Yellow Light School

University of Mary Washington

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: President Richard V Hurley
University of Mary Washington
1301 College Avenue, 103/GW
Fredericksburg, VA 22401
540-654-1231
rhurley@uwm.edu
Website: http://www.umw.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

Policies on Diversity and Multiculturalism (Learn More)

Student Handbook - Council on Community Values

Harassment Policies (Learn More)

Student Handbook - Sexual Harassment Policy - Consensual Relationships

Consensual Relationships

Although consensual relationships between persons of different power levels (i.e., between a faculty member and a student, or between a supervisor and an employee) do not constitute sexual harassment, they raise serious concerns and may lead to difficulties. Such relationships may give rise to claims of sexual harassment in one or more of the following cases:

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2. A consensual relationship creates a hostile, offensive, or intimidating work or learning environment for third parties; or,
3. A consensual relationship ends, but one of the parties continues to pursue the relationship after being notified repeatedly that such conduct is no longer welcome. According to legal precedent, mutual consent may not be an adequate or acceptable defense against a charge of sexual harassment.

Student Handbook - Sexual Harassment Policy - Definitions of Sexual Harassment & Examples of Sexual Harassment

Definition of Sexual Harassment

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Harassment on the basis of sex is a violation of Sec. 703 of Title VII [of the 1964 Civil Rights Act]. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

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3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work [or academic or extracurricular] performance or of creating an intimidating, hostile, or offensive working [or educational] environment.

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Further, sexual harassment may involve acts that are not themselves coercive but that create an environment that is hostile, offensive, or intimidating for an individual who has to work or study there. Such sexually harassing acts thus may affect not only the person who is their target, but also others in that setting who witness the acts.

The fact that someone did not intend to sexually harass another is generally not considered a defense to a complaint of sexual harassment. It is the effect and characteristics of the behavior that determine if the behavior constitutes sexual harassment. The College will consider charges of sexual harassment on a case-by-case basis. In determining whether conduct constitutes sexual harassment, the College will consider the facts of the incident or incidents as a whole, including the circumstances or context in which the incident(s) occurred.
Examples of Sexual Harassment
Listed below are some types of behaviors that, according to legal precedents, may constitute sexual harassment. This list is not exhaustive.

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(f) Pressure for sexual activity, including repeated requests for social contacts after a person has indicated no interest;
(g)Unwelcome and repeated verbal expressions of a sexual nature, including sexual commentaries about a person’s body, dress, appearance, or sexual activities;
(h)Unwelcome and repeated use of sexually degrading language, jokes, or innuendoes; unwelcome and repeated suggestive or insulting sounds or whistles; sexually suggestive phone calls;
(i) Sexually suggestive objects, pictures, videotapes, audio recordings, or literature, placed in the work or study area, that may embarrass or offend individuals. Such material, if used in an educational setting, should be related to educational purposes.

Office of Human Resources - What is Sexual Harassment

Some common examples include

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-Unwanted sexual teasing, jokes, remarks or questions
-Unwanted pressure for dates

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-Sexual looks or gestures

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-Unwelcome letters, telephone calls or materials of sexual nature

Green light: Sexual Misconduct Policy 12-13

SEXUAL HARASSMENT is defined as gender-based verbal or physical
conduct that unreasonably interferes with or deprives someone of educational
access, benefits, or opportunities.
Hostile Environment harassment includes any situation in which there is
harassing conduct that is sufficiently severe, pervasive or persistent, and
patently offensive, such that it alters the conditions of education or
employment, from both a subjective (the alleged victim’s) and an objective
(reasonable person’s) viewpoint.
View full policy (PDF, 610 KB).

Yellow light: Bias Offense and Incident Reporting Policy: Related Definitions 12-13

Below are definitions of terms that are commonly used in conversations about creating a safe and respectful professional, academic, and/or social climate. These definitions, however, should not be interpreted as legal definitions that are or may be used to determine if a violation of law has occurred. ... Harassment � unwanted negative attention perceived as intimidating, demeaning, or bothersome to an individual
View full policy (PDF, 116 KB).

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

Yellow light: Judicial Affairs and Community Responsibility: Disorderly or Obscene Conduct 12-13

No student shall be involved in disorderly or obscene conduct. Such conduct includes, but is not limited to: fighting, creating a disturbance, obscene language, verbal or physical harassment, making excessive noise. Disorderly or obscene conduct on campus, at any UMW-sponsored event, or while operating or traveling in any Mary Washington or state-owned vehicle, should be reported to the Office of Judicial Affairs and Community Responsibility, or, in urgent situations, to University Police.
View full policy (PDF, 58 KB).

Policies Restricting Freedom of Conscience (Learn More)

Student Handbook - Statement of Community Values

Posting Policies

Yellow light: Student Organization Handbook: Publicity 12-13

ANY poster, sign, flyer, notice, banner, or other advertisement to be displayed on campus MUST FIRST be reviewed, approved, and stamped by SAE. ... SAE will not approve vulgar material or anything with pictures or statements concerning alcohol or drugs. Materials will only be approved if they are keeping within the values of the University.
View full policy.

Internet Usage Policies

Green light: Network and Computer Use Policy 12-13

The network provides an open forum for the expression of ideas, including
viewpoints that are strange, unorthodox, and unpopular. Opinions expressed
there must be presented in a manner that is free of obscenity (as defined by
Code of Virginia section 18.2-372), forgery, and other illegal forms of
expression, which are not acceptable uses of the University’s network and are
in violation of University policy. In addition, expressions of opinion may not be
represented as the views of the University of Mary Washington, and individual
users are responsible and accountable for any material posted and transmitted
on the network in violation of this or other University policies, or state or
federal law.
View full policy (PDF, 917 KB).

Policies on Bias and Hate Speech

Green light: Bias Offense and Incident Reporting Policy 12-13

Bias incidents involve any behavior that a person finds harmful or hurtful and reasonably believes is directed at him or her or others simply because of one’s race, color, religion, disability, national origin, political affiliation, marital status, sexual orientation, gender, veteran status, or age. ... A bias incident may involve protected speech.
This definition is used for reporting and statistical purposes only. It carries no independent sanctioning weight or authority.
What is the difference between incidents and offenses?
A bias offense is a more serious bias incident and may result in sanctions or disciplinary action. It is defined as any act that is based on actual or perceived race, color, religion, disability, national origin, political affiliation, marital status, sexual orientation, gender, veteran status, or age that creates an intimidating and/or hostile educational , living, or working environment by unreasonably and substantially interfering with an individual’s or group’s safety, security, work, or academic performance. Acts include language and/or behaviors. Bias offenses may result in serious sanctions or disciplinary action.
View full policy (PDF, 132 KB).

Other Speech Codes

Student Handbook - Posters, Signs, Notices, Banners, Advertisements

Posters—Signs—Notices—Banners—Advertisements

These types of items must be reviewed and stamped by the Office of
Student Activities and Community Service (OSACS) and may only be displayed on building bulletin boards, outdoor bulletin boards on Campus Walk and outside Seacobeck, or on Seacobeck tables. Items may be attached to bulletin boards only with appropriate materials such as thumbtacks, push pins, standard staples, masking or cellophane tape. Do not use heavy-duty or strapping tape, nails, or heavy-duty staples (as from staple guns).

1. ALL posters, signs, notices, and advertisements must be stamped by the OSACS staff in Seacobeck Hall before posting and shall be fully removed by the posting party within 24 hours following the event or activity.

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3. Campus Center/Campus Walk Bulletin Boards: Items for posting must be stamped by the Office of Student Activities, placed only on bulletin boards, and will be removed every Monday morning.

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5. Residence halls: items for posting must be reviewed by the Asst. Director, Graduate Resident Director, or Head Resident, and attached to bulletin boards with appropriate materials (as noted above).

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Student Handbook - Student Organization Approval

Student Organization Approval

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The following resolution was passed by the Rector and Board of Visitors of Mary Washington College concerning non-recognized student groups:

RESOLVED by The Rector and Visitors of Mary Washington College this the 11th day of November, 1989, that:

1. The College’s policy of refusing to recognize student groups that discriminate in membership based upon race, color, religion, disability, national origin, political affiliation, marital status, sex, or age, is reaffirmed.

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Advertised Commitments to Free Expression

Student Handbook - Network and Computer Use Policy - Network Privileges

Student Handbook - Council on Community Values

Student Handbook - Academic Freedom Statement

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 November 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.