Yellow Light School

San Jose 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: Ninth Circuit
Head of Institution: President Mohammad Qayoumi
San Jose State University
One Washington Square
San Jose, CA 95192-0002
408-924-1177
sjsupres@sjsu.edu
Website: http://www.sjsu.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: Implementation of Title IX of the Education Amendments of 1972 and Related Sexual Harassment/Violence Legislation for CSU Students - Executive Order 1072 12-13

"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: Systemwide Policy Prohibiting Discrimination, Harassment and Retaliation Against Students and Systemwide Procedure for Handling Discrimination, Harassment and Retaliation Complaints by Students 12-13

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.
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.
View full policy (PDF, 482 KB).

Yellow light: Title IX Notice of Nondiscrimination 12-13

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 genderbased 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, 2435 KB).

Yellow light: Housing License Agreement Booklet: Harassment and/or Assault 12-13

Verbal harassment is verbal behavior, either in words or gestures, which dominates, controls, or does another person harm. Verbal harassment occurs when unwelcome speech or conduct is so severe, persistent, or pervasive that it interferes with an employee’s work performance or a resident’s ability to participate in or benefit from an educational activity or program, or creates an intimidating, hostile or offensive working, living, or educational environment.
Any form of activity, whether covert or overt, that creates a threatening or harassing environment for any UHS resident, guest, or staff member will be handled judicially and may be grounds for immediate disciplinary action, revocation of the Housing License Agreement, and criminal prosecution.
View full policy (PDF, 53 KB).

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

Yellow light: Student Conduct Code 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, 189 KB).

Yellow light: Student Organization Code of Conduct: Disorderly Conduct 12-13

Any offensive or disorderly act or display which interferes with the rights of others.
Harassment, threats, physical
abuse, intimidation or the threat of physical abuse, including bias-related incidents.
View full policy (PDF, 1005 KB).

Posting Policies

Yellow light: Housing License Agreement Booklet: Posting Policy 12-13

The Director of University Housing Services or his/her designee(s) must approve any postings found within University Housing facilities. Postings must adhere to the UHS Posting and Distribution Policy. Postings should respect the mission and values of the university residence halls, which include providing all residents with a comfortable living environment and sense of community. Posters should not engage in gratuitously offensive expression that might be destructive of the desired community.
View full policy (PDF, 57 KB).

Internet Usage Policies

Yellow light: Student Conduct Code 12-13

Use of computing facilities and resources to send
obscene or intimidating and abusive messages.
View full policy (PDF, 189 KB).

Yellow light: Acceptable Use Policy 12-13

SJSU Computing users should not: ... * Post material to electronic bulletin boards, news groups, chat rooms, or mail lists which is illegal, inappropriate or otherwise at variance with accepted codes of network etiquette (e.g., Usenet rules published in news.announce.newusers).
View full policy (PDF, 485 KB).

Advertised Commitments to Free Expression

Green light policy: Freedom of Speech and Artistic Expression 12-13

Because freedom of speech and expression play such a critical role in the functioning
of a university, undue interference with the exercise of these freedoms by members
of the San Jose State University community may constitute grounds for resort to law
or other formal action.
San Jose State University formally reaffirms its commitment to freedom
of speech and artistic expression through this presidential directive. Freedom of speech in
this context will be taken to encompass all forms of communication and artistic expression
as well as the freedom to listen, watch, protest, or otherwise participate in such
communication.
View full policy (PDF, 158 KB).

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