Red Light School

University of Wisconsin - Madison

A red light university has at least one policy that both clearly and substantially restricts freedom of speech. Read more here.

Public or Private: Public
Federal Circuit: Seventh Circuit
Head of Institution: Chancellor David Ward
University of Wisconsin - Madison
161 Bascom Hall
500 Lincoln Drive
Madison, WI 53706
608-262-9946
chancellor@news.wisc.edu
Website: http://www.wisc.edu

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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: Prohibited Harassment: Definitions and Rules Governing the Conduct of UW-Madison Faculty and Academic Staff 12-13

A member of the university faculty or academic staff is subject to discipline if, in a work or learning-related setting, he or she makes sexual advances, requests sexual favors, or makes physical contacts commonly understood to be of a sexual nature, and if

1.

the conduct is unwanted by the person(s) to whom it is directed, and
2.

the actor knew or a reasonable person could clearly have understood that the conduct was unwanted, and
3.

because of its flagrant or repetitious nature, the conduct either
1.

seriously interferes with work or learning performance of the person(s) to whom the conduct was directed, or
2.

makes the university work, learning, or service environment intimidating or hostile, or demeaning to a person of average sensibilities.
The use, in addressing a specific student, university employee, or recipient of university services, of an epithet or a comment concerning that student, employee or recipient of services that clearly derogates and debases him or her on the basis of his or her gender, race, religion, ethnicity, sexual orientation, or disability is not appropriate and therefore is not protected.

Expression can be the basis for discipline only if all of the following conditions apply:

1.

The expression is clearly and patently not protected under IV.B.1; and
2.

one or more student(s), university employee(s), or recipient(s) of university services have asked on one or more previous occasions that the faculty or academic staff member stop using such expression; and
3.

the expression is, and is commonly considered by the university community-including individuals who belong to a group targeted by the faculty or academic staff member-to be, seriously derogating and debasing; and
4.

the expression is likely seriously to interfere with an individual's academic or professional performance, or receipt of university services.
View full policy (PDF, 89 KB).

Yellow light: Office of Equity and Diversity: Sexual Harassment Information and Resources- What is Sexual Harassment? 12-13

Some behavior that is not in violation of university policy may, nonetheless, be unprofessional under the circumstances. Consequences of such unprofessional behavior may include poor performance evaluations or possible discipline.
Unwelcome sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature when:
...
the conduct interferes with an employee's work or a student's academic career, or creates an intimidating, hostile or offensive work, learning, or program environment.
View full policy (PDF, 85 KB).

Yellow light: Division of University Housing: Student/Community Expectations- Harassment 12-13

"Harassment" is defined as verbal threats, intimidation, or conduct which: tend to cause or incite a breach of the peace; or are severe or pervasive enough to substantially interfere with a reasonable student's educational performance, opportunities or benefits, or mental, emotional or physical well-being and which actually do so interfere. The presentation of any idea, regardless of the ideas' nature or perceived value, may not be considered harassment unless it is accompanied with verbal threats, intimidation, or conduct as previously defined. Behaviors and actions exhibited via electronic media including email, text messaging or social networking websites (e.g. Facebook or Twitter) may be in violation of the harassment policy or fit the definition of a bias incident.
View full policy (PDF, 227 KB).

Red light: University of Wisconsin System Board of Regents: Policies- Racist and Other Discriminatory Conduct Policy 12-13

It is the policy of the Board of Regents of the University of Wisconsin System, that racist and other discriminatory conduct toward students, employees, officials, and guests in the University of Wisconsin System is conduct that will not be tolerated. Discrimination, discriminatory attitudes, and expressions that reflect discrimination are inconsistent with the efforts of the University of Wisconsin System to foster an environment of respect for the dignity and worth of all members of the university community and to eliminate all manifestations of discrimination within the university.
Racist and other discriminatory conduct encompasses harassing conduct based upon the race, sex, gender identity or expression, religion, color, creed, disability, sexual orientation, national origin, ancestry, or age of an individual or individuals. Harassment of this kind is a form of discrimination.
[I]nstitutions may wish to provide specific examples of racist and other discriminatory conduct, to further enhance understanding of the problem. Such examples might include:

1. physical contact or attacks for racial reasons;
2. intimidation through the threat of force or violence on a person's body, possessions or residence;
3. verbal assaults based on ethnicity, such as name calling, racial slurs, or "jokes" that demean a victim's color, culture or history.
View full policy (PDF, 238 KB).

Internet Usage Policies

Yellow light: Responsible Use of Information Technology Policy 12-13

Respect and Protect Privacy and Be Civil:
Users of University IT resources are expected to protect others’ privacy. They may not use University IT resources to stalk, harass, threaten, or otherwise cause harm to another individual or entity, or to the activities of others.
View full policy (PDF, 133 KB).

Yellow light: UWS 18 Conduct on University Lands: Computer Use 12-13

No person may, with
intent to harass, annoy or offend another person,
send a message to the person on an electronic mail
or other computerized communication system and in
that message use any obscene, lewd or profane
language or suggest any lewd or lascivious act.
View full policy (PDF, 495 KB).

Policies on Bias and Hate Speech

Yellow light: Dean of Students Office: Reporting and Response to Incidents of Bias/Hate 12-13

Definition of Bias/Hate: Single or multiple acts toward an individual, team, or their property that have a negative impact and that one could reasonably conclude is based upon actual or perceived age, race, color, creed, religion, gender identity or expression, ethnicity, national origin, disability, veteran status, sexual orientation, political affiliation, martial status, spirituality, cultural, socio-economic status, or any combination of these or other related factors. Bias/Hate incidents include, but are not limited to: slurs, degrading language, epithets, graffiti, vandalism, intimidation, symbols, and harassment; that are directed toward or affect the targeted individual or team. Incidents of Bias or Hate contribute to a hostile campus environment and can occur even if the act itself is unintentional or delivered as a joke, prank, or having humorous intent.
While some acts of bias or hate may be violations of the law and/or University policy, many may be considered speech protected by the First Amendment; which allows for the expression of hateful and intolerant statements and expressive conduct. In such cases, no formal action can be taken against the offending party(ies). However, the University has an obligation and the right to respond to such incidents in a manner consistent with the role of promoting a climate of tolerance, respect, inclusion and dialog.
View full policy (PDF, 456 KB).

Other Speech Codes

Yellow light: Division of University Housing: Student/Community Expectations- Dismissal on the First Offense 12-13

Some behaviors and policy violations may result in dismissal from University Housing on the first offense. These
behaviors include, but are not limited to: ... Interfering with a staff member engaged in the performance of his/her duties; interference includes, but is not limited
to: verbal abuse, physical intimidation or use of physical force, and the display of demeaning or humiliating visual
materials.
View full policy (PDF, 262 KB).

Advertised Commitments to Free Expression

Green light policy: Prohibited Harassment: Definitions and Rules Governing the Conduct of UW-Madison Faculty and Academic Staff 12-13

The University of Wisconsin-Madison endeavors to maintain an environment that challenges students, faculty, and staff to develop their critical thinking capacities to their fullest potential-an environment in which controversial, provocative, and unpopular ideas can safely be introduced and discussed. The university is, therefore, unswervingly committed to freedom of speech as guaranteed under the First Amendment to the Constitution of the United States and to the principle of academic freedom adopted by the Board of Regents in 1894, which states in part: "whatever may be the limitations which trammel inquiry elsewhere, we believe that the great state University of Wisconsin should ever encourage that continual and fearless sifting and winnowing by which alone truth can be found."
View full policy (PDF, 89 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.