Browsing by Subject "Student conduct"

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    Do Words Really Matter: A Mixed Methods Grounded Theory Study Of Student Conduct Codes And Campus Racial Climate Data
    (2020-05) Barnes, Anne
    Among the most bedeviling problems on college campuses today is whether and how an inclusive campus racial climate and freedom of expression can co-exist in a complementary manner. Public universities must adhere to the First Amendment, just as the rest of society does; the difficulty they face is the balance between protecting the right to free and open expression and creating a positive racial climate for their many students of differing backgrounds. There are few limitations on freedom of speech and expression, but universities do not want to appear as though they do not take seriously accusations of racial bias and discrimination, nor that racism and racial microaggressions are acceptable. At the heart of the issue is how to allow legally protected speech to exist on a campus while simultaneously ensuring civil rights of historically underrepresented students, staff, and faculty. Historically, this is where student conduct codes have been utilized, as speech cannot be regulated legally in the same way that conduct can. This mixed methods grounded theory study explored the current discussion around campus racial climate in relation to freedom of speech, examining both legal and policy positions, and sought to understand the relationship between the specific verbiage and themes used in student conduct codes and students’ perceptions of campus racial climate on an individual campus. This analysis of student conduct codes, mission statements, legal cases, and data from the undergraduate Student Engagement in the Research University survey revealed that: a) student conduct codes remain focused on punishment, not student development; b) institutions continue to employ overly legalistic language in student conduct codes; c) student conduct codes do not reflect mission statement values; and d) the absence or presence of diversity discussion in student conduct codes shares a relationship with student perceptions of campus racial climate.
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    Slurred speech: free speech rights and social media on the college campus
    (2014-09) Barnes, Anne E.
    In 1965, five young students made the decision to protest openly the Vietnam War at their respective public schools. This seemingly minor act of wearing black armbands resulted in the watershed case, Tinker v. Des Moines Independent Community School District, which still stands almost 50 years later as the litmus test for determining whether school disciplinary actions violate students' free speech rights. My thesis, "Slurred Speech: Tinker and Social Media on the College Campus," will explore several aspects of the Tinker standard as relates to higher education: 1. Is Tinker the appropriate standard to use in higher education? Given that PK-12 education is mandatory and, for the most part, involves minors, is it appropriate to use the same standard in higher education? If not, what IS the appropriate standard?2. How do social media intersect with Tinker? Many schools have struggled with behavior that takes place off school grounds, and whether there is "jurisdiction" for them to impose discipline for said actions. In the age of social media, this concept has been turned on its head, and we are witnessing an unprecedented time of confusion regarding school authority over "actionable" behaviors employing social media.3. Should higher education institutions monitor students' social media? While virtually every institution already has a student conduct code, most have not taken the step of using that code to discipline students for actions that take place on social media. We are just starting to see these cases arise, and schools will have to adopt a "best practices" approach when it comes to how they handle the question of social media monitoring. My thesis conclusion will include a best practices model.4. Should higher education institutions discipline speech at all? Are there limits?This is, perhaps, the biggest question of all, and is the primary reason I am including the Garcetti v. Ceballos case in my thesis. As places of teaching and learning, I find it an interesting paradox when institutions of higher education discipline anyone--either student or employee--for employing his/her right to free speech. While I understand the need to protect the institution, it seems to me that students should instead be taught the old saying, "with great power (freedom) comes great responsibility," and should learn how to wield words responsibly. Censorship in any form is the enemy of democracy, as has been proven throughout history, so I find it distressing to see higher education seemingly embrace the idea that students and employees can be disciplined for speech. I will use cases such as Tinker, Garcetti, and Tatro v. University of Minnesota, along with instances of disciplinary action on campuses across the country to explore these questions. The goal of the thesis is to answer these increasingly important questions, provide institutions with the background to make sound, balanced decisions regarding students' free speech rights, and offer a "best practices" guide for social media and student conduct codes.