Sanford Mall; (b) Durham Park; (c) the Duck Pond Field behind Trivette Hall; and (d) the open-air amphitheater adjacent to Plemmons Student Union are designated as the Unscheduled Public Speaking Areas on the University campus. These areas are available on a first-come first-served basis for noncommercial speech or assembly unless otherwise scheduled.
View full policy (PDF, 698 KB).

Internet Usage Policies

Yellow light: Appalachian State University Policy on the Use of Computers and Data Communications 12-13

Harassment of other users may be the sending of unwanted messages or files. Violations include, but are not limited to:

* interfering with the legitimate work of another user;
* the sending of abusive or obscene messages via computers;
* the use of computer resources to engage in abuse of computer personnel or other users.
View full policy (PDF, 238 KB).

Yellow light: Student Code of Conduct: Conduct Prohibited by the University- Misuse or Abuse of Computers 11-12

Use of computing facilities to send obscene or abusive messages.
View full policy (PDF, 289 KB).

NOTE: You must have Adobe Acrobat installed to view policies in PDF format.

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.