Discussion List for campus-based and allied personnel working to end gender-based violence on campus.

 Speech that rises to the level of harassment is not protected.

Not all speech rises to the level of harassment.

If an employee is watching porn so that other employees are effectively 
subjected to the images - it is sexual harassment.? The same principle 
applies.

I wasn't calling you a nut of any sort.? But the issue isn't where did the 
speech originate - but rather - where did it land.? And in a cyber location 
which is called "X university" - and is used by the students of "X 
university" to harass a particular student at "X university" - university 
officials have a right and a duty to either stop access to the site if it 
refuses to prevent illegal activity -- and/or take steps against offending 
students if they post harassing speech.? we aren't talking about generic 
chatting on-line.? This is university specific stuff - intended to cause harm 
to particular sutdents, in my case, based on gender.? This conduct clearly 
interferes with the ability of certain students to experience an equal 
educational opportunity - which is the point of title ix. -- so if ANY 
harassing speech is improper - then harassing speech in cyber-campus venues 
is improper.? If? white students got together in a campus building and on a 
daily basis - talked for hour
 s about how a particular black student was an "n--gger" - and they went on 
and on about how this black student was a horrible worthless human BECAUSE of 
his race -- not only would the school put a stop to it - officials would 
punishe the offending students.? 

Offensive speech is measurably different than harassment speech - 

i agree there are no perfect solutions - but there are imperfect solutions - 
and doing nothing should not be an option.

If a university can prevent access to child porn - then it can prevent access 
to speech that violates title IX - 

maybe not perfectly - but it can erect barriers that make it more difficult - 
and it can take steps to enforce policies against illegal speech - 

wendy


 


 

-----Original Message-----
From: 

To: 
;
 

Sent: Mon, 9 Feb 2009 11:35 am
Subject: Re: OCR complaint involving Juicy Campus












HI WENDY,


?


YOU WROTE:? How do universities stop graffiti hate-harassment speech - 
painted on the walls of campus buildings?? YOU HAVE DESCRIBED BOTH CONDUCT 
AND A CRIME OF VANDALISM, WHICH ARE NOT PROTECTED SPEECH.? PURE SPEECH ON 
THE INTERNET ON AN OPEN FORUM IS WHOLLY DIFFERENT.? THE INTERNET IS LARGELY 
UNREGULATED, AND SO THE QUESTION IS WHY ISN'T IT THE JOB OF THE HOST SITE, 
RATHER THAN A UNIVERSITY, TO ADDRESS HARASSMENT WITHIN ITS FORUM?? THE 
UNIVERSITY IS ONLY INVOLVED AS THE SITE OF ENROLLMENT OF THE VICTIM AND MAYBE 
THE HARASSER.? IT IS NOT THE VENUE OF PUBLICATION, AS YOUR EXAMPLE MADE 
IT.


?


ALSO, I ASKED SPECIFICALLY ABOUT THE OCR COMPLAINT.? AS YOU KNOW, TO 
MAKE OUT A TITLE IX COMPLAINT, THE FUNDING RECIPIENT MUST HAVE CONTROL OVER 
THE 
HARASSER AND THE CONTEXT OF THE HARASSMENT.? IN YOUR CASE, IF THE HARASSER 
IS A STUDENT, THERE IS UNIVERSITY CONTROL.? BUT HOW IS THE UNIVERSITY IN 
CONTROL OVER THE CONTEXT OF JUICY CAMPUS?



YOU THEN WROTE:? Do they punish known offenders for violating the 
rights of black students if the writer uses prolific N-word and KKK speech to 
express their hatred in spray paint all over campus?


?


LET'S PUT ASIDE THE ISSUE OF SPRAY PAINT, BECAUSE THAT CONFUSES WITH THE 
VANDALISM/HATE CRIME ISSUE AGAIN.? LET'S RETURN TO PURE SPEECH, WHICH IS 
WHAT THE JUICY CAMPUS POSTINGS ARE.? I'M NOT A FREE SPEECH NUT.? I AM 
LEGITIMATELY ASKING...HOW CAN A UNIVERSITY, UNDER CASE LAW SUCH AS DOE V. 
UNIV. 
OF MICHIGAN, UWM POST V. REGENTS AND NOW DEJOHN V.TEMPLE, ACT TO RESPOND 
WITHOUT 
VIOLATING THE 1ST AMENDMENT?? THE N WORD, KKK SPEECH AND SEXUALLY HARASSING 
SPEECH ARE PROTECTED EXCEPT AT THE EXTREMES ON PUBLIC CAMPUSES AND ALL 
CAMPUSES 
IN CALIFORNIA (EXCEPT THOSE WITH RELIGIOUS AFFILIATIONS).? NOW, UNDER 
DEJOHN, UNIVERSITY ADMINISTRATORS CAN FACE PERSONAL SECTION?1983 LIABILITY 
FOR DEPRIVING STUDENTS OF RIGHTS CONVEYED BY THE 1ST AMENDMENT.? 


?


JUICY CAMPUS IS A THORN IN MY BACKSIDE, BUT?WASN'T IT A PRETTY 
WELL-PROTECTED THORN?



Regards,
Brett A. Sokolow
Brett A. Sokolow, 
J.D.
Attorney-At-Law


"Best Practices for Student Health and 
Safety"

The 
National Center for Higher 
Education Risk Management, Ltd. 

(a not-for-profit 
corporation)
20 Callery Way 
Malvern, PA 19355-2969
Tel. 
(610) 993-0229 
Fax (610) 993-0228
www.ncherm.org

2009 President, The 
National Behavioral Intervention Team Association (www.nabita.org)

NCHERM 
serves as counsel/advisor to 23 campuses, including:
Special Advisor to 
the United States Air Force Academy
Special Counsel to the Dean of Students, 
Dominican University (IL)
Special Counsel to the Dean of Students, Lake 
Forest College
Special Counsel for Student Conduct Issues, Warren Wilson 
College
Special Counsel to the Dean of Students, Hendrix College
Special 
Counsel for Student Health & Safety, Howard Community College
Special 
Counsel to Harrisburg Area Community College
Special Advisor to the 
University of Texas, San Antonio
Special Advisor to Illinois Wesleyan 
University
Special Advisor to Salisbury University
Special Advisor to 
Columbus State Community College
Legal Consultant for the Behavioral Incident 
Report Team, Northwestern Michigan College
Special Advisor to Lehigh Carbon 
Community College
Special Counsel to South Carolina State 
University
Special Counsel to Central Oregon Community College
Legal 
Counsel, Saint Mary's College (IN)
Special Counsel, Southwestern Michigan 
College




?




In a message dated 2/9/2009 1:59:19 P.M. Eastern Standard Time, 

 writes:


How do 
  universities stop graffiti hate-harassment speech - painted on the walls of 
  campus buildings?
Do they punish known offenders for violating the rights 
  of black students if the writer uses prolific N-word and KKK speech to 
express 
  their hatred in spray paint all over 
campus?




 

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