Yellow Light School

Binghamton University, State University of New York

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: Second Circuit
Head of Institution: President Harvey Stenger
Binghamton University, State University of New York
Office of the President
P.O. Box 6000
Binghamton, NY 13902
607-777-2131
president@binghamton.edu
Website: http://www.binghamton.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: Student Handbook: Code of Student Conduct 12-13

The term "sexual harassment" means unwelcomed sexual advances, requests for
sexual favors, and/or other unwelcomed verbal or physical conduct of a sexual
nature that substantially interferes with a person’s performance or creates an
intimidating, hostile or offensive environment.
Harassment is unwelcome conduct directed against a person based on one or more
of that person’s protected characteristics or statuses (age, color, race, disability,
marital status, national/ethnic origin, religion, veteran status, sex [including
pregnancy], political affiliation or family medical or genetic information), which is
so severe or pervasive that it interferes with an individual’s employment, academic
performance or participation in University programs or activities, and creates a
working, learning, program or activity environment that a reasonable person
would find intimidating, hostile or offensive.
View full policy (PDF, 688 KB).

Yellow light: Code of Student Conduct 12-13

Stalking or communicating in a manner likely to cause injury, distress, or emotional or physical discomfort and which serves no legitimate purpose.
View full policy (PDF, 688 KB).

Green light: Student Handbook: Sexual Harassment 12-13

Binghamton University’s policy against sexual harassment accords with the Equal Employment Opportunity Commission (EEOC) guidelines originally issued in 1980 and updated in 1990. The EEOC defines sexual harassment as "Unwelcome sexual advances or requests for sexual favors and other verbal or physical conduct of a sexual nature when ... such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment."
View full policy (PDF, 120 KB).

Green light: Student Handbook: Other University Policies- Harassment 12-13

The Equal Employment Opportunity Commission (EEOC) describes
harassment based on protected class, including sexual harassment, as offensive
conduct that is so severe, pervasive or objectively offensive that it
creates an unreasonable and substantial interference with the ability of a
member of a protected class to participate in the academic or employment setting.
Harassment is generally understood to occur when the conduct of an
individual or group of individuals has the intent or effect of unreasonably
interfering with an individual's or group of individuals' educational or work
environment or creates an intimidating, hostile or offensive environment.
View full policy (PDF, 206 KB).

Posting Policies

Yellow light: Student Handbook: Other University Policies- Advertising on Campus 12-13

Advertisements should avoid demeaning, sexist or discriminatory portrayal
of individuals.
View full policy (PDF, 126 KB).

Internet Usage Policies

Green light: Information Technology Services: Computer and Network Use Policy 12-13

No user may use the University’s computers or networks to libel, slander or harass any other person.
View full policy (PDF, 176 KB).

Policies on Bias and Hate Speech

Yellow light: Student Handbook: Annual Security Report- Hate Crimes Prevention 12-13

In addition to preventing and prosecuting hate/bias crimes, New York State
University Police, staff in the Division of Student Affairs, the University Ombudsman and the Affirmative Action Office assist in addressing bias-related activities
that do not rise to the level of a crime. These activities, referred to as bias incidents
and defined by the University as acts of bigotry, harassment or intimidation
directed at a member or group within the Binghamton University community
based on national origin, ethnicity, race, age, religion, gender, sexual orientation,
disability, veteran status, color, creed or marital status, may be addressed through
the State University of New York's Discrimination Complaint Procedure or the
Rules of Student Conduct. Bias incidents may be reported to University Police
or to staff as noted above.
View full policy (PDF, 780 KB).

Advertised Commitments to Free Expression

Green light policy: Office of the University Ombudsman: Free Speech 12-13

The First Amendment protects freedom of speech, of the press, of association, of assembly, and of petition from suppression by the government. These constitutional guarantees, collectively known as the right to freedom of expression, are essential to the mission of Binghamton University.
View full policy (PDF, 386 KB).

Green light policy: Student Handbook: Becoming a More Inclusive Campus Community- Academic Freedom 12-13

Throughout its history, Binghamton has maintained a tradition of open
communication and freedom of expression. It recognizes that the university
is a traditional sphere of free expression fundamental to the functioning of
our society. The Binghamton President's Commission on Free Speech and
Academic Freedom (1992) affirms the academic freedom of students as well
as professors: "Students have freedom to exercise their intellectual curiosity,
to draw conclusions for themselves and to express their own opinions, no
matter how controversial, [and] without fear [of reprisal]."
View full policy (PDF, 121 KB).

Green light policy: Student Handbook: Other University Policies- Harassment 12-13

The concepts of academic freedom and an open exchange of ideas are essential
to the mission of any educational institution. Binghamton University
is committed to these ideals, and as a public institution is legally obligated to
protect its members' First Amendment right of freedom of expression. Respect for this right requires that members of the University tolerate the
expression of views that are contrary to their own, and recognize that the expression
of ideas that are intolerant, bigoted or deeply offensive are entitled to
First Amendment protection. Equally important, however, is the understanding
that free expression carries with it the responsibility of civility and respect for
others. The University views conduct intended to disparage or demean others
as contrary to the pursuit of knowledge and rational discourse.
So-called "speech codes" have been deemed unconstitutional by the courts.
Therefore, while Binghamton University does not condone incivility within
the campus community, it has not adopted a policy to prohibit offensive speech.
Moreover, Binghamton has a proud history of inviting and encouraging the
expression of diverse views.
View full policy (PDF, 206 KB).

Green light policy: Student Handbook: University Expectations 12-13

The tradition at Binghamton, a public university, is that the full exercise
of First Amendment rights is encouraged and protected.
View full policy (PDF, 110 KB).

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