University of California, San Diego
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: | Ninth Circuit | |
| Head of Institution: | Chancellor Pradeep K Khosla University of California, San Diego 9500 Gilman Drive, MC 0005 La Jolla, CA 92093 858-534-3135 chancellor@ucsd.edu |
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| Website: | http://www.ucsd.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)
Student Regulations: Use of "Fighting Words" 12-13
(1) The policy defines prohibited "fighting words" as: "those personally abusive epithets which, when directly addressed to any ordinary person are, in the context used and as a matter of common knowledge, inherently likely to provoke a violent reaction whether or not they actually do so."
(2) To be subject to the policy, "fighting words" must be inherently likely to provoke an immediate violent reaction.
(3) To be subject to the policy, "fighting words" must be directly addressed to the subject of the epithets.
(4) The policy describes as examples of "fighting words" "those terms widely recognized to be derogatory references to race, ethnicity, religion, sex, sexual orientation, disability, and other personal characteristics." These examples are provided for the purpose of illustration only. Derogatory references to the listed personal characteristics are not automatically fighting words under the policy if the other requirements of the definition cited above are not met. Nor does the policy limit the definition of "fighting words" to such derogatory references.
(5) The policy prohibits use of fighting words "to harass any person(s) on campus or University property..."and later provides a definition of harassment." This "harassment" requirement narrows the scope of the policy; it does not expand it. To be subject to the policy, "fighting words" must BOTH meet the policy's definition of that term and constitute harassment.
(6) The definition of "harassment" requires that the harassing conduct "interfere with the victim's ability to pursue effectively his or her education or otherwise participate fully in campus or University programs and activities." Conduct meets this standard when it causes a substantial impairment of the victim's participation in the University activities or use of University facilities.
View full policy (PDF, 76 KB).
(2) To be subject to the policy, "fighting words" must be inherently likely to provoke an immediate violent reaction.
(3) To be subject to the policy, "fighting words" must be directly addressed to the subject of the epithets.
(4) The policy describes as examples of "fighting words" "those terms widely recognized to be derogatory references to race, ethnicity, religion, sex, sexual orientation, disability, and other personal characteristics." These examples are provided for the purpose of illustration only. Derogatory references to the listed personal characteristics are not automatically fighting words under the policy if the other requirements of the definition cited above are not met. Nor does the policy limit the definition of "fighting words" to such derogatory references.
(5) The policy prohibits use of fighting words "to harass any person(s) on campus or University property..."and later provides a definition of harassment." This "harassment" requirement narrows the scope of the policy; it does not expand it. To be subject to the policy, "fighting words" must BOTH meet the policy's definition of that term and constitute harassment.
(6) The definition of "harassment" requires that the harassing conduct "interfere with the victim's ability to pursue effectively his or her education or otherwise participate fully in campus or University programs and activities." Conduct meets this standard when it causes a substantial impairment of the victim's participation in the University activities or use of University facilities.
Office for the Prevention of Harassment and Discrimination: FAQ 12-13
Sexual harassment may be verbal, visual or physical conduct.
Examples include:
...
Sexual innuendos and other seductive behavior, including pressure for sexual activity such as repeated, unwanted requests for dates, and repeated inappropriate personal comments, staring, or touching;
...
Remarks of a sexual nature about a person's clothing or body;
Unwelcome and inappropriate letters, telephone calls, electronic mail, or other communications or gifts.
Conduct may violate the University Policy on Sexual Harassment only if it meets the definition set out in that Policy.
View full policy (PDF, 925 KB).
Examples include:
...
Sexual innuendos and other seductive behavior, including pressure for sexual activity such as repeated, unwanted requests for dates, and repeated inappropriate personal comments, staring, or touching;
...
Remarks of a sexual nature about a person's clothing or body;
Unwelcome and inappropriate letters, telephone calls, electronic mail, or other communications or gifts.
Conduct may violate the University Policy on Sexual Harassment only if it meets the definition set out in that Policy.
General Catalog: UC San Diego Sexual Harassment Prevention and Policy 12-13
Harassment that is not sexual in nature but is based on gender, sex-stereotyping, or sexual orientation also is prohibited by the University's nondiscrimination policies if it is sufficiently severe to deny or limit a person's ability to participate in or benefit from University educational programs, employment, or services.
View full policy (PDF, 107 KB).
Student Conduct Code 12-13
Conduct (e.g. harassment) 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.
Physical, verbal, written, face-to-face, telephonic, electronic or other means of contact that a Student knows or should know is unwanted, is communicated directly to one or more specific Students, faculty, or staff, constitutes severe and/or pervasive, and objectively offensive conduct; and does not constitute speech protected by the First Amendment of the United States Constitution (e.g. speech in a public forum on a matter of public concern).
View full policy (PDF, 880 KB).
Policies Restricting Freedom of Conscience (Learn More)
The UCSD Principles of Community 12-13
UCSD faculty, staff, and students are expected to practice these basic principles as individuals and in groups.
...
*We affirm each individual's right to dignity and strive to maintain a climate of justice marked by mutual respect for each other.
* We value the cultural diversity of UCSD because it enriches our lives and the university. We celebrate this diversity and support respect for all cultures, by both individuals and the university as a whole.
* We are a university that adapts responsibly to cultural differences among the faculty, staff, students, and community.
* We acknowledge that our society carries historical and divisive biases based on race, ethnicity, gender, age, disability, sexual orientation, religion, and political beliefs. Therefore, we seek to foster understanding and tolerance among individuals and groups, and we promote awareness through education and constructive strategies for resolving conflict.
* We reject acts of discrimination based on race, ethnicity, gender, age, disability, sexual orientation, religion, and political beliefs, and we will confront and appropriately respond to such acts.
View full policy (PDF, 56 KB).
...
*We affirm each individual's right to dignity and strive to maintain a climate of justice marked by mutual respect for each other.
* We value the cultural diversity of UCSD because it enriches our lives and the university. We celebrate this diversity and support respect for all cultures, by both individuals and the university as a whole.
* We are a university that adapts responsibly to cultural differences among the faculty, staff, students, and community.
* We acknowledge that our society carries historical and divisive biases based on race, ethnicity, gender, age, disability, sexual orientation, religion, and political beliefs. Therefore, we seek to foster understanding and tolerance among individuals and groups, and we promote awareness through education and constructive strategies for resolving conflict.
* We reject acts of discrimination based on race, ethnicity, gender, age, disability, sexual orientation, religion, and political beliefs, and we will confront and appropriately respond to such acts.
Internet Usage Policies
Academic Computing & Media Services Acceptable Use Policies 12-13
Examples of misuse include, but are not limited to, the activities in the following list. ... Engaging in activities which result in an excessive and avoidable level of complaints to University officials. For example, publishing controversial material without identifying the individual or organization responsible for the publication and without providing a clear means for direct feedback and handling of complaints by the publisher.
View full policy (PDF, 120 KB).
Policies on Bias and Hate Speech
Office for the Prevention of Harassment and Discrimination: Understanding Hate and Bias 12-13
Because UCSD protects the free expression of ideas, not all bias incidents will violate University policy. The protection of freedom of expression, including controversial speech, and sometimes even offensive or hurtful words, is vital to a community of teachers and learners. Nevertheless, personal threats or other acts of misconduct violate university policies and those policies will be vigorously enforced.
You should report bias incidents so the University can determine if policies have been violated and support persons who feel victimized.
You should report bias incidents so the University can determine if policies have been violated and support persons who feel victimized.
Examples of bias incidents include:
* A public speaker who makes homophobic comments about members of the LGBT community
* Anti-Semitic flyers distributed on campus
* Sexist or racist jokes told in public
* Verbal insults directed toward a person of color
* Defaming e-mails sent to a student cultural organization
* A public speaker who makes homophobic comments about members of the LGBT community
* Anti-Semitic flyers distributed on campus
* Sexist or racist jokes told in public
* Verbal insults directed toward a person of color
* Defaming e-mails sent to a student cultural organization
Bias incidents are acts of conduct, speech, or expression that target individuals and groups based on race, religion, ethnic/national origin, gender, gender identity, age, disability, or sexual orientation.
View full policy (PDF, 311 KB).
University of California Campus Climate 12-13
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.
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
Policy on Speech, Advocacy, and Distribution of Literature on University Grounds 12-13
Expressive activity on all university grounds is protected provided that it does not:
1. Unreasonably disrupt or interfere with university business;
2. Violate the legal rights of other persons, endanger their safety, or unreasonably disrupt, interfere,
or obstruct viewing or hearing an expressive activity of another person or group that is in
compliance with university policy;
3. Obstruct the ingress or egress to any university facility, or obstruct the use of any pedestrian
walkways, roadways, or fire lanes;
4. Unreasonably pose risk of damage to the environment (e.g., trees and other vegetation, wildlife) or
to property.
1. Unreasonably disrupt or interfere with university business;
2. Violate the legal rights of other persons, endanger their safety, or unreasonably disrupt, interfere,
or obstruct viewing or hearing an expressive activity of another person or group that is in
compliance with university policy;
3. Obstruct the ingress or egress to any university facility, or obstruct the use of any pedestrian
walkways, roadways, or fire lanes;
4. Unreasonably pose risk of damage to the environment (e.g., trees and other vegetation, wildlife) or
to property.
Non-commercial literature may be distributed on university grounds provided such distribution: (i)
does not interfere with the orderly conduct of university operations; (ii) is not forced upon others.
View full policy (PDF, 421 KB).
does not interfere with the orderly conduct of university operations; (ii) is not forced upon others.
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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.
