Do Words Really Matter: A Mixed Methods Grounded Theory Study Of Student Conduct Codes And Campus Racial Climate Data

Abstract

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.