Yellow Light School

Western Carolina 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 David O Belcher
Western Carolina University
Office of the Chancellor
501 HFR Administration Building
Cullowhee, NC 28723
828-227-7211
Website: http://www.wcu.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: Code of Student Conduct: Definitions 12-13

"Sexual Harassment" is defined as unwelcome conduct of a sexual nature that is so
severe, persistent, or pervasive that it negatively affects the victim's activities or creates
an intimidating, threatening or abusive educational or employment
environment.
View full policy (PDF, 1737 KB).

Green light: Code of Student Conduct: Definitions 12-13

The term "unlawful harassment" means unwelcome or unsolicited speech or conduct
based upon race, color, creed, religion, gender, age, national origin, disability, military
veteran status, political affiliation or sexual orientation that creates a hostile environment
for students, or denies or limits a student's ability to participate in or to receive benefits,
services, or opportunities in the University's programs, or interferes with an employee's
work performance. ...
UNC Board of Governors Policy Manual 700.4.2 states and requires:
No student shall threaten, coerce, harass or intimidate another person or identifiable
group of persons, in a manner that is unlawful or in violation of a constitutionally valid
University policy, while on University premises or at University-sponsored activities based
upon the person’s race, color, religion, national origin, gender, sexual orientation, gender identity, creed, disability, or veteran status. No student shall engage in unlawful
harassment leading to a hostile environment. Unlawful harassment includes conduct that
creates a hostile environment by meeting the following criteria: It is:
a. Directed toward a particular person or persons;
b. Based upon the person’s race, color, religion, national origin, gender, sexual
orientation, gender-identify, creed, disability, or veteran status;
c. Unwelcome;
d. Severe or pervasive;
e. Objectively offensive; and
f. So unreasonably interferes with the target person’s employment, academic
pursuits, or participation in University-sponsored activities as to effectively deny
equal access to the University’s resources and opportunities.
View full policy (PDF, 1737 KB).

Yellow light: Sexual Harassment and Other Unlawful Harassment 12-13

Actions deemed to violate this Policy include, without limitation, the following examples: ... To continue verbal or physical conduct of a sexual nature when an employee or student has indicated, by word or action, that such conduct is unwanted.
With regard to students, sexual harassment is defined by the Office of Civil Rights (OCR) as unwelcome sexually harassing conduct that is so severe, persistent, or pervasive that it affects a student's ability to participate in or benefit from an education program or activity, or creates an intimidating, threatening or abusive educational environment (Hostile Environment).
"Hostile environment" is one that a reasonable person (objective standard) would find hostile or abusive and one that a complainant under this Policy perceives to be hostile or abusive (subjective standard). 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, the extent to which the conduct was intended to harm, harass or exploit the complainant, and whether the conduct actually and substantially interferes with an employee’s work performance or a student’s ability to participate in or to receive benefits, services, or opportunities in the University’s education programs and activities.
View full policy (PDF, 379 KB).

Free Speech Zones

Yellow light: University Policies: University Facilities Use Policy 12-13

No outdoor assembly may be conducted within 200 feet of a childcare playground or facility during operating hours, within 50 feet of any building, or within 50 feet of any other individual’s or group’s outdoor assembly. The University may place barriers or other boundary indicators that must be respected during an outdoor assembly.
View full policy (PDF, 493 KB).

Yellow light: University Policies: Solicitation, Assemblies, and Public Addresses 12-13

Subject to Additional Guidelines described below, Recognized Student Groups and University Groups may conduct Assemblies or Public Addresses without prior approval at any exterior campus location. The use of the Picnic Grounds, however, requires the submission of a reservation form to the Director of the University Center at least forty-eight (48) hours in advance of the Assembly. Groups comprised of eight (8) or more persons should notify the Director of University Police and Parking Services and the Associate Vice Chancellor for Facilities at least forty-eight (48) hours in advance of the Assembly/Public Address so that safety measures may be provided if necessary.
View full policy (PDF, 994 KB).

Internet Usage Policies

Yellow light: University Policies: 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, to include sending of chain mail or other non-university related messages;
* 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, 263 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.