Yellow Light School

University of California, Berkeley

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: Chancellor Robert J Birgeneau
University of California, Berkeley
Office of the Chancellor
200 California Hall #1500
Berkeley, CA 94720
510-642-7464
chancellor@uclink4.berkeley.edu
Website: http://www.berkeley.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: Code of Student Conduct: Sexual, Racial and Other Forms of Harassment (Interim) 12-13

Harassment is defined as conduct that is so severe and/or pervasive, and objectively offensive, and that so substantially impairs a person's access to University programs or activities, that the person is effectively denied equal access to the University's resources and opportunities on the basis of his or her race, color, national or ethnic origin, alienage, sex, religion, age, sexual orientation, gender identity, marital status, veteran status, physical or mental disability, or perceived membership in any of these classifications.
When employed by the University of California, and acting within the course and scope of that employment, students are subject to the University of California Policy on Sexual Harassment. Otherwise, Section 102.09, above, is the applicable standard for harassment by students.
View full policy (PDF, 1939 KB).

Yellow light: Bear Necessities Guide: Residential Conduct Code 12-13

The following information outlines actions that are prohibited:
...
Verbal abuse, threats, intimidation, harassment and/or coercion.
View full policy (PDF, 46 KB).

Yellow light: Gender Equity Resource Center: Sexual Harassment Info Sheet 12-13

Some examples of potential sexual harassment: ... Sexual innuendoes and comments about your clothing, body or sexual activities ... ; Suggestive or insulting sounds (ie: cat calls, whistles, etc.: hostile environment); Humor and jokes about sex in general that make someone feel uncomfortable or that they
did not consent to (hostile environment); Sexually harassing a person or group based on perceived or actual gender, sexuality, age,
disability, race, etc. (ie: a teacher telling a class that "pretty girls aren't good at science"; calling someone a lesbian because they want to play sports; a group of peers at school saying
loudly how "Latin women are always wildcats in bed", calling a man "fag" because he
doesn't play football, etc: hostile environment) ....
View full policy (PDF, 138 KB).

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

Yellow light: Bear Necessities Guide: Respect and Civility 12-13

[T]he administration of this University publicly declares its expectation
that all members of the campus community will work to develop and maintain
a high degree of respect and civility for the wealth of diversity in which we are
all fortunate to live and work together.
View full policy (PDF, 81 KB).

Free Speech Zones

Yellow light: Berkeley Campus Regulations Implementing University Policies: Areas for Public Expression 12-13

The Sproul Plaza and Lower Sproul Plaza have traditionally been designated as areas for public expression. These areas are open to the public generally between the hours of 6:00 a.m. and 12:00 midnight. Between the hours of midnight and 6 a.m., these areas are generally closed to all activities except coming and going to a University building or crossing the campus. During open hours Sproul Plaza and Lower Sproul Plaza may be used without reservation for discussion or public expression which does not require or involve sound amplification equipment. Space in both areas may be reserved through the Office of Student Life for use by recognized campus organizations or non-University groups in accordance with facility use regulations and established office procedures. However, use of these areas for discussion or public expression may be limited when such use interferes with the orderly conduct of University business or authorized events.
On University grounds open to the public generally, all persons may exercise the constitutionally protected rights of free expression, speech and assembly. Such activities must not, however, interfere with the right of the University to conduct its affairs in an orderly manner and to maintain its property, nor may they interfere with the University's obligation to protect the rights of all to teach, study, and freely exchange ideas.
View full policy (PDF, 422 KB).

Posting Policies

Yellow light: Bear Necessities Guide: Posting in University Housing 12-13

Flyers should not include or allude to alcohol or drugs, be obscene or
libelous, or have commercial content.
View full policy (PDF, 124 KB).

Policies on Bias and Hate Speech

Yellow light: University of California Campus Climate 12-13

The University of California website offers an electronic, UC system wide intolerance report form, developed to capture acts of intolerance on all of the campuses, labs, and the Office of the President.

Hate Speech: Hate speech is any speech, gesture or conduct, writing, or display that may incite violence or prejudicial action against someone based on actual or perceived race, color, ancestry, gender, gender identity, ethnicity ....
If you experience or observe behavior that is inconsistent with our Principles of Community, please report it.

You may report in a variety of ways:

*Report anonymously or by name, via this Campus Climate page, by selecting the University of California campus where the incident occurred from the list to the right and clicking "Continue".
* Report anonymously to an appropriate campus office, based on the nature of the incident. Please refer to the website for the campus where the incident occurred.
* Report anonymously via your campus' Bias Reporting page, by selecting your campus from the Local Bias Reporting menu above. If your campus does not appear on this list, there is no local reporting form available. Please use this form, instead.
* File a report with your Campus Police Department, via the Campus Police menu above.
Expressions of Bias: A general communication not directed toward a particular individual, which disparages a group of people on the basis of some characteristic ....
View full policy (PDF, 122 KB).

Advertised Commitments to Free Expression

Green light policy: Policy On Speech And Advocacy 12-13

The University is committed to assuring that all persons may exercise the constitutionally protected rights of free
expression, speech, assembly, and worship.
View full policy (PDF, 40 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 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.