University rated on freedom of expression

Diego Saldana-Rojas/ Staff Writer

According to the Foundation for Individual Rights in Education, the University has student rules in place that limit freedom of speech.FIRE, a non-profit organization focused on civil rights in U.S. academia, gave the University an overall speech code rating of “red,” meaning a university that “has at least one policy that both clearly and substantially restricts freedom of speech,” according to its website.The organization classifies a speech code as “any university regulation or policy that prohibits expression that would be protected by the First Amendment in society at large.”

FIRE’s website points out seven violations on the University’s part and classifies them all as “restrictions on expressive rights,” six pertaining directly to student rules and regulations.

Of the six categories cited, one received a green, four received yellow and one received red.
The one red rating, FIRE cites as imposing on students freedom of expression is in regard to sexual misconduct.

FIRE cites section “n” of the offenses portion in the Student Code of Conduct: “Any sexual act that occurs, regardless of personal relationship, without the consent of the other person, or that occurs when the other person is unable to give consent.”

Larry Lunsford, vice president of Student Affairs and University ombudsman, understands FIRE’s view of why the University’s sexual harassment policy is in place.

“I believe that students would be in support of the policy that protects them from unwanted sexual comments and gestures,” Lunsford said.

FIRE gave four yellow lights to four separate University regulations and labeled them under different categories.

The first yellow light falls under the “harassment policies” subsection. According to the Personal Abuse section of the Student Code of Conduct, “Verbal or written abuse of any person including, indecent or obscene expressions or conduct.”

The second falls under “policies on tolerance, respect and civility.”

FIRE quotes the “respect for self and others” section of the SCC, “Students are expected to conduct themselves in a manner which exemplifies respect for people of all races, religions, and ethnic groups and to adhere to one’s personal values without unduly imposing them on others.”

Karine De Gani, a senior journalism major thinks a policy that emphasizes respect and civility is not imposing.

“We have people from every part of the world…and I think there needs to be an order or an establishment to maintain this order but I just don’t think it’s imposing …I believe I need to respect them [other individuals],” De Gani said.

The third yellow light is labeled under “policies restricting freedom of conscience” and cites the student code of standards, which say that students will “respect the rights and property of the University and its members.”

The last yellow light given is related to “posting policies” and the promotions or posting section of the SCC is quoted, “Solicitation… on campus, including on-campus housing facilities, without prior approval from the appropriate University officials.”

Sophomore journalism major Alexia Gonzalez has never felt an oppressing force from the University and feels students can express themselves freely.

“I feel like students can speak their minds in class without teachers restricting what they say, and I respect that,” Gonzalez said.

The University has come under FIRE’s scrutiny before.

In 2002, the University made changes to some of its Spanish classes. FIRE condoned the University for restricting certain Spanish classes to certain ethnic groups.

Its website says the University used to label some classes as “U.S. Hispanic Bilinguals Only” or “U.S. Hispanic Bilinguals.”

Separate Spanish courses for native and non-native speakers are still present in the modern languages department catalog.

“If you want to take a native class and you’re really good at that language and that’s not your native language, then you should be able to take those classes without any restrictions,” said Rudy McCormick, a junior political science major.

The difference between then and now is that non-natives are allowed into a native class so long as they are pre-approved by the department.

“If you are put into a class with non-native speakers, those people [are on] a level that is way lower than yours and you’re not going to learn,” said De Gani, who is minoring in Spanish, which is not her native language.

Several other state universities received a red rating including Florida State University, University of Florida, University of South Florida and Florida Gulf Coast University.
University of Central Florida and Florida Atlantic University both received yellow ratings.

The one category that the University did a receive a green light was in “advertised commitments to free expression.”

When asked whether he was content with the Universities rating, Lunsford responded, “Probably neither, I wish they would understand the compromise, if that’s the right word or the gray area. We don’t go out and… look for violators, if we did you would hear about it.”

“They are saying ‘we shouldn’t have anything,’ but… deep down, do they really want to see a young male or female student being harassed verbally and sexually and call that freedom of speech?” said Lunsford. “We are going to disagree as a university because I believe part of our mission is to teach civility and respect for others and respect for differences.”