43 NSU STUDENT HANDBOOK 2023-24 CAMPUS HARASSMENT AND INCITEMENT Northern State University stands for equal opportunity and equal treatment for all students, faculty, administration, and staff. An academic community must strive to eliminate inflammatory, racist, or prejudiced action or harassment aimed at any person or group if such action or harassment is based on viewpoint, race, or ethnic origin. At the same time, freedom of speech and academic freedom are recognized as vital elements in the life of the university. No value is more fundamental to the academic community than that all persons must be treated with civility and respect, and that, accordingly, the preferred means to resolve disagreement is through well-reasoned discussion. This policy sets the minimal standards that are expected on the university campus with respect to incidents involving incitement or racial harassment. The following categories of inflammatory and harassing speech are unprotected by the First Amendment and will not be tolerated in our community: 1. “Fighting words” which include the lewd and obscene, the profane and the insulting, which by their very utterance inflict injury or tend to incite an immediate breach of the peace. 2. Speech which has the effect of inciting imminent lawless action and which is likely to incite such action. 3. Speech or conduct which creates a hostile or abusive working environment on the basis of race or sex. 4. Legally obscene speech which is vulgar and shocking, such as materials involving the sexual exploitation of children. The university will follow administrative policies and take actions to preserve the academic environment and the civil rights of all persons. Reasonable and non-discriminatory time, place, and manner restrictions which are narrowly tailored to preserve academic and civil communication and the First Amendment rights of all persons may be necessary in order to maintain a peaceful and tolerant atmosphere on the campus. Persons, whether student, visitor, faculty member, or university employee who are the victim of harassment or who feel that their civil rights have been violated have several options for seeking remedy within the university. Invoking the affirmative action process is one option. Additionally, the person may report the incident(s) to one of the following offices: the President, the Vice President for Academic Affairs, the Vice President of Student Affairs, or the Director of Human Resources. These offices may deal with the problem administratively or ask interested parties to hold discussions with the complaining person and any other individual or individuals involved in the matter. All non-administrative attempts to settle the difficulty will be in the spirit of trying to improve the relationships between the parties and will be conducted in a thoughtful and respectful way. Administrative handling of complaints may include referral to appropriate civil authorities. SOUTH DAKOTA BOARD OF REGENTS POLICY MANUAL 6:13 SUBJECT: Facilities Use by Private Parties A. PURPOSE To establish policy and procedures pertaining to the use of institutional facilities by private parties. B. DEFINITIONS 1. Affiliated Entity: organizations, such as institutional foundations, whose legal purpose includes support of the institution and its activities, organizations that have been authorized by the institution to use it name and marks, and student organizations recognized by the institutions, as well as the State of South Dakota and its political subdivisions, and their instrumentalities.