Appendix A- Grounds and Facility Use Policy Definitions
Throughout these definitions, “speech” includes all Expressive Activity as defined in the Grounds and Facility Use Policy.
Hostile Environment Speech: Speech creates a hostile environment when it is sufficiently serious that it objectively denies or limits a GVSU community member’s ability to participate in or benefit from GVSU’s programs, hinders the academic process, or materially and substantially interferes with the requirements of appropriate discipline in the operation of the University. Speech that objectively creates a hostile environment is prohibited and unprotected. Objectivity is based on a reasonably prudent person in like circumstances.
- Bullying: Speech that objectively 1) places a GVSU community member in reasonable fear of physical or mental harm, causing substantial emotional distress and 2) having an actual and substantially detrimental effect on the community member’s ability to participate in the University’s educational opportunities, benefits or programs. Examples of bullying may include taunting, malicious teasing, insulting, name calling, and making threats.
- Harassment: Speech that 1) subjects a GVSU community member or group to unwanted, objectively abusive behavior of a nonverbal, verbal, written or physical nature, often on the basis of age, race, religion, color, national origin (including shared ancestry or the appearance of shared ancestry), marital status or disability, but may also include sexual orientation, gender identity, gender expression, physical characteristics (e.g., height, weight, complexion), cultural background, socioeconomic status, or geographic location (e.g., from rival school, different state, rural area, city, etc.) and 2) objectively has an actual and substantially detrimental effect on the community member’s ability to participate in the University’s educational opportunities, benefits or programs. Objectivity is based on a reasonably prudent person in like circumstances. The civil exchange of opinions or debate does not constitute harassment.
Nonpublic Forum: Locations that have not been opened by the school for the purpose of public discourse. Content and participant restrictions apply, but will be viewpoint neutral and reasonable in light the purpose of the forum. GVSU buildings designated as nonpublic forums serve one or more of the following important University purposes: academic, research, health, operations/administration, or flow of traffic. Speech that interferes with University purposes or impinges on the rights of others is prohibited. Time, place, and manner restrictions may also apply.
Public Forum: An area traditionally devoted to assembly and debate. Public forums have either been opened by the University or have traditionally been known for being a place for public expression. Speech is not generally prohibited. However, viewpoint-neutral time, place and manner restrictions may apply.
Limited Public Forum: Limited public forums have specifically been opened by the University to student organizations (or other groups) to encourage public discourse on specific topics. All areas on University owned and controlled property not specifically designated as public forums or nonpublic forums are limited public forums. Speech will not be restricted on the basis of viewpoint. Time, place, and manner restrictions may also apply.
Unprotected Speech: Speech which has been deemed by state, federal or local law to be unprotected by the First Amendment. Unprotected speech may include but is not limited to speech that creates a hostile environment or otherwise objectively interferes with either the University’s ability to carry out its functions or a GVSU community members’ ability to benefit from University services, programs or opportunities; obscene, vulgar, inciteful, fighting words, and/or profane speech; speech by a University employee that is not a matter of public concern or where the employee’s interest in using the speech does not outweigh the University’s compelling interest.
- Inciteful: Speech that advocates for using force, violence or a violation of law directed at producing imminent lawless action and likely to incite or produce that action.
- Fighting words: Speech that 1) inflicts injury or tends to incite an immediate breach of the peace and 2) objectively causes a substantial disruption or interference with the orderly operation of the University or creates a hostile environment for other members of the University community.
- Obscene: Speech that deals with sex in a manner that appeals to lustful or indecent interests or tends to deprave or corrupt by inciting lustful thoughts or arousing lustful desires and where the speech is not germane to discussion of appropriate course materials or does not serve the purpose of advancing viewpoints to influence or inform public debate.
University’s Compelling Interest: The University has a significantly compelling interest in complying with all federal laws and regulations, including but not limited to those affecting the civil rights and constitutional rights of others as well as carrying out its educational and operational functions. Examples of compelling interests may include, but are not limited to, protecting GVSU community members from a hostile environment; prohibiting actions by members of the GVSU community that violate or hinder the rights of others within the campus community, results in a concern for public safety, or materially and substantially disrupts the University’s operations; taking necessary steps to end harassment, prevent its recurrence and appropriately remedy its effects in compliance with Title IX and Title VI.