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Monday, August 3, 2020
Free Speech? UH Manoa Policy Encourages Abuse
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School Spotlight: UNIVERSITY OF HAWAII AT MANOA

From Foundation for Individual Rights in Education, July, 2020

SPEECH CODE RATING

University of Hawaii at Manoa has been given the speech code rating Yellow. 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

UNIVERSITY OF HAWAII SYSTEMWIDE STUDENT CONDUCT CODE: Proscribed Conduct

Speech Code Rating: Yellow

Speech Code Category: Internet Usage Policies

Last updated: July 21, 2020

Theft or other abuse of computer and other electronic facilities and resources, including but not limited to: …  Use of computing facilities and resources to send obscene or abusive messages.

Go to Policy | Get the Full Text PDF

Student Housing Services: Community Standards- Hate Crimes/Bias Incidents

Speech Code Rating: Yellow

Speech Code Category: Policies on Bias and Hate Speech

Last updated: July 21, 2020

Hate Crimes/Bias Incidents: Hate crimes or bias incidents include non-threatening name calling and using degrading language, graffiti or slurs because of a belief or perception about a person’s race, ethnicity, national origin, ancestry, gender, religion, religious practice, age, ability, sexual orientation or gender identity and gender expression, and/or other aspect of identity. Incidents may also include actions against persons both physical and psychological, actions against property, and actions committed verbally and electronically.

Go to Policy | Get the Full Text PDF

Student Housing Services: Community Standards- Posting of Signage

Speech Code Rating: Yellow

Speech Code Category: Posting and Distribution Policies

Last updated: July 21, 2020

Student Housing Services reserves the right to require the removal of any signage or symbols posted on the exterior of a room door or posted in a window that is disruptive to the community.

Go to Policy | Get the Full Text PDF

Interim Policy and Procedure on Sex Discrimination and Gender-Based Violence

Speech Code Rating: Yellow

Speech Code Category: Harassment Policies

Last updated: July 21, 2020

Sexual Harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: …

c. When such conduct is unwelcome to the person to whom it is directed or to others directly aware of it, and when such conduct is:

i. Severe or pervasive; and

ii. Has the purpose or effect of either:

(1) Unreasonably interfering with the employee’s work performance or student’s academic performance; or

(2) Creating an intimidating, hostile, or offensive work or educational environment.

In determining whether sexual harassment resulted in a sexually hostile environment, the University will consider the conduct from both an objective and subjective standpoint. That is, the Reporting Party must view the conduct as offensive, and a reasonable person with the same fundamental characteristics as the Reporting Party (e.g., actual or perceived sex, age, race, gender, sexual orientation, gender identity, or gender expression) must also view the conduct as offensive.

The following are examples of behavior that may constitute hostile environment sexual harassment if unwelcome and persistent, pervasive, or severe:

Sexually offensive jokes or ridicule of a person’s sexuality, sexual orientation or gender identity

Remarks of a sexual nature about a person’s clothing or body

Remarks about sexual activity or speculations about previous sexual experiences

Unnecessary and unwanted touching, patting, hugging, or brushing against a person’s clothing or body

Pressure for sexual activity, an element of which may be nonverbal conduct, such as repeated and unwanted staring or sexually suggestive gestures

Displays of offensive objects or pictures, including the use of electronic technology to send derogatory, demeaning, threatening, or hostile materials based on sex

Requests for sexual favors accompanied by direct or implied rewards or threats

Taking, sending, or sharing photos, videos, or audio recordings of sexual activity without the person’s consent, regardless of whether the sexual activity itself was consensual

Intimidation, threats of harm, or actual assaults against a person based on their actual or perceived sex, gender, sexual orientation, gender identity, or gender expression.

Go to Policy | Get the Full Text PDF

UNIVERSITY OF HAWAII SYSTEMWIDE STUDENT CONDUCT CODE: Proscribed Conduct

Speech Code Rating: Yellow

Speech Code Category: Harassment Policies

Last updated: July 21, 2020

Any conduct that threatens or endangers the health or safety of any person including but not limited to, physical abuse, verbal abuse, threats, intimidation, harassment, bullying, coercion, stalking as defined below.

a. Threat is written or verbal conduct that causes a reasonable expectation of injury to the health or safety of any person or damage to any property.

b. Intimidation is implied threats or acts that cause a reasonable fear of harm in another.

c. Bullying and cyberbullying are repeated and/or severe aggressive behaviors that intimidate or intentionally harm or control another person physically or emotionally, and are not protected by freedom of expression.

Verbal abuse is shouting or yelling in a threatening or hostile manner and/or use of abusive or belligerent language.

Go to Policy | Get the Full Text PDF

UH Systemwide Policies and Procedures: EP 2.210- Use and Management of Information Technology Resources

Speech Code Rating: Yellow

Speech Code Category: Internet Usage Policies

Last updated: July 21, 2020

Users may not engage in the transmission of unsolicited bulk email (“spamming”), regardless of how important it may seem to the sender. Email is a form of individual communication, not a public forum, and should not be used to express opinions or forward views to those who have not expressed a wish to engage in the dialog.

Go to Policy | Get the Full Text PDF

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