thefire.org

(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.

Sexual harassment may be verbal, visual or physical conduct.

Examples include:
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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;
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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.

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.

For the purposes of this Conduct Code, an act of sexual harassment is defined as follows:


Sexual harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when submission to or rejection of this conduct explicitly or implicitly affects a persons employment or education, unreasonably interferes with a persons work or educational performance, or creates an intimidating, hostile or offensive working or learning environment. In the interest of preventing sexual harassment, the University will respond to reports of any such conduct.

Harassment by a student of any person. For the purposes of these Policies, "harassment": a) is the use, display, or other demonstration of words, gestures, imagery, or physical materials, or the engagement in any form of bodily conduct, on the basis of race, color, national or ethnic origin, alienage, sex, religion, age, sexual orientation, or physical or mental disability, that has the effect of creating a hostile and intimidating environment sufficiently severe or pervasive to substantially impair a reasonable person's participation in University programs or activities, or use of University facilities; b) must target a specific person or persons; and c) must be addressed directly to that person or persons.

UCSD faculty, staff, and students are expected to practice these basic principles as individuals and in groups.
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*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.

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.

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.

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

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.

UCSD is committed to ensuring that the exercise of constitutional rights of free and open discussion, expression, and advocacy are not only protected but encouraged as a vital aspect of the spirit of free inquiry appropriate to a university setting.

Any individual or group wishing to exercise rights of expression and/or advocacy may utilize UCSD grounds generally open to the public.

On University and UCSD grounds open to the public generally ... all persons may exercise the constitutionally protected rights of expression, speech, assembly, worship, and distribution and sale of non-commercial literature incidental to the exercise of these freedoms; such activities shall not interfere with the orderly operation of UCSD and must be conducted in accordance with UCSD time, place and manner regulations.