Yellow Light School

California State University - East Bay

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: Ninth Circuit
Head of Institution: President Leroy M Morishita
California State University - East Bay
Office of the President
WA 912D
25800 Carlos Bee Boulevard, Hayward, CA
Hayward, CA 94542
510-885-3808
leroy.morishita@csueastbay.edu
Website: http://www20.csueastbay.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: Executive Order 1072: Implementation of Title IX of the Education Amendments of 1972 and Related Sexual Harassment/Violence Legislation for CSU Students 12-13

Each CSU campus is required to post a Title IX notice of nondiscrimination on the basis
of sex prominently on its website and in electronic and printed publications of general
distribution. Campuses must also post the notice in a prominent location on campus,
such as in the main administration building or other locations where other notices
regarding campus rules, regulations, procedures and standards of conduct are posted.
The notice should make clear what kind of conduct constitutes sexual discrimination,
including sexual harassment and violence, and that such conduct is prohibited sex
discrimination. ..."Sexual Harassment" is unwelcome conduct of a sexual nature that includes, but
is not limited to: sexual violence; sexual advances; requests for sexual favors;
indecent exposure; and other verbal, nonverbal or physical unwelcome conduct of
a sexual nature, where such conduct is sufficiently severe, persistent or pervasive
that its effect, whether or not intended, could be considered by a reasonable
person in the shoes of the individual, and is in fact considered by the individual,
as limiting the individual’s ability to participate in or benefit from the services,
activities or opportunities offered by the university. Sexual harassment also
includes gender-based harassment, which may include acts of verbal, non-verbal
or physical aggression, intimidation or hostility based on sex or sex-stereotyping,
even if those acts do not involve conduct of a sexual nature.
View full policy (PDF, 256 KB).

Green light: Executive Order 1074: Systemwide Policy Prohibiting Discrimination, Harassment and Retaliation Against Students 12-13

Sexual Harassment, as defined in California Education Code 212.5, consists of
both non-sexual conduct based on sex or sex-stereotyping and conduct that is
sexual in nature, and includes unwelcome sexual advances, requests for sexual
favors, and other verbal, visual, or physical conduct of a sexual nature where: ... The conduct is sufficiently severe, persistent or pervasive that its effect,
whether or not intended, could be considered by a reasonable person in the
shoes of the Student, and is in fact considered by the Student, as limiting the
Student’s ability to participate in or benefit from the services, activities or
opportunities offered by the University.
Harassment means unwelcome conduct engaged in because of a Protected Status that
is sufficiently severe, persistent or pervasive that its effect, whether or not intended,
could be considered by a reasonable person in the shoes of the Student, and is in fact
considered by the Student, as limiting the Student’s ability to participate in or benefit
from the services, activities or opportunities offered by the University.
View full policy (PDF, 482 KB).

Policies on Tolerance, Respect, and Civility (Learn More)

Yellow light: Standards for Student Conduct 12-13

Students are expected to be good citizens and to engage in responsible behaviors that reflect well upon their university, to be civil to one another and to others in the campus community, and contribute positively to student and university life.
View full policy (PDF, 127 KB).

Yellow light: Student Rights and Responsibilities 12-13

Rights and Responsibilities: ... Freedom from discrimination or harassment on the basis of individual attributes, including but not limited to race, color, gender, age, income, disability, political views, national origin, religion or sexual orientation.
The ideal of the university as a marketplace of ideas must not interfere with the equally important ideal of a university where all people are respected.
Student Publications: Responsibilities ... Avoidance of libel, obscenity, undocumented allegations, attacks on personal integrity, and techniques of harassment and innuendo.
View full policy (PDF, 172 KB).

Posting Policies

Yellow light: Posting Policy 12-13

Signs not meeting the educational goals and mission of the University, containing false, misleading or fraudulent information or discriminating or offensive language are strictly prohibited.
View full policy (PDF, 100 KB).

Internet Usage Policies

Yellow light: Standards for Student Conduct 12-13

Use of computing facilities and resources to send obscene or intimidating and abusive messages.
View full policy (PDF, 127 KB).

Advertised Commitments to Free Expression

Green light policy: Policy on Time, Place, and Manner of Free Expression 12-13

Freedom of expression is an individual right, and therefore is not restricted to
place. While freedom of expression is encouraged everywhere on campus, the
Agora Stage area is the most common place where individuals and groups
assemble to exercise the right of free expression unless the space has already been
scheduled in advance.
Individuals may, however, without prior scheduling, distribute non-commercial
written and printed materials in any outdoor area of the University (excepting
roadways) or in any University building.
Freedom of expression is a cornerstone of a democratic society and is essential to
the educational process. Universities have a special obligation not only to tolerate
but also to encourage and support the free expression of ideas, values and
opinions, even where they may be unpopular or controversial. California State
University, East Bay (herein after the University) accepts and embraces this
obligation, recognizing that such expression may take a variety of forms, such as
speeches, signs, written materials, public assemblies, parades, demonstrations and
artistic representation.
View full policy (PDF, 666 KB).

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The speech codes and policies above were last fully checked via internet and other research means by FIRE in April 2013. 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.