As a College Student
Know Your Rights
When Victimized by Hate
Are college students protected against discrimination and harassment on college campuses?
Yes!
Public colleges and universities are responsible for ensuring that campus programs and activities are free from discrimination and harassment.
California law including the California Equity in Higher Education Act states that all students have the right to participate fully in the educational process, free from discrimination and harassment, and that California postsecondary educational institutions have an affirmative obligation to combat racism and other forms of bias.
In addition to protections under California law, Title VI of the federal Civil Rights Act of 1964 prohibits discrimination based on race, color, or national origin by educational institutions that receive federal funding.
While Title VI does not explicitly prohibit discrimination based on religion, discrimination against students of any religion is prohibited when it overlaps with:
Racial, ethnic, or ancestral epithets, or slurs
How a student looks, dresses, or speaks if linked to ethnicity or ancestry (e.g., skin color, physical features, accent, language spoken)
Stereotypes about people who share certain ancestral or ethnic characteristics
Schools may violate Title VI if they have created, encouraged, or failed to correct a hostile environment based on race, color, or national origin.
A hostile environment occurs when there is harassing conduct based on a protected characteristic that is so severe, pervasive or persistent that it interferes with or limits the ability of an individual to engage in the school’s services, activities or privileges. This applies in all academic, athletic, and extracurricular contexts, regardless of whether the harasser is a student, faculty member, other employee, or an outsider to the school.
What should a college student do if they are faced with discrimination and/or harassment on campus?
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Try to record the incident if it is safe to do so or screenshot the harassment and/or discrimination if it occurs online. Consider writing down your recollection of the incident as soon as possible. When documenting the incident, you should try to gather as much information as possible including:
Who was the perpetrator of the improper behavior?
What happened?
When did it happen? The date and time that it occurred
Where did the incident take place?
The names and contacts of any witnesses.
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Consider reporting threats or acts of physical harm to the police.
Report the incident to organizations like CAIR-CA.
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File a complaint with your college or university.
Each post-secondary educational institute in California has its own internal process of handling complaints of discrimination and harassment. (See Cal. Community Colleges; Cal. St. U; U. of Cal.)
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Document and keep a record of everything, including any communications to the school, who you spoke with and what was said. After speaking with someone over the phone or in-person, consider sending them a follow-up email to document the conversation.
Are college students protected for speaking up against hate on campus?
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Yes! College students are protected for speaking up against hate on campus.
Constitutional free speech protections extend to public universities and colleges. Students are protected by the same free speech protections against government interference as members of the public at large. Additionally, colleges and universities are recognized by the courts as places where free speech and the marketplace of ideas is meant to thrive.
Free speech protections cover spoken and written communication, as well as forms of expression like clothing, flyer distribution, and protesting.
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The First Amendment limits what government entities, including public colleges and universities, can do to quiet free speech – even if others disagree with the views expressed.
Schools cannot apply any restrictions or codes of conduct differently based on the messages being made by a student.
Discrimination against speech due to its message, known as “viewpoint discrimination”, is generally presumed unconstitutional.
Therefore, public colleges and universities may not, for example, deny funding that they typically provide to student organizations or specific student groups, based on the viewpoints of those groups.
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Free speech rights are not unlimited though and colleges and universities have the authority to regulate the time, place and manner of speech using reasonable restrictions, as long as these regulations are neutral regarding viewpoint and content. Public colleges and universities’ regulations must also ensure that opportunities for expression remain available, meaning they cannot completely restrict or prohibit all forms of speech.
For example, schools may make protests off limits after a late hour in the night or prevent demonstrations from blocking entrances to buildings.
Restrictions on speech in public areas of campus, such as open green spaces and sidewalks, must be narrowly tailored, specific, and directly related to a legitimate university interest, such as ensuring that all students have equal access to quiet study spaces.
For example, limiting the level of noise or the hours of protest.
The First Amendment does not protect behavior or speech on campus that consists of targeted harassment or threats, including intimidation. It does not protect on-campus behavior that creates a pervasively hostile campus environment, that substantially disrupts the functioning of the school, or that calls for and is likely to cause immediate lawless action.
What are private school students' free speech rights?
First Amendment
The First Amendment does not apply to private campuses, and private schools can generally discipline students for violating established codes of conduct or guidelines. However, many private colleges and universities have implemented their own policies and standards on protecting free speech.
Leonard Law
In California, the Leonard Law extends some free speech protections to private school students. The Leonard Law prohibits private colleges and universities from making or enforcing any rule that would discipline a student for conduct or speech that would otherwise be protected by the First Amendment if it occurred off campus.