Yellow Light School

University of South Dakota

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 James W Abbott
University of South Dakota
Office of the President
414 E. Clark Street
Vermillion, SD 57069
605-677-5641
presoff@usd.edu
Website: http://www.usd.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: South Dakota Board of Regents Policy Manual: Student Conduct Code 12-13

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.
Harassment may be established by showing
i. Conduct toward another person that has the purpose or the
effect of creating an objectively and subjectively
intimidating, hostile or demeaning environment that
substantially interferes with his or her 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.
View full policy (PDF, 99 KB).

Free Speech Zones

Yellow light: Non-Commercial Free Speech Policy and Registration Form 12-13

Constitutionally protected speech will be permitted by the University, within reasonable time, place and manner. All free
speech protests/demonstrations on the campus of The University of South Dakota will be restricted to the appropriate Free
Speech areas on campus and must be approved by the Muenster University Center Administration. Additional permission
may be required from a building director or dean and/or the Dean of Students.
A. All Free Speech activities will be limited to Monday through Friday, during the hours of 9:00 a.m. -- 4:30 p.m. No Free
Speech activities will be allowed the first week of each new semester, the week prior to finals, and the week of finals.
B. Areas available for Free Speech
I. Muenster University Center
II. Muenster University Center Courtyard
III. I.D. Weeks Library Courtyard
View full policy (PDF, 142 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 or
to engage in unlawful activities, including those involving uses that
infringe intellectual properties ....
View full policy (PDF, 73 KB).

Advertised Commitments to Free Expression

Green light policy: South Dakota Board of Regents Policy Manual: Freedom of Speech 12-13

The institutions shall ensure the rights of free speech and expression and shall encourage the timely and rational discussion of topics whereby the ethical and intellectual development of the student body and general welfare of the public may be promoted.
View full policy (PDF, 52 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.