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Central Michigan University Eliminates âRed Lightâ Bias Incident Policy, Improves Speech Code Rating
This week, FIREreleased our first-ever national survey of campus âBias Response Teamsâ (BRTs), which produced several findings worth noting. Among other things, our BRT report identified more than 230 public and private institutions maintaining some type of bias response program during the course of 2016, affecting approximately 2.8 million students.
As the report discusses in great detail, these policies and programs present an ongoing threat to studentsâ and faculty membersâ free speech rights. Not only do they often violate First Amendment rights when applied at public universities or abandon policy commitments to free speech when applied at private ones, they badly harm the campus climate for free expression by teaching students to report speech they subjectively find offensive, misguided, or âbiasedâ to authorities.
Against this backdrop, we are pleased to report that one public university that previously maintained such a policy has heeded ĂÛÖÏăÌÒâs recommendations and eliminated it.
Central Michigan University (CMU) formerly maintained a âBias Incident Response Teamâ policy that provided, in relevant part:
Bias incidents take many formsâ words, signs, symbols, threats or actions âin electronic or real-time. They include intimidation, vandalism, destruction of property, harassment, and expressions of hate or hostility.
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Anytime anyone in the CMU community feels belittled, disrespected, threatened, or unsafe because of who they are, the entire university community is diminished. Thatâs why itâs important to report all bias incidents â even those intended as jokes. If you have observed or experienced a bias incident, it should be reported as soon as possible.
This policy earned ĂÛÖÏăÌÒâs worst, âred lightâ rating for campus speech codes, and itâs not difficult to see why.
The policy explicitly prohibited any âexpressions of hate or hostility,â including through âwords, signs, [or] symbols,â endeavored to shield members of the CMU community from ever feeling âbelittledâ or âdisrespected,â and even made clear that âjokesâ were out of bounds. Thatâs a staggering amount of constitutionally protected expression banned at a public university fully bound by the First Amendment. (Indeed, the policy was one of the worst examples I could think of, when highlighting the issue of campus bias incident policies .)
Happily, the university has now eliminated that policy, following receipt of a letter from ĂÛÖÏăÌÒ last year advising it to do just that.
FIRE and faculty members at CMU are better off for this decision, as they no longer have to fear being reported and potentially face disciplinary action under the policyâs broad terms. FIREand professors likely struggled to understand the policyâs uncertain contours and the extent to which it regulated their speech, and many of them may have understandably self-censored rather than risk the possibility of disciplinary action. Ultimately, the policyâs elimination should remove the chilling effect it placed on campus discourse.
Moreover, CMUâs policy change now improves the school to an overall âyellow lightâ rating in FIREâs Spotlight Speech Codes Database. Since the bias incident policy was the sole red light speech code CMU maintained, the university is now down to just two remaining yellow light policies. As FIREsaid in our letter to CMU last year, we would be pleased to work with the university on revising those policies as well. By reforming those two speech codes, CMU has a very real opportunity to earn our highest, âgreen lightâ ratingâsomething only 29 colleges and universities in the entire country can currently claimâas well as to be the first green light institution in the state of Michigan. We hope the university will take us up on our offer.
In the meantime, we commend CMU for eliminating its bias incident policy, and hope many other institutions will follow its example.
To find out if your college or university maintains a Bias Response Teamâand to learn more about the impact these programs have on campus speechâclick over to view ĂÛÖÏăÌÒâs full report.
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