Yellow Light School

Dakota 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: Eighth Circuit
Head of Institution: President David Borofsky
Dakota State University
Office of the President
820. N. Washington Ave.
Madison, SD 57042
605-256-5112
david.borofsky@dsu.edu
Website: http://www.dsu.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)

Green light: Student Handbook: Student Conduct Code- Proscribed Conduct 12-13

Discriminatory conduct proscribed under Board Policies 4:6 1:17 and 1:18 includes sexual harassment, racial harassment,
harassment on other grounds identified in Board Policy 1:17, or harassment on any other grounds, directed against
individuals.
a. Harassment may be established by showing
i. Conduct toward another person that has the purpose of creating an intimidating, hostile or demeaning
environment and that interferes with his or her ability to participate in or to realize the intended benefits of an
institutional activity, employment or resource.
ii. Conduct toward another person that has the effect of creating an intimidating, hostile or demeaning environment
and that adversely interferes with his or ability to participate in or to realize the intended benefits of an
institutional activity, employment or resource.
a) Harassment consists, in most cases, of more than casual or isolated incidents.
(1) Consideration should be given to the context, nature, scope, frequency, duration and location of the
incidents, whether they are physically threatening or humiliating as opposed to merely offensive
utterances, as well as to the identity, number and relationships of the persons involved.
b) Harassment shall be found where, in aggregate, the incidents are sufficiently pervasive or persistent or
severe that a reasonable person with the same characteristics of the victim of the harassing conduct
would be adversely affected to a degree that interferes with his or her ability to participate in or to
realize the intended benefits of an institutional activity, employment or resource.
(1) The reasonable person standard includes consideration of the perspective of persons of the alleged
victim's race, gender or other circumstances that relate to the purpose for which he or she has
become the object of allegedly harassing conduct.
a) If the victim does not subjectively perceive the environment to be hostile, the conduct has not
actually altered the conditions of participation and there shall be no violation of this policy.
(2) It is not necessary to show psychological harm to the victim to establish that the conduct would
interfere with the person's ability to participate in or to realize the intended benefits of an
institutional activity, employment or resource.
iii. Other conduct that is extreme and outrageous exceeding all bounds usually tolerated by polite society and that
has the purpose or the substantial likelihood of interfering with another person's ability to participate in or to
realize the intended benefits of an institutional activity, employment or resource.
View full policy (PDF, 613 KB).

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

Yellow light: Residence Life Handbook: Residents Rights and Responsibilities 12-13

Residents have the right ... to be free from fear of intimidation, physical and/or emotional harm
View full policy (PDF, 178 KB).

Posting Policies

Yellow light: Residence Life Handbook: Public Area Material 12-13

No suggestive material may be placed in public areas. Public areas include hallway walls, public side of room entrance doors, kitchens, lounges, bathrooms and the public side of windows.


Suggestive materials include but are not limited to; pornography, racial material, sexuality material and items promoting the use of alcohol or other drugs.
View full policy (PDF, 178 KB).

Internet Usage Policies

Yellow light: South Dakota Board of Regents Policy Manual: Student Conduct Code 12-13

Use of computing facilities to send obscene or abusive messages ....
View full policy (PDF, 38 KB).

Advertised Commitments to Free Expression

Green light policy: Student Handbook: Sponsorship of Non-University Speakers by Student Organizations 12-13

In keeping with the educational objectives of this institution, guest speakers are welcome on the campus for the promotion of an
atmosphere of open exchange and critical evaluation of divergent points of view. No topic or issue is too controversial for intelligent
discussion on the campus ....
View full policy (PDF, 387 KB).

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